Tower Hamlets Council has successfully taken legal action for a remediation order to ensure flammable cladding is removed from a high-rise
In a ruling handed down by the First-Tier Tribunal Property Chamber on 18 November, the application by Tower Hamlets Council for a remediation order relating to a high-rise building in Stepney was granted.
The successful action means that the building freeholder, whose details have not been released, is required to replace aluminium composite material (ACM) cladding on the building, install new cavity barriers, and replace combustible insulation without delay.
Failure to carry out this work within a set time frame could lead to further enforcement action, including an unlimited fine and/or a prison sentence.
Using powers brought about in part by the passing of the Building Safety Act 2022, the council notes that it is “the first local authority in the country to bring a legal action of this kind against a freeholder of a private building.”
Responding to the successful legal action, the Executive Mayor of Tower Hamlets, Lutfur Rahman said: “It is shocking that seven years after the devastating Grenfell Tower fire there are still high-rise buildings clad in ACM in this country.
“I believe everyone deserves to live in a safe and secure home in Tower Hamlets, and this action proves we will do everything within our power to get this.
“I am proud of what we have achieved, and it is due to the hard work and dedication of officers. This is the first action of this kind, but it will not be the last.
“We are taking this approach with other private building owners who are failing to remove dangerous cladding from their buildings, and we expect to secure more Orders in the near future.”
Tower Hamlets is one of the most densely populated and built-up boroughs in the country and council officers are currently working on securing more Remediation Orders. These will be targeted at freeholders of other high-rise buildings where progress on work to bring these buildings up to a suitably safe standard has not sufficiently progressed.
The remediation of unsafe buildings has also been a recent focus of government, with the Ministry of Housing, Communities, and Local Government (MHCLG) announcing a Remediation Acceleration Plan. This includes new objectives and targets that will identify all unsafe buildings, fix buildings faster, and support residents.
As part of this plan, all 18+ metre buildings will have been remediated by 2029, and all 11+ metre buildings must have at least begun any necessary remediation work.