We recognise the difficulties facing some leaseholders in buildings under 11 metres who are being asked to pay significant cladding remediation costs. The Department’s investigations indicate that most buildings under 11 metres are safe and do not require cladding remediation, with risks often able to be addressed through lower-cost mitigations. However, as set out in the Remediation Acceleration Plan update, we remain committed to providing funding in specific circumstances where cladding remediation is needed to address life-critical fire safety risks from cladding. We intend to provide an update on this shortly.

The leaseholder protections, which cap liability for paying towards certain remediation costs, do not apply to buildings where some or all the leaseholders have acquired the freehold.

RMCs who hold the freehold on behalf of leaseholders can use remediation contribution orders, introduced in the Building Safety Act to compel responsible entities to meet remediation costs.

We acknowledge the challenges resident management companies in this position face and my officials are looking at what more can be done to further protect these leaseholders facing uncapped costs.

Leaseholders at Southend’s Meridien Point are trapped in an unbearable financial situation, as a result of an internal defects bill of £3 million, and a £450,000 fight against the building developer. Their block is 18 metres in height, and they are not entitled to funding for the support that they desperately need. They have been offered just £50,000 towards their legal fees by Homes England. How can we look at existing funding criteria for mid-rise buildings, and encourage Homes England to fully support leaseholders in taking on well-resourced developers?

This Government recognises the current rules aren’t working for many people and has been clear that leaseholders should not be left responsible for the creation of historic building safety defects.

We are working hard to develop options to further protect leaseholders from current and future building safety issues, especially those groups left out of existing protections and who are unable to sell because of the existing rules.

We hope to be able to provide a more detailed response shortly.

An EWS1 form is an industry valuation tool. It is not a government, legal or regulatory requirement, nor is it a safety certificate. Not all lenders ask for an EWS1 as part of their requirements to offer a mortgage, but whether they do remains a commercial decision.

Officials in my department continue to work with lenders to encourage them to accept alternative forms of assurance, such as a comprehensive Fire Risk Assessment. As part of the Fire Safety Act 2021 all buildings require an up-to-date Fire Risk Assessment that includes the external wall of the building and building owners are legally responsible for carrying them out. Where an assessment shows remedial works are not needed, there should be no barrier to lending.

Since 2022 ten major banks and building societies have committed to consider mortgage applications, even if a property has building safety issues, provided either the building has funding for cladding remediation, or the leaseholder has completed a ‘Leaseholder Deed of Certificate’. An EWS1 form is not required in these cases.

Regarding cladding, the Department is committed to protecting residential leaseholders from bearing the costs of remediating historic fire safety-related defects as far as is proportionate and offering support to both residents and leaseholders.

The Remediation Acceleration Plan committed to funding for fire safety cladding remediation in multi-occupied residential buildings under 11 metres in England in exceptional cases where there are life critical fire safety risks and no alternative route to funding. Homes England now oversees cases for residential buildings under 11 metres.

Funding is not currently available for buildings under 11 metres in height. However, the Department announced targeted funding for multi-occupied residential buildings under 11 metres in the Remediation Acceleration Plan update. This funding will be available in exceptional cases, where there are life-critical fire safety risks from cladding and no alternative route to funding.

Additional details about funding for exceptional cladding remediation in buildings below 11 metres in England will be shared by the Department in due course.

The Responsible Person for any residential building (regardless of height) is the person or entity responsible for keeping residents safe from the risk of fire. Decisions on how to keep residents safe and what actions are required should be made based on advice from a Competent Person following a Fire Risk Assessment. MHCLG has no direct role in deciding whether interim measures such as a common fire alarm should be implemented. Sector-led Simultaneous Evacuation Guidance published by the National Fire Chiefs Council supports Responsible Persons to meet their existing duties and guides them towards a consistent, standardised approach to a change in evacuation strategy and implementation of interim measures where this is necessary.

By law, variable service charges must be reasonable, and leaseholders have the right to challenge unreasonable charges at the appropriate tribunal. The Leasehold and Freehold Reform Act 2024 includes measures to increase transparency over service charges and remove barriers for leaseholders to challenge costs, helping them better understand what they are being asked to pay for. The Building Safety Act’s leaseholder protections also place caps on how much can be charged for remediation of historical life-critical fire safety defects in most 11-metre-plus buildings.

The Department is committed to protecting residential leaseholders from bearing the costs of remediating historic fire safety-related cladding defects and offering support to both residents and leaseholders. Building owners and landlords for buildings under 11 metres tall are responsible for ensuring that historical fire safety defects are addressed without unnecessary delay. They should not pass the cost of cladding remediation works onto leaseholders.

Homes England, who are delivering the Cladding Safety Scheme (CSS) for buildings over 11m, are now leading the management of cases of residential buildings under 11 metres on behalf of the department. This ensures a streamlined and efficient approach across all building heights and enables them to address urgent cases. They are auditing Fire Risk Assessments and accompanying Fire Risk Appraisal of External Walls to ensure assessments are consistent, proportionate, and aligned with PAS 9980 standards.

The Department intends to provide further information regarding exceptional cladding remediation funding for buildings under 11m in height in England in due course.

The Department is committed to protecting residential leaseholders from bearing the costs of remediating historic fire safety-related cladding defects and offering support to both residents and leaseholders. Building owners and landlords for buildings under 11 metres tall are responsible for ensuring that historical fire safety defects are addressed without unnecessary delay. They should not pass the cost of cladding remediation works onto leaseholders.

Homes England, who are delivering the Cladding Safety Scheme (CSS) for buildings over 11m, are now leading the management of cases of residential buildings under 11 metres on behalf of the department. This ensures a streamlined and efficient approach across all building heights and enables them to address urgent cases. They are auditing Fire Risk Assessments and accompanying Fire Risk Appraisal of External Walls to ensure assessments are consistent, proportionate, and aligned with PAS 9980 standards.

The Department intends to provide further information regarding exceptional cladding remediation funding for buildings under 11m in height in England in due course.

Government is not currently considering expanding the leaseholder protections further but is committed to reviewing how to better protect leaseholders from costs. There is a range of support in place for those leaseholders whose lease does not qualify for protection under Part 5 of the Building Safety Act 2022.

All leaseholders in buildings above 11 metres or five storeys are protected from paying towards the remediation of all fire related and structural defects where the developer has signed the developer remediation contract or where the freeholder is, or was associated with, the developer. More information on the developer remediation contract can be found on gov.uk here.

Where a responsible developer cannot be identified, traced, or held responsible, funding is available for fire safety related cladding remediation on buildings over 11 metres through the Cladding Safety Scheme. Guidance on the Cladding Safety Scheme can be found on gov.uk here.

The leaseholder protections do not apply to collectively owned buildings because there is no ‘separate’ freeholder to bear the costs, which would be borne by the leaseholders themselves – so the protections would not have their intended effect.

Leaseholders and freeholders of residential buildings of all heights can use rights to redress introduced by the Building Safety Act. The Act extended the limitation period for Defective Premises Act claims to 30 years, providing more time to seek redress for poor workmanship. It also introduced new rights to bring civil claims where defective products have made a home unfit for habitation.

Ten major banks and building societies have signed the lenders’ statement on cladding. These lenders have committed to consider mortgage applications for buildings over 11 metres tall, even if a property has building safety issues, provided either the building has funding for works from government or the developer, or the property is protected by the leaseholder protections in the Building Safety Act, and the leaseholder has completed a ‘Leaseholder Deed of Certificate’ to evidence it.

Officials in my department engage with lenders individually should we receive evidence to suggest a signatory is not upholding the statement.

We are of the firm belief that mortgage lenders should not request an EWS1 form as a requirement to lend on buildings under 11 metres tall, but whether they do so remains their commercial decision and is subject to their individual lending criteria.

Ten major mortgage lenders have signed the updated joint statement on cladding, confirming they will consider lending on properties in buildings 11 metres and above, where the building is in a remediation scheme or the property is protected by the leaseholder protections in the Building Safety Act and the leaseholder has completed a ‘Leaseholder Deed of Certificate’ to evidence it. Officials in my department engage with lenders individually should we receive evidence to suggest a signatory is not upholding the statement. The Government does not collect data on the number of shared owners impacted by building safety issues who have difficulty selling or remortgaging their properties.

The leaseholder protections give greater protection from costs to shared ownership leases. Specifically, holders of qualifying leases which were shared ownership leases as of 14 February 2022 have lower maximum contribution caps, proportional to their share of ownership of the property on that date. Government is not currently considering expanding the leaseholder protections further. The Leaseholder Protections balance the rights of leaseholders with those of those freeholders not connected with the developer who were equally innocent in the creation of the emerging defects.

Ten major mortgage lenders have signed the updated joint statement on cladding, confirming they will consider lending on properties in buildings 11 metres and above, where the building is in a remediation scheme or the property is protected by the leaseholder protections in the Building Safety Act and the leaseholder has completed a ‘Leaseholder Deed of Certificate’ to evidence it. Officials in my department engage with lenders individually should we receive evidence to suggest a signatory is not upholding the statement. The Government does not collect data on the number of shared owners impacted by building safety issues who have difficulty selling or remortgaging their properties.

The leaseholder protections give greater protection from costs to shared ownership leases. Specifically, holders of qualifying leases which were shared ownership leases as of 14 February 2022 have lower maximum contribution caps, proportional to their share of ownership of the property on that date. Government is not currently considering expanding the leaseholder protections further. The Leaseholder Protections balance the rights of leaseholders with those of those freeholders not connected with the developer who were equally innocent in the creation of the emerging defects.

Ten major mortgage lenders have signed the updated joint statement on cladding, confirming they will consider lending on properties in buildings 11 metres and above, where the building is in a remediation scheme or the property is protected by the leaseholder protections in the Building Safety Act and the leaseholder has completed a ‘Leaseholder Deed of Certificate’ to evidence it. Officials in my department engage with lenders individually should we receive evidence to suggest a signatory is not upholding the statement. The Government does not collect data on the number of shared owners impacted by building safety issues who have difficulty selling or remortgaging their properties.

The leaseholder protections give greater protection from costs to shared ownership leases. Specifically, holders of qualifying leases which were shared ownership leases as of 14 February 2022 have lower maximum contribution caps, proportional to their share of ownership of the property on that date. Government is not currently considering expanding the leaseholder protections further. The Leaseholder Protections balance the rights of leaseholders with those of those freeholders not connected with the developer who were equally innocent in the creation of the emerging defects.

Under the Building Assessment Certificate (BACs) process, Accountable Persons (APs) for higher-risk buildings must provide information about their building that demonstrates how they are managing building safety risks related to the spread of fire and structural failure. This is to ensure that accountable persons hold the information and documentation they need in order to be able to manage a building safely.

In many cases, APs will already hold and have access to documentation that shows how they are meeting these requirements. If existing reports demonstrate that the AP is managing safety risks effectively, they will be accepted as part of the BACs process. Only where necessary information is missing will APs have to take reasonable steps to collect it, which may include undertaking surveys and commissioning further reports.

To assist APs in understanding the requirements of the BACs regime, the Building Safety Regulator has produced online resources covering the BAC application and assessment process here.

Most new build warranties cover damages caused by structural defects for a 10-year term. The developer is often held accountable for the first two years of this period. The terms of warranty should give more detail on what developers would be expected to cover in this timeframe.

Where a homeowner is dissatisfied with the service given, warranty providers should have a clear complaints procedure for warranty holders to follow. This procedure should be followed in the first instance.

If this still does not resolve the issue, the next step would be to refer the case to the Financial Ombudsman Service (FOS) for a decision.

Most new build warranties cover damages caused by structural defects for a 10-year term. The developer is often held accountable for the first two years of this period. The terms of warranty should give more detail on what developers would be expected to cover in this timeframe.

Where a homeowner is dissatisfied with the service given, warranty providers should have a clear complaints procedure for warranty holders to follow. This procedure should be followed in the first instance.

If this still does not resolve the issue, the next step would be to refer the case to the Financial Ombudsman Service (FOS) for a decision.

The Department intends to provide further information on cladding remediation funding for buildings under 11m in height in England in due course.

The Health and Safety Executive (HSE) have published information to help landlords understand their duties under the Control of Asbestos Regulations 2012 for the common parts of multi-occupancy domestic premises (such as foyers and corridors, lifts and lift-shafts and staircases etc). and what they are required to do to comply here: The duty to manage asbestos in buildings: Check if you have the duty to manage asbestos - HSE and here: Managing and working with asbestos - HSE. Those that are in breach would be subject to the normal range of penalties under the Health and Safety at Work etc. Act 1974.

Leaseholders can contact the Leasehold Advisory Service (LEASE) for specific guidance on their situation and potential courses of action.