Legislation Updates

New Cladding Bill Puts a Legal Duty on Building Owners to Assess and Fix Unsafe External Walls

New Bill puts a legal duty on owners of residential blocks over 11m to assess and fix unsafe cladding, with fines up to £500,000. What it means for you.

On 14 October 2026 the government introduced the Building Safety (Remediation of Unsafe Cladding etc) Bill to Parliament. If it becomes law, owners and managers of residential blocks over 11 metres would be under a new legal duty to assess their external walls, publish a plan for fixing any problems, and carry out the work – with criminal penalties for those who drag their feet.

The government says it expects every building over 11 metres with unsafe cladding to be remediated, or to have a clear completion date, by the end of 2029.

The Bill has only had its first reading in the Commons, so nothing below is law yet – but the deadlines after Royal Assent are tight, so it pays to prepare now.

What the Bill proposes

According to the government's published guide to the Bill:

  • Which buildings? Multi-occupied residential buildings in England that are over 11 metres high or have at least five storeys, completed before 28 June 2022. Both private and social sector buildings are covered. Buildings already under the Developer Remediation Contract are excluded.
  • Who is responsible? The "responsible entity" – whoever holds the repairing obligation for the building. That could be a freeholder, head leaseholder, right to manage company or resident management company.
  • Duty to assess: Buildings must have been assessed for external wall fire risk (any time from 16 May 2022) by 12 months after Royal Assent. Where a fire risk assessment recommends it, a Fire Risk Appraisal of External Walls (FRAEW) must be commissioned, following the PAS 9980 methodology. Assessments recommending work must go to Homes England for audit.
  • Remediation Compliance Plan: Where an FRAEW recommends work, a plan setting out the steps and timetable must be in place within 15 months of Royal Assent, published on the responsible entity's website and shared with residents and leaseholders. The cost cannot be passed to qualifying leaseholders.
  • Penalties: Failing to assess in time without reasonable excuse would be a criminal offence. Deliberately failing to mitigate or remediate risks as soon as reasonably practicable could lead to prosecution and up to two years' imprisonment, or a financial penalty of up to £500,000. Directors could be prosecuted where failures stem from their consent, connivance or neglect.
  • Who enforces? Local authorities, fire and rescue authorities and the Building Safety Regulator would all have a duty to enforce.
  • New 11–18m register: Residential buildings of 11–18 metres (or five to six storeys) with two or more dwellings would have to be registered, with civil penalties of up to £7,000 for failing to register, rising to £40,000 or prosecution for continued non-compliance. This is expected to come in roughly 8–10 months after Royal Assent.
  • Backstop: Where owners repeatedly fail to act, local authorities or Homes England could apply to the First-tier Tribunal to take over the remediation work.

The Bill also makes it easier to pursue cladding manufacturers for remediation costs.

What this means for you

Housing associations and councils: The duty applies to the social sector. If you manage blocks over 11 metres, you will need a clear, evidenced picture of every external wall in your stock and a realistic programme for any work identified. The Bill formalises the deadlines and the consequences.

Freeholders, RMCs, RTM companies and managing agents: Smaller organisations with one or two medium-rise blocks are most at risk of being caught out, and agents should expect to be asked to coordinate FRAEWs, plans and registration.

Responsible persons under the Fire Safety Order: Your fire risk assessment is the trigger. Since the Fire Safety Act 2021 took effect on 16 May 2022, fire risk assessments for buildings with two or more domestic premises have had to consider external walls, structure and flat entrance doors. Under this Bill, a recommendation in your FRA to commission an FRAEW starts the clock on the rest of the process.

Practical steps to take now

  1. List your buildings over 11 metres or five storeys and record their height, storeys and completion date.
  2. Check your fire risk assessments are current and properly consider the external walls – not just the internal common parts.
  3. Review any existing FRAEWs. Assessments completed since 16 May 2022 may not need repeating if they met the requirements then in force, so make sure they are on file and easy to find.
  4. Identify who holds the repairing obligation for each building, especially where ownership is layered.
  5. Plan your resident communications – compliance plans will need to be published and shared.
  6. Keep interim measures under review where external wall risks are known, and record your decisions.

How Obelisk Fire Safety can help

A good fire risk assessment is the starting point for everything in this Bill. Obelisk Fire Safety carries out fire risk assessments for residential blocks to BS 9792:2025, and to PAS 79-1:2020 for other premises, along with fire door inspections and surveys. We work with housing providers, managing agents and landlords nationwide, with a focus on the East Midlands and surrounding areas, and we can help you understand where your buildings stand and what to do next.

Call 07407 156178 or email info@obeliskfire.co.uk for a no-obligation chat.

This article is for general information and does not constitute legal advice.

Sources

Need an assessment or fire door inspection?

Tell us about your premises, location and the work you need.

Get in touch