Cladding Remediation 11m – 18m

There is a cladding remediation fund in the pipeline designed to address fire safety defects in buildings of 11-18 metres in height (Mid-Rise buildings). Called the Mid-Rise Scheme, the fund falls in line with the government’s promise that leaseholders of any building over 11 metres in height should not have to pay for unsafe cladding rectification.

Currently there is no firm date for the launch of this scheme, although we expect it to be in March this year and it is as yet uncertain as to whether it will cover both ACM and non-ACM cladding.

As soon as we have any news, we will post it on our website, so please do check back.

If you are responsible for a building that measures 11m – 18m and require remediation funding for life-critical safety issues, you should have been contacted by Homes England. If funding is not available from The Developer Pledge, you can apply for the Mid-Rise Scheme once it is rolled out.

Cladding is the process of adding a new layer of material to the exterior of a building. This could be to boost insulation, enhance weather protection, or improve the appearance of the building.

Some cladding, however, has been found to be less fire resistant than is considered safe. Wood and uPVC cladding is more prone to catching fire, whilst Aluminium Composite Material (ACM) cladding, particularly when it has flammable insulation, is considered to be the most combustible.

Aluminium composite material (ACM) is a flat panel made from two thin aluminium sheets bonded to a non-aluminium core, between three and seven millimeters thick. The panels have a painted or metallic finish, for example a copper or zinc effect.

ACM with an unmodified polyethylene filler with any type of insulation presents a significant hazard on buildings over 18 metres, and should therefore be replaced. As of 1 June 2022, there has been an outright ban on the use of these types of panels on all new buildings of any height.

In 2022 the government consulted with developers and asked them to commit to any remediation work required on properties between 11m and 18m in height that they developed or refurbished. 49 developers signed the pledge.

The Developer Pledge covers all buildings over 11 metres in height. If a residential building between 11m and 18m in height needs life-critical safety remediation work and the developer responsible cannot be found, it will be funded by the Mid-Rise Scheme, due to be rolled out across England this year.

The Building Safety Fund (BSF) covers remediation funding for residential buildings that are more than 18m in height with a tolerance of 30cm where there are life safety fire risks associated with cladding or other defects when the building owner is unwilling or able to pay for it. Leaseholders are not expected to shoulder the cost.

Launched in 2020 to cover remediation work on any buildings over 18m in height that had unsafe non-ACM cladding, the BSF was revised in July 2022 to focus more on the individual levels of risk of each building so that the highest priority cases were dealt with as quickly as possible. It now covers the remediation of any cladding considered to be unsafe.

Building Safety Fund applications for cladding remediation 18m height buildings now require a Fire Risk Appraisal of External Walls (FRAEW) – this is a measure of how combustible the materials on external walls are and if any remediation work is required. It must be carried out by a recognised professional in line with the new PAS 9980:2022 code of practice.

For cladding remediation 18m height buildings with ACM cladding, there was previously a scheme called the Private Sector ACM Cladding Remediation Fund, but this closed in December 2019. Buildings in this category will now be covered by the BSF.

The fund covers the following cladding remediation 18m costs, including Cladding Consulting’s fees:

• Any works recommended by a FRAEW report conducted on a residential building with cladding
• Access for contractors, such as scaffolding etc
• Removal and disposal of unsafe cladding
• Replacement materials
• Labour costs
• Costs of a FRAEW
• Professional fees, including Cladding Consulting’s fees
• Any essential extraordinary technical requirements
• Legal costs associated with successful cost recover action – Cladding Consulting works alongside legal experts in this field

Where a developer takes over responsibility for works on buildings already in the Building Safety Fund (BSF) process, they are required to ensure they take forward full cladding remediation for all works recommended by the Fire Risk Appraisal of External Walls (FRAEW). They must also ensure any costs incurred by applicants and leaseholders in developing the remediation project are reimbursed.

If BSF funding has already been agreed and a contract signed, the applicant will be expected to continue with the BSF process. Once the works are completed, the developer will reimburse the BSF for the works.

If funding has been agreed but no contract signed, the developer can either leave the remediation within the BSF process as above, or withdraw the building from the fund and remediate it themselves. Either way, it will be down to the developer to pay.

If funding is yet to be agreed, the developer must follow the adapted BSF process to scope out the works required.

If you are applying to the cladding remediation fund through Cladding Consulting, you can leave all of this detail to us, and we will ensure that the appropriate process is followed. If you are entering into negotiations with a developer under the Developer Pledge, we can help you by appraising your agreement via our highly specialised contract lawyers who have specific experience in this area.

Our service is designed to support leaseholders, managing agents and other parties with an interest in or responsibility for a building that has fire safety defects such as unsafe cladding.

Our long term experience in the property sector led us to identify a need for guidance through the process of applying to the cladding remediation fund, which is renowned for its complexity and known to be very time consuming.

In our specialist role, we take applicants under the fund through the entire process, from finding out whether their building has fire safety defects and arranging the necessary documentary proof, to receiving the funds to rectify the problem and appointing and managing the contractors who will undertake the remediation works.

Throughout the funding application process, we liaise closely with the fund operators to progress the claim. To ensure the security and correct handling of the funds once they are released, we have robust structures in place so that we can carefully manage the money and ensure contractors and other parties are paid accordingly. Throughout, we maintain strict financial records of all transactions to completion.

Applicants are provided access to a secure online portal where they can view documentation in real time for complete transparency. Through regular video calls, we keep applicants up to date on progress, with all meetings minuted and shared on the portal.

On completion, we hand over an electronic file containing all the drawings, warranties, plans, consents and any other documentation relating to the project. Whilst we manage everything on behalf of the applicant, we ensure that direct contracts are signed between them and all the individual parties involved, so that they have direct access to the collateral warranties once the project is finalised.

If you are eligible for funding, Cladding Consulting’s fees will be covered by it.