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Building Remediation

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  • The Government has published a guide for residents on the Building Safety Fund (BSF).

    The BSF provides funding to fix life safety fire risks associated with cladding in buildings over 18 metres high, and the new process guide outlines the main stages in the BSF process. It also provides indicative timeframes for each stage, from application to works completed. 

    Read the BSF guide which explains the process here

     

    • Building Remediation
    • Building Safety Fund (18m+)
  • Government has published two updates to the Cladding Safety scheme (formerly the Medium Rise scheme). The updates:

    Add information which states that FRAEWs must be provided by a Fire Risk Assessor from the Homes England accredited panel. 
    Amend the overview under Eligibility: building height, and social sector applicants: financial viability applications. 
    Make amendments to the paragraphs on Applying for funding for the Cladding Safety Scheme under Submission and funding decision on your full works application.
    For updated details on applying to this scheme click here. 

    • Building Remediation
  • The Responsible Actors Scheme, as detailed by the Department for Levelling Up, Housing, and Communities, will limit developers sanctioned under this scheme to building sites of fewer than 10 homes, barring them from major developments in England, it has been announced. 

    The scheme recognizes and acknowledges efforts made by responsible developers to rectify life-critical fire safety issues in residential blocks they developed or refurbished over the past 30 years, with those joining the scheme committing to remediating numerous buildings, with non-compliant developers facing planning and building control sanctions such as the one to ban developments over 10 homes. The guidelines outline requirements for prohibited developers, necessitating them to notify authorities about their status and limiting their ability to obtain planning permission and building control approval for major developments. Exceptions apply for certain situations, such as emergency repairs and critical infrastructure projects.

    For the DLUHC Responsible Actors Scheme guide, please click here.

    • Building Remediation
    • Responsible Actors Scheme
  • The Property Institute was one of a number of stakeholders who flagged what appeared to be a rather obvious error with section 119 of the Building Safety Act 2022. As agents will know, where a lease is extended, by operation of law the original lease is surrendered and a new lease is then granted. The original drafting of section 119 explained that a qualifying lease had to be held at the qualifying time, i.e. 14th February 2022. This meant that if a qualifying leaseholder extended their lease, that they surrendered their existing lease and were granted a new lease.  As the new lease will not have been granted before 14 February 2022, the statutory leaseholder protections in the Building Safety Act 2022 could not apply. 

    DLUHC proceeded to update their guidance, indicating that they were “..looking to legislate to resolve this issue as soon as Parliamentary time allows”.  We now have the legislation in the form of the Levelling-up and Regeneration Act 2023, which received Royal Assent on 26th October.

    Section 243 of the Levelling-up and Regeneration Act 2023 inserts a new section 119A into the Building Safety Act.  It introduces the concept of a “connected replacement lease”.  A connected replacement lease will also be a qualifying lease where the new lease replaces a qualifying lease.

    This new provision will have retrospective effect.  This means that any losses of qualifying status will be reversed.

    The new provision will come into force at the end of the period of two months beginning with the day on which the Act is passed (i.e. 26th December 2023).

    • Building Remediation
    • Leaseholder Protections
  • Homes England has updated its guidance on the Cladding Safety Scheme.

    The Cladding Safety Scheme (CSS) was formally announced under the previous name - Medium Rise Scheme (MRS) in November 2022. The CSS 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.

    The new scheme guidance includes: 

    • Driving the pace of remediation and enforcement
    • Developer Pledge
    • Consideration of leaseholders and residents throughout the remediation works
    • Keeping leaseholders and residents informed
    • Fund structure and administration
    • The Building Safety Act
    • Eligibility: Who can make an application to the CSS?
    • Eligibility: Summary
    • Social sector applicants
    • Social sector applicants: Financial viability applications
    • Eligibility: Type of building
    • Eligibility: Building height
    • Financial support available
    • What we will fund
    • What we will not fund
    • Proportionality and the introduction of PAS 9980:2022
    • Cost recovery

    Read the guidance here

    • Building Remediation
    • Cladding Safety Scheme (11m-18m)