This page contains links to guidance from the UK government on cladding and building safety issues:
HSE Building Safety pages including information on the Building Safety Regulator, guidance for building control bodies and guidance on managing a high-rise residential building as follows:
- Safety in high-rise residential buildings: Accountable Persons
- Applying to register a high-rise residential building
- Preparing a resident engagement strategy
- Responsibilities of accountable persons for a building safety case on a high-rise residential building
- Principal accountable person and responsibilities for preparing a safety case report
- Remediation enforcement – DLUHC, BSR, LGA and NFCC have issued a Joint statement on enforcing the remediation of fire safety defects. The BSR will start enforcing building safety in 18m+ buildings from spring 2024.
- Second staircases in buildings over 18m - 24 July speech by Secretary of State for DLUHC about Long-term plan for housing confirmed DLUHC’s intention to mandate second staircases in new residential buildings above 18m.
- Cladding Safety Scheme (the CSS, formerly the pilot Medium Rise Scheme – see below) will “meet the cost of addressing life safety fire risks associated with cladding on residential buildings over 11m in height (11-18m in London)”. The GLA will continue to operate the Building Safety Fund for buildings over 18m in height in the Greater London Area. Webpage published 25 July 2023 outlining routes available to leaseholders to fix unsafe cladding - Funding to fix unsafe cladding, and leaseholder guidance on the CSS also published.
- Key Building Information - BSR bulletin issued 3 July 2023 states that “All registration applications and KBI must be completed on the portal by 1 October 2023.”
- Responsible Actors Scheme launched 24 July 2023. DLUHC Guidance and webpage with enrolment guide, members list and prohibitions list– eligible developers who fail to remediate will be prohibited from carrying out major development and gaining building control sign-off in England. DLUHC guidance on the RAS emphasises that the Developer remediation contract is at the heart of the scheme. DLUHC Press release dated 30 January 2023 indicated that developers had been given 6 weeks to sign the developer remediation contract, and legislation would be brought forward granting powers to prevent developers from operating freely in the housing market if they failed to sign and comply. (see The Building Safety (Responsible Actors Scheme and Prohibitions) Regulations 2023)
- DLUHC guidance on mandatory information from building owners and leaseholders. Landlord’s certificate demonstrates (i) whether the landlord or building owner’s group meet the contribution condition, and whether the building owner or any Superior Landlord at the time was associated with the developer of the building. It must be provided eg if the landlord wants to pass any remediation costs on to leaseholders.
- Medium Rise Buildings (11-18m) pilot scheme launched 20 November 2022 with leaseholder guidance – funding for the remediation or mitigation of the fire safety risks linked to unsafe external wall systems on medium-rise buildings where a responsible developer cannot be identified.
- DLUHC guidance published 26 September 2022 on how professionals carrying out fire-risk assessments for EWS1 forms can apply for the state backed PII scheme: EWS1 PII Scheme: How to apply.
- The government has published explanatory notes on the Building Safety Act 2022, providing commentary on each provision.
- DLHUC circular letter dated 23 August 2023, drawing attention to concerns that designs for very tall residential buildings with single staircases are still being designed using the Approved Documents.
- On 23 August DLUHC published FAQs on Approved Document B including 2020 and 2022 amendments.
- UK Government guidance for leaseholders published 21 July 2022:
- Making sure remediation work is done: The Building Safety Act 2022 created legal protections for leaseholders from historical building safety costs.
- What are my building owner’s legal obligations?: This guidance outlines the obligations that the leaseholder protections in the Act place onto building owners.
- What if my building owner is insolvent?: Guidance on remediation contribution orders if your building owner becomes insolvent.
- Splitting liability among building owners: This guidance outlines the method of splitting costs in situations where the costs of remediation are greater than the total amount which can be passed onto to qualifying and non-qualifying leaseholders.
- How will cladding costs be paid for?: Guidance on the government's plan for the removal of an unsafe cladding system on all buildings over 11 metres.
- Mandatory information required from leaseholders and building owners: This guidance explains the information required to complete the leaseholder deed of certificate, and what information your building owner must provide in the landlord’s certificate.
- Leaseholder contribution caps: This guidance provides an overview of what the contribution caps for qualifying leaseholders’ non-cladding remediation are and how these will work in practice.
- Remediation costs: what leaseholders do and do not have to pay: This guidance sets out further information about what you, the leaseholder, do and do not have to pay for remediating a building safety defect via your service charge.
- Definition of non-cladding remediation: This guidance provides an overview of non-cladding remediation and how this definition will impact you in practice.
- Non-cladding remediation costs: summary: This page provides links to guidance related to non-cladding remediation costs
- Cladding remediation: This guidance provides an overview of cladding remediation and how this definition will impact you in practice.
- How do these legal changes affect my lease?: The leaseholder protections affectexisting leases that qualify under the leaseholder protection provisions in the Building Safety Act 2022.
- Qualifying date, qualifying lease and extent: This guidance clarifies the extent (or location) to which the leaseholder protections apply. It also explains what is meant by qualifying date and qualifying lease.
- Definition of ‘relevant defect': This guidance summarises the types of defects to which the leaseholder protections in the Building Safety Act 2022 apply.
- Definition of ‘relevant building’: the leaseholder protections in the Building Safety Act 2022 only apply to “relevant buildings.” This guidance explains what is meant by that term.
- Building safety leaseholder protections: guidance for leaseholders: This guidance provides leaseholders with a plain English explanation of the implications of the leaseholder protections in the Building Safety Act 2022.
- Page containing Health and Safety Executive: factsheets, with information about the Building safety Regulator.
- Amended guidance re Construction Products Regulation in Great Britain.
- 31 January 2022: the Government has withdrawn the January 2020 Consolidated Advice Note on external wall fire safety. It is superseded by voluntary guidance produced by the BSI (“PAS9980:2022, Fire risk appraisal of external wall construction and cladding of existing blocks of flats – Code of practice”) which was formally published on 12 January and came into effect on 31 January.
- Information page and application guidance relating to the Building Safety Fund for the remediation of unsafe non-ACM cladding systems
- 20 January 2020: MHCLG Consolidated safety advice for building owners (including fire doors), superseding previous advice notes.
- 15 July 2020: circular letter highlighting revised Building Regulations and Fire Safety Procedural Guidance
- 1 November 2020: Supplementary Note to MHCLG advice for building owners.
- 21 November 2020: MHCLG press release to clarify EWS1 process: Government steps in to help homeowners caught up in 'EWS1' process - GOV.UK (www.gov.uk)
- January 2021: Waking Watch Relief Fund application guidance for first tranche of applications (31 January to 14 March 2021): Waking Watch Relief Fund - GOV.UK (www.gov.uk)
- May 2021: updated guidance and application details for second tranche of applications (26 May to 24 June 2021) to Waking Watch Relief Fund - GOV.UK (www.gov.uk)
- 21 July 2021: Independent Expert Statement on Building Safety in medium and lower rise block of flats and government response by Ministerial Statement, confirming that EWS1 forms not required in buildings under 18 Metres - see Press release
This document (and any information accessed through links in this document) is provided for information purposes only and does not constitute legal advice. Professional legal advice should be obtained before taking or refraining from any action as a result of the contents of this document.
