Building Safety & Cladding: A Complete Guide
Navigate the post-Grenfell building safety crisis: your rights, protections, and what to do if affected
Last updated: January 2026
Background: Why Building Safety Matters
The Grenfell Tower fire on 14 June 2017 was the deadliest residential fire in the UK since World War II, claiming 72 lives. The tragedy exposed critical failures in building safety regulations and revealed that thousands of buildings across the country had dangerous cladding and other fire safety defects.
In the aftermath, thousands of buildings have been identified with unsafe cladding requiring remediation, affecting hundreds of thousands of leaseholders who found themselves trapped in unsellable, unmortgageable properties - through no fault of their own.
The Building Safety Act 2022
After years of campaigning by leaseholders, Parliament passed the Building Safety Act 2022 - the most significant building safety legislation in a generation. The Act introduced new protections for leaseholders, created the Building Safety Regulator, and established mechanisms to hold developers and building owners accountable for remediation costs.
What Types of Defects Are Covered?
Building safety issues go beyond just cladding. The Act covers a range of "relevant defects" that pose safety risks:
- Unsafe cladding - ACM (aluminium composite material), HPL (high pressure laminate), and other combustible cladding systems
- Missing or defective fire breaks - Cavity barriers that should prevent fire spread between floors
- Defective compartmentation - Failures in fire-stopping between flats and common areas
- Combustible insulation - External wall insulation that can accelerate fire spread
- Defective balconies - Combustible materials in balcony construction
Why This Matters to You
Even if your building appears unaffected, you may have hidden defects. Many buildings with no visible cladding issues have been found to have serious compartmentation failures or missing fire breaks that only become apparent during intrusive surveys.
Leaseholder Protections
The Building Safety Act 2022 introduced significant protections for leaseholders in buildings over 11 metres (roughly 5 storeys) or with at least 2 residential units. These protections limit what you can be charged for fixing historical building defects.
Who Is a "Qualifying Leaseholder"?
You are a qualifying leaseholder if you meet one of the following conditions:
Primary Residence Test
The flat was your only or main home on 14 February 2022, or you acquired it after that date and it became your only or main home within 6 months.
Property Value Test
You owned no more than 3 UK residential properties on 14 February 2022, and if you acquired the flat after that date, you must still own no more than 3 UK residential properties.
Wealth Test
Your total worldwide property holdings (excluding your main home) were worth less than £2 million on 14 February 2022.
What Are the Caps on Charges?
For qualifying leaseholders, the Building Safety Act caps what you can be charged for remediation work:
Buildings 18m+ (6+ storeys)
Zero cap - Qualifying leaseholders pay nothing towards cladding remediation costs
Non-cladding defects also capped at £0 if the freeholder is linked to the developer
Buildings 11-18m (5 storeys typically)
Cladding remediation capped based on property value:
Inner London: £15,000 cap
Outer London: £10,000 cap
Rest of England: £10,000 cap
Important Exception
These caps apply to qualifying leaseholders. Non-qualifying leaseholders (such as buy-to-let landlords with large portfolios) may still face significant charges, though there are some secondary protections in the legislation.
Cladding Safety Scheme (CSS)
The Cladding Safety Scheme (CSS) is the government's main funding mechanism for remediating unsafe cladding on residential buildings 18 metres or higher. It replaced the earlier Building Safety Fund and represents a £5.1 billion commitment to address the crisis.
Who Can Apply?
Applications must be made by the building owner (typically the freeholder or managing agent), not individual leaseholders. However, the scheme covers:
- Residential buildings 18m+ in height in England
- Buildings with unsafe cladding systems (ACM, HPL, or other dangerous materials)
- Buildings where the developer has not agreed to remediate
What the Scheme Covers
The CSS covers the full cost of remediating unsafe cladding systems, including:
- Removal and replacement of unsafe cladding
- Associated scaffolding and access equipment
- Professional fees (architects, fire engineers, project managers)
- Related fire safety works discovered during remediation
How Long Does It Take?
The government has set deadlines for remediation work to be completed:
All cladding remediation to be completed by 2029
Registration remains open but early application is strongly encouraged
For more information, visit the Cladding Safety Scheme guidance on GOV.UK.
Buildings 11-18m: Recent Funding Changes
Buildings between 11 and 18 metres have historically faced a more complex situation than taller buildings. While leaseholders in these buildings have legal protections under the Building Safety Act, government funding has been less comprehensive.
Cladding Safety Scheme Expansion
The Cladding Safety Scheme (CSS) now provides funding for cladding remediation on buildings between 11-18 metres, not just buildings over 18m. The government has announced additional investment to extend funding to social housing providers on equal terms. Buildings 11-18m can apply through the CSS where developers cannot be held responsible.
What This Means for Leaseholders
Extended Government Funding
Buildings 11-18m with unsafe cladding can now apply for government funding through the Cladding Safety Scheme (CSS), covering the majority of remediation costs.
Developer Responsibility First
The government still expects developers who signed the Developer Remediation Contract to fund works before public funding is used. Government funding is available where developers cannot be held responsible.
Leaseholder Caps Still Apply
Qualifying leaseholders are still protected by the £10,000-£15,000 caps established in the Building Safety Act, regardless of funding source.
Timeline for 11-18m Buildings
The government has set 2031 as the target date for completing all remediation work on buildings between 11-18 metres. Building owners are encouraged to register with the scheme as soon as possible to ensure funding availability.
Action Required
If you live in a building between 11-18m with cladding concerns, contact your freeholder or managing agent to ensure they have registered with the Cladding Safety Scheme. Early registration improves the chances of timely remediation.
Buildings Under 11m: Limited Protections
Buildings under 11 metres (typically 4 storeys or fewer) fall outside the scope of most Building Safety Act protections and government funding schemes. This reflects the lower fire risk associated with shorter buildings, where means of escape is generally simpler.
What This Means
- No leaseholder contribution caps under the Building Safety Act
- No access to the Cladding Safety Scheme
- Remediation costs may fall to leaseholders through service charges
Exceptional Cases Funding
There is limited funding available for buildings under 11m in exceptional circumstances. This is typically reserved for cases where:
- The building has been assessed as presenting an unusually high fire risk
- The building design or layout creates specific fire safety concerns
- There are vulnerable residents who would face particular difficulty evacuating
What Options Exist?
Developer Claims
If the building was constructed after April 2007, you may be able to pursue the original developer under the Defective Premises Act 1972, which now has a 30-year retrospective period for building safety defects.
Warranty Claims
Check if your building has an NHBC or other structural warranty that covers the defects. These typically last 10 years from construction.
Collective Action
Working with other affected leaseholders to pursue legal claims or negotiate with the freeholder can be more effective than individual action.
Key Deadlines
The government has established clear deadlines for remediation work to be completed. Understanding these timelines is important for holding building owners and developers accountable.
Developer Remediation Contract
Major developers signed contracts committing to remediate buildings they constructed. Over 50 developers have signed, covering billions of pounds in remediation costs.
CSS Extended to 11-18m Buildings
The Cladding Safety Scheme extended to cover buildings 11-18m. Building owners encouraged to register immediately to secure funding allocations.
18m+ Buildings Complete
All buildings 18 metres and above should have completed cladding remediation. The Building Safety Regulator will enforce compliance.
11-18m Buildings Complete
All buildings between 11-18 metres should have completed cladding remediation under the extended deadlines.
Building Safety Regulator Enforcement
The Building Safety Regulator has powers to enforce remediation deadlines, including issuing remediation orders and taking action against non-compliant building owners. If your building is not progressing towards remediation, you can report concerns to the Regulator.
Developer Remediation
The government has secured commitments from major developers to fund remediation work on buildings they constructed. The Developer Remediation Contract represents a significant shift in accountability for building safety defects.
Who Has Signed?
Over 50 developers have signed the Developer Remediation Contract, including household names like:
View the full list of signatories on GOV.UK
What the Contract Covers
- Remediation of all life-critical fire safety defects, not just cladding
- Buildings 11m+ constructed in the last 30 years
- Assessment and remediation within agreed timelines
- Reimbursement of costs already paid by leaseholders or government
What If a Developer Hasn't Signed?
Developers who refuse to sign face significant consequences:
- Prohibited from building: Non-signatories cannot gain building control sign-off on new developments
- Named and shamed: The government publishes lists of non-signing developers
- Responsible Actors Scheme: Developers outside the scheme face additional regulatory barriers
What To Do If Your Building Is Affected
If you suspect your building has cladding or fire safety issues, taking the right steps early can make a significant difference. Here's a practical guide to navigating the process.
Check if your building is registered
Ask your freeholder or managing agent whether your building has been registered with the Cladding Safety Scheme or is covered by a Developer Remediation Contract.
Request documentation
Under the Building Safety Act, residents in higher-risk buildings have rights to request building safety information. Ask for fire risk assessments, EWS1 forms, and information about any known defects in writing from your managing agent.
Establish your qualifying status
Gather evidence of your ownership date and property holdings to confirm you are a qualifying leaseholder protected by the Building Safety Act caps.
Connect with neighbours
Building safety issues affect everyone. Connecting with other leaseholders helps share information, costs, and provides collective strength in dealings with the freeholder.
Seek specialist advice
Consider consulting with a solicitor who specialises in building safety claims, particularly if you're facing service charges for remediation or having difficulty selling.
Report to the Regulator if needed
If your building owner is not taking appropriate action, you can report the situation to the Building Safety Regulator who has enforcement powers.
Key Contacts
- LEASE (Leasehold Advisory Service)
Free, government-funded advice service for leaseholders
- Building Safety Regulator
Report building safety concerns and non-compliant building owners
- Cladding Safety Scheme
Information about government funding for 18m+ buildings
EWS1 Forms & Selling Your Property
The External Wall System (EWS1) form was introduced in late 2019 to provide a standardised way to assess external wall fire safety. While the form has helped some leaseholders sell or remortgage, it has also created significant challenges.
What Is an EWS1 Form?
The EWS1 form is a fire safety assessment of a building's external wall system, completed by a qualified fire engineer or building surveyor. It rates the building on a scale:
Generally Mortgageable
A1: No combustible materials in external wall
A2: Combustible materials present but no remediation needed
B1: Combustible materials present but fire risk is low
May Affect Mortgage/Sale
A3: Attachments (e.g., balconies) may need remediation work
B2: Remediation of external wall is required
When Is an EWS1 Required?
Following RICS guidance updates in 2021, EWS1 forms are not required for:
- Buildings under 11 metres (unless specific concerns exist)
- Buildings 11-18m with no cladding or only masonry/brick/stone cladding
- Houses and bungalows (even if leasehold)
However, some lenders and mortgage surveyors may still request EWS1 forms outside these guidelines. This inconsistency remains a significant issue in the market.
Selling with Building Safety Issues
Selling a property in a building with known safety issues is challenging but not impossible:
Gather All Documentation
Provide buyers with full transparency: EWS1 forms, fire risk assessments, remediation timelines, and information about government funding applications.
Highlight Leaseholder Protections
Inform buyers about Building Safety Act protections and caps. Many buyers don't know these protections exist and can be transferred to new owners.
Consider Cash Buyers
Cash buyers don't require mortgage approval, removing one of the main barriers. Some specialist investors focus on affected buildings at discounted prices.
Flexible Lenders
Some lenders are more willing to lend on affected buildings, particularly where government funding has been confirmed. A specialist mortgage broker can help identify options.
Interim Measures & Ongoing Costs
While awaiting remediation, many buildings require interim safety measures. These can create significant ongoing costs for leaseholders, though protections exist under the Building Safety Act.
Waking Watches
A waking watch is a fire safety patrol where trained personnel continuously monitor a building for signs of fire. They are often required by fire risk assessors as an interim measure until remediation is complete.
Cost Impact
Waking watch costs can exceed £100,000-£300,000 per year for a medium-sized building, translating to thousands of pounds per leaseholder annually. Qualifying leaseholders should not be paying for these costs under the Building Safety Act protections.
Alarm Systems as an Alternative
The Waking Watch Relief Fund provided grants to install common alarm systems as a cost-effective alternative to waking watches. Installing an alarm system typically costs a fraction of a year's waking watch costs and eliminates the ongoing expense.
If your building still has a waking watch, ask your managing agent whether an alarm system has been considered and whether funding is available.
Insurance Issues
Buildings with cladding issues often face dramatically increased insurance premiums - in some cases, premiums have increased by 500% or more. This is one of the most significant ongoing costs for affected leaseholders.
Protection Under the Act
Qualifying leaseholders are protected from building insurance cost increases attributable to building safety defects. Any increase above the rate of inflation may be challenged.
FCA Guidance
The Financial Conduct Authority has issued guidance requiring insurers to treat affected leaseholders fairly. Report concerns about insurance costs to the FCA or Financial Ombudsman.
Collective Bargaining
Some resident groups have successfully reduced premiums by working with specialist brokers or joining with other affected buildings to negotiate collective policies.
How OpenCourtyard Helps
Building safety issues require collective action. OpenCourtyard provides the platform for affected leaseholders to coordinate, share information, and support each other through the remediation process.
Coordinate with Neighbours
Building safety is a collective issue. Our platform helps you connect with all leaseholders in your building to share information, coordinate responses to the freeholder, and present a united front in negotiations.
Document Building Status
Keep a centralised record of EWS1 assessments, fire risk assessments, remediation timelines, and correspondence with the freeholder. This creates an audit trail and ensures all residents have access to the same information.
Share Information & Experiences
Use our community forums to discuss building safety issues, share experiences of dealing with managing agents, and learn from other buildings that have successfully navigated remediation.
Track Remediation Progress
Keep all leaseholders updated on remediation milestones, funding applications, and important deadlines. Transparency builds trust and ensures no one is left behind.
Important: This guide provides general information and is not legal advice. Building safety law and funding schemes change frequently - always verify current rules with official sources and consider seeking professional advice for your specific situation.
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