New Bill Hands Contractors Direct Route to Reclaim Cladding Costs

Contractors and developers that paid for unsafe cladding repairs would get a direct legal route to claw the money back from manufacturers, under a bill introduced to Parliament yesterday.

The Remediation of Unsafe Cladding Bill strips away legal barriers that have left firms carrying repair costs while manufacturers pay nothing. Ministers admit the existing claims regime under section 149 of the Building Safety Act has failed to deliver. Few cases have been brought.

What does the Bill change for claims?

The overhaul lets firms that funded remediation claim directly against manufacturers. It also simplifies the test linking a product to an unsafe building: claimants would only need to show the product made "more than a trivial contribution" to the building being unsafe.

Liability would focus on unsafe products or misleading conduct, cutting through technical compliance arguments. Courts could extend liability to associated companies where just and equitable, and order disclosure of product information.

The changes would apply UK-wide two months after Royal Assent, covering new and ongoing claims within the existing 30-year limitation period.

There are limits. Claims would still need to be proved in court, and firms could not delay repairs while pursuing manufacturers.

How does it tighten fire assessments?

The Bill also toughens scrutiny of the assessments that decide which buildings need work, alongside stronger enforcement and a public sector backstop for stalled repairs.

Key measures include:

• Consistent fire assessments: Fire risk appraisals of external walls, known as FRAEWs, would follow a standardised approach to identifying risks and necessary work.
• Independent audits: Assessments recommending remediation would be audited. Homes England could also audit a sample concluding that no work was needed.
• Assessment deadline: Those responsible would have 12 months from Royal Assent to complete external wall assessments.
• Repair plans: Where work is recommended, remediation plans would be required within 15 months of Royal Assent, setting out proposed steps and timescales and shared with residents.
• Tougher penalties: The First-tier Tribunal could impose financial penalties of up to £500,000 for failure to comply with a Remediation Order. Those obstructing assessment or repair work could face criminal penalties.
• Intervention powers: Homes England and local authorities could step in to get buildings fixed where those responsible repeatedly fail to act.
• Building register: A new register of medium-rise residential buildings in England would help identify blocks still slipping through the net, backed by penalties for failure to register.

Why now?

A growing number of contractors complain developers are opting for full cladding replacement where more limited targeted works would make buildings safe. The standardised FRAEW regime and independent audits are, in effect, the government's answer.

Building safety minister Baroness Blake said: "It's unacceptable that so many people have been left living in homes with dangerous cladding, anxiously waiting for those responsible to take action."

Ministers estimate the Bill would accelerate repairs for around 12,000 residents, including 3,000 whose buildings might otherwise never be fixed.

The target stands: every building over 11m with unsafe cladding should either be remediated or have a clear completion date by the end of 2029. Whether a simpler claims test finally moves manufacturers to contribute — or to settle — will decide how fast the queue shrinks.

By Amara Osei