Non-cladding remediation costs: summary
This page provides links to guidance related to non-cladding remediation costs.
Applies to England
Summary
1. 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 systems on the external walls of these buildings
2. The Building Safety Act 2022 changes the regulatory regime so that we can have confidence in the future about new buildings.
3. Due to the risks posed by these defects, remediation work can be necessary. In the most concerning cases, combustible balconies or walkways in a building may need to be replaced, or structural integrity reinforced.
4. In buildings below 11 metres, more proportionate remedies may be more appropriate, such as sprinkler systems or alarms. Building owners should follow the recommendations of a fire safety professional following an appropriate assessment (the definition of ‘Building Owner’ can be found in What are my building owner’s legal obligations?).
5. To ensure leaseholders are protected from the costs relating to remediation of other historical safety defects, the new protections in the Act protect qualifying leaseholders.
6. This page provides links to guidance related to non-cladding remediation costs.
Non-Cladding Remediation Costs
7. Non-cladding remediation is defined as work to remove or mitigate the effect of a relevant defect which is not a cladding defect, but which needs to be fixed to remove the building safety risk.
8. How the legal changes to non-cladding remediation costs affect your lease can be found here: How do these legal changes affect my lease?.
9. The conditions that set out whether costs can be legally passed on to you as a leaseholder can be found here: Remediation costs: what leaseholders do and do not have to pay.
10. If non-cladding remediation costs can legally be passed on to you, the maximum amount which can be charged to you can be found here: Leaseholder contribution caps.
11.If there is a shortfall between what can be passed onto you as the leaseholder and the total cost of remediation, then costs will be passed onto building owners. The way in which this will be done can be found here: Mandatory information required from leaseholders and building owners. The process for dividing costs between building owners can be found here: Splitting liability among building owners.