The Housing (Cladding Remediation) (Scotland) Bill 2023

In November 2023, the Housing (Cladding Remediation) (Scotland) Bill 2023 was introduced to the Scottish Parliament it aims to mitigate and ideally eliminate risks to human life presented by the external wall cladding systems. It proposes a number of items:

• The creation of a Cladding Assurance Register (CAR), for homeowners and residents to have confidence in the assessment and remediation works undertaken.
• Establishing a responsible developers scheme (RDS) to support better engagement with developers and encourage them to pay for or carry out remediation work.
• Providing the possibility for single-building assessments to identify and address existing cladding systems on buildings.
• Defining responsible persons and extending liabilities concerning consent or connivance as in willingly allowing a breach of the law, including proven neglect.

The Cladding Remediation Bill was unanimously approved to legislation on May 14, 2024 giving Scottish Ministers powers to assess and remediate buildings which have unsafe cladding, where consent of the owners cannot be provided. It thus gives powers to establish the Cladding Assurance Register (CAR) as well as the Responsible Developers Scheme (RDS)

Housing Minister Paul McLennan said of the approvals: “This is a landmark moment in our efforts to make buildings safer and to safeguard homeowners and residents in buildings identified through the remediation programme as having unsafe cladding. The unanimous passing of this legislation will allow us to accelerate our work by addressing barriers to assessment and remediation and give homeowners and residents confidence in work carried out. The public commitments already made by many of Scotland’s developers to identify, assess and remediate their buildings mean public money can be focused on buildings without a linked developer.”

The Scottish Parliament notes that the Housing (Cladding Remediation) (Scotland) Bill, which passed on May 14, 2024 'is being introduced to reduce the risk to life from unsafe cladding on people’s homes. The Bill gives powers to Scottish Ministers to assess and remediate certain types of buildings with unsafe cladding. Scottish Ministers will need to record these assessments and any remediation works completed in a register. Remediate means to take action towards fixing problems. The Bill also allows Scottish Ministers to create a responsible developers scheme.'

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