Gemma Whittaker
Partner
Article
On 2 December 2024, the Ministry of Housing, Communities & Local Government (MHCLG) published its "Remediation Acceleration Plan" (the Plan). This articulates its intended approach for tackling the slow pace of remediation of buildings with unsafe cladding in England.
The Plan sets out the Government's aim that, by the end of 2029:
In the same week, MHCLG also announced a fundamental review of how building regulations guidance – also known as "Approved Documents" (ADs) – is produced, updated and communicated to the construction industry.
We examine some of the key points arising out of these developments and consider their implications for the construction industry below.
The Plan follows the Government response to the National Audit Office (NAO) report on dangerous cladding[1] published in November 2024 (which we explored in our previous insight - Cladding and fire safety risks: new report highlights slow pace of remediation), in which it committed to take action to speed up remediation.
The three key objectives set out in the Plan are to:
The Plan notes that while progress has been made in remediating the most unsafe buildings, it is unacceptable that seven years after the Grenfell tragedy, many of those who are responsible for remediating their buildings are yet to do so. In particular, it notes that "32% of buildings we were aware of in 2020 that were eligible for remediation…are still yet to start remediation".
The key actions set out in the Plan to achieve this first objective include:
The Plan notes that there is a gap in knowledge in relation to residential buildings between 11-18m in height. These are not currently classed as "higher-risk buildings" (HRBs), which are defined as buildings over 18 metres in height or with at least seven storeys, and with at least two residential units.
Accordingly, unlike HRBs which are subject to mandatory registration with the Building Safety Regulator (BSR) under the Building Safety Act 2022 (BSA) – and with criminal penalties for failure to register – many 11-18m tall buildings remain unidentified. On current estimates, the Plan notes that there are between 4000-7000 buildings at least 11 metres in height with unsafe cladding in England that are yet to be identified.
In order to address this issue, and implementing one of the recommendations from the recent NAO Report, the Plan proposes further new legislation which will:
This will have significant implications for developers, owners, landlords and residents of buildings between 11-18 metres in height. While the proposals seem to be limited to requiring registration of these buildings, it remains to be seen when the draft legislation is published whether any of the ongoing safety management and reporting requirements in respect of HRBs will also apply to 11-18m buildings.
The Plan sets out a multi-pronged approach to achieving this third objective, including:
The Plan also confirms the intention for the Building Safety Levy to come into effect in Autumn 2025 (which was foreshadowed in the NAO Report). It confirms some of the details set out in the most recent consultation on the levy[2], including that:
Further operational details of the levy remain unclear at this stage, such as how the levy will be calculated, whether there will be any grace period, and which developments will be in scope and which will be exempt. The consultation envisaged various proposed exclusions such as affordable homes, small developments of under 10 units, NHS hospitals, medical centres and GP practices, as well as supported housing, residential care homes, refuges, criminal justice accommodation and military establishments. Whether the Build to Rent, purpose-built student accommodation and senior housing sectors will be in or out of scope of the levy remains to be seen when further details emerge in 2025.
In a recent Commons debate on the Grenfell Tower Inquiry phase 2 report (which we reported on in our insight regarding the Grenfell Phase 2 Report), it was announced that the BSR will be undertaking a fundamental review of the Approved Documents (ADs). This is in response to criticisms of the ADs in both Dame Judith Hackitt's 2018 Independent Review of Building Regulations and Fire Safety (which called them "complex, ambiguous and not user-friendly") and the Grenfell Phase 2 Report.
There is currently limited detail on what this review will comprise save that the BSR will establish a review panel in early 2025. We will be monitoring further developments in this area.
The industry has spent the last two and a half years familiarising itself with, and adjusting to, the BSA – which was arguably the biggest legislative change to building safety regulation in a generation.
However, both the Remediation Acceleration Plan, and the review of building regulations guidance that the BSR is to undertake, indicate that further change, and new legislation, should be expected in 2025.
Our leading Building Safety team, which advises on a myriad of issues relating to building safety and has expertise drawn from a specialist cross-discipline team, continues to monitor developments in this area and advise our clients on the impacts for their business.
If you have any questions about the issues raised in this article, please get in touch with Gemma Whittaker, Sean Garbutt or Emma Knight.
Footnotes
[1] National Audit Office - Dangerous cladding: the government's remediation portfolio
[2] Building Safety Act 2022: second consultation launched on expanded Building Safety LevyNOT LEGAL ADVICE. Information made available on this website in any form is for information purposes only. It is not, and should not be taken as, legal advice. You should not rely on, or take or fail to take any action based upon this information. Never disregard professional legal advice or delay in seeking legal advice because of something you have read on this website. Gowling WLG professionals will be pleased to discuss resolutions to specific legal concerns you may have.