Amendments to the Building Safety Act have been introduced into Parliament in an effort to speed up work to make safe buildings with unsafe cladding.
The government said the Remediation of Unsafe Cladding Bill is expected to “accelerate remediation for around 12,000 residents, including around 3,000 residents whose buildings benefit from the remediation backstop.”
The Building Safety Act has been the subject of much criticism. The new bill, it is hoped, will create certainty around which buildings require cladding remediation and to what standard and give regulators the power to tackle slow progress with punitive action.
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 criminal liabilities on those responsible for the safety of their buildings. Freeholders face the risk of criminal penalties if they fail to identify, assess, and fix issues without delay. A stronger enforcement framework will enable the First-tier Tribunal to hand down financial penalties of up to £500,000 for those failing to comply with a Remediation Order
The government said as a “safety net” third parties, including Homes England and local authorities, will be able to step in and carry out remediation if those responsible continuously fail to act. Where buildings effectively end up with no owner, leaseholders will have clearer legal routes to take control of the building’s management so essential maintenance and safety works can continue.
The bill will also legislate for the opportunity for developers, contractors and others who have paid to make buildings safe to pursue cladding manufacturers to recover remediation costs, where their products have contributed to a building being unsafe.
A new register of medium rise residential buildings in England will be created. Failure to register could result in civil penalties of up to £7,000 with higher financial penalties of up to £40,000 or prosecution available. Fire risk appraisals of external walls (FRAEWs) will help determine whether remediation is needed
It is “expected”, said the government, 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.
Charlie Pugsley, Acting CEO for Building Safety Regulator concluded: “BSR is fully engaged with stakeholders to support building owners in fixing known buildings faster. 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.”
