The Scottish Government’s Housing (Cladding Remediation) Act became law on 21 June 2024, following passage through the Scottish Parliament on 14 May 2024. The intention of the legislation is to prevent accidents like the Grenfell Tower tragedy in London by making buildings in Scotland safer and protecting anyone living in buildings with unsafe cladding.
A ministerial group established by Scottish ministers discovered that cladding was triggering issues for people trying to sell or buy their homes in 2020. Furthermore, the procedure for repairing and resolving cladding related issues was also complex.
In 2022, Scottish Ministers announced a Cladding Remediation Programme to implement the recommendations from the ministerial group’s work.
Prior to the Housing (Cladding Remediation) (Scotland) Act passing, the Local Government, Housing and Planning Committee sought views on the Bill’s proposals. In December 2023, Propertymark replied to the consultation on the Bill, highlighting a number of areas to strengthen the proposals but overall backing plans to ensure that buildings are free from unsafe cladding and remediation will be put in place.
Following the passing of the Act, one of the most important points that property agents need to know is that the Act will allow Scottish ministers to establish a Cladding Assurance Register for all qualifying buildings to join if no remediation works are needed once a Single Building Assessment has been completed. The Register’s purpose is to provide residents with assurance that assessment and remediation works were undertaken on their buildings. It will be accessible to the public and record when safety assessments were completed, if any remediation was required, and when it was completed.
The Act applies to ‘in scope’ buildings that stand 11 metres or more above the ground, has an external wall cladding system, and has been constructed, or otherwise undergone development, between 1 June 1992 and ending 1 June 2022.
Scottish Ministers also now have the power to create a Responsible Developers Scheme intended to contribute towards the costs of addressing remediation works. It is also designed to support engagement and persuade developers to pay for or complete remediation work.
Other measures in the Act include creating powers for Ministers to organise Single Building Assessments to analyse dangers in buildings within the scope of the programme. When introduced, Ministers will have the power to ask residents, owners, and agents to provide information for the purpose of carrying out these assessments. Agents may also be required to provide information to Ministers related to the occupancy of the building, such as the address and contact details of the owner if the agent manages the block or the contact details of new tenants living in individual flats. Failure to do so when requested and providing false information will be considered an offence.
Scottish Ministers can arrange for urgent remediation work to take place if it is identified in a Single Building Assessment report, and to evacuate occupants where there is a substantial risk to their lives. Agents will likely have a role to play in informing their tenants when properties must be evacuated and when they can return to the premises. Agents should also be aware that tenancy agreements will not be considered to have been terminated, varied or altered due to any evacuation.
This is a significant piece of legislation concentrating on building safety. Property agents working with impacted buildings must familiarise themselves with the changes.
