RAAC risk calls for co-operation and action across the built environment

Helen Waddell of Pinsent Masons was commenting after the UK government said education providers should vacate and restrict access to spaces where RAAC is present, until such time as mitigation measures are put in place. The Department for Education (DfE) has issued guidance to help organisations identify the presence of RAAC in their buildings.

RAAC is a lightweight concrete that is cheaper and easier to install than ordinary concrete. It is thought to have been commonly used as a building material between the 1950s and 1990s. RAAC deteriorates over time and its structural integrity is also thought to be weakened by exposure to water. The expected lifespan of RAAC panels is around 30 years.

According to a study by Loughborough University, tens of thousands of RAAC panels are thought to be present in UK buildings, typically in flat roofs. The Standing Committee on Structural Safety in 2019 highlighted the risk that roofs featuring RAAC suddenly collapse, while the Health and Safety Executive has warned that RAAC is now “life-expired” and “liable to collapse with little or no notice”.

Data published by the DfE suggests that RAAC has been identified in 156 schools in England to-date, with mitigations already in place in respect of 52 of those schools and mitigations being put in place in the other 104 locations.

Waddell said that it is becoming clear that RAAC is present in many other buildings outside of the education setting.

“The material is likely to have been used in many other buildings built between the 1950s and 1990s in particular – from public buildings such as hospitals and courts, to, potentially, homes and commercial property too,” Waddell said. “There will be a growing focus on whether buildings featuring RAAC require remediation or rebuilding. In this context, it will be imperative for those involved in the built environment to work together and, as a first step, undertake some due diligence.”

The immediate priority where RAAC is identified should be to ensure that the building is made safe for continued occupation, said health and safety law expert Katherine Metcalfe of Pinsent Masons. She said the fabric of public buildings and commercial workplaces needs to be subject to a suitable and sufficient risk assessment, which identifies control measures to reduce the risk to a level which is as low as is reasonably practicable. Where new information about the risk profile of building materials comes to light, this triggers a requirement to review that risk assessment, Metcalfe highlighted.

“It will be important to ensure that competent, specialist, advice is obtained on the presence of RAAC, the condition of it, and what can be done in the short and longer term to mitigate that risk,” Metcalfe said. “The Health and Safety Executive (HSE) has issued very strong advice which needs to be factored in.”

Waddell said that, given the age of the buildings impacted, it may be challenging to obtain documentation detailing the building material specifications, therefore physical inspections will be required.

“Where RAAC is identified, it will then be important to understand whether there are any residual liabilities associated with its use,” Waddell said. “Given the age of the properties, it is likely that contractual limitation periods – usually six or 12 years – will have expired, but it is possible that causes of action may arise in the context of more recent refurbishment or maintenance works. Insurers may in turn need to be notified if appropriate.”

Metcalfe added: “If RAAC is found in residential property, it will also be important to consider the impact of the Building Safety Act. A much longer limitation period of 30 years applies, although the timing of the use of these products may mean that new leaseholder protections have limited effect. If the building is a higher-risk building, any substantial remedial work starting after 1 October 2023 will be overseen by the HSE as the new building safety regulator”.

Waddell said: “Understanding the extent of any work required is key. The industry will then need to consider contractual and funding arrangements that may arise in the context of mitigations, remedial works, or complete rebuilds.”