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Summary

This page gives an overview of non-cladding remediation,Ìýas defined in the Building Safety Act 2022 (‘the Act’).ÌýÌý

Non-cladding remediation means fixing aÌý°ù±ð±ô±ð±¹²¹²Ô³ÙÌý»å±ð´Ú±ð³¦³ÙÌýthat isÌýnotÌýunsafeÌýcladding.Ìý

Non-cladding remediation work includes:Ìý

• replacing inappropriate fire doorsÌý
• fixing missing compartmentationÌý
• replacingÌýcombustibleÌýwalkways or balconiesÌý
• reinforcing low-strength concrete beams to improve structural integrityÌý
• fixing anyÌýstatutoryÌýrelevant defect that is not part of the cladding systemÌý

°Õ³ó±ðÌý´¡³¦³ÙÌý±è°ù´Ç³Ù±ð³¦³Ù²õÌýqualifying leaseholdersÌýfrom unfair non-cladding remediation costsÌýbeyond a capped amount.

Who pays for non-cladding remediationÌý

Developers and building owners areÌýresponsible in the first instanceÌýfor paying for fixing non-cladding historical safety defects.Ìý

1.ÌýIf the building owner is:ÌýÌý

• the developer, orÌýÌý
• associated with theÌýdeveloperÌý

then no qualifyingÌýleaseholderÌýshould pay towards remediation.Ìý

2. If the building owner is not the developer or associated, but:ÌýÌý

• the landlord meets theÌý³¦´Ç²Ô³Ù°ù¾±²ú³Ü³Ù¾±´Ç²ÔÌý³¦´Ç²Ô»å¾±³Ù¾±´Ç²Ô, orÌý
• the property is below aÌý²õ±ð³ÙÌý±¹²¹±ô³Ü±ðÌý

they cannot ask qualifying leaseholders to pay anything towards:ÌýÌýÌý

• non-cladding remediation, orÌý
• interim measures such asÌýwaking watchÌý

Otherwise:Ìýqualifying leaseholdersÌýmay have to share costs with their landlord, with a cap on how much leaseholdersÌýhave toÌýpayÌýof:ÌýÌýÌý

• £15,000 in Greater London, orÌý
• £10,000 elsewhere in England, orÌý
• £50,000 for owners of property worth between £1 million and £2 million, orÌý
• £100,000 for owners of property worth more than £2 million.ÌýÌýÌý

These caps apply over a 10-year period, and qualifying leaseholders cannot be charged more than these amounts in total.Ìý

Find out more aboutÌýwhat leaseholders do and do not have to pay.Ìý

Sharing costs for non-cladding remediationÌýÌý

Costs for non-cladding remediation and interim measures such as waking watch, or the waking watch replacement fund, may be shared between the leaseholder and the landlord when they do not meet the criteria set out above.ÌýÌý

If you are a qualifying leaseholder, costs are capped and spread over 10 years.ÌýYou can read aÌýguide to capped costs.Ìý

Examples of non-cladding remediation workÌý

Example 1Ìý

You have aÌýqualifying lease in a relevant buildingÌýand:Ìý

• the fire doors are unsafe (due to inappropriate installation rather than wear and tear) and need to be replacedÌý
• your building’s owner is not associated with the developerÌý
• your landlord’s group net wealth exceeds £2 million per relevant building ownedÌý

Under the Act, yourÌýlandlord cannot pass on any costs for replacing the fire doors to you.Ìý

Example 2Ìý

You have a lease (qualifying or not) in a relevant building and:Ìý

• the concrete beams are unsafe and need to be reinforcedÌý
• your building owner is associated with the developerÌý

Under the Act, yourÌýlandlord cannot pass on any costs for reinforcing the concrete beams to you.Ìý

Example 3Ìý

You have a qualifying lease in a relevant building:Ìý

• the wooden balconies are combustible and need to be replacedÌý
• your building’s owner is not associated with the developerÌý
• your landlord’s group net wealth does not exceed £2 million per buildingÌý

Your building owner may be able to pass on some of the costs for replacing the balconies. What you may have to pay is capped.Ìý

The Building Safety Act 2022 protects qualifying leaseholders from unfair non-claddingÌýremediation costs.ÌýQualifying leaseholders pay nothing or an amountÌýthat’sÌýcapped based on the valueÌýof your property.