Guidance

Guidance for Responsible Entities: Developer Remediation Contract

Published 1 July 2025

Applies to England

Introduction

1. This guidance is to support the Responsible Entity – which may be the Freeholder, Managing Agent, Resident Management Company, Right to Manage company or similar - of an 11m+ building which is covered by the Developer Remediation Contract.

2. It is not intended to cover every aspect of the Developer Remediation Contract. It is provided in good faith and without prejudice to assist Responsible Entities and developers to avoid unnecessary delays in making homes safe. It is not legal advice, and you should continue to seek independent legal advice as needed. It refers to clauses in the Developer Remediation Contract which is available on GOV.UK.

3. A Responsible Entity with legal responsibility for the safety of one or more 11m+ buildings should keep the building(s) safe. For Buildings covered by the Developer Remediation Contract, this will typically involve facilitating the remedial works for which the Participant Developer has accepted responsibility.

4. For buildings that are at least 18 metres in height or have at least 7 storeys, and contain at least 2 residential units, Responsible Entities may also have duties relating to managing fire and structural safety risks as an Accountable Person or Principal Accountable Person, as introduced by the Building Safety Act 2022. This guidance does not alter these responsibilities. More information on these roles can be found on GOV.UK.

5. The working relationship between the Participant Developer and those responsible for the building is key to a successful remediation project. It supports remediation at pace and to the required standard. This guidance explains the terms of the Developer Remediation Contract to ensure that all parties understand the Participant Developers’ obligations, and to provide guidance on how to work together successfully throughout the project.

6. Over 50 developers have signed the Developer Remediation Contract with the Ministry of Housing, Communities, and Local Government (MHCLG). You can check if the developer of your building has signed the Contract (making them a ‘Participant Developer’) on GOV.UK. By signing the contract, the Participant Developer also takes responsibility for works needed to fix buildings constructed or refurbished by other companies in their company group; in this guidance, references to buildings being constructed or refurbished by a Participant Developer also cover work done by other entities in their group. Below is a non-exhaustive summary of some of the responsibilities on Participant Developers that are set out in the Developer Remediation Contract. We encourage you to also review the publicly available Contract linked above as well as seek independent legal advice.

• Participant Developers must take necessary action as set out in the Contract to address life-critical fire-safety defects arising from the design and construction of buildings 11 metres and over in height that they developed or refurbished in England over the 30 years prior to 5 April 2022
• Participant Developers must keep residents and leaseholders in those buildings informed about progress towards meeting this commitment
• Participant Developers must reimburse taxpayers for funding spent on remediating their buildings
• Under the Contract, Participant Developers are not required to make additional improvements to the building or to fix issues that arise from poor maintenance or wear and tear. Neither are Participant Developers required to fix issues which arise solely from alterations that have been carried out to the building by third parties, after the original completion date of the building
• Under the Contract, Participant Developers are only required to do work to fix life-critical fire-safety risks covered by the Developer Remediation Contract. If it is considered that additional work is needed, it would need to be unavoidable and necessary to complete the Works and obtain relevant regulatory approvals and final assessments of the building (defined as ‘Qualifying Assessments’) and must meet the definition of being ‘Necessary Betterment Work’ in the Contract
• The Contract does not generally require Participant Developers to pay for interim fire safety measures (including waking watch costs or costs associated with the installation or maintenance of temporary alarms), increases in insurance premiums, leaseholder compensation or costs incurred prior to them taking responsibility for the building except where these were incurred in a government fund and covered by approved Pre-Tender Support (this is funding that was provided to the applicant to prepare for the project)

Accelerating Remediation

7. In December 2024, government published the Remediation Acceleration Plan. alongside a joint plan to accelerate developer-led remediation and improve the resident experience.

8. As of 30 June 2025, 39 developers have signed up to the joint plan. The developers who signed the joint plan are collectively responsible for over 95% of the buildings that developers will directly remediate.

9. The joint plan includes 35 commitments by developers and Government. Developers that signed up to the joint plan have committed to accelerate remediation, including stretch targets to:

• assess all their buildings by end July 2025
• start or complete remedial works on 80% of their buildings by end July 2026
• start or complete remedial works on all their buildings by end July 2027

10. The list of developers that have signed up to the joint plan and these timelines can be found on GOV.UK. You should check whether the developer responsible for your building has signed up to the joint plan commitments. Government expects Responsible Entities to work with developers as far as is reasonably possible to help to meet those stretch targets.

11. As set out in both the Remediation Acceleration Plan and in the joint plan, the government is clear that those responsible for buildings must act responsibly to ensure defects are fixed as quickly as possible. The government intends to legislate to create new remediation duties and ensure that regulators hold all actors to account through effective enforcement. Responsible Entities of buildings covered by the Developer Remediation Contract are expected to work with developers to facilitate remedial work. This guidance should be used so that you can work with your Participant Developer to ensure remediation can progress at pace.

Determining whether a building requires works

12. Where your building is covered by the Developer Remediation Contract, the Participant Developer must use reasonable endeavours to identify and assess whether your building requires remedial works to address life-critical fire safety defects that arise from the original design, construction, or refurbishment of the building by the Participant Developer. This assessment process may include consideration of any internal defects that may be identified in a Fire Risk Assessment (FRA) for the building, along with defects identified through a Fire Risk Appraisal of External Walls (FRAEW) if that is deemed necessary.

13. When determining whether a building requires works, Participant Developers will use reasonable endeavours to obtain an Up-to-Date FSA and/or FRAEW and may either choose to use (1) an existing ‘Up-to-Date’ FRA and/ or FRAEW, or (2) carry out their own assessment(s) of the building:

• “Up-to-Date” is defined in the Contract.
• Assessment(s) must follow the PAS 9980 standard for external walls, and relevant standards for internal defects. A Fire Risk Assessment that follows the methodology set out in PAS 79-2 would typically meet this requirement and should be available from the Responsible Person who is responsible for fire safety in the building.
• Participant Developers must ensure that assessments on which they rely are carried out by a suitably experienced, qualified, independent and competent assessor.

14. Building safety standards evolve over time, and this can lead to confusion if there are assessments against different standards for the same building. PAS 9980 replaced government’s 2020 Consolidated Advice Note (CAN) on building safety. CAN was withdrawn in January 2022. PAS 9980 takes a more proportionate approach to building safety and was developed for competent fire engineers and other building professionals undertaking a FRAEW.

• If you are a Responsible Entity whose building’s external walls were assessed against CAN, then please note that the developer who is responsible for remediating your building is required under the Contract to obtain an assessment against PAS9980. The PAS 9980 assessment may find that the required works are different to those previously proposed under the CAN.
• If you are a Responsible Entity whose building was originally in the Building Safety Fund, then under certain conditions (which are set out in the Contract) government may have agreed to transfer the building out of the Fund for the Participant Developer to remediate directly. In such cases, the developer will need to acquire a PAS 9980 assessment if the existing assessment is against the older CAN. The PAS 9980 assessment may find that the required works are different to those previously proposed under the CAN.

15. If the assessment(s) find life-critical fire safety defects which are a result of the original design or construction or from the Participant Developer’s refurbishment of the building, the Participant Developer will be responsible for remediating and/or mitigating them.

16. If the assessment(s) obtained by the Participant Developer leads the Participant Developer to determine that works are not required to your building, the developer is required to submit the assessment(s) to MHCLG.

17. To support the Participant Developer to assess the need for remedial works you should:

• Provide the Participant Developer with any relevant existing documents regarding the buildings as soon as possible. This may include any assessments of the building, including the FRA, details of any interim measures, and additional information such as the evacuation strategy.
• Give the Participant Developer access to the building to carry out any necessary further assessment. This is not expected to be a protracted negotiation over an access license and may not always require an access license at all. If you decide that an access agreement is needed, you should make every effort to agree this quickly, including using available draft templates so that homes can be made safe without delay.

18. The Participant Developer is required to cover the costs of obtaining the assessment(s). It is our understanding that many buildings are being taken forward with low or no legal costs, and remedial works on some buildings has slowed because of disputes over the amount. We expect all parties to work in good faith to avoid this.

19. If the Participant Developer is unable to gain access to the building for an assessment or to carry out works, their obligations under the Developer Remediation Contract regarding the building may be suspended until this is resolved. The Participant Developer is not required to pay unreasonable or unusual fees to a third party to secure access.

20. In the case of a dispute regarding access arrangements before a Works Contract has been signed, government has published guidance on a process for resolving this quickly.  Alternatively, the developer and Responsible Entity can select a mutually acceptable alternative dispute-resolution mechanism. MHCLG expects parties to work together in good faith to resolve disputes so that life-critical fire safety defects can be mitigated as quickly as possible.

21. The developer must make sure that any assessment on which they rely is carried out by an independent, competent assessor and complies with the relevant standard set out in the Contract terms. Government regularly audits assessments on which developers rely in order to make sure that they are compliant with the requirements in the Contract. If you have questions or concerns about the assessment process, please email MHCLG. We cannot provide legal advice, but we may be able to help you to get the building remediated more quickly.

Agreeing the scope of remedial works

22. Subject to some exceptions, if the assessment(s) confirm that remedial works by the Participant Developer are required, the Participant Developer is required to use all reasonable endeavours to agree a Works Contract with you. The requirements in respect of the works contract are set out under clause 6.3 of Schedule 1 of the Developer Remediation Contract.

23. The Participant Developer is required to reimburse your reasonable costs to agree the Works Contract. This may include costs of professionals who can advise you on the technical aspects of the proposed works, and legal advice on preparing the works contract. For avoidance of doubt, we do not expect reasonable costs to include a full team of professionals who will mirror the technical team appointed by the developer as, given that the developer will be conducting the remediation, we do not deem this to be necessary. The costs incurred must be reasonable, agreed in advance of services being engaged, properly incurred and evidenced, and relate only to the costs of carrying out or completing the works for which the developer is responsible. MHCLG expects you to work with the developer to agree the Works Contract as soon as you reasonably can.

24. The section above explains the process the Participant Developer is required to go through to assess if a building needs remedial works under the Developer Remediation Contract. It is possible that the Participant Developer’s assessment or an assessment that you hold may recommend works that that go beyond the defects which the Participant Developer is obligated to remediate under the terms of the Developer Remediation Contract. For example, if a defect is the result of wear and tear or a poor maintenance issue then this will typically fall outside the scope of the Contract. In such cases, you may want to negotiate with the Participant Developer for them to include additional works in their plans, for which you will cover the costs (or arrange for another appropriate party to do so). These types of issues should not block agreement to life-critical fire safety works that the Participant Developer is required to undertake.

25. In the case of a dispute over how the required works will take place before a Works Contract has been signed, government has published guidance on a process for resolving this quickly. Alternatively, the developer and Responsible Entity can select a mutually acceptable alternative dispute-resolution mechanism.

26. Insurance cover can cause unnecessary delay to making homes safe. We recommend that the Responsible Entity and Participant Developer (or their brokers) exchange details of building insurance at the earliest opportunity and move quickly to resolve any concerns. It is not acceptable for life-critical works to be delayed due to disagreements over insurance.

Carrying out remedial works and supporting residents

27. For buildings that have been determined to require works, the Developer Remediation Contract obligates the Participant Developer to keep residents and leaseholders (and other users of the buildings) updated on the steps it intends to take to fulfil its obligations to make the building safe. We expect developers and Responsible Entities to work together to make sure that residents and leaseholders are kept informed of progress. Most Participant Developers have signed up to the Code of Practice for the Remediation of Residential Buildings, committing to make sure that remedial works are carried out in a manner that minimises disruption to residents.

28. You should work with the developer to provide high quality engagement with residents and leaseholders. The Participant Developer should send you relevant information relating to the remediation work and will likely request that you pass this on. If you are unable or unwilling to do this then the Participant Developer is required to contact the residents and leaseholders directly following a written request, which will in many cases be less efficient. Providing accurate and detailed information will help residents and leaseholders to feel confident that all parties are working together to resolve the situation and will provide reassurance about the planned works. It will also encourage co-operation which may help the works to progress more smoothly. For example, the Participant Developer or their contractor may need to access individual flats to complete some of the assessments or remedial works, or arrange for the temporary loss of car parking spaces to allow space for equipment or scaffolding.

29. Remedial works are likely to have a significant impact on the day-to-day lives of residents. You and the Participant Developer are encouraged to abide by the Code of Practice for the Remediation of Residential Buildings which sets out that residents should receive regular, up-to-date communications about the project and meaningful engagement. Responsible Entities and Participant Developers are strongly encouraged to set out clearly how and when residents can expect that engagement, and how it can be delivered most effectively. You are also strongly encouraged to work with the Participant Developer to minimise the disruption to residents during the works. This may involve providing as much certainty as possible about the impact of planned works, where reasonable, offering them a choice of when certain works will take place, and alternative accommodation if required. The Code of Practice for the Remediation of Residential Buildings provides guidance on how you can support them during this period.

30. Although high-quality assessments should be carried out before remedial works commence, it is possible that further defects will be found when remedial works are underway. If so, you should work with the Participant Developer to determine whether those defects are covered by the Developer Remediation Contract or will need to be funded separately.

31. In most buildings, residents are able to remain in the building while remedial works are carried out. If this is not the case, the Participant Developer is required to cover the cost of providing residents with alternative accommodation where reasonably considered necessary.

Seeking regulatory approvals

32. Participant Developers have to obtain the usual regulatory approvals for remedial works, including building control approval and (where applicable) planning approval.

33. On 1 October 2023, the Building Safety Regulator (BSR) became the Building Control Authority for all higher-risk buildings in England. If your building is over 18 metres in height, Participant Developers must apply to the BSR for building control approvals before starting building remedial works. This is not new in terms of assessment of plans and site inspections – but it is a new method of delivery. Building work on 18m+ residential buildings is overseen through the BSR’s gateways process. BSR approval must be obtained:

• Before starting building work
• Before significant changes are made during construction
• When building work is completed

Further information on the Building Safety Regulator can be found on HSE.GOV.UK.

Securing assurance after remedial works have been completed

34. In addition to complying with the obligations to secure building control sign-off, the Participant Developer is required to submit a ‘Qualifying Assessment’ to MHCLG confirming that remedial work meets the required standards and the risk from life-critical fire safety defects has been reduced to a tolerable level. MHCLG will audit those assessments. MHCLG expects that as good practice, and to meet any specific duties regarding a building of 18 metres or more in height or with at least 7 storeys, the developer would share all relevant information about the safety of a building with the Responsible Entity.

35. The EWS1 form is a mortgage valuation form that is used by some lenders. It is not a statutory building safety certificate. The Developer Remediation Contract does not place any requirements on Developers in relation to EWS1 forms.

Holding developers to account

36. Government monitors developer compliance with the Developer Remediation Contract and publishes data on the remediation progress of residential buildings over 11 metres with unsafe cladding in England. This includes the progress that each Participant Developer is making. Scroll down and choose the latest Building Safety Remediation: monthly data release.

37. If you are concerned by the performance or conduct of the Participant Developer and have been unable to resolve it with them directly, please consider sharing your concern and details of your building by emailing MHCLG.

38. MHCLG reserves right to change this guidance as needed.