This article was first published on the Batchelor’s Solicitors website prior to its merger with Birketts.
A further round of Building Safety funding is available to social housing providers, with new applications now invited.
The announcement by the Department for Levelling Up, Housing and Communities (DLUHC) confirms that the total funding pot – which aims to support the removal, replacement or remediation of dangerous non-ACM cladding from 18 metre-plus residential tower blocks – now stands at £4.5billion.
Housing association providers and leaseholders can check their eligibility for the Building Safety Fund using new guidance published by DLUHC.
The criterion for successful applications includes ensuring that any proposed remediation works are “proportionate” to the level of risk created by the cladding.
Importantly, any applications for funding must include a copy of a Fire Risk Appraisal of External Walls (FRAEW), using the new PAS 9980:2022 code of practice.
When judging whether an application for funding is successful, the DLUHC has said that the FRAEW report will ultimately be used to decide the safety of a building’s external wall system, whether any work is required and, if so, the extent of remediation work required.
If an application for funding has already been submitted, the previous criteria still applies but it a social housing provider is in the initial stage of making an application, they can opt to transfer to the new, risk-based approach set out in PAS 9980.
The latest round of funding only applies to high-rise residential tower blocks with a height in excess of 18 metres.
However, a similar scheme is being planned for mid-rise residential blocks between 11 and 18 metres tall. Currently, the onus is on the original developer or building owner to arrange and pay for cladding remediation. But, where an organisation cannot be identified or is found not to be responsible, central government funding will shortly be made available to cover the cost of repair and removal.
It is expected that any funding for mid-rise developments will cover those built under section 106 agreements but where a development was commissioned by a housing association, they will be deemed to be responsible for all remediation costs.
No closing date has yet been set for the latest round of applications and the DLUHC has said that it will provide fair warning of a cut-off.
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The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at January 2023.