Lewis Couth of Walker Morris discusses how local authorities can leverage crucial legal tools such as remediation orders under the Building Safety Act, to help them address unsafe cladding.
Local authorities continue to face the challenge of ensuring that building owners address unsafe cladding issues across their authorities, with the Government expecting all buildings with unsafe cladding to be remediated by the end of 2029, otherwise “landlords will be liable for severe penalties.” Despite the urgency of these fire safety concerns, not all building owners are willing or financially able to cover the costs required to carry out the necessary remedial work.
To tackle this requires collaborative work to ensure landlords comply with their legal obligations and remediate defective buildings as fast as possible. Where landlords are not doing so, the Building Safety Act 2022 – a seminal and far-reaching piece of legislation that came into place after the Grenfell Tower tragedy – has introduced wide-ranging powers, including remediation orders, that the Government “expects” local authorities to use.
What is a remediation order?
Remediation orders are vital for improving building safety and accountability in the UK, addressing past failures while ensuring building owners, developers, or landlords bear responsibility for remediation. They provide leaseholder protection and help restore public trust in the safety of the housing stock.
Application for a remediation order
Local authorities in England can apply for a remediation order to ensure that a “relevant landlord” (usually the building owner) who has failed to remediate their buildings, does so. The order, granted by a First-Tier Tribunal, provides a specified date by which essential fire safety works on buildings must be completed by. A landlord who fails to comply with a remediation order may be in contempt of court and face a fine and/or imprisonment for up to two years.
While local authorities have long had powers under the Housing Act 2004 to look to compel a landlord to carry out works, the recent remediation order granted in favour of the London Borough of Tower Hamlets (represented by Walker Morris) highlights that it can be a powerful enforcement tool available to local authorities where previous notices served by a local authority have not been complied with.
The Remediation Enforcement Support Fund
To ensure safety and compliance, the Government has introduced a fund aimed at supporting local authorities to address critical building safety issues, the Remediation Enforcement Support Fund.
The application process for the fund is divided into two stages, and it is strongly recommended that local authorities seek legal advice to ensure their applications are legally sound. Local authorities risk missing out on necessary funds to address critical remedial issues if they are not legally sound.
This initiative helps address a previous barrier local authorities faced in providing them with funds to pursue a remediation order application. In the past, they would have been required to source this independently.
Funding eligibility & options
Local authorities and Fire and Rescue Authorities in England are eligible to apply for support in specific building safety legal cases that meet defined criteria, such as addressing building defects that pose a risk of fire spread. The decision to apply must be independently made by the LAs and FRAs, as the Ministry of Housing, Communities and Local Government (MHCLG) will not provide guidance or advice.
Two funding options are available to local authorities to support building safety legal cases. Option one offers up to £5,000 for initial legal advice from third-party professionals to assess the feasibility of a claim, such as determining if there is a strong case or who is responsible for remediation. This funding is provided as a lump sum. Option two provides up to £100,000 for third-party expert services to actively pursue the legal case, such as hiring legal experts to file and argue the case, with payments reimbursed quarterly in arrears. The local authorities themselves must cover any additional costs exceeding these funding limits.
The application window for the Remediation Enforcement Support Fund opened in December 2024 and will close in February 2026, providing regulators with over a year to submit their applications.
Both funding options are available for buildings in England that are over 11 metres (or five storeys) high and contain at least two dwellings, with safety defects that pose a fire risk. The building must also be one that the local authority has independently chosen to pursue based on previous assessment/enforcement work.
Summary
The introduction of the Remediation Enforcement Support Fund marks a step forward in supporting local authorities to ensure that unsafe cladding is addressed. By providing financial support and empowering local authorities with stronger legal tools, the initiative aims to overcome the challenge of a funding shortfall to commence proceedings. With the target of remediating all unsafe buildings by 2029, this approach reinforces a commitment to ensuring residents’ safety and holding landlords accountable for their responsibilities.
Lewis Couth is real estate team partner at Walker Morris