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Remediating cladding on blocks of flats under 11 metres

The Building Safety Act 2022 (BSA) and other legislation have changed how historic fire safety defects, including some types of cladding on buildings, are dealt with in England.  

This article explains how and why buildings under 11 metres in height are treated differently to buildings over 11 metres in height and what leaseholders can do if they have concerns. 

Building height

Building height is relevant when managing fire safety defects. Buildings in these categories may be treated differently when assessing fire safety and paying for works:  

• buildings that are 18 metres and higher or have at least seven storeys
• buildings that are 11 metres and higher or have at least five storeys
• buildings under 11 metres

Over 18 metres 

The BSA introduced the concept of ‘higher-risk’ buildings. These are buildings that: 

• are at least 18 metres in height or have at least seven storeys, and
• contain at least two residential units (such as flats).

Fire safety and building works in higher-risk buildings are regulated more stringently. For further information, see the Commons Library research briefing Building regulations and safety. 

Over 11 metres 

The BSA introduced leaseholder protections to help avoid the costs of fixing certain fire and structural safety defects (remediation) being passed on to qualifying leaseholders. These protections apply to buildings that: 

• are at least 11 metres in height or have at least five storeys,
• contain at least two dwellings, and
• are not a leaseholder-owned buildings.

The BSA also introduced remediation orders and remediation contribution orders, which can be used by the First-tier Tribunal (Property Chamber) to compel building owners to fix their buildings and make landlords, freeholders or developers pay to fix safety defects in buildings over 11 metres. 

Over 50 developers have signed a developer remediation contract, committing them to fix fire safety defects in buildings over 11 metres that they developed or refurbished between April 1992 and April 2022.  

Under 11 metres

The BSA’s leaseholder protections do not apply to buildings below 11 metres in height and the developer remediation contract does not apply to them. Remediation orders and remediation contribution orders cannot be used for buildings under 11 metres. 

Until 2026, government funding under the Building Safety Fund (BSF) and the Cladding Safety Scheme (CSS) was for buildings over 11 metres or over 18 metres.

Leaseholders could therefore be held liable for all or part of the costs associated with remediating fire safety defects, such as cladding.  

For buildings below 11 metres that require cladding remediation and have no alternative source of funding, the government announced in July 2026 that funding would be available through the Cladding Safety Scheme. More detail is provided below. 

Why are buildings under 11 metres treated differently? 

The Conservative government’s position was that there is no systemic fire safety issue in buildings under 11 metres. In 2022, it said that it had examined specific buildings under 11 metres and found that “in the overwhelming majority of cases it has subsequently been confirmed that they do not require remediation”. 

The Labour government under Kier Starmer maintained this position, stating in September 2024 that “the risk to life is usually lower in buildings under 11 metres, and they are very unlikely to need the same costly remediation”.  

The government has investigated all under 11 metre buildings brought to its attention since 2022. It said that the “vast majority” had not required cladding remediation works and “lower-cost mitigation measures” had often addressed fire risks instead.  

Do any buildings under 11 metres need fire safety works? 

It will depend on the building. 

Under The Regulatory Reform (Fire Safety) Order 2005, a “responsible person” is required to carry out fire risk assessments and put in place measures to address fire risks that they identify. Since 2022, this risk assessment duty has included assessing the structure and external walls of the building, including cladding, balconies and windows. 

As part of the fire risk assessment, the responsible person might decide that fire safety defects such as cladding need to be fixed.  

For further information on the Fire Safety Order, see the Commons Library research briefing Fire safety in houses and flats. 

What measures are in place to support buildings under 11 metres?

On 9 July, the Minister for Building Safety, Fire and Democracy, Samantha Dixon announced an extension of the Cladding Safety Scheme for buildings under 11 metres:

“we are launching new, targeted funding to support the remediation of unsafe cladding on a small number of multi-occupancy residential buildings under 11 metres in England. This will be delivered through an extension of the Cladding Safety Scheme and administered by Homes England. This delivers on the commitment set out in the Remediation Acceleration Plan Update in July last year.

Funding will prioritise high‑risk buildings with the most serious cladding fire safety defects. Following support for these cases, any remaining funding may be directed to other buildings where intervention would deliver the greatest benefit in reducing risk and supporting residents. Applications for funding are expected to open in August.” 

Criteria for new funding for buildings under 11 metres

The MHCLG guidance, Buildings under 11 metres: new funding provides links to documents on the funding.  The document, Buildings under 11 metres: fund overview explains that applications must be made by the responsible entity.  It also sets out how applications are assessed.

For the fund applications for buildings under 11 metres, Homes England will review and audit the fire risk appraisal of external walls (FRAEW) in line with existing Cladding Safety Scheme processes and PAS 9980 methodology, to confirm that proposed cladding remediation works are necessary and proportionate.

Responsible entities will be asked if they have explored redress measures or alternative funding routes, such as insurance claims, developer contributions, or warranty schemes, before funding is confirmed.

The scheme opened on 17 August 2026 and closed on 9 October 2026. Government’s guidance on the new funding says:

“The department’s position remains that buildings under 11 metres are less likely to have widespread cladding fire safety risks. However, funding was made available where a Fire Risk Appraisal of External Walls, undertaken by a suitably qualified and competent professional in accordance with PAS 9980:2026, identified unsafe cladding that presented a serious life critical fire safety risk.”.

The leaseholders' and residents' guide for the funding explains that leaseholders and residents with concerns about cladding risks should contact their responsible entity first. They can also use the Tell Us Tool to share relevant information about their building with Homes England and report concerns about cladding.

What can leaseholders do if they have concerns?

Check their lease 

Leaseholders should check their lease to identify what costs they may have to pay toward fire safety cladding remediation work. 

Check who is responsible for paying for fire safety works 

Government guidance on cladding and other fire safety works says for buildings under 11 metres where work is being proposed:  

Residents should check with their building owner whether this work is based on the correct standard (a fire risk assessment including a fire risk appraisal of external walls to PAS 9980:2022 or PAS 9980:2026 standards)

It is possible to take legal action against developers and contractors for works completed in the last 30 years that made a dwelling unfit for habitation, under Section 1 of the Defective Premises Act 1972

The work could be paid for in other ways, such as new-build home warranties (if the building is under 10 years old). 

In September 2025, the government said that “if remediation is required in buildings under 11 metres in height, the responsibility should rest with building owners”, who “should not pass these costs on to leaseholders but should seek to recover costs from those who were responsible for building unsafe homes”. 

Seek legal advice 

Leaseholders may wish to seek advice from a suitably qualified professional on their specific circumstances. The government-funded Leasehold Advisory Service (LEASE) provides free, summary legal advice to help leaseholders decide what to do next. 

The Commons Library research briefing Legal help: where to go and how to pay offers information on where to seek legal help or advice. 

Other government measures to deal with unsafe cladding

The government introduced the Building Safety (Remediation of Unsafe Cladding etc) Bill on 14 October 2026 to address historical safety risks and ensure remediation of unsafe cladding. The bill includes a ‘legal duty to remediate and mitigate’ which will compel landlords to remediate buildings within a fixed timescale or face criminal prosecution or financial penalties.

The bill applies to ‘relevant buildings’ with two or more residential units which are 11 metres or more in height or have at least five storeys. The bill focuses on the external walls of ‘relevant buildings’, particularly cladding (a layer of material on the external walls).

The Library briefing on the Building Safety (Remediation of Unsafe Cladding etc) Bill 2026-2027 has further details.

The government has also introduced the Building Safety Levy which commenced operation on 1 October 2026. This is a tax on new residential buildings. The income raised will contribute to fixing building safety defects across England.  

Further information 

MHCLG guidance:  

• Remediation Acceleration Plan Update (July 2025) 

• Cladding and other fire safety works – information for residents 

• Making sure remediation work is done 

• Leaseholder protections on building safety costs in England: frequently asked questions 

LEASE, Fire Safety 

Commons Library research briefings: 

• Leasehold high-rise flats: who pays for fire safety work?  

• Fire safety in houses and flats 

• Building regulations and safety