Government Publishes Remediation of Unsafe Cladding Bill | What YOU Need To Know
Today, Wednesday 14 October, the Government has published its Remediation Bill, under the full title of the Building Safety (Remediation of Unsafe Cladding etc) Bill. The accompanying Guide outlines the bills provisions in full.
The Bill introduces a number of provisions to accelerate the delivery of remediation, close gaps in the existing law, and hold those responsible to account. Key provisions include:
A register
The bill will introduce a register of all residential, 11 to 18 metre-high buildings in England. It will also require those responsible for these buildings to assess them for fire-safety risks within twelve months of the legislation coming into force.
Consistent FRAEWs
The bill will mandate a consistent approach for Fire Risk Assessments of External Walls (FRAEWs) and compel auditing (by Homes England) so FRAEWs are carried out properly.
A legal duty to remediate
With new duties to publish a plan within set timescales, and new sanctions (civil and criminal) for those who block remediation efforts. Local authorities, fire and rescue authorities, and the Building Safety Regulator will have a duty to enforce the legal duty to remediate.
Construction product manufacturers
The bill will make it easier for a claim to be brought against a manufacturer who has supplied unsafe construction products. It will also expand the pool of parties who can bring a claim, including to developers.
A backstop
In previous policy development the Government had considered a date by which all remediation would be required. That has not been pursued. Instead, the bill will introduce a last-resort backstop mechanism to allow a public authority to carry out remediation work themselves. Through remediation management orders, a tribunal may allow a relevant authority to take control of works and recover costs from the responsible party.
Tightening up the regime
There are also several provisions in the Bill that seek to close perceived gaps in existing law and improve the building safety regime, such as:
- changing the Building Safety Act 2022 so that, where a manager is appointed under a section 24 order, they can be treated as the Accountable Person for a higher-risk building where they meet the definition under the act;
- addressing a perceived gap in RPEEPs regulation by extending the legal duty to carry out the PCFRA to consider the risk within the flats of relevant residents, subject to their consent.
Jaclyn Mangaroo, Chief Communications Officer of The Property Institute, commented:
"The introduction of the Remediation Bill to Parliament is an important milestone in addressing the cladding crisis. Nine years after the Grenfell Tower tragedy, too many residents remain trapped in buildings with unresolved fire safety risks, and TPI welcomes measures aimed at accelerating progress and strengthening accountability.
The proposed legal duty to assess and remediate unsafe cladding, stronger enforcement powers and a remediation backstop all represent meaningful attempts to break the current cycle of delay. However, significant concerns remain.
While the Bill places new legal duties on building owners and responsible entities, developers signed up to the Developer Remediation Contract are exempt. Residents will rightly question why those responsible for the construction of affected buildings are not subject to the same legal obligations, timelines and consequences as others.
According to our data, developer-led remediation continues to progress too slowly, with only 10% of projects complete and nearly 60% still awaiting agreed scopes of work. The government must ensure the Responsible Actors Scheme has sufficient teeth to drive much faster delivery where commitments remain unmet.
We are also concerned that the Bill remains focused on external cladding and facades without providing a clear, funded route to identify and remediate historic internal fire safety defects, including compromised compartmentation and non-compliant fire doors. As a result, many residents continue to face uncertainty, unjust costs for interim safety measures and higher insurance premiums.
Ultimately, residents deserve a complete solution: every serious defect identified, every responsible party held to account and every unsafe building given a credible route to remediation. The Bill is a very welcome step forward, but Parliament should use its scrutiny of the legislation to close the remaining gaps."
Photo credit: Shutterstock / richardjohnson
