We understand that the timelines for cladding remediation projects can be long and frustrating for residents.

You may be wondering why these projects can sometimes take years to complete, especially when the solution seems straightforward from your perspective as a resident or leaseholder.

So, to help you understand the complexities involved and the process we must go through, we’ve produced this guide to give you more detailed information about the entire process with the goal of helping you to understand the different stages.

We hope it is helpful.

The nine step process

Step one – Investigation 

The first step is to identify the non-compliant or unsafe cladding. This can happen in various ways but commonly it happens through a comprehensive Fire Risk Appraisal of External Walls (FRAEW). FRAEWs are often mandated by building safety regulations and identify the building’s fire hazards, including cladding materials. FRAEW’s are usually carried out by qualified and certified fire risk assessors.

Step two – External wall assessment and material testing

Once cladding issues are identified, they must be verified and tested before recommendations are produced on how to solve the issues. This all happens at step two.

• Expert consultation: An independent cladding expert, often a fire engineer or a building surveyor specialising in cladding, is brought-in to do a thorough assessment, which includes a survey of the external walls.
• Material sampling and testing: In some cases, it is necessary to take samples of the cladding materials and subject them to laboratory testing. The tests determine the flammability and combustibility of the cladding, insulation, and other components. A common test is known as BS 8414. This British Standard specifies a large-scale fire test for cladding systems.
• Report and recommendations: Once the two stages above are complete, the cladding expert prepares a detailed report outlining their findings and makes recommendations on how to fix the problem. This report should also identify the fire risk associated with the existing cladding and highlight if the current system does not meet current building regulations. An EWS1 will be produced following the report which will either be a pass or fail rating, identifying whether works are required or not.

Step three – Pre-mobilisation of works

Based on the report produced at step two, we can start to design a solution. In order to do that, we must:

• Identify all areas of the building where non-compliant materials are present.
• Identify the most appropriate replacement materials and design a new system that meets building regulations and fire safety standards
• Developing a strategy, outlining the plan for removing the existing cladding and installing the new materials, including necessary safety measures, phasing, and access considerations. This must meet all relevant building codes and regulations.

Step four – Identify the original contractor and supply chain

Finding out who is responsible for the problem can be a challenging but is vital to ensure they take responsibility for the problems financially. This can involve:

• Reviewing building records: Examining original construction contracts, architectural plans, specifications, and any documentation related to the cladding installation to identify original contractors involved in the original building.
• Consulting with the original architects or consultants: Contacting the original architect or other consultants involved in the project to obtain information about the cladding materials and installation.
• Investigating supply chain: Tracing the supply chain back to the manufacturer and supplier of the cladding materials. This can be complex but can be crucial.
• Company and litigation Searches: Conducting searches of Companies House or equivalent business registries to determine the current status of the original contractor and any related companies. It may also involve performing searches for any past or present litigation against the contractor or related companies about similar cladding issues.

Step five – Seeking legal advice and establishing liability

In line with Government advice, Riverside seeks to fund the works through government grants and/or legal negotiations with original contractors, as they are directly responsible for carrying out the defective work. This can sometimes be the most time-consuming part of the process and can sometimes take years between our legal representatives and the original contractor to reach a satisfactory conclusion. At this stage, we will generally:

• Consult with a legal professional: Engaging a solicitor specialising in construction law and cladding disputes. They will advise on the legal options available and the potential for holding the original contractor accountable.
• Establishing negligence or breach of contract: The legal team will assess whether the original contractor breached their contractual obligations or was negligent in the selection or installation of the cladding. This may involve proving that the contractor failed to exercise reasonable skill and care or that the cladding did not meet the required standards at the time of installation.

Step six – Holding the original contractor accountable

• Pre-action protocol: Before starting legal proceedings, a formal “Letter of Claim” is sent to the original contractor, outlining the basis of the claim, the damages sought, and a request for them to rectify the defects.
• Negotiation and mediation: Attempt to negotiate a settlement with the contractor, which may involve them agreeing to pay for or carry out the remediation work. Mediation can be a useful tool for resolving disputes outside of court however these conversations can last many months.
• Litigation: If negotiations fail, legal proceedings may be necessary to pursue the claim in court.

There are some instances where the contractor refuses or is unable to fund/carry out the required remediation. Reasons for refusal include:

• Cost disputes: Disagreement over the cost of the remediation, including scope changes, unforeseen issues, or payment terms.
• Liability concerns: The contractor may fear accepting liability for the existing unsafe cladding or the potential consequences of the remediation work itself.
• Contractual issues: Disputes over the interpretation of the original contract, warranties or obligations regarding the cladding.
• Insolvency / bankruptcy: The contractor may be unable to fulfil the contract due to financial difficulties.
• Lack of expertise / resources: The contractor may lack the specialised skills, equipment, or personnel required for the specific cladding remediation.
• Health and Safety concerns: The contractor may have concerns about the safety of their workers during the process.
• Disputes with other parties: such as sub-contractors or suppliers.

The length the process outlined above can take can often lead to project delays and additional costs and we may need to make insurance claims to cover these.

Step seven – Government Funding Schemes

If the assessment finds that the building has non-compliant cladding, Riverside will apply for funding from the Government to cover the cost that would otherwise be passed on to leaseholders. The application is made to the relevant government department, which is usually the Ministry of Housing, Communities and Local Government (MHCLG) or Homes England. To do this, we must:

• Provide evidence: Riverside will need to provide evidence to support their application, including the assessment report, details of the proposed remediation work, and a breakdown of the costs.
• Wait for a decision: The Government will review the application and decide on whether to award funding. This decision can take several months, depending on the complexity of the case.
• Carry out the remediation works: If the funding is approved, Riverside can use the funds to then carry out the remediation works to remove and replace the non-compliant materials.

There are two main types of funding available from the government for cladding remediation:

• The Building Safety Fund: This fund is available to housing providers of buildings over 18 meters tall, or six storeys, in England. It provides funding to remove and replace dangerous cladding on these buildings.
• The Cladding Safety Scheme: This is commonly applied for to assist buildings 11-18 meters tall also known as the mid-rise funding. This fund can also be used on occasion for e buildings over this height where applicable.

It’s important to note that social landlords have only been eligible for funding where costs would otherwise be passed on to leaseholders.

We have weekly meetings with MHCLH to discuss our applications for funding.

Step eight – Planning and building control approvals

Before any on-site remediation work can commence, the following planning and permissions are typically required:

• Planning Permission: In many cases, replacing cladding requires planning permission, especially if it significantly alters the building’s appearance
• Building Regulations approval: Compliance with Building Regulations is essential. A Building Control Body (either the local authority or an approved inspector) must be notified of the proposed works, and they will assess the plans to ensure they meet the required standards for fire safety, structural stability, and other relevant aspects.
• New Building Safety Regulator: for buildings above 18m in height or 7 stories, a new gateway process is in place before works can be started on site (Gateway 2) and before practical completion can be reached (Gateway 3). This process is new, and we are working closely with contractors and partners to anticipate any issues with the aim of minimising any delays.

Step nine – start of works, completion and certification of work

Depending on the size of the project, works on site can often take from 12 months to two and a half years. We know the works can be very disruptive and we follow the Government Code of Practice for the remediation of residential buildings. Here’s what you can expect:

• Due to the complexity of the works to be carried out on the building, we often follow a two-stage Design and Build tendering process. This will be explained to residents when required.
• Once we are ready to start works, we will notify residents as soon as the main contractor has been appointed and organise, before site set up, a meeting a with residents and the main contractor for them to explain how the project will be delivered and managed.
• During the works inspections are carried out to ensure that all remediation works have been completed to the required standards and that the building is safe and compliant.
• After practical completion, we will obtain all necessary certifications such as the compliant EWS1 and documentation to demonstrate that the cladding remediation has been carried out in accordance with building regulations and fire safety standards. The EWS1 will be shared with all residents and leaseholders to evidence the works are complete and compliant.

Important considerations and our commitment to you

We hope that this detailed explanation gives you a clearer understanding of the cladding remediation process and what this entails.

Securing funding for cladding remediation can be a significant challenge. We need to explore all available funding options, including government grants, insurance claims, legal negotiations with original contractors and legal redress.

We are committed to maintaining an open and transparent communication with residents throughout the process, keeping them informed of progress and any potential disruptions. We have committed to provide at least quarterly written updates all residents living in properties with unsafe cladding.

This process is complex and can be time-consuming and costly. Cladding remediation projects typically take several months or even years to complete, depending on the size and complexity of the building alongside changes to the project or unexpected issues which may arise.

More information

You can read more about leaseholder protections at www.gov.uk/guidance/leaseholder-protections-on-building-safety-costs-in-england-frequently-asked-questions (if it’s easier than typing a long web address, just search “Leaseholder protections FAQ” in Google and it will appear as the first result).

Disclaimer

This information is for general guidance only and does not constitute legal advice. You should consult with legal and construction professionals experienced in cladding remediation in your specific jurisdiction for advice tailored to your individual circumstances. Regulations and legal precedents can change, so it is important to stay updated with any new developments.