Remediation of dangerous cladding. Progress Report.

By: Phil Ainley

December 18, 2024

The Labour government’s promise to remediate all dangerous cladding by 2029 via its Remediation Acceleration Plan, is a bold one based on the current available data.

The Government states that it will be working closely with developers to accelerate remediation works and achieve its target. Every building above 11 metres in height will either have a date for completion or will have already been remediated. If either of these two criteria have not been met, then the landlord responsible will be liable for penalties by the same date.

 

Let’s reiterate the three key objectives as outlined in the Remediation Acceleration Plan.

  1. Fix buildings faster, with deadlines and penalties for non-compliance.
  2. Identify all buildings with unsafe cladding and create a building register.
  3. Protect residents from the cost of remediation.

 

As members of The Property Institute (TPI), we have access to the TPI’s remediation report and the concerns raised in relation to the slow pace of the remediation of dangerous cladding across the UK.

TPI’s mission is to raise the standards in residential building management to improve the lives of millions of residents and tenants. The organisation actively supports its members to continually improve building management standards through their work and via ongoing professional development. This helps to ensure that people’s homes are managed competently, safely, and ethically.

Dangerous cladding remediation

An urgent need for stricter building safety measures

The aftermath of the Grenfell Tower tragedy of 2017 revealed an urgent need for an overhaul of the building sector and more comprehensive safety measures to be put in place to prevent a similar future tragedy. To date – despite a new regulatory regime being put in place – the response has widely been viewed as disjointed, mired in complexity and bureaucracy, and slow.

As a result, there are still some 3,398 buildings – that have been identified as unsafe – that are still to be remediated. Therefore, 70% of the initial 4,834 residential buildings that were originally identified as having unsafe cladding, are still deemed unsafe a full seven years after the Grenfell Tower tragedy.

In seven years, only 1,436 have had remediation work carried out. Yet, the government aims to remediate the remaining 3,398 unsafe buildings within only five years. This highlights the scale of the task the government has set itself by its own 2029 deadline.

 

What is the dangerous cladding situation at the end of 2024?

The three government funding schemes put in place to support the regulatory changes have experienced challenges. While the Developer Pledge, which operates under the ‘polluter pays’ principle is complex and lacks urgency.

On top of these points, according to TPI the Leaseholder Protection provisions under the Building Safety Act 2022, do not in fact protect all leaseholders from all remediation costs, despite the previous (Conservative) government stating that ‘leaseholders must not pay.’

 

Slow remediation process causes significant frustration for residents

The slow and complex nature of the remediation process has caused significant frustration for residents.

Concerns regarding fire safety and rising insurance premiums; challenges to the works needed; and additional costs to cover any interim safety measures that have had to be put in place. Each of which have placed added worry on residents.

Further challenges have been created by moving buildings from one funding scheme to another. Remediation projects were moved from the BSF to pledged developers under the Developer Remediation Contract (DRC). In 2024, more projects have been moved out of the BSF into the CSS. Moving a project causes additional challenges of weeks and even months.

To cap it off, there have also been reports of challenges in building control approval. This has meant some projects have needed to be re-quoted, which has caused further challenges.

 

What solutions are needed to rectify the remediation problem?

TPI says the focus must shift from debating who is financially responsible to ensuring the remediation work is carried out swiftly. This will help to protect residents who are at risk and restore some confidence in the building safety standards.

TPI also proposes six solutions to achieve this:

  1. Standardise the contracts for access and surveys – The contracts should clarify access rights, include penalties for delays, provide provisions for fast-tracked approvals and access to emergency remediation services.
  2. A backstop mechanism for Pledged Developers – A mechanism to include automatic reversion to a government fund with the developer remaining liable for all associated costs. It should also include financial penalties or legal procedures against developers who miss deadlines. It should also require the developer to submit progress reports for transparency and compliance.
  3. Consolidation and enhanced scope of funding schemes – Merge the BSF and CSS into one funding scheme for rectifying external and internal fire safety defects, with a unified partner and an online digital portal.
  4. Establishment of a Risk Mitigation Fund – A separate fund dedicated to support temporary risk mitigation measures.
  5. Introduction of a Publicly Available Specification (PAS) for internal remediation works – Grant Accountable Persons (APs) and Principal Accountable Persons (PAPs) better authority and resources to oversee remediation work. By establishing a direct regulatory connection between the Building Safety Act 2022 (BSA) and the remediation process, The APs and PAPs would have a more formal role in the remediation efforts.
  6. Empowerment of Accountable and Principal Accountable Persons – To improve the process of addressing fire safety issues in high-rise buildings, leading to more effective remediation, enhanced safety, and more accountability.

 

Our thanks are extended to TPI for their December update and their ongoing commitment to building safety.

 

Premier Estates provide award-wining property management services across the UK. If you would like to speak to one of our team about managing your property portfolio, please call 0345 491 8899.

 

Sources: Public Accounts Committee Enquiry – The Remediation of Dangerous Cladding, 2 December 2024.