Government reaffirms Remediation Bill plans after King’s Speech

The Remediation Bill was included in the King’s Speech delivered by King Charles to set out the current administration’s legislative agenda for the next 12 months.

Under the proposals, brought in the wake of the Grenfell Tower tragedy, high-rise residential buildings in England and Wales identified as needing remediation of their external cladding would be required to have the work complete by 2029, with all residential buildings taller than 11 metres to be completed by 2031.

A separate programme is underway in Scotland.

Katherine Metcalfe, a fire safety expert with Pinsent Masons, explained the bill had originally been part of the government’s remediation acceleration plan, but its rollout had previously been delayed.

“The bill imposes severe penalties, including unlimited fines, on landlords who fail to remediate, aiming to protect leaseholders,” she added.

“Implementation has been delayed while the government consulted industry on the proposals, and in recognition of the delays to remediation being caused by the backlog in applications to the Building Safety Regulator.

“An updated draft bill is awaited and it is unclear what, if any, change we can expect from last year’s draft.”

The government said that, so far, only 35% of identified buildings have had cladding remediated since 2017, with regulators taking enforcement action at more than 800 buildings which have raised concerns.

The bill also promises to simplify statutory claims under the Building Safety Act 2022 to make it easier for developers and contractors who have paid for remediation work to pursue manufacturers. It would also boost regulatory powers to enable sanctions against companies that block remediation.

New mandatory measurements for assessing external walls will be implemented to ensure a consistent approach to remediation work, with a register of all medium-rise buildings in England to be compiled. The bill would also enable third parties – such as Homes England - to step in and carry out remediation work themselves to make sure remediation can be carried out if the responsible party has not done so, backed by cost recovery measures and the potential sale of their interest.

Lord Andrew Roe, chair of the Building Safety Regulator Board, said the bill would enable all residents in impacted buildings to be able to feel safer in their homes.

“The Remediation Bill will give us additional tools we need to compel reluctant landlords to take action to remediate their buildings and remove unsafe cladding, or face severe sanctions,” he added.