Key takeaways for housing associations on new remediation Code of Practice

On 27 July 2023, DLUHC published a new Code of Practice for the remediation of residential buildings ("the Code"). The Government have said they expect all remedial works projects to comply with the Code, which is particularly focused on the remediation of external wall systems, but is best viewed as a collation of helpful guidance based on existing requirements.

The Code creates no new legal obligations but failure to comply could lead to enforcement of existing legal requirements, regulatory attention and resident complaints. The Government have emphasised that residents should be the focus of remediation - see the quotation below. The Code is made up of fourteen specific requirements, each with rationale and guidance.

Given that there is nothing hugely transformative in the Code, the vast majority of housing associations will already have internal systems in place to ensure these requirements are met and exceeded. Nevertheless, its publication presents a useful opportunity for housing associations to review their processes in light of the Code and to make any changes that are required. Moreover, because the Code is not specifically aimed at housing associations and social housing but addresses all buildings and all remediation projects, it may not encapsulate all the considerations that housing associations take into account when these works are required.

Three C's jump out from the Code:

1. Communication: The Code's central tenet is communication with tenants and leaseholders. This includes engagement before the works are carried out and during the construction period. The Code contains specific guidance on a range of situations and engagement with residents' groups.
2. Conscientiousness: Residents cannot be an afterthought but, as the Government has said, need to be at the heart of thinking about how works are carried out. The Code gives the detail on issues like noise, occupation of common parts and parking spaces and dealing with concerns and complaints during the works. Specific regard should be had to the needs of residents with a vulnerability, disability or other condition which may exacerbate the effect of works.
3. Continuity: The Code's recommendations should not be viewed as a one-off 'inoculation' or a tick-box exercise, but continue and evolve as the works are carried out and the risks are fully understood. This means that these requirements should be kept under review so that best practice can be maintained.

Thought should be given to how the Code affects the negotiation of remedial works contracts and their terms. Whilst the Code’s requirements are separate from any necessary consultation process under the Landlord and Tenant Act 1985, where consultation is required, consideration should be given as to whether communications can be aligned, considered and dealt with together where possible.