A few weeks back many of us had probably not even heard of reinforced autoclaved aerated concrete (RAAC). However, that has now changed because of the partial or complete closure of some 140 schools nationally, following safety concerns relating to RAAC.

Those concerns are also impacting other public buildings including hospitals and courts. RAAC is a cheap, lightweight alternative to traditional concrete mixes which was used in the construction or refurbishment of some public buildings (and perhaps more widely) during the 1950s to 1990s. It was commonly used in flat roof and panel structures, and typically in low to medium-rise buildings. Unfortunately, it is susceptible to structural failure over time and therefore may have a limited life. Whilst the risks of RAAC have been known for decades, it has only recently made the headlines following the collapse of a RAAC beam that was previously thought to be low-risk.

The full scale of the issue is currently unknown, including for the social housing sector. However, the Regulator of Social Housing wrote to RPs last week saying: ‘Our current understanding, based on engagement with sector advisers and stakeholders, is that RAAC is not widespread in social housing’. 

Nevertheless, now that the risk has been highlighted, it is of course, incumbent on the sector to identify and effectively manage any RAAC found in their buildings, as soon as possible.

Regulatory and statutory obligations for the sector

There are many regulatory and statutory obligations in the sector, requiring it to keep homes and other buildings safe. For example, the Home Standard provides various outcomes that must be achieved in terms of quality and safety. Those obligations will be even more onerous assuming that the new proposed safety and quality standard is introduced, further to the enactment of the Social Housing (Regulation) Act 2023. In addition, there are the statutory obligations under section three of the Health and Safety at Work Act 1974, to ensure so far as reasonably practicable the health and safety of those affected by operations. For a housing provider, this would include residents, and those in, visiting or passing by its properties. For any higher risk buildings (HRBs) there are also all the ongoing requirements under the Building Safety Act 2022 (BSA) to ensure fire and structural safety; responsibility for the costs of rectifying historical building safety defects in ‘relevant buildings’, such as putting right unsafe installations of RAAC, is also dealt with under the BSA. The BSA applies to taller buildings over certain height thresholds, which may be less likely to have RAAC present, although this would need to be investigated to be certain.

What steps should social landlords be taking?

Social housing providers will want to identify whether any of their homes and other buildings contain RAAC and if so, assess the risk to safety arising from this. Identifying RAAC is not necessarily straightforward and RPs will want to consider the guidance that is already available, for example from the Institute of Structural Engineers and also DfE guidance. Steps will include working out how to prioritise inspections and manage any risks identified. It may be necessary to seek appropriate support from construction professionals with experience in RAAC. Consideration should also be given to providing appropriate reassurance to residents.

If an RP identifies any material non-compliance, it should make a report to the Regulator of social housing.

What if RAAC is found and needs to be replaced at a considerable cost?

If RAAC is found and needs to be replaced and this incurs substantial cost, advice should be taken on whether those costs can be recovered from third parties. Under the BSA, limitation dates were extended for older properties that qualify as ‘relevant buildings’, to enable owners to make claims under the Defective Premises Act for a period of 30 years. It is therefore worth taking some initial advice about whether this may be possible. In addition, insurance policies should be inspected to see if organisations have any relevant insurance in place that may assist in the recovery of costs.

For more information

It is early days as the sector works through this issue. Please contact Andrew Lancaster if you would like to discuss your own situation or if we can assist you in any way.