Government unveils tougher powers to accelerate cladding remediation

The government will take tougher enforcement action against those responsible for unsafe cladding.

The Remediation of Unsafe Cladding Bill has been introduced to Parliament, proposing new legal duties, including a register of all medium-rise residential buildings in England between 11 and 18 metres in height.

The government aims to ensure all buildings with unsafe cladding are remediated by 2029.

All residents have a route to remediation

Building safety minister, Baroness Blake, said: “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 everyone feels confident in the safety of their home.

“Crucially, it 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.”

The bill introduces a new legal duty on those responsible for building safety, including freeholders, to identify, assess and fix issues without delay.

Those who fail to comply with a Remediation Order could face financial penalties of up to £500,000, with the First-tier Tribunal empowered to impose sanctions.

All medium-rise residential buildings in England between 11 and 18 metres must be added to a new register, with fines of up to £7,000 for failure to register.

Accelerate remediation for 12,000 residents

The bill will empower councils and Homes England to step in and carry out remediation where those responsible repeatedly fail to act.

Where a building has no effective owner or responsible entity, leaseholders will have clearer legal routes to take control of its management, ensuring essential maintenance and safety works can continue.

Developers, contractors and others who have funded safety works will also have a clearer route to recover remediation costs from cladding manufacturers whose products contributed to unsafe buildings.

Fire Risk Appraisals of External Walls (FRAEWs) will follow a consistent, evidence-based approach, with assessments independently audited to ensure buildings are assessed on the same basis.

The government claims that through these measures, the bill will help accelerate remediation for around 12,000 residents.

Industry reaction

Amy Rees, chief executive at Homes England: “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.

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

Henry Griffith, senior policy and campaigns officer at Propertymark, said: “Propertymark welcomes the introduction of this new bill to Parliament. No resident should have to live with uncertainty over their wellbeing or face unnecessary barriers when seeking to resolve issues associated with unsafe cladding and other potentially dangerous building materials. Residents must have clear protections against being left to shoulder the financial burden of making their properties safe.

“Our recent Leasehold: Still a Life Sentence report, which included the experiences of more than 1,200 leaseholders, found that the presence of a building safety issue makes it very difficult to sell a property due to the uncertainties surrounding costs and liabilities. Furthermore, too many leaseholders are paying to have their properties made safe, with our research finding that 82% of leaseholders who had a defect remediated had to pay, including 32% who faced an increase in their service charge.

“The government’s ambition to address some of the remaining challenges around the remediation of flammable cladding is welcome, particularly where industries not covered by previous legislation will now be required to contribute financially.

“While the Bill is an important milestone for those in England, further work is needed to ensure the legislation delivers meaningful progress for leaseholders, provides greater certainty for the property sector to support flat sales, and helps ensure that as many outstanding building safety defects as possible are remediated.”