Update to the Remediation Acceleration Plan and the Remediation Bill

The Government’s update to its Remediation Acceleration Plan (“RAP”) gives landlords no other choice up than to sit up and take action to fix residential buildings with unsafe cladding. 

The RAP, published in December 2024 and updated in July 2025, sets out three key objectives:

1. fix buildings faster;
2. identify all 11m+ residential buildings with unsafe cladding; and
3. support residents.

To reinforce the commitments put forward by the RAP, the Government plans to progress its Remediation Bill and enshrine deadlines in law for the remediation of buildings above 11m. Failure to remediate by the deadline is not an option and the penalties for not taking heed are severe, including criminal prosecution with unlimited fines and/or imprisonment. 

This article outlines the key upcoming changes the Government is implementing to achieve these objectives. 

Objective 1 – fix buildings faster

The Government has made clear that the remediation of buildings and ensuring they are safe is the responsibility of landlords. Cladding that presents a critical life safety risk must be remediated. 

To support this objective, the Government plans to implement a stronger regime by introducing clear statutory deadlines and new powers to combat those that resist progress. Landlords must be aware of and adhere to the timelines so as to avoid the sanctions for non-compliance. 

In particular, the Government intends to introduce a legal Duty to Remediate through the Remediation Bill. Once enacted, it will be an offence to obstruct the assessment or remediation of an unsafe building over 11m in height without reasonable excuse. Those hindering progress will face financial penalties as a deterrent. 

To provide certainty around the Duty to Remediate, the Remediation Bill will put into statute the timescales for the completion of remediation currently set out in the RAP: 

1. Buildings over 18 metres must be remediated by the end of 2029. Any landlord who has failed to meet this deadline will face criminal prosecution, with unlimited fines and/or imprisonment.
2. Buildings over 11m must be either remediated or have a date for completion by the end of 2029. Failing this, the landlord will be escalated to the Government’s regulatory partners for investigation and enforcement.

Where the deadline for remediation has passed, and enforcement options have not been effective, new Remediation Backstop powers will allow local authorities (“LA”) and Homes England (“HE”) to apply to the First Tier Tribunal for permission to carry out the remedial works themselves and recover the costs of the same from the landlord or, if a landlord fails to repay, enforce the sale of the building to fund repayment. 

The Government also intends, through new legislation, to strengthen sanctions and enforcement for non-compliance of Remediation Orders. 

Support for social landlords

The Government recognises that social landlords face challenges in remediating buildings at pace, including access to capital, the ability to recover costs from third parties, and access to the necessary technical and professional capabilities.

As such, the Government has published a Joint Plan with social landlords and regulators to accelerate remediation of social housing in England. The aim of this is to free the social housing sector up to build more of the 300,000 social and affordable homes the Government plans to deliver in the next ten years. 

For more information on the Joint Plan, please see our article in which we discuss the key sections of the same.

Improving the remediation assessment pathway

The industry has been subject to inconsistent and often conflicting advice on required remedial works due to the ability of different parties commissioning different fire risk assessments for the same building. This lack of clarity slows progress. 

To tackle this, the Government through its new legislation intends to legally require FRAEWs to follow the PAS 9980 framework. FRAEWs will have to be conducted by assessors who meet specified requirements, and audits will be undertaken to ensure consistency and quality across assessments. 

Objective 2 – identify all 11m+ residential buildings with unsafe cladding

The Government and HE launched a national identification drive in November 2024 with a view to identifying all 11m+ residential buildings with unsafe cladding. 

In instances where cladding is identified and the building is not part of a remediation programme, responsible parties are contacted through the CSS. Communications are being issued with the aim of achieving swift remediation, including letters being issued every 10 days. Local regulators will be asked to step in where answers or actions are not forthcoming. 

Landlords should therefore expect to receive such letters and work with HE to ensure any of its 11m+ buildings are being remediated in line with the Government’s targets. This may include regularly reporting on progress through the Government’s new National Remediation System, a data platform constituting the single source of reference for all buildings over 11m+.

Objective 3 – support residents

Landlords will, going forward, need to ensure compliance with the Code of Practice for the Remediation of Residential Buildings to improve residents’ experiences through the provision of appropriate information, meaningful engagement, and considerate planning.

The Government has confirmed its commitment to tackling excessive insurance premiums and as such has confirmed that the Fire Safety Reinsurance Facility has been renewed. Building owners are encouraged by the Government to take advantage of the facility to ensure the best possible deal for residents. The Government also intends to tackle, through recent consultations, the receipt of commissions for managing insurance and the provision of information on building insurance to leaseholders. 

Evacuated buildings

The Government is introducing a new duty on Fire and Rescue Services and local authorities requiring them to issue Enforcement or Improvement Notices at the same time as any evacuation orders. This legal pressure aims to ensure landlords commit to remediating empty buildings which, by virtue of being empty, present no immediate risk. Non-compliance with Enforcement and Improvement Notices is a criminal offence. 

Ensuring the industry pays

The Building Safety Levy will come into effect from 1 October 2026. Local authorities, registered building control approvers, the BSR and developers are encouraged to prepare ahead of the introduction of the levy in October 2026. There are, however, certain exemptions including for affordable or public sector housing. 

Conclusions and the Remediation Bill

It is encouraging that the Government is taking such bold steps to remove obstacles to remediation and put residents at the forefront of policy. It is hoped that new measures being implemented will enable landlords to better progress remediation, but landlords must be mindful of the harsh sanctions of non-compliance. 

We expect that the Government’s commitments will soon be published in the Remediation Bill, which is being brought forward as soon as parliamentary time allows. 

For further information please contact Mark London, Kathryn Kligerman, Bethany Penman or Alicia Ogborn.