Source · Select Committees · Public Accounts Committee

Recommendation 10

10 Accepted

Legislative changes necessary to address remediation barriers and strengthen freeholder enforcement.

Recommendation
Addressing some of these barriers will require legislative changes, for example, creating new obligations on landlords to remediate, and new enforcement powers for regulators to compel remediation or impose penalties. The Plan did not mention other barriers to pace highlighted by the NAO, such as the affordability of paying for defects that do not relate to cladding and are therefore ineligible for government funding.12 MHCLG assured us that although it needed to legislate for some of the activity in the Plan, it had “not held back” from taking action where it could in the meantime, for example through a joint plan it had agreed with developers. MHCLG explained that the purpose of the Plan had been to emphasise and 9 Qq 27, 30-31, 34; Ministry of Housing, Communities and Local Government, Building Safety Remediation: monthly data release - December 2024, 23 January 2025; C&AG’s Report, para 19 10 Qq 1, 30; C&AG’s Report, recommendation a, para 2.16; MHCLG Remediation Acceleration Plan 11 Committee of Public Accounts, Progress in remediating dangerous cladding, Sixteenth Report of Session 2019-21, HC 406, 16 September 2020, paras 4 and 23; MHCLG Remediation Acceleration Plan 12 Qq 30, 39; MHCLG Remediation Acceleration Plan; C&AG’s Report, para 1.14 11 enforce remediation responsibilities, particularly on freeholders, who it said had often been the blocker to progress.13 We therefore asked if enforcement action would be taken in the next 12 months against uncooperative freeholders and developers. MHCLG told us that it had no power over regulators, but it was equipping them to take action. MHCLG told us that it was putting £33 million additional funding into enforcement. MHCLG also explained that it was legislating for backstop dates for remediation, to introduce more severe penalties for landlords who did not act, tighter assessment standards and more rigorous duties on building owners. We therefore asked MHCLG about its timetable for introducing this legislation. MH
Government Response Summary
The government agrees to provide an update to the Committee in Autumn 2025, alongside an updated Remediation Acceleration Plan (RAP) in Summer 2025, addressing policy and legislative changes required, including strengthening legislation for cladding remediation.
Government Response Accepted
HM Government Accepted
The government agrees with the Committee’s recommendation. Target implementation date: Autumn 2025 The government is working to publish an update of the Remediation Acceleration Plan in Summer 2025; however, this is dependent on the outcome of the 2025 Spending Review. The update to the Committee will dovetail with this work, and therefore an update will be provided in Autumn 2025. The update will address the (i) policy and legislative changes required to implement the Remediation Acceleration Plan and (iii) progress in identifying buildings with dangerous cladding. For (ii), the government has not seen significant evidence that non-cladding defects are slowing down remediation. It is however committed to removing blockers to accelerate remediation and this will be included in the Autumn update. For (iv), legislation exists that addresses the enforcement of internal and external fire safety defects. The government has however seen a need to strengthen legislation to make enforcement of cladding remediation more effective. It is therefore working towards creating a legal duty on those responsible for buildings at or above 11 metres to take the necessary steps to fix their buildings within clear timescales. An update will be included in the Autumn response.