Remediation of Unsafe Cladding Bill introduced to Parliament

Of course, everyone deserves to live in a safe, secure and affordable home. However, nine years on from the Grenfell Tower tragedy of June 2017, there are still too many buildings wrapped in unsafe cladding and far too many people feeling unsafe and trapped in properties they cannot sell.

The Government took decisive action to speed up the pace of remediation by introducing the Remediation Acceleration Plan. Since that document was published, over 470 more buildings are reported to have completed cladding remediation, helping around 35,000 more residents to feel safer in their homes.

That said, the Government recognises more needs to be done, going further to identify and remediate all buildings and support residents in the process.

Building Safety Minister Baroness Blake of Leeds CBE stated: “It’s unacceptable that so many people have been left living in homes with dangerous cladding, anxiously waiting for those responsible to take action. This Bill is a milestone in our mission to right these wrongs and ensure that everyone feels confident in the safety of their home.”

Baroness Blake continued: “Crucially, the Bill will ensure all residents have a route to remediation, regulators have the powers they need to take action and that, for all residents currently waiting, an end is in sight.”

Drawing a line in the sand, the Remediation of Unsafe Cladding Bill makes clear what works are required, who needs to complete them and what the consequences will be for not taking action.

Key measures

Key measures outlined in the Bill include the following:

Stronger enforcement 

The Remediation of Unsafe Cladding Bill brings forward a new legal duty on those responsible for the safety of their buildings, such as freeholders, to identify, assess and fix issues without delay. Anyone who obstructs this work could face criminal penalties.  

In addition, there will be a stronger enforcement framework to sanction responsible entities that fail to comply with a Remediation Order, enabling the First-Tier Tribunal to hand down financial penalties of up to £500,000.

The expectation remains that, by the end of 2029, every building over 11 metres with unsafe cladding should either have been remediated or have a clear date for completion, with the key change being that tougher powers will become available before this.

Clearer route to remediation 

As a safety net, third parties (such as Homes England or local authorities) will be able to step in and carry out remediation if those responsible continuously fail to act, thereby reassuring residents that works will go ahead.

Additionally, if a building ends up with no effective owner or responsible entity, leaseholders will have clearer legal routes to take control of the building’s management so that essential maintenance and safety works can continue.

Making sure all parties pay their fair share  

Developers, contractors and others who’ve paid to make buildings safe will have a simpler and more effective route to pursue cladding manufacturers in terms of recovering remediation costs where specific products have contributed to a building being unsafe, in turn unblocking technical legal barriers that have too often stood in the way.

Greater transparency and certainty for residents and regulators

A new register of all medium-rise residential buildings in England will help to ensure that no building falls through the net. Failure to register could result in civil penalties of up to £7,000 with higher financial penalties of anything up to £40,000 or prosecution also being made available.

Fire risk appraisals of external walls – which help to determine whether remediation is needed – will be required to follow a consistent approach to assessment where buildings are judged on the same basis and risks identified through independently audited and evidence-based assessments.

Where an assessment recommends remedial work, responsible entities will be required to share a plan with residents, setting out the steps and proposed timescales for remediating each building for which they bear responsibility.

The Remediation of Unsafe Cladding Bill is expected to accelerate remediation for circa 12,000 residents (including around 3,000 residents whose buildings benefit from the remediation backstop).

Extensive work

The new measures emerge alongside extensive work already underway to progress remediation, including over £5 billion committed by the Government, as well as clear targets set for works to be completed, funding for buildings under 11 metres in exceptional circumstances, an extra £1 billion to support social housing providers’ remediation and extended funding for fire alarms to replace expensive Waking Watch regimes.

The Government also continues to deliver on the recommendations made by the Grenfell Tower Inquiry Panel, including the recent appointment of an independent Chief Construction and Scientific Advisor to provide expert advice on the safety, quality and resilience of buildings, thereby helping to deliver a better and more robust building safety system.

Amy Rees CB, CEO for Homes England, commented: “Everyone deserves to feel safe in their home. These measures are an important step in accelerating remediation, strengthening accountability and giving residents greater confidence that unsafe buildings will be fixed.”

Rees added: “Homes England will continue working with Government, regulators and industry partners alike to help ensure no building falls through the cracks and that remediation progresses as quickly as possible.”

Charlie Pugsley, acting CEO for the Building Safety Regulator, concluded: “The Building Safety Regulator is fully engaged with stakeholders to support building owners in fixing known buildings on a faster basis. We will continue to support the Government as a collaborative and proportionate regulator on the critical issue of remediation on higher-risk buildings across England.”