Cladding remediation: government takes action to pursue freeholders

At the beginning of the year, the Department of Levelling Up, Housing and Communities (DLUHC) announced that it was setting up a new team to "pursue and expose" those at fault for defective cladding. The DLUHC also pushed through new powers in the Building Safety Act 2022 to enable the First-Tier Tribunal to require landlords and developers, together with their associated companies, to contribute to the remediation of cladding and building safety defects.

Any doubts as to whether those new powers would be used have been dispelled by the confirmation that the new Recovery Strategy Unit set up by the DLUHC has taken its first steps in legal action against the freeholder of a 15-storey residential tower block in Stevenage for their failure to remediate unsafe cladding. This follows previous warnings that those freeholders who chose not to remediate their buildings should be held accountable.

The action at Vista Tower follows two years of delays in progressing remediation works due to a failure to agree funding under the Building Safety Fund.  The DLUHC is also considering making an application, under the Building Safety Act 2022, for a Remediation Contribution Order against other entitles associated with the freeholder to require them to contribute to the remediation costs.

The DLUHC is reportedly monitoring at least another 23 buildings registered with the Building Safety Fund where work has not progressed, and this action should therefore be seen as a warning to the industry of the potential ramifications of failing to comply with their remediation obligations.

With the re-appointment of Michael Gove as Secretary of State for the DLUHC we anticipate a robust approach to the issue of cladding remediation is expected to continue despite the current economic landscape.

If you require any further information or advice in relation to building safety please reach out to your usual Taylor Wessing contact.