You may be aware that on 2 December 2024, the Ministry of Housing, Communities and Local Government (MHCLG) published a Remediation Acceleration Plan (the plan) designed to set a clear path to achieve faster cladding remediation. 

The plan has three objectives:

1. To fix buildings faster;
2. To identify all buildings with unsafe cladding; and 
3. To support residents through the remediation process. 

To achieve those objectives, the plan contains a number of initiatives and proposed future steps:

1. Fix buildings faster

The plan proposes that those responsible for mid-rise (11m-18m) and high-rise (18m+) buildings are legally required to carry out remediation works within clear timescales, with the imposition of a new criminal offence if this is not done.

Moreover, the plan includes provisions designed to facilitate the greater enforcement of remediation works by local and fire and rescue authorities. One such example is the launch of a remediation enforcement support fund, which will help regulators pursue those responsible for fixing unsafe buildings by providing dedicated funding for specific cases. 

Additionally, the plan announces the publication of a joint plan for developer-led remediation. The joint plan was led by Angela Rayner, Deputy Prime Minister, and Secretary of State for Housing, Communities and Local Government, alongside 14 major developers and builds on commitments made by developers under the developer remediation contract.

Disappointingly, however, the plan contains limited proposals in respect of social housing. Instead, the MHCLG has committed to publish a long-term strategy for social housing remediation in Spring 2025. 

2. Identify all buildings with unsafe cladding 

The most notable provision in respect of this objective is the proposal to introduce new legislation requiring the registration of mid-rise residential buildings (in addition to the existing registration requirements for high-rise buildings). 

If implemented, this would result in a register of all residential buildings 11m+, making it easier and faster to identify buildings needing repair. The plan proposes the imposition of ‘the strongest possible penalties’ for those who do not comply with the requirements.

3. Support residents

In order to support residents throughout the remediation process, the MHCLG commits to directly engage with affected residents, working with the Health and Safety Executive to mitigate risks resulting from remediation works, and considering financial support to reduce the extreme building insurance costs now faced by some leaseholders.

The plan also confirms that the proposed Building Safety Levy, intended to raise funds to remediate building safety defects rather than the costs being met solely from the public purse, will be charged on all new (non-exempt) residential buildings in England which require building control approval. (It is proposed that certain buildings will be exempt from the Building Safety Levy, including affordable homes, supported housing and residential care homes). It is intended that the levy will come into effect in Autumn 2025.

Outcome

All landlords must prepare to register their mid-rise buildings when these plans are put into effect. They must also be aware that local authorities and fire and rescue authorities will be able to take action more quickly with respect to building safety defects at more buildings, as a result of the additional funding that has been made available to them.

Social landlords will be disappointed that the Government has delayed any policy change regarding access to the Cladding Safety Scheme for mid-rise buildings, given that they are unable to apply unless either (i) the cost would otherwise be borne by leaseholders (of no or limited use in fully/mostly tenanted buildings) or (ii) the social landlord is at risk of insolvency.

In the meantime, until such a change, many social landlords continue to face difficult choices where remediating unsafe buildings has to take precedence. Some landlords have taken the difficult decision to sell existing stock to make the sums add up. This runs counter to the need for a far greater supply of social housing in England, now very well-known generally, and acknowledged by the Labour Government. Roll on the Spring…