Definition of non-cladding remediation
This guidance provides an overview of non-cladding remediation and how this definition will impact you in practice.
Applies to England
Summary
This page gives an overview of non-cladding remediation, as defined in the Building Safety Act 2022 (‘the Act’).
Non-cladding remediation means fixing a relevant defect that is not unsafe cladding.
Non-cladding remediation work includes:
- replacing inappropriate fire doors
- fixing missing compartmentation
- replacing combustible walkways or balconies
- reinforcing low-strength concrete beams to improve structural integrity
- fixing any statutory relevant defect that is not part of the cladding system
The Act protects qualifying leaseholders from unfair non-cladding remediation costs beyond a capped amount.
Who pays for non-cladding remediation
Developers and building owners are responsible in the first instance for paying for fixing non-cladding historical safety defects.
1. If the building owner is:
- the developer, or
- associated with the developer
then no qualifying leaseholder should pay towards remediation.
2. If the building owner is not the developer or associated, but:
- the landlord meets the contribution condition, or
- the property is below a set value
they cannot ask qualifying leaseholders to pay anything towards:
- non-cladding remediation, or
- interim measures such as waking watch
Otherwise: qualifying leaseholders may have to share costs with their landlord, with a cap on how much leaseholders have to pay of:
- £15,000 in Greater London, or
- £10,000 elsewhere in England, or
- £50,000 for owners of property worth between £1 million and £2 million, or
- £100,000 for owners of property worth more than £2 million.
These caps apply over a 10-year period, and qualifying leaseholders cannot be charged more than these amounts in total.
Find out more about what leaseholders do and do not have to pay.
Sharing costs for non-cladding remediation
Costs for non-cladding remediation and interim measures such as waking watch, or the waking watch replacement fund, may be shared between the leaseholder and the landlord when they do not meet the criteria set out above.
If you are a qualifying leaseholder, costs are capped and spread over 10 years. You can read a guide to capped costs.
Examples of non-cladding remediation work
Example 1
You have a qualifying lease in a relevant building and:
- the fire doors are unsafe (due to inappropriate installation rather than wear and tear) and need to be replaced
- your building’s owner is not associated with the developer
- your landlord’s group net wealth exceeds £2 million per relevant building owned
Under the Act, your landlord cannot pass on any costs for replacing the fire doors to you.
Example 2
You have a lease (qualifying or not) in a relevant building and:
- the concrete beams are unsafe and need to be reinforced
- your building owner is associated with the developer
Under the Act, your landlord cannot pass on any costs for reinforcing the concrete beams to you.
Example 3
You have a qualifying lease in a relevant building:
- the wooden balconies are combustible and need to be replaced
- your building’s owner is not associated with the developer
- your landlord’s group net wealth does not exceed £2 million per building
Your building owner may be able to pass on some of the costs for replacing the balconies. What you may have to pay is capped.
The Building Safety Act 2022 protects qualifying leaseholders from unfair non-cladding remediation costs. Qualifying leaseholders pay nothing or an amount that’s capped based on the value of your property.