Landlords who own flats in blocks with unsafe cladding have been given an assurance that developers must meet repair deadlines next year following the publication of the government’s Remediation Acceleration Plan (RAP).
Housing Secretary Angela Rayner (main image, inset) has told those responsible for building safety fund and cladding safety scheme buildings that works are expected to start by 31st March for buildings over 18 metres, and as soon as possible in 2025 for buildings over 11 metres.
By the end of 2029, all buildings over 18 metres with unsafe cladding - where government funding is available - will have been remediated and every building over 11 metres with unsafe cladding will have been remediated or have a date for completion.
Harriet Atkin (pictured) a partner at law firm Clarke Willmott LLP, encourages building owners to immediately push forward with remediation claims against developers. She explains that while the scope of fire safety defects covered within the RAP may not be clear, owners should assume the widest interpretation, so they are not caught out and subject to penalties.
“There is a balancing act required between the legal obligations to mitigate and pursue culpable parties, and the regulatory and statutory obligations placed upon landlords,” she says. “However, the RAP is a reminder that inaction is unacceptable.”
Property owners need to consider if they are eligible for funding on all their developments, including the Building Safety Fund and Cladding Safety Scheme, as well as the Waking Watch Replacement Fund, which is now being extended until March 2026.
They should identify and register all developments with unsafe cladding, says Atkin, while ensuring they comply with the Code of Practice for the Remediation of Residential Buildings, to inform, consider and take reasonable steps to mitigate the impact on residents.
However, the RAP does not explain how remediation will be funded by those whose buildings are not eligible for government funding and where the original contractors at fault are uncooperative.(main
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