Definition of non-cladding remediation
This guidance provides an overview of non-cladding remediation and how this definition will impact you in practice.
Applies to England
Summary
1. This guidance provides an overview of non-cladding remediation and how this definition will impact you in practise.
2. It has become clear that many residential blocks of flats have serious historical fire safety defects associated with their original construction or a subsequent refurbishment. Most notably, this has included the use of unsafe cladding on the external walls of these buildings.
3. The new leaseholder protections in the Building Safety Act 2022 protect qualifying leaseholders from unfair non-cladding remediation costs.
What is non-cladding remediation?
4. Non-cladding remediation is where work is undertaken to fix a relevant defect, which is not an unsafe cladding system defect.
5. Examples of non-cladding remediation include:
a. replacing inappropriate fire doors
b. fixing missing compartmentation, which limits how easily fire can spread through a building
c. replacing combustible walkways or balconies
d. reinforcing low-strength concrete beams to improve structural integrity
e. fixing any other defect in scope of the relevant defect definition that is not a defect of the cladding system
How will this affect you, the leaseholder?
6. Developers and building owners will now be the first port of call to pay for non-cladding historical safety defects.
7. Your building owner will be prevented from passing any remediation costs associated with non-cladding defects (and interim measures such as waking watch) onto you where they are – or are associated with – the developer. If you are a qualifying leaseholder, your landlord will also not be able to pass on costs if they meet the contribution condition or where the property is below a certain value. Where these conditions are not met, costs for non-cladding defects and associated interim measures will be shared between the leaseholder and landlords. If you are a qualifying leaseholder, those costs will be firmly capped and spread over 10 years.
Examples
Example 1:
- You have a qualifying lease in a relevant building.
- The fire doors in your building have been improperly installed, pose a fire risk, and need to be replaced.
- The fire doors do not form part of the external wall cladding system and so qualify as a non-cladding defect.
- Your building owner is not associated with the developer, but your landlord’s group net wealth exceeds £2 million per relevant building owned (the contribution condition).
- Your landlord will not be able to pass on any costs of remediating the non-cladding defect to you.
Example 2:
- You have a qualifying lease in a relevant building.
- The structural integrity of your concrete beams is compromised and need to be reinforced.
- The concrete beams do not form part of the external wall cladding system and so qualify as a non-cladding defect.
- Your building owner is associated with the developer, so is not able to pass on any costs of remediating the non-cladding defect to you.
Example 3:
- You have a qualifying lease in a relevant building.
- The wooden balconies in your building are combustible and need to be replaced.
- Your building owner is not associated with the developer and your landlord’s group net wealth does not exceed £2 million per building.
- Your building owner may be able to pass on some of the costs of remediating the non-cladding defect to you, depending on the value of your flat.
- Where these costs can be shared, they will be capped for the majority of leaseholders at £10,000 (£15,000 in Greater London) and spread over 10 years, with costs already paid since 28 June 2017 deducted from your remediation cap.