Cladding Remediation Guide for Blocks of Flats
A comprehensive guide to cladding remediation for residential blocks, covering the cladding removal process, the Building Safety Fund, leaseholder protections under the Building Safety Act 2022, and EWS1 form requirements. Since the Grenfell Tower tragedy in 2017, the safety of external wall systems on blocks of flats has become one of the most pressing issues in residential property management. Thousands of buildings across England remain affected by unsafe cladding, and navigating the remediation landscape requires an understanding of the funding programmes, legal protections, and practical steps involved.
What Is Cladding Remediation?
Cladding remediation is the process of removing and replacing unsafe external wall materials on residential buildings. Following the Grenfell Tower fire, extensive testing revealed that certain types of cladding used widely on blocks of flats posed a serious fire safety risk. The most commonly affected materials include aluminium composite material (ACM) panels with polyethylene cores, high-pressure laminate (HPL) panels, and timber cladding systems. In many cases, the insulation behind the cladding and the cavity barriers within the wall system are also found to be inadequate or incorrectly installed, compounding the fire risk.
Cladding removal on a block of flats typically involves stripping back the entire external wall system to the structural frame, removing all combustible materials, and installing a new compliant cladding system that meets current fire safety standards. The works are technically complex and require specialist contractors with experience in external wall remediation. Depending on the building, the scope may extend beyond the cladding itself to include replacement of balcony materials, fire stopping between floors, and upgrades to compartmentation within the wall structure.
The scale of the cladding crisis in England is significant. Thousands of residential buildings have been identified with unsafe cladding, affecting hundreds of thousands of leaseholders. For many, the presence of dangerous cladding has made their homes unsaleable, increased insurance premiums, and created uncertainty about who will pay for the remediation works. Understanding what cladding remediation involves and the options available is the first step towards resolving the situation for any affected building. For information on broader building safety obligations, see our high-rise safety guide.
The Building Safety Act and Leaseholder Protections
The Building Safety Act 2022 introduced sweeping leaseholder protections against the costs of remediating historical building safety defects, including unsafe cladding. These protections are among the most important legislative changes in leasehold law in recent decades and have fundamentally altered the landscape for cladding remediation funding.
Qualifying Leaseholder Protections
The Act defines a qualifying leaseholder as someone who owned their property on or before 14 February 2022 and who does not own more than three UK residential properties in total. For qualifying leaseholders in buildings over 11 metres, the Act limits or eliminates their liability for remediation costs. In buildings over 18 metres, qualifying leaseholders cannot be charged for cladding removal or replacement. In buildings between 11 and 18 metres, contributions are capped based on the property's value band, with many leaseholders facing a cap of zero. These leaseholder protections cladding measures ensure that those who bought their homes in good faith are not left to bear the costs of defects they did not cause.
Developer Remediation Contracts
As part of the government's response to the cladding crisis, major housebuilders and developers have signed Developer Remediation Contracts committing them to fund the remediation of life-critical fire safety defects in buildings they developed over the past 30 years. This includes the removal and replacement of unsafe cladding systems. The contracts cover buildings over 11 metres and apply to developers who meet certain turnover thresholds. Where a developer has signed the contract and is identified as responsible for the building, they are expected to fund the cladding remediation directly. The Building Safety Act provides the legal backstop to enforce these commitments if developers fail to comply.
Building Safety Levy and Remediation Orders
The Act also introduced the Building Safety Levy, which is charged on new residential developments to fund remediation of historical defects. Additionally, remediation orders and remediation contribution orders can be sought through the First-tier Tribunal to compel building owners or developers to carry out or fund necessary remediation works. These mechanisms provide additional routes for ensuring that cladding remediation is funded without placing the burden on leaseholders, reinforcing the principle that those responsible for creating the defects should bear the cost of putting them right.
Building Safety Fund and Government Funding
The Building Safety Fund (BSF) is the principal government funding programme for cladding remediation on residential buildings in England. Administered by the Department for Levelling Up, Housing and Communities (DLUHC), the fund provides grants to cover the cost of removing and replacing unsafe cladding on eligible buildings. Understanding the eligibility criteria, application process, and available funding streams is essential for managing agents and building owners seeking to progress remediation works.
Buildings Over 18 Metres
The Building Safety Fund is primarily targeted at residential buildings over 18 metres (approximately six storeys) in height that have unsafe cladding systems. Eligible buildings can receive full funding for the cost of removing dangerous cladding and installing a compliant replacement system. The fund covers the direct costs of remediation works, including surveys, design, scaffolding, cladding removal, installation of new materials, and associated professional fees. To be eligible, the building must be a residential building in England with unsafe non-ACM cladding. ACM cladding remediation is covered by a separate fund, the ACM Cladding Remediation Programme, which was established earlier.
Buildings Between 11 and 18 Metres
For buildings between 11 and 18 metres in height, the government has established the Cladding Safety Scheme to provide funding for the assessment and remediation of unsafe cladding. This scheme extends the support previously available only to taller buildings and recognises that buildings below 18 metres can also pose significant fire safety risks if they have combustible cladding. The application process requires the building owner or managing agent to register the building and provide evidence of unsafe cladding, after which the scheme funds the necessary investigation and remediation works.
Application Process and Eligibility
Applying to the Building Safety Fund or the Cladding Safety Scheme involves registering the building through the government's online portal, providing evidence of the unsafe cladding through a fire risk assessment or intrusive survey, and submitting detailed cost estimates for the remediation works. The process typically involves multiple stages, including eligibility assessment, cost validation by independent quantity surveyors, and formal approval before funding is released. Managing agents play a critical role in coordinating the application, gathering the necessary documentation, and liaising with DLUHC throughout the process. For buildings undertaking major works of this nature, a structured project management approach is essential.
EWS1 Forms and Mortgage Implications
The EWS1 form (External Wall System fire review form) was introduced in December 2019 as a standardised assessment process for the external wall systems of residential buildings. It was developed jointly by the Royal Institution of Chartered Surveyors (RICS), UK Finance, the Building Societies Association, and other industry bodies to provide mortgage lenders with the fire safety assurance they needed to continue lending on flats in affected buildings.
What the EWS1 Form Covers
An EWS1 form is completed by a qualified fire safety professional who inspects the building's external wall system and assigns a rating. A rating of A1 means no combustible materials were identified and no remediation is needed. A rating of A2 means combustible materials are present but the fire risk is sufficiently low that no remediation is required. A rating of B1 means combustible materials are present and the assessor has identified a route to remediation, while a B2 rating means an adequate assessment of the external wall could not be made due to the complexity of the cladding system. Buildings with a B2 rating typically face the most significant difficulties in obtaining mortgage lending.
Impact on Sales and Mortgages
The EWS1 form requirement has had a profound impact on the residential property market. Leaseholders in buildings that cannot obtain a satisfactory EWS1 rating have found their flats effectively unsaleable, as prospective buyers are unable to obtain mortgage financing. Even where a sale is possible, the uncertainty around cladding and fire safety has led to significant reductions in property values. The situation has also affected remortgaging, with some leaseholders trapped on higher interest rates because their lender will not offer a new deal without a satisfactory EWS1 assessment. The government and industry bodies have worked to refine the EWS1 process, and RICS guidance now states that an EWS1 form is not needed for buildings below 11 metres, which has provided some relief.
Current Status and Developments
The EWS1 process continues to evolve. The government has introduced a professional indemnity insurance scheme for fire safety professionals carrying out EWS1 assessments to increase the number of qualified assessors and reduce assessment backlogs. For buildings that have completed cladding remediation, a satisfactory completion certificate will typically replace the need for an EWS1 form. Managing agents should work with building owners to ensure that the building's EWS1 status is clearly communicated to leaseholders and that any completed remediation is properly documented to facilitate property sales and mortgage applications.
The Remediation Process
Cladding remediation is a complex, multi-stage process that requires careful planning, specialist expertise, and effective project management. Understanding the key stages helps leaseholders and directors know what to expect and how to hold their managing agent and contractors to account throughout the project.
1. Assessment and Investigation
The process begins with a thorough assessment of the building's external wall system. This typically involves a desktop review of the original construction documents, followed by intrusive investigations where sections of the cladding are opened up to determine the materials present within the wall build-up. A qualified fire engineer will analyse the findings and produce a report setting out whether the cladding system poses an unacceptable fire risk and recommending a remediation strategy.
2. Design and Specification
Once the scope of the remediation is understood, a specialist design team develops the technical specification for the replacement cladding system. This must comply with current Building Regulations and fire safety standards, including the ban on combustible materials above 18 metres introduced by the Building (Amendment) Regulations 2018. The design stage also addresses any associated works, such as replacement of insulation, fire stopping, and balcony materials.
3. Procurement and Section 20 Consultation
Where the remediation costs are to be recovered through the service charge (and the leaseholder protections do not apply in full), the managing agent must comply with the Section 20 consultation process before appointing a contractor. This statutory process requires the landlord to notify leaseholders of the proposed works, invite nominations of contractors, obtain competitive tenders, and give leaseholders the opportunity to comment before a final decision is made. Even where the Building Safety Fund covers the costs, best practice is to follow a transparent procurement process to ensure value for money.
4. On-Site Remediation Works
The physical cladding removal and replacement works involve erecting scaffolding around the building, carefully removing the existing cladding system (including panels, insulation, and cavity barriers), and installing the new compliant system. This phase requires specialist health and safety management, including measures to protect residents from dust, noise, and disruption. Access to balconies and windows may be restricted during certain phases of the work, and the contractor must coordinate closely with the managing agent to minimise the impact on residents.
5. Completion and Sign-Off
Once the remediation works are complete, the building must be formally signed off by a qualified fire safety professional or building control body to confirm that the new external wall system meets the required fire safety standards. This sign-off is critical for releasing any remaining government funding, satisfying mortgage lender requirements, and enabling leaseholders to sell their properties. The managing agent should ensure that all completion documentation, including warranties, certificates, and as-built drawings, is properly recorded and made available to leaseholders.
Managing Agent Responsibilities During Remediation
The managing agent plays a central role in coordinating cladding remediation projects, acting as the link between the building owner, leaseholders, contractors, and government funding bodies. Effective management during the remediation process is critical for keeping the project on track, managing costs, and maintaining resident safety and confidence.
- Coordinating fire safety assessments and intrusive surveys to establish the scope of the remediation
- Managing Building Safety Fund or Cladding Safety Scheme applications, including documentation and liaison with DLUHC
- Appointing and overseeing specialist design consultants, fire engineers, and project managers
- Conducting Section 20 consultation with leaseholders where required for works funded through the service charge
- Procuring specialist cladding remediation contractors through a competitive and transparent tendering process
- Providing regular progress updates to leaseholders and directors throughout the remediation project
- Ensuring interim fire safety measures, including waking watch or alarm systems, remain in place during works
- Coordinating with the local fire and rescue service on evacuation strategies and interim safety arrangements
- Managing the impact on residents, including access restrictions, noise, and disruption during on-site works
- Obtaining completion certificates and sign-off documentation to satisfy lender and regulatory requirements
Throughout the remediation process, communication with leaseholders is paramount. Residents need to understand what is happening, why it is happening, and how it affects them. The managing agent should also ensure that all fire safety obligations are met during the works, including maintaining interim measures such as waking watch or enhanced alarm systems until the building receives its final sign-off.
Frequently Asked Questions About Cladding Remediation
Who pays for cladding remediation on blocks of flats?
The question of who pays for cladding remediation depends on the height of the building, the identity of the original developer, and whether government funding is available. Under the Building Safety Act 2022, leaseholders in buildings over 11 metres are protected from remediation costs in most circumstances. For buildings over 18 metres, the government's Building Safety Fund covers the cost of removing and replacing unsafe cladding such as ACM and HPL panels. For buildings between 11 and 18 metres, developers who are signatories to the Developer Remediation Contract have committed to funding the works. Where no developer or government funding is available, the Act caps the amount that qualifying leaseholders can be required to contribute, with many leaseholders paying nothing at all. Freeholders and building owners who are responsible for the defective cladding may also be pursued for the costs through legal action. The precise allocation of costs depends on the specific circumstances of each building, including the terms of the lease and the availability of funding streams.
What is the Building Safety Fund and how do I apply?
The Building Safety Fund (BSF) is a government programme administered by the Department for Levelling Up, Housing and Communities (DLUHC) that provides funding for the remediation of unsafe cladding on residential buildings over 18 metres in height. The fund covers the cost of removing and replacing cladding systems that pose a fire safety risk, including aluminium composite material (ACM), high-pressure laminate (HPL), and other forms of unsafe cladding. To apply, the building owner or their managing agent must register the building through the DLUHC online portal and provide evidence of the unsafe cladding, typically through a fire risk assessment or intrusive survey. The application process involves several stages, including eligibility assessment, cost validation, and approval of the remediation scope. Buildings must demonstrate that they have unsafe cladding that requires remediation and that the works cannot be funded by the original developer or building owner. The process can take several months from initial registration to funding approval, and applicants should ensure they have comprehensive documentation of the building's cladding system and fire safety assessments.
Do I need an EWS1 form to sell my flat?
Whether you need an EWS1 form to sell your flat depends on the building's height, construction type, and your buyer's mortgage lender requirements. The EWS1 (External Wall System) form was introduced in 2019 as a way for fire safety professionals to assess the external wall system of residential buildings and provide a standardised rating that mortgage lenders could rely upon. Initially, many lenders required an EWS1 form for any building over 18 metres, but the requirements have evolved significantly. The Royal Institution of Chartered Surveyors (RICS) updated its guidance so that EWS1 forms are not needed for buildings below 11 metres, and many lenders have relaxed their requirements for buildings between 11 and 18 metres where there is no indication of combustible cladding. However, some lenders still require the form for certain building types, and the absence of an EWS1 form can delay or prevent a sale if the buyer cannot obtain a mortgage. If your building has already undergone cladding remediation and received a satisfactory completion certificate, this will typically satisfy lender requirements without the need for a separate EWS1 form. Your managing agent should be able to advise on the current status of your building and whether an EWS1 assessment has been carried out.
How long does cladding remediation take?
The duration of cladding remediation varies significantly depending on the size and complexity of the building, the type of cladding being removed, the availability of funding, and the procurement process for contractors. For a typical residential block, the physical remediation works can take between 12 and 36 months from the start of on-site works to completion. However, the total timeline from initial identification of the problem to final sign-off is often much longer. The pre-construction phase, which includes fire safety assessments, intrusive surveys, design development, Building Safety Fund applications, Section 20 consultation with leaseholders, and procurement of a specialist contractor, can add 12 to 24 months or more before works begin on site. Buildings with more complex cladding systems, multiple types of unsafe material, or structural complications will take longer. Projects that require Building Safety Fund approval may also experience delays during the application and cost validation stages. Throughout the process, the managing agent should keep leaseholders informed of progress and ensure that interim fire safety measures, such as a waking watch or fire alarm system, remain in place until the remediation is complete and signed off by an appropriate fire safety professional.
Can leaseholders be charged for cladding removal?
The Building Safety Act 2022 introduced significant protections for leaseholders against being charged for cladding remediation. For qualifying leaseholders in buildings over 11 metres, the Act establishes a framework that limits or eliminates their financial liability for historical building safety defects, including unsafe cladding. In buildings over 18 metres, qualifying leaseholders cannot be charged for the remediation of cladding defects. For buildings between 11 and 18 metres, the Act caps the total amount a qualifying leaseholder can be required to contribute towards remediation at a level determined by the property's value band, with many leaseholders facing a cap of zero. A qualifying leaseholder is broadly defined as someone who owned the property on or before 14 February 2022 and who does not own more than three UK residential properties in total. Non-qualifying leaseholders, such as those who own multiple investment properties, may face higher contributions. The Act also requires building owners to explore all alternative funding routes, including claims against the original developer, warranties, and government funding, before any costs can be passed to leaseholders. If you receive a demand for cladding remediation costs, you should seek specialist advice to determine whether the demand complies with the protections under the Building Safety Act.
What interim fire safety measures should be in place during remediation?
While cladding remediation works are being planned and carried out, the responsible person for the building must ensure that adequate interim fire safety measures are in place to protect residents. The specific measures required will depend on the findings of the building's fire risk assessment, but common interim measures include the installation of a communal fire alarm system, a waking watch (where trained fire safety personnel patrol the building to detect fires and alert residents), enhanced fire risk assessments carried out at more frequent intervals, improved signage and wayfinding to assist evacuation, restrictions on the use of balconies or external areas adjacent to the affected cladding, additional fire stopping and compartmentation works to prevent fire spread, and a robust communication plan so that residents know what to do in the event of a fire. The cost of interim measures such as a waking watch can be substantial, and the government has introduced the Waking Watch Relief Fund to help buildings transition from a waking watch to a permanent alarm system, which is significantly cheaper to operate. The managing agent should work closely with the fire risk assessor and the local fire and rescue service to determine the appropriate interim measures for each building. These measures should remain in place until the remediation works are completed and the building receives sign-off confirming that the external wall system no longer poses an unacceptable fire risk.
Need Help With Cladding Remediation?
Whether your building requires cladding remediation, you need guidance on applying to the Building Safety Fund, or you want to understand your leaseholder protections under the Building Safety Act, Block is here to help. Our experienced team manages cladding removal projects and fire safety compliance across residential blocks nationwide.