Residents evacuated from a Belfast apartment block for safety reasons are to seek a rehearing in their failed multi-million pound compensation claim.

The owners of the Victoria Square complex have already appealed a High Court decision to strike out their actions for lateness.

But lawyers representing the group are also pushing for claims to be sent back for reconsideration based on new legislation that broadens the scope of defective buildings litigation in Northern Ireland.

Chief Justice Dame Siobhan Keegan has agreed to hear arguments on the procedural point before the case is fully opened at the Court of Appeal next month.

Completed in 2008, the Victoria Square residential complex on Chichester Street has been empty for five years.

In April 2019, residents of the 91 apartments were asked to move following the assessment of a structural column.

Ulster Garden Villages Ltd, a charity which owns more than half of the apartments, and individual landlords have joined forces to take legal action against builders and architects involved in the town center development.

They brought claims for structural defects, negligence and loss of value in a joint lawsuit estimated to be worth £25 million.

Construction firms Farrans and Gilbert-Ash, as well as architecture firm Building Design Partnership, have vehemently denied responsibility.

In March, the three defendants successfully applied to have the action struck out on the grounds that it was time-barred.

Under Northern Ireland laws, claims for defective premises compensation must be made within six years of the building’s completion – unlike the 30-year time limit in England and Wales.

A High Court judge dismissed the action after finding the apartment owners were caught by the limit.

This decision is currently expected to be challenged before the Court of Appeal.

Meanwhile, amid widespread public sympathy for those who lost their homes, Communities Minister Gordon Lyons moved to introduce new laws to bring Northern Ireland in line with the rest of the United Kingdom. United.

The Defective Premises Act (NI) 2024 has now received Royal Assent and has come into force.

Because of this change in the legislative landscape, attorneys representing Ulster Garden Villages and some other property owners want a preliminary hearing to determine how the matter should be handled.

Sean Brannigan KC, instructed by James Turner of law firm O’Reilly Stewart, told the chief justice: “It would be best to sort out the procedural issues before (the appeal) so that it doesn’t get triggered like a damp squib. »

He argued that issues of “humanity” were at the heart of his client’s allegations.

Mr. Brannigan added: “We are dealing for the first time in my career with legislation passed specifically in relation to this matter. »

The defendants’ lawyers agreed that more legal clarity would be preferable.

Dame Siobhan confirmed that the Court of Appeal would sit to deal with procedural matters ahead of the scheduled full hearing.