1. Government's Remediation Acceleration Plan

On 2 December 2024, there was flurry of activity after the Government released its Remediation Acceleration Plan.

Following the publication of the Grenfell Phase 2 Enquiry and the National Audit Office's Report on cladding fire-safety remediation works (see our articles on these topics here and here), the Government has set out what it calls an "ambitious" plan to ensure that all cladding remediation on (i) 18m+ buildings is completed by the end of 2029; and (ii) 11m+ buildings has either completed or in-progress by 2029.

The Plan recognises that there are a number of barriers to making buildings safe including access to access to funding, the supply chain of skilled professionals able to meet demands and constrained regulator capacity.

Notwithstanding this, the Government expects all cladding remediation to be either completed or in progress by 2029.

Legislation is promised to create a clear and legal duty on those responsible for 11m+ buildings to take necessary steps to remediate their buildings within clear timescales. This will be supported by "…significant financial consequences for inaction and a new criminal offence for those who ultimately fail to remove unsafe cladding…".

2. Joint plan to accelerate developer-led remediation

On 2 December 2024, the joint plan to accelerate developer-led remediation was published alongside the Government's broader Remediation Acceleration Plan.

The Government welcomes the commitment that 54 developers made in signing the developer remediation contract and recognises the progress made by many developers. This joint plan reflects that and seeks to build on it with some joint commitments, including:

• To accelerate determinations of which buildings require remedial works – developers to commit to completing said determinations by the end of 2025. The government commits to work with developers to resolve third party disputes, to publish dispute-resolution guidance, and to support work on template license agreements.

• To improve quality of assessments used to determine whether buildings require remedial works – developers commit to use independent, competent assessors to undertake all assessments of buildings. The government commits to commission sufficient audits of building assessments.

• To accelerate starts and completions of remediation works: developers commit to start works on at least 80% of their buildings requiring works by end July 2026, and 100% by end July 2027. Government commits to work with developers and the Building Safety Regulator to minimise avoidable delays and to intensify pressure on any third party that unreasonably blocks progress.

3. Amendments to s123 & s124 of Building Safety Act 2022 – Remediation Orders and Remediation Contribution Orders

The last of the amendments to the Building Safety Act 2022 introduced by the Freehold and Leasehold Reform Act 2024 came into force on 31 October 2024.

The Government has updated their guidance with the measures that came into force on 31 October 2024, which include:

• Relevant steps – amendments to ss 123 – 124 mean that ‘relevant steps’ or ‘interim measures’ towards remediation can be included in Remediation Orders (ROs) and Remediation Contribution Orders (RCOs).
• Expert reports – amendments to s123 mean the Tribunal now has the power to order a relevant landlord provide or produce expert reports in RO proceedings to establish the extent of the defects and the works required.
• Recovery of costs – amendments to s124 make clear that the following costs can become the subject of a RCO: (i) costs incurred in taking relevant steps toward remediation, (ii) costs related to obtaining an expert report, and (iii) associated costs of alternative accommodation when residents are decanted from relevant buildings on building safety grounds.

4. MHCLG guidance following Tribunal's decision regarding roof-top gardens

The First-Tier Tribunal decision in Smoke House & Curing House, 18 Remus Road, E3 2NF LON/00BG/HYI/2023/0024 (published on 4 October 2024) stated that roof gardens should be classified as a storey when determining whether a building meets the height and storey criteria under the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023.

On 18 October 2024, The Ministry of Housing, Communities and Local Government ("MHCLG") and the Building Safety Regulator published a joint statement confirming that they were considering the views of the Tribunal expressed in Smoke House, but in the meantime, the sector and regulatory bodies should continue to refer to existing government guidance.

In the Statement, it was recognised that the views expressed by the Tribunal may have created some uncertainty within the sector. At the time of writing, no further update / statement have been published by MHCLG.

DAC Beachcroft has a dedicated building safety team with extensive experience advising all stakeholders on how best to prepare for, manage and mitigate the implications of the Building Safety Act and associated legislation. As well as proactive advice on how the legislation affects commercial interests, we help our clients navigate the risks in procurement and contract management, legacy claims, extended exposures under the Act, construction products, commercial disputes and insurance issues. We also offer bespoke training on how the Building Safety Act impacts across the industry.