Building safety: Remediation Acceleration Plan

Earlier this week the government issued the Remediation Acceleration Plan foreshadowed by Angela Rayner at the Labour Party Conference in September.  

This provides us with an indication of how the government proposes to refresh its approach to remediation of unsafe buildings.

Some of the key points to note are: 

Legal duty

The government says it will legislate to "create a clear and legal duty on those responsible for buildings 11 metres or over to take the necessary steps to fix their buildings within clear timescales". The government says that there will be "significant financial consequences for inaction" and "a new criminal offence" for those that ultimately fail to do this. 

Cladding remediation works

Angela Rayner has written to those responsible for "building safety fund and cladding safety scheme buildings" which is broadly speaking residential buildings over 18 or 11 metres high (depending on the scheme) to say that it is expected that remediation work is expected to start on site as follows:

• Buildings over 18 metres by 31 March 2025
• Buildings over 11 metres as soon as possible in 2025

The aim of the government is that by the end of 2029 all buildings over 18 metres with unsafe cladding, where government funding is available, will have been remediated and that every building over 11 metres with unsafe cladding, where government funding is available, will have been remediated or have a date for completion by the end of 2029. Landlords failing to meet these deadlines will be liable to “severe penalties”.

The Building Safety Register 

To be expanded to include residential buildings over 11 metres (although no detailed definition has yet been provided, if this follows the existing register provisions, it could mean those buildings over 11 metres or 5 storeys with two or more residential units). Currently of course the register only applies to buildings over 18 metres or 7 storeys with two or more residential units.  

Building assessment

There are also plans to tighten rules around building assessments with the aim of identifying buildings with unsafe cladding which have, as yet, not been identified.

Disclosure of beneficial ownership

There will be powers to compel entities to disclose their beneficial ownership chains. The Building Safety Register will require information to be provided regarding beneficial ownership (it is not clear how, but probably as part of the registration process and/or when applying for a building assessment certificate).

Developers joint plan

The government has developed a joint plan with certain developers to accelerate remediation. See Joint plan to accelerate developer-led remediation and improve resident experience - GOV.UK. All those that signed the developer remediation contract have been invited to sign up to the joint plan and, so far, 29 have signed up. For details of who they are click here. Under the plan they have agreed to:

• Finish assessing all their buildings by end of July 2025 
• Start or complete remedial works on 80% of their buildings by July 2026
• Start or complete remedial works on all their buildings by July 2027
• Resolve all current cost-recovery negotiations with social housing providers by end of July 2025

Social housing

Support is to be provided to social housing providers to get buildings fixed. There are a number of initiatives in this respect.

Remediation programmes pipeline data

The government will publish pipeline data from major remediation programmes and will engage to monitor capacity and identify capacity issues and blockers. There is also the possibility of industry utilising the "inclusion of cladders in the Home Office Immigration Salary List to acquire visas for cladding resource". 

Residents and leaseholders

There is already a Code of Practice for Remediation of Residential Buildings. The government says it will strengthen the obligation to ensure that those responsible for remediation inform, consider and take reasonable steps to mitigate the impact on residents. The government has said that it will challenge those responsible to evidence compliance. There are other proposed protections including:

• A tell us tool to enable leaseholders and tenants to make Homes England aware of concerns that they have
• Proposals to introduce stronger protections for residents who are forced to leave their homes as a result of building safety concerns

Insolvent landlords

There will be a process of notifying regulators when landlords of buildings over 11+ metres become insolvent. It is not yet clear how this will work.

Construction products

The most egregious companies will be stopped from being awarded government contracts. Details of how this will work have not yet been provided. 

Insurance

• The government is to work with insurers to consider whether, for the duration of remediation programmes, government might support the industry ‘to reduce fire related liabilities in order to reduce the high insurance bills leaseholders are facing’. No details are available, but this could possibly be something similar to Pool Re Cover.
• There is also a new consultation document on how to ensure leaseholders are only charged a fair and transparent permitted insurance fee for work done in managing arranging insurance on their behalf. Click here for the consultation . 

Building Safety Levy

This will apply to all new residential buildings in England. It will come into effect in Autumn 2025. There will be some exceptions. It's not yet clear what these exceptions will be. We have been expecting this for a while, but this is the first time we have had an indication of when it will come into force. 

Waking Watch Replacement Fund

This has been extended until the end of March 2026.

Remediation contribution orders

The government is looking to make sure that funds recovered under Remediation Contribution Orders are used for the purposes intended and kept safe should the party holding the money become insolvent.

Recovery Strategy Unit

Additional funding is to be provided to the Recovery Strategy Unit (which the government says has already forced the owners of 10 buildings to remediate unsafe buildings within a fixed timescale).

Enforcement

Generally including a new remediation enforcement support fund for local authorities and fire and rescue authorities.

The government will provide an update in summer 2025.

To read more about building safety go to Mills & Reeve’s building safety page. 

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