Filling the gaps after Grenfell: the Building Safety (Remediation of Unsafe Cladding etc) Bill

Further to my blog post earlier this year, the Building Safety (Remediation of Unsafe Cladding etc) Bill was introduced to Parliament this week on 14 October 2026.

The Bill will be debated by MPs for the first time at its 2nd reading on 27 October 2026. Explanatory notes accompanying the Bill and government guidance from the Ministry of Housing, Communities and Local Government (MHCLG) have both been published.

As expected, there are criminal offences and financial penalties attached to non-compliance with the new duties introduced by the Bill.

The Bill comprises seven parts and three schedules. In relation to England (the position in Wales differs), the Bill includes the following:

• Part 1: Remediation of Unsafe Cladding etc. 

  This is concerned with new duties to be imposed on ‘responsible entities’ (defined in relation to responsibility for repairing or maintaining the external walls) of ‘relevant buildings’ as defined in the Building Safety Act 2022 (i.e., containing 2 or more dwellings and at least 11m or 5 storeys tall). 

  This includes duties to carry out risk assessments, mitigate risks, remediate buildings, prepare a remediation compliance plan and cooperate with other responsible entities. It also includes duties on enforcement authorities, such as local authorities, to use (new and existing) powers to enforce remediation of ‘relevant buildings’; this includes new ‘remediation compliance orders’. 

  Other means to try to promote remediation are also contained in this part. 

• Part 2: Medium-rise buildings: registration and information.

  This part is concerned with introducing a new duty to register medium-rise buildings with the ‘registrar’. As trailed in the King’s Speech, this is to establish a new 11 to 18 metre building register.

• Part 3: Building ownership information.

  This applies to a self-contained building, or self-contained part of a building, that contains at least two dwellings. 

  The provisions are concerned with a public authority obtaining ‘building ownership information’ in relation to a residential block. This includes persons ‘associated with an owner. It also covers how such information may be used. 

• Part 4: Coordinated exercise of different fire safety functions

  This part details duties for ‘relevant authorities’ (including the Building Safety Regulator, local housing authorities and fire and rescue authorities) to cooperate with one another and supply requested information. 

  It includes that the Building Safety Regulator must publish a ‘regulatory cooperation statement’. Relevant authorities other than the Building Safety Regulator must use best endeavours to enter into ‘partnership working agreements’, in order to fulfil these duties.

• Part 5: Construction product liability

  This part amends section 149 of the BSA 2022, strengthening its provisions in relation to construction product liability. 

  It also adds a new section 149A introducing the power for a court to order evidence in relation to claims under section 149.

• Part 6: Miscellaneous amendments

  This part removes any limitation period for remediation orders, remediation contribution orders and building liability orders. It adds new sections in the BSA 2022 to assist with enforcement of remediation orders and to require sums payable under a remediation contribution order to be held in trust where a payment is for a future expense or liability. 

  It also deals with scenarios under the BSA 2022 regarding landlord insolvency and under the Housing Act 2004 regarding unoccupied premises, and makes changes in relation to residential personal emergency evacuation plans (residential PEEPs). It also provides for a manager appointed by a Tribunal under section 24 of the Landlord and Tenant Act 1987 to become an ‘accountable person’ for a ‘higher-risk building’ in certain circumstances.

  (There are also changes to the right to manage in cases of  “escheat” or “bona vacantia”, that is, where ownerless property vests in the Crown.)

• Part 7: General

  This includes further details relating to penalties and offences, as well as requirements for service of documents.

The Schedules focus on how public authorities can take over remediation of fire safety risks, when group companies or controlling individuals can be held liable for penalties or costs arising from building safety failures, and the process for imposing, appealing, and recovering financial penalties for non-compliance with building safety duties and orders.

We will be covering more developments as the Bill progresses through Parliament. For social landlords, once passed, the legislation is likely to bring welcome clarity and certainty as the gaps start to close.

For further information

For further information and advice on the Bill, please get in touch.