Derived from the presentation and questions arising from the FPRA Cladding Remediation Webinar, held in association with Envoy Projects Ltd, on Wednesday 23 October 2024. 

Executive Summary 

This whitepaper addresses crucial questions and concerns related to cladding remediation and the role of the Building Safety Regulator (BSR) in ensuring the safety of high-rise and high-risk residential buildings in the UK.  

Prompted by a recent FPRA webinar on this topic, this document outlines the current state of UK building safety regulations, clarifies the responsibilities of stakeholders, and offers recommendations to support residents and leaseholders.  

Topics covered include the BSR’s Gateway processes, funding options and financial liabilities for leaseholders. The paper concludes with actionable insights aimed at enhancing transparency, regulatory efficiency, and long-term building safety. 

Introduction 

In response to widespread safety concerns following the Grenfell Tower fire, the UK Government has implemented several regulatory changes to address unsafe cladding in residential buildings. At the forefront of these efforts is the Building Safety Regulator (BSR), which oversees the compliance of building safety standards.  

The Federation of Private Residents’ Associations (FPRA) recently held a webinar to clarify these regulations and discuss the implications for residents affected by cladding remediation. 

This whitepaper expands on the discussions raised during the webinar, presenting a structured overview of the issues, solutions and regulatory guidance available to residents and leaseholders. The information presented is aimed at demystifying the complex regulatory landscape of cladding remediation, with a focus on accessibility and practicality for those unfamiliar with construction or regulatory terminology. 

Challenges in Cladding Remediation and Building Safety 

The need for cladding remediation has exposed significant challenges for residents, leaseholders and building owners. Issues include the complexity of navigating regulatory requirements, understanding eligibility for government funding, coping with high insurance premiums, and securing financing to cover potentially extensive remediation costs.  

In addition, many stakeholders are uncertain about their financial liabilities, inspection requirements, and the procedural steps involved in remediation. This lack of clarity has created financial stress and confusion for affected residents. 

The challenges outlined below encapsulate some of the most pressing issues raised during the FPRA webinar: 

Complex Regulatory Standards 

The introduction of the BSR and its Gateway processes has added new layers of regulatory oversight, requiring building owners to meet rigorous safety standards but often leaving residents and leaseholders unclear about their responsibilities. 

Financial Uncertainty 

Funding sources such as the Building Safety Fund (BSF) and Cladding Safety Scheme (CSS) offer support but with restrictions, leading to concerns about coverage limitations and the process for securing additional funds when costs exceed initial budgets. 

Lack of Understanding of the Safety Remediation Process 

Many residents are unsure about the precise steps required to ensure a building’s compliance with safety regulations. While the BSR’s Gateway processes aim to standardise safety across buildings, stakeholders report difficulty in understanding the exact timeline, procedural steps, and necessary documentation to complete each phase of remediation.  

This lack of understanding can lead to delays, potential cost increases, and concerns about meeting regulatory requirements. 

Strategy for Effective Cladding Remediation 

To address these challenges Envoy has prepared a Project Journey in collaboration with MHCLG and Mott MacDonald which sets out all the steps required from the initial discovery of non-compliance to the completion and signoff of remedial works on site.  The purpose of this Project Journey was to help clarify the steps and work with the market to identify areas in which the intervention was required from professional teams. This will ensure that when a project reaches site it is carried out in a way that works for all stakeholders and works to minimise the level of disruption as much as is possible to the lives of those living in the development.  The simple pathway of steps required is shown in the graphic below.  In working through this, Envoy was able to identify areas which early engagement could work to identify risks and mitigate delays and additional costs once the works onsite have begun.

Key Insights and Recommendations 

Based on the insights shared in the FPRA webinar, we present the following recommendations for stakeholders navigating cladding remediation: 

1. Engage Quality Consultants 

To avoid delays, building owners should engage with competent consultants, especially in the early stages when a FRAEW (PAS9980) assessment is being prepared. This document sets the foundation for funding and building control applications.  

Errors or items missing from the FRAEW can cause significant delays with funding and building control approval. Building owners should thoroughly check the FRAEW to ensure that it is detailed and that all areas of the façade have been covered. 

2. Identify Appropriate Funding Sources 

Building owners should determine at the earliest opportunity whether their project qualifies for the Building Safety Fund or the Cladding Safety Scheme, based on building type and cladding material.  

The BSF covers all buildings over 18 metres (typically 7 stories) in London Boroughs and the CSS covers all buildings 11-18 metres (typically 4-7 stories) nationally. More recently, the scope of the CSS has been expanded to include buildings over 18 metres high outside London.  

Residents should consult the www.gov.uk website for the process and how to determine eligibility. 

3. Explore Additional Funding Options 

If a project’s costs exceed the allocated budget, building owners can submit requests for additional funding. This can be essential to cover unforeseen expenses without shifting the financial burden to leaseholders. Early budgeting and accurate cost estimations are critical. 

4. Contact Authorities with Concerns 

During the remediation process, residents can reach out to their building safety manager, the local council’s building safety team or the BSR. For questions about funding or financial matters, the Ministry of Housing, Communities and Local Government (MHCLG) can provide support. 

5. Understand Remortgaging Timelines Post-Remediation 

For leaseholders looking to remortgage after cladding remediation, the earliest time typically aligns with the completion of all required remediation work and the final sign-off from an official inspection. This sign-off verifies compliance with the BSR’s safety standards. However, mortgage lenders may have varying policies regarding remortgaging after remediation, so leaseholders are advised to consult their specific lender or a financial advisor to confirm eligibility and timing. 

Conclusion 

Cladding remediation is essential to ensure the safety of residential buildings across the UK, but it presents a range of regulatory, financial, and logistical challenges. Through this white paper, the FPRA aims to clarify these complexities and offer practical guidance for residents and leaseholders. Effective collaboration with the BSR, strategic use of government funding, and advocacy for fair insurance practices are critical to supporting safe, affordable, and efficient remediation processes. 

By following the recommendations outlined above, residents, building owners, and leaseholders can navigate the remediation process with greater confidence, enhancing safety and financial stability in the long term. 

References 

• Building Safety Regulator (BSR) – Detailed information on the BSR’s role and the Gateway processes is available on the Health and Safety Executive’s official website: https://www.hse.gov.uk/building-safety.  

• Building Safety Fund and Cladding Remediation Scheme – For guidance on eligibility, application processes, and criteria for both the Building Safety Fund and the Cladding Remediation Scheme, visit the UK Government’s website: https://www.gov.uk/guidance/remediation-of-non-acm-buildings.  

• EWS1 Ratings and Fire Safety Assessments – The Royal Institution of Chartered Surveyors (RICS) provides information on EWS1 ratings and their implications for building safety. Further details are available here: https://www.rics.org/uk/ews1.  

• Leaseholder Protections – The UK Government’s Building Safety Act includes provisions for capping qualifying leaseholders’ financial liabilities. For an overview of these protections, visit the DLUHC’s dedicated page: https://www.gov.uk/guidance/building-safety-act-2022-overview.  

• Insurance and Cladding Remediation Costs – The Association of British Insurers (ABI) has discussed issues around insurance premium increases related to cladding remediation. For more on this, see their recent publications: https://www.abi.org.uk.  

• Financial Liabilities for Leaseholders – More information on the capped contributions for leaseholders in remediating unsafe cladding is available in the FPRA’s guide on cladding and building safety: https://www.fpra.org.uk/resources.