On 2 November 2023, the Scottish Government published its Cladding Remediation Bill detailing its new powers to tackle unsafe cladding in high-rises across the nation.
The Housing (Cladding Remediation) Bill gives Scottish ministers the power to “assess and remediate buildings within scope with unsafe cladding, where consent of the owners cannot be provided”.
The legislation enables the government to create a Cladding Assurance Register, the aim of which is to “give residents confidence about the assessment and works undertaken once those buildings are remediated”.
A Responsible Developers Scheme will also be established to encourage developers to pay for remediation costs. Similar to the remediation contracts in England, it is expected that the scheme will include an agreement “with potential sanctions for developers that are eligible but do not join or continue membership”, although this will be subject to further consultation.
The FPA previously reported that Scotland had already established an “in-principle” agreement through the Scottish Safer Buildings Accord to enable developers and housing organisations “identify solutions for domestic buildings affected by cladding issues”.
In May 2023, Scottish First Minister Humza Yousaf also announced that he was “prepared to take legal action” if developers refused to comply with cladding repairs.
As reported by Inside Housing, the legislation could allow judges to grant a warrant for assessors to enter a building if it is empty or if the owner has refused entry. Any failure by owners to assist with these assessments will be seen as an offence.
Housing Minister Paul McLennan said: “We are determined to safeguard people living in buildings with unsafe cladding which has been identified through the cladding remediation programme. Where work is required, it should be carried out swiftly and this Bill will allow us to build on progress to date by addressing barriers to assessment and remediation work.
“The public commitments that have already been made by many of Scotland’s developers to identify, assess, and remediate their buildings mean that public money can be focused on buildings without a linked developer.
“The opportunity for future creation of a Responsible Developers Scheme – through secondary legislation – would recognise those developers who are doing the right thing and protect the reputation of responsible operators.”