The Cladding Remediation Bill: what it means for you and how to prepare

The Ministry of Housing, Communities and Local Government (MHCLG) announced the introduction of the Building Safety (Remediation of Unsafe Cladding etc) Bill to the House of Commons on 14 October 2026.

Only the initial draft of the Bill has so far been published, and it will be subject to review and amendment during that process. We will provide further updates on key developments during the parliamentary journey.

Introduction

The Bill introduces new duties to assess and remediate unsafe external walls, a registration regime for medium-rise residential buildings, enhanced regulatory information and enforcement powers, and substantial changes to construction product liability. 

The Bill turns the remediation focus to “Medium Rise” 11-18 storey multiple occupation residential buildings completed before June 2022 with fire safety risks. It seeks to establish who is responsible for dealing with those risks by setting out a mandatory process for risk assessment and reporting for responsible persons, with significant criminal sanctions for non-compliance.

In policy terms, this appears to shift focus from larger developers and housebuilders. 

A notable feature of the Bill is that liability does not necessarily fall on the party responsible for creating the problem. In many residential developments, the relevant repairing obligations are vested in residents’ management companies, RTM companies, or resident-controlled freehold companies. Those entities may therefore become the responsible entity despite having not been involved in the design, specification, or construction of the building. The practical challenge for those now responsible and their professional advisers will be identifying risks, complying with statutory timescales, and pursuing appropriate recovery routes against those who may ultimately be responsible for the defects. New and stronger mechanisms will be available to regulators and residents where remediation does not happen. It also makes important amendments to the Building Safety Act 2022 (“the BSA”), Housing Act 2004, Fire Safety Order (“FSO”) and landlord and tenant legislation. 

For developers, resident management companies, building owners, managing agents and construction product manufacturers, the overall direction is therefore towards earlier identification of risk, clearer responsibility for remediation, stronger regulatory intervention, and potentially greater corporate exposure where obligations are not fulfilled. 

Executive summary: The principal changes proposed by the Bill 

A new assessment and remediation regime for existing buildings

Part 1 applies principally to relevant buildings completed before 28 June 2022 containing at least two dwellings and measuring at least 11 metres or five storeys. These are referred to as Chapter 1 Buildings. A “responsible entity” responsible for repairing or maintaining external walls must arrange a compliant fire risk assessment (“FRA”) and, where necessary, implement interim mitigation and remediation measures. In many cases, this will be the residents’ management company which will operate largely via its managing agent. Therefore, managing agents will be expected to carry out the necessary investigations, recommend, and implement interim measures, manage consultations and coordinate with regulators. 

Potentially substantial sanctions for non-compliance

Failure to comply with the core remediation duties can constitute a criminal offence and can attract a financial penalty of up to £500,000. Other failures carry their own sanctions, including financial penalties ranging from £14,000 plus £500 per day for continuing breaches to 5% of corporate worldwide revenue for failures relating to the provision of information and cooperation with the Housing & Communities Agency.

Public authorities can effectively step in where remediation fails

A new remediation management order regime allows the First-tier Tribunal to empower a public “remediation authority” to undertake remediation following specified compliance failures, with mechanisms for recovering the resulting costs.

One area of particular concern for residents’ management companies, RTM companies and other resident-controlled entities is the proposed Remediation Management Order regime. If a responsible entity fails to comply with its obligations, the First-tier Tribunal may grant powers enabling the remediation authority to take over the remediation process. This could result in resident-controlled bodies losing a significant degree of control over how works are procured and delivered, whilst remaining exposed to potentially substantial remediation, legal and administration costs. The regime therefore underlines the importance of obtaining professional advice and demonstrating active compliance where building safety risks have been identified.

A new regime for medium-rise buildings

Buildings coming within the new statutory thresholds for medium-rise buildings, broadly those at least 11 metres/five storeys but below 18 metres/seven storeys and containing at least two residential units, will become subject to registration and information obligations. This will essentially create a mirror regime for MRBs to what is currently in force for HRBs.

Much greater visibility of building ownership

Regulators will be able to require information about the ownership of residential blocks, extending through corporate structures to beneficial owners and associated persons. Failure to comply, or knowingly or recklessly giving materially false or misleading information, can lead to criminal and financial sanctions. 

Greater coordination between regulators

Part 4 creates statutory duties designed to coordinate the activities of local housing authorities, fire and rescue authorities and the Building Safety Regulator including, information sharing and partnership working. 

Construction product liability is significantly strengthened

The amendments to s. 149 of the BSA expand the existing cladding-product regime, including a new concept of “misleading conduct”, a revised causation test, a statutory causation presumption in specified circumstances and broader provision for recovering economic loss. Crucially, this is likely to assist contractors who have had to contribute to developers for remediation costs in recovering their losses from manufacturers, as the recovery process passes further down the supply chain.

Existing remediation enforcement mechanisms are reinforced

The Bill clarifies that limitation periods for applications for Remediation Orders, Remediation Contribution Orders and Building Liability Orders are not subject to the Limitation Act 1980. This point was not entirely clear following the BSA coming into force in 2022. Although the issue of limitation may still form part of the requisite “just and equitable” tests under these provisions, the removal of limitation barriers potentially further extends the scope of recovery opportunities for parties bearing remediation liabilities.

The Bill also permits new financial penalties of up to £500,000 for failure to comply with remediation orders.