RAAC: Housing associations and local authorities should consider legal action immediately

Since our post last week, the impact of RAAC on municipal buildings has taken a significant and unfortunate turn in that over one hundred schools have been closed due to the presence of RAAC. More schools may be closed in the near future.

Many, but not all, legal claims arising out of the use of RAAC can no longer be pursued due to the passage of time. But we know from the press that Harrow County Court, one of the affected buildings, was opened as recently as 1991.

While RAAC is mostly seen in non-residential buildings such as schools, hospitals and other buildings, RAAC may be present in the following housing stock which may have been transferred to housing associations:-

1. Housing constructed by local authorities as housing;
2. Municipal buildings which have been converted to housing; or
3. Housing built simultaneously with other public buildings – for example, school caretakers’ accommodation, or healthcare worker accommodation on NHS sites which may have been transferred to housing associations.

The immediate imperative is ensuring the safety of those using buildings affected by RAAC. If RAAC is identified, immediate urgent advice must be sought from qualified experts to determine the risk and inform immediate decisions.

One unintended consequence of the Building Safety Act 2022 is that if RAAC is present in a building constructed or refurbished in the last 30 years, a civil claim for the remedial works may exist under the Defective Premises Act 1972. Dwellings must have been fit for habitation at completion, and claims can still be pursued for dwellings completed from September 1993 onwards, against a variety of parties involved in the delivery of these homes.

Exploring such claims cannot wait – local authorities and housing associations may need to issue claims in the coming days, weeks and months to avoid these costs being borne by them, rather than recovered from the parties responsible for the design and construction of these buildings.

For more information, please contact Mark London, Kathryn Kligerman or William O’Brien.