Remediation orders and remediation contribution orders are measures introduced in the Building Safety Act 2022 to ensure that action can be taken against building owners and landlords who are not meeting their responsibilities for remediating historical safety defects in building above 11 metres or five storeys.

As well as those with an interest in the particular building, such as individual or groups of leaseholders, enforcement agencies may apply to the First-tier Tribunal for a remediation order to require a relevant landlord to remedy the relevant defect through a remediation order. They can also apply for a remediation contribution order to require the landlord, developer or associate to make payments to a specified person for the purpose of meeting costs which have been incurred or to be incurred in remedying relevant defects.

We are working closely with the Tribunal to understand how they are dealing with these orders. As only a small number of applications have been made, it is unclear how representative those applications are of the likely caseload as a whole. We are therefore unable to provide an estimate of the time required to process an application.

HMCTS has confirmed that, to date, they have received 2 applications for remediation orders and 2 applications for remediation contribution orders. None have yet reached decision.

The requirement for and use of EWS1 forms is determined by the lending policies of banks and building societies. Not all lenders ask for an EWS1 form, but when or whether they do remains a commercial decision. Data published by the department on 19 May 2022 demonstrates that lenders require EWS1 forms for fewer than 1 in 10 mortgage valuations for flats.

Major lenders confirmed in a statement on the 15 July, that the Building Safety Act means that they will lend on properties impacted by building safety issues on the basis of a qualifying lease certificate, subject to lenders’ individual lending policies.

The leaseholder protections in the Building Safety Act came into force on 28 June 2022. This means qualifying leaseholders in England can no longer be charged for cladding remediation. There are legal protections in place for non-cladding costs which are capped and spread over ten years.

Furthermore, qualifying leaseholders in properties valued at below £325,00 in Greater London and £175,000 elsewhere in England will be protected from all cladding and non-cladding costs.

We are working with lenders to ensure that a qualifying lease certificate will provide all necessary assurances for mortgage decisions.

Yes, we expect developers to take responsibility for any building developed by any company within their corporate group, including cases where they acquired the original developer of the building.

45 of the largest developers have now signed a pledge to:

• take responsibility for all necessary work to address life-critical, fire-safety defects on buildings 11 metres and over that they had a role in developing or refurbishing; and
• withdraw any such buildings from the Building Safety Fund and Aluminium Composite Material (ACM) Fund and reimburse funding received from those funds for such buildings.

45 of the largest developers have now signed the pledge. The Department is in discussions with further developers that we believe should sign the pledge, and this work will continue. The Secretary of State has made clear that he expects all companies to do the right thing, and that we will pursue those who fail to do so. We intend to establish a Responsible Actors Scheme that will make sure that any companies that fail to do the right thing face significant commercial and reputational consequences. The Department has established a recovery unit that will pursue irresponsible actors through the courts if necessary.

45 of the largest developers have now signed the pledge. The Department is in discussions with further developers that we believe should sign the pledge, and this work will continue. The Secretary of State has made clear that he expects all companies to do the right thing, and that we will pursue those who fail to do so. We intend to establish a Responsible Actors Scheme that will make sure that any companies that fail to do the right thing face significant commercial and reputational consequences. The Department has established a recovery unit that will pursue irresponsible actors through the courts if necessary.

45 of the largest developers have now signed the pledge. The Department is in discussions with further developers that we believe should sign the pledge, and this work will continue. The Secretary of State has made clear that he expects all companies to do the right thing, and that we will pursue those who fail to do so. We intend to establish a Responsible Actors Scheme that will make sure that any companies that fail to do the right thing face significant commercial and reputational consequences. The Department has established a recovery unit that will pursue irresponsible actors through the courts if necessary.

The Building Safety Act 2022 protects leaseholders in buildings above 11 metres in height or with at least five storeys from costs associated with historical building safety defects. A leaseholder qualifies for the protections if, on 14 February 2022, the property was their principal home, or if they owned no more than three UK properties in total. The protections automatically transfer to future buyers if a lease is sold.

Those responsible for historical building safety defects must pay to put them right. That is why, where the building is owned by the developer of the building, or the building owner is linked to the developer, the no costs related to historical defects can be passed to any leaseholders; including commercial leaseholders. If the building owner is not linked to the developer, commercial leaseholders can be charged for their full share of remediation works, as per the terms of their lease.

Qualifying leaseholders will be fully protected in law from cladding costs. In addition, the costs for remediation of non-cladding defects and interim measures like waking watches are subject to a firm cap. Once the leaseholder caps have been reached, landlords will be unable to demand further contributions from leaseholders. Landlords will be required to provide detailed evidence to leaseholders that they are entitled to pass on costs. The Government is clear that landlords who attempt to continue charging leaseholders once the caps have been met will be breaking the law and we will not hesitate to use all possible levers to hold rogue actors to account.

The Government has agreed with 45 residential property developers that they will fix life-critical fire safety defects, including cladding, in all buildings above 11 metres that they had a role in developing or refurbishing in the past 30 years. Where a responsible developer cannot be identified, grant funding from either the Building Safety Fund or the new 11-18 metre remediation fund will cover the costs of fixing unsafe cladding.

The Building Safety Act 2022 protects leaseholders in buildings above 11 metres in height or with at least five storeys from costs associated with historical building safety defects. A leaseholder qualifies for the protections if, on 14 February 2022, the property was their principal home, or if they owned no more than three UK properties in total. The protections automatically transfer to future buyers if a lease is sold.

Those responsible for historical building safety defects must pay to put them right. That is why, where the building is owned by the developer of the building, or the building owner is linked to the developer, the no costs related to historical defects can be passed to any leaseholders; including commercial leaseholders. If the building owner is not linked to the developer, commercial leaseholders can be charged for their full share of remediation works, as per the terms of their lease.

Qualifying leaseholders will be fully protected in law from cladding costs. In addition, the costs for remediation of non-cladding defects and interim measures like waking watches are subject to a firm cap. Once the leaseholder caps have been reached, landlords will be unable to demand further contributions from leaseholders. Landlords will be required to provide detailed evidence to leaseholders that they are entitled to pass on costs. The Government is clear that landlords who attempt to continue charging leaseholders once the caps have been met will be breaking the law and we will not hesitate to use all possible levers to hold rogue actors to account.

The Government has agreed with 45 residential property developers that they will fix life-critical fire safety defects, including cladding, in all buildings above 11 metres that they had a role in developing or refurbishing in the past 30 years. Where a responsible developer cannot be identified, grant funding from either the Building Safety Fund or the new 11-18 metre remediation fund will cover the costs of fixing unsafe cladding.

Whole building fire risk assessments are already required in England for residential premises including common parts under the Regulatory Reform Fire Safety Order 2005 (FSO). Not all buildings require statutory fire risk assessments. For example, single private dwellings with no common parts are not within the scope of the Regulatory Reform Fire Safety Order 2005. Buildings which already have a suitable and proportionate assessment of their external walls will not need to be reassessed.

We have worked with BSI to develop new guidance for fire safety professionals on the undertaking of fire risk appraisals of the external wall construction and cladding of existing residential buildings. This guidance (PAS 9980) will enable more proportionate appraisals when necessary.

Fire risk assessments must be proportionate to make sure that unnecessary remediation costs are avoided and leaseholders are protected from unreasonable costs. Where remediation of a building is recommended by an assessor, material supporting this conclusion should be transparent and there should be evidence that alternatives, such as management or mitigation measures, have been clearly considered.

Leaseholders can request that a building owner seek a second opinion from another fire risk assessor on the necessity of the works or their costs. The building owner would need to agree to this and leaseholders would be responsible for any additional costs.

The Building Safety Bill will make it a requirement in law that a freeholder needs to explore all alternative sources of funding before passing these costs on to leaseholders.

The Building Safety Manager role is considered critical in supporting Accountable Persons to ensure fire and structural safety is delivered and maintained.

To ensure a robust and consistent approach to assuring competence, we are sponsoring the British Standards Institution to create a suite of national competence standards for higher risk buildings. This will include the competence framework for the Building Safety Manager and other key roles.

The Principal Accountable Person will be responsible for appointing, and entering into a contract with, the Building Safety Manager. They will need to agree the extent of the role and must be satisfied in the Building Safety Manager’s capability to deliver it, this will provide an incentive for the Principal Accountable Person to ensure the role is delivered in an effective and cost efficient way. Where an individual or organisation is appointed as the Building Safety Manager, we expect professional residential management agents to supply much of the demand. This is in line with the vision set out by Dame Judith Hackitt.

The Building Safety Bill contains a requirement to review the legislation at least every 5 years, including the effectiveness of the Building Safety Regulator and the regulatory system for building safety.

We expect that the work to develop the Publicly Available Specification for the Building Safety Manager role will cost around £132,000 + VAT.

To ensure a robust and consistent approach to assuring competence, we are sponsoring the British Standards Institution to create a suite of national competence standards for higher risk buildings. This will include the competence framework for the Building Safety Manager and other key roles

It is important that industry takes ownership of improving competence to ensure change is meaningful and sustained. Industry is best placed to ensure supply of Building Safety Managers can meet demand and is already leading the work to develop the competence framework for Building Safety Managers. We fully support these efforts

The Government intends to provide statutory guidance to support how the competence of the Building Safety Manager is assessed and assured. We expect that statutory guidance would provide examples of how the Building Safety Manager might meet the competence requirements, making reference to the Publicly Available Specification and, if sufficiently robust, accredited industry-run registers.

To ensure a robust and consistent approach to assuring competence, we are sponsoring the British Standards Institution to create a suite of national competence standards for higher risk buildings. This will include the competence framework for the Building Safety Manager and other key roles

It is important that industry takes ownership of improving competence to ensure change is meaningful and sustained. Industry is best placed to ensure supply of Building Safety Managers can meet demand and is already leading the work to develop the competence framework for Building Safety Managers. We fully support these efforts

The Government intends to provide statutory guidance to support how the competence of the Building Safety Manager is assessed and assured. We expect that statutory guidance would provide examples of how the Building Safety Manager might meet the competence requirements, making reference to the Publicly Available Specification and, if sufficiently robust, accredited industry-run registers.

To ensure a robust and consistent approach to assuring competence, we are sponsoring the British Standards Institution to create a suite of national competence standards for higher risk buildings. This will include the competence framework for the Building Safety Manager and other key roles

It is important that industry takes ownership of improving competence to ensure change is meaningful and sustained. Industry is best placed to ensure supply of Building Safety Managers can meet demand and is already leading the work to develop the competence framework for Building Safety Managers. We fully support these efforts

The Government intends to provide statutory guidance to support how the competence of the Building Safety Manager is assessed and assured. We expect that statutory guidance would provide examples of how the Building Safety Manager might meet the competence requirements, making reference to the Publicly Available Specification and, if sufficiently robust, accredited industry-run registers.

The Building Safety Manager, who can be an organisation or individual, will play a key role in assisting and helping to ensuring that Accountable Persons meet their obligations. Building Safety Managers must be competent to support in the day-to-day management of fire and structural safety in the building.

To ensure a robust and consistent approach to assuring competence, we are sponsoring the British Standards Institution to create a suite of national competence standards for higher risk buildings. This will include the competence framework for the Building Safety Manager and other key roles.

Longstanding independent safety advice has been clear that unsafe cladding poses the greatest risk to buildings because it can act as a fuel to a fire. Our approach prioritises action on the risks of unsafe cladding – the costs for remediating this are high, and the risks posed by it are also high. Building owners and industry should make buildings safe without passing on costs to leaseholders and we are introducing new measures that will legally require building owners to prove they have tried all routes to cover costs. The Government remains committed to protecting leaseholders from unaffordable costs. We are looking closely at this issue to make sure everything is being done to support leaseholders. The Building Safety Bill will bring about a fundamental change in both the regulatory framework for building safety and construction industry culture, creating a more accountable system.