The government introduced the Building Safety (Remediation of Unsafe Cladding etc) Bill to Parliament on 14 October 2026. It proposes stronger duties to assess and remediate unsafe external walls, alongside greater powers to intervene where work has stalled. The Bill is at an early parliamentary stage: these proposals are not yet law.
For those managing residential buildings, this is a timely opportunity to review the evidence, responsibilities and practical arrangements supporting each remediation project.
Which buildings would be affected?
The proposed remediation duty would apply to multi-occupied residential buildings in England over 11 metres or with at least five storeys, completed before 28 June 2022. Buildings covered by the Developer Remediation Contract would be excluded from this particular duty, as equivalent requirements already apply.
Responsibility would follow the relevant repairing obligations, potentially including freeholders, superior leaseholders, resident management companies and right to manage companies.
What would change?
The proposals include a new register of medium-rise residential buildings in England, more consistent external wall fire risk assessments and independent auditing. Where remedial work is recommended, responsible entities would need to share a plan with residents explaining the proposed steps and timescales. Stronger enforcement would support delivery.
A proposed Remediation Backstop would allow Homes England or a local authority to seek a tribunal order to take over remediation where the duty-holder has failed to act. Additional costs could be recovered from the duty-holder, with potential consequences for their interest in the property.
What should you review now?
Our recommendation is to use this period to establish a clear position for each potentially affected building:
- Responsibilities: confirm who holds the relevant repairing obligations and who can authorise decisions and expenditure.
- Technical evidence: review the building’s Fire Risk Appraisal of External Walls (FRAEW) or have one instructed, alongside its fire risk assessment and supporting investigations. Check that recommendations are clearly understood, any gaps in the evidence are identified and the findings inform the scope and priorities of proposed remediation.
- Delivery: check that recommended works have a defined scope, funding route, realistic programme and clear responsibility for progressing them.
- Prepare a Remediation Compliance Plan: this will become a legal duty once the Bill receives Royal Assent. It’s likely that within 15 months of Assent being granted, the need for a remeditation compliance plan will be a legal requirement. Responsible Entities should be aware that any costs associated with producing this Plan cannot be passed on to Leaseholders.
- Project records: document decisions, progress and the steps taken to resolve delays.
- Resident communication: ensure updates explain what is known, what remains under investigation and what happens next.
For asset managers, this review can also inform capital planning, acquisition due diligence and the assessment of outstanding remediation commitments.
Homes England – Auditing
Homes England will already have reviewed FRAEWs submitted as part of applications for funding under the Building Safety Fund (BSF) or Cladding Safety Scheme (CSS). However, the Bill will introduce new powers allowing Homes England to audit FRAEWs that conclude no remediation work is required.
This additional scrutiny should provide greater reassurance to leaseholders and help improve consistency in FRAEW assessments, which is currently lacking.
However, it remains unclear whether FRAEWs completed before the Bill comes into force will be eligible for audit. Under Clause 18, the purpose of an audit is to advise on whether the written assessment report should be amended. This raises an important question about what happens when Homes England’s findings differ from those of the original FRAEW assessor.
The question that many are asking is: If Homes England recommends changes to an assessment, will the original assessor be required to amend their report, or will they be able to challenge or reject those recommendations? If the assessor is not obliged to accept the findings of the audit, it is unclear how the new powers will deliver greater consistency or provide meaningful reassurance to leaseholders.
Decant
The Bill confirms that a temporarily decanted building will not be considered vacant, meaning statutory obligations will continue to apply. However, it remains unclear who will cover the costs of rehousing residents where a decant is required for external wall remediation works or because occupation of the building has been prohibited on safety grounds. The Bill does not clarify whether leaseholders will be protected from these costs or whether funding will be available. At the time of writing, temporary rehousing costs were not eligible for funding under the Cladding Safety Scheme (CSS).
How we can help
Remediation requires close coordination between investigation, engineering, design and delivery. Our building surveyors, engineers and designers can help clients understand their buildings, develop coordinated repair proposals and produce the legal requirement of the Remediation Compliance Plan for the work needed to move projects forward.
If you manage or own a building with unresolved external wall concerns, speak to your usual contact about reviewing its current position.
