Government issues update on signatories for developer remediation contract

22 May 2023

BACK ON Monday 30 January this year, the Government wrote to major housebuilders and other large developers saying that it expected them to sign the developer remediation contract by Monday 13 March 2023. As of Thursday 18 May, 48 developers have now signed the contract.

Once signed, the contract requires developers to take responsibility for all necessary work to address life-critical fire safety defects arising from the design and construction of buildings 11 metres and over in height that they developed or otherwise refurbished in England over the 30 years prior to 5 April 2022.

Developers must also keep residents in those buildings informed about progress towards meeting this commitment and, further, reimburse taxpayers for funding spent on remediating their buildings.

These requirements reflect a public pledge signed by 49 developers last year. Once signed, the contract makes the pledge commitments legally binding.

Four developers who signed the pledge were subsequently found not to have developed buildings within the scope of the contract. Those developers have therefore not been required to sign the contract at this stage. They may be asked to sign the contract in future if information emerges indicating that they did in fact develop buildings which are in scope.

The Government has made clear that eligible developers who refuse to sign the contract or otherwise fail to comply with its terms face significant consequences.

Signatories to date

Developers who have signed the contract to date are the Allison Homes Group Limited, Ballymore Limited, Barratt Developments plc, Bellway plc, Bewley Group Limited, Bloor Investments Limited, Broadthorpe Limited (the parent company for William Davis Homes), Cala Group (Holdings) Limited, Canary Wharf Group plc, C.G. Fry and Son Limited, Churchill Retirement plc, Crest Nicholson Holdings plc, Croudace Homes Group Limited, Emerson Developments (Holdings) Limited (the parent company for Jones Homes), Fairview Holdings Limited and Frasers Property (UK) Ltd.

Other developers who’ve signed the contract include the Galliard Group Limited, the Grosvenor Group Limited, Hill Holdings Limited, the Hopkins Home Group Limited, Inland Homes plc, Jelson Holdings Limited, Keepmoat Limited, Land Securities Group plc, Lendlease Europe Holdings Limited, Lifestory Holdings Limited (also covering the Anthology Group), London Square Development (Holdings) Limited, McCarthy & Stone Limited, Miller Homes Limited, MJ Gleeson plc, Morgan Sindall Group plc (the parent company for Lovell and Muse), Morris Homes Group Limited, the Persimmon Public Limited Company, Redrow plc, the Regal Holdco Limited (the parent company for Regal London) and the Rowland Group Limited.

The remaining signatories are the Sorbon Group Limited (the parent company for Shanly Homes), the St Modwen Group Holdings Company Limited, Story Homes Limited, the Strata Homes Group Limited, Taylor Wimpey plc, Telford Homes Limited, The Berkeley Group Holdings plc, The British Land Company plc, Tilia Homes Limited, the Vistry Group plc, Viva Midco Limited (the parent company for Avant Homes) and the Weston Group plc.

The list of signatories will be kept up-to-date.

Developers who signed the pledge, but were then subsequently found not to have developed buildings which are within its scope are Davidsons, MacTaggart & Mickel, Robertson and Wain Homes.

The developers who have yet to sign the contract are Abbey Developments, Dandara and Rydon Homes.

Responsible Actors Scheme

On Tuesday 25 April, the Government laid draft affirmative regulations to establish a Responsible Actors Scheme for developers under Sections 126-129 of the Building Safety Act 2022.

As a condition of membership, the Responsible Actors Scheme requires that eligible developers enter into a contract with the Secretary of State containing the self-remediation terms as published on 16 March this year.

Those terms include corrections to minor errata in a superseded version of the developer remediation contract, which was published on 30 January. As of 16 March, the self-remediation terms are final and not subject to further change.