In December 2022 we wrote about the Government’s pilot of the medium-rise scheme (“MRS”) for cladding remediation. Yesterday the Government announced that the re-branded MRS – now the Cladding Safety Scheme (“CSS”) – is open for applications.

Labelled as the Government’s “biggest building safety intervention to date”, the CSS will fund reasonable eligible costs for remediation works to address life safety fire risks associated with cladding and external wall systems on residential or mixed-use buildings over 11 metres tall. Within London, the CSS will be limited to buildings 11-18 metres tall, with the Building Safety Fund continuing to be available for buildings over 18 metres.

Freeholders, resident management companies, Right to Manage companies, and others who are responsible for a building’s external repair can submit an application here for the CSS. Following submission of an initial application, an applicant will be provided details to enable it to instruct a Fire Risk Appraisal of External Wall construction (“FRAEW”) undertaken in line with PAS 9980:2022. Given the previous challenges faced by applicants of other funding schemes, the CSS is encouraging applicants to select from the 37 firms on Home England’s panel of fire risk assessors which have been “trained on the CSS process and requirements”.

Once an applicant’s eligible for the CSS is confirmed, as with any building project, an applicant will need to engage various construction professionals to help plan, tender for, cost and carry out the necessary remediation works. The CSS has specific requirements in relation to matters such as the consultants who need to be engaged and provisions which must be included within any appointments and contracts. Additionally, an applicant must enter into a grant funding agreement (“GFA”) with the Government which contains a variety of detailed obligations which an applicant must meet to obtain the CSS funding.

There is little doubt that the CSS will be extremely popular especially given the Government’s joint statement with regulatory bodies requiring building owners to “get on with remediation work” or face the consequences!

Edwin Coe’s Construction Team has vast experience advising applicants of the various Government remediation schemes and is extremely familiar with both the GFA and the Government’s funding requirements. Should you have questions about the CSS, the Building Safety Fund or any building safety issues, please contact Brenna Baye or any other member of our Building Safety and Cladding Team.

Please note that this blog is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content of this blog.

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