The Building Safety (Remediation of Unsafe Cladding etc) Bill, introduced on 14 October 2026, would place legal duties on those responsible for multi-occupied residential buildings, with fines and prosecution for non-compliance.
Key facts
- Who: Responsible entities (the parties with the repairing obligation, such as freeholders, head or sub-lessees, right to manage companies and resident management companies) of multi-occupied residential buildings in England over 11 metres or with at least 5 storeys, completed before 28 June 2022
- From: Bill introduced to Parliament on 14 October 2026; not yet law
- Source: Guide to the Building Safety (Remediation of Unsafe Cladding etc) Bill
The Ministry of Housing, Communities & Local Government has published a guide to the Bill, which was introduced to Parliament on 14 October 2026. It says the Bill is meant to drive forward the remediation of unsafe cladding and ensure that those responsible pay towards the cost.
A new legal duty. Building owners are already responsible for making buildings safe, but there is currently no clear legal duty to remediate unsafe cladding specifically. The Bill would put a duty to assess and remediate on the "responsible entity", meaning whoever holds the repairing obligation. That may be a freeholder, a head or sub-lessee, a right to manage company or a resident management company. Buildings covered by the developer remediation contract are excluded.
Assessment and plans. Responsible entities would have to assess their buildings for fire safety risks within 12 months of Royal Assent, commissioning a Fire Risk Assessment of External Walls (FRAEW) where a fire risk assessment recommends one. The Bill would require FRAEWs to follow the PAS 9980 methodology, which will be set out in regulations. Where an assessment recommends work, a Remediation Compliance Plan would be due 15 months after Royal Assent. It must be published and shared with residents and leaseholders. Homes England would audit assessments.
Penalties. Deliberately failing to mitigate or remediate as soon as reasonably practicable would be an offence, carrying up to 2 years in prison. As an alternative to prosecution, regulators could issue a financial penalty of up to £500,000. Unreasonably obstructing assessment or works would carry a fine of up to £40,000 for an individual. A "reasonable excuse" defence would apply. Directors could be prosecuted where a company's failure is due to their consent, connivance or neglect. Penalty notices could also be served on firms that control a responsible entity.
The backstop. The Remediation Backstop is a last resort. Where a regulator believes there is no realistic path to remediation by the current duty-holder, it can refer the case to the local authority or Homes England. That remediation authority must first serve a remediation notice, giving the duty-holder 3 months to provide information and 3 months to make representations. If it proceeds, it applies to the First-tier Tribunal for a Remediation Management Order, which lets it carry out the works. Additional costs not covered by government funds are expected to be recovered from the duty-holder, and expected to attract interest, through a costs notice.
Timing. The duties would start 2 months after Royal Assent. Some measures need secondary legislation, expected within one year of Royal Assent.
What this means for leaseholders and building owners
The Bill is not yet law, and its terms may change as it passes through Parliament.
For leaseholders, the guide says government funding is in place for all work required by the duty, so leaseholders should not pay towards that remediation. Freeholders could not pass penalty costs to leaseholders, and the cost of producing a Remediation Compliance Plan could not be passed to qualifying leaseholders.
For freeholders, right to manage companies and resident management companies, the guide says enforcement is intended to focus on persistent inaction rather than resident-led organisations taking reasonable steps. The Bill would give those served with a remediation notice a set period to respond, and the costs notice route allows the duty-holder to pay in full, agree a payment plan or appeal.
Sources
- Guide to the Building Safety (Remediation of Unsafe Cladding etc) Bill, Ministry of Housing, Communities & Local Government, published 14 October 2026