Lessons from Grenfell: Enforcing the Remediation of Unsafe Cladding

The Government’s Remediation Acceleration Plan sets out the steps it will take to address the pace, which it describes as “far too slow”, of remediating qualifying buildings in England with unsafe cladding. The steps will include the increased use of enforcement.

The government’s objectives

The Plan is designed to address the government’s objectives of speeding up remediation, identifying buildings which require remediation, and supporting residents. 

The pace of remediation may accelerate with the measures described above given the additional support for regulators in identifying and tackling those who fail to remediate unsafe cladding. 

The government’s funding will, it is said, “enable local authorities to double enforcement activity” and a new remediation enforcement support fund for local authorities and fire and rescue authorities will be launched to provide funds for specific legal advice to be obtained when these authorities take action against those failing to undertake remediation when they should. Recognising that the BSR will face further challenges should remediation accelerate, the government says it will ensure it has the capacity it will require.

While regulators will continue to play a leading part in local enforcement activities, the government will support leaseholders and residents by continuing to take action directly against landlords who fail to remediate unsafe homes.

The registration of 11-18m residential buildings and the planned changes to building assessments rules should result in all buildings of 11m and over which require remediation being identified. The government estimates that by April 2025, 200,000 records of buildings at the highest risk will have been assessed and landlords will then be contacted and supported in having their building assessed and in joining remediation schemes. Leaseholders will also be able to raise concerns with Homes England who will investigate and ultimately refer to regulators if enforcement action is required.

The government plans to place residents’ needs at the heart of remediation with challenges to those undertaking remediation to show adherence to the Code of Practice for the Remediation of Residential Buildings and the continuation of the HSE’s programme of sample inspections of cladding remediation projects which has previously led to enforcement action, including prosecution.

Avoiding enforcement action

Those responsible for buildings which have been identified as having unsafe cladding will have received a letter from the Deputy Prime Minister, Angela Rayner, so will be aware that they should take steps to avoid enforcement action being taken against them.  Actions include: 

• if you are responsible for buildings which are already in a remediation works funding programme, you may face action if you fail to make swift progress
• those responsible for remediating high rise residential buildings clad with Aluminium Composite Material should start remediation works on site by the end of March 2025 or face legal action by the RSU
• remediation works on high rise residential buildings with other unsafe cladding should start as soon as possible in 2025 or those responsible may face action to recover remediation costs
•  if you are responsible for 11m+ buildings with unsafe cladding you should plan and prepare for remediation as soon as possible, including setting timescales for the works, given the government’s proposals for new legislation to ensure such buildings are made safe.

Comment

The government clearly sees enforcement action as a key part of the Plan to increase the pace of remediation, referring to the enforcement already taken by over 50 local authorities regarding 483 buildings over 11m with unsafe cladding and stating “We will do more to force irresponsible landlords to meet their responsibilities…… “. 

The measures proposed in the Plan are designed to send a message to building owners, developers and landlords that failure to act on unsafe cladding may result in enforcement action. 

With the introduction of new criminal offences and financial repercussions, those who neglect their responsibilities will face significant consequences. 
However, the government does recognise “that progress on some buildings can be delayed due to reasons outside a developer’s control. We will play our part by helping developers who are doing the right thing to overcome such barriers”.  

We hope that enforcing authorities will also recognise the challenges faced by many of those responsible for remediation, including delays caused by applications for funding or building control Gateway 2 delays and agreeing a scope of remedial works, particularly where there are a range of opinions, when considering enforcement.   

As further measures to support enforcement are introduced, those responsible for buildings which may require remediation should take immediate action to ensure the safety of residents, the integrity of their properties and to avoid enforcement action and reputational damage. 

And finally….

We will review and comment upon the government’s update planned for Summer 2025, which will report on progress and outline what further steps it thinks are necessary to achieve its objectives.