Royal approval for cladding repair law

Legislation granting Scottish Ministers the authority to evaluate and rectify buildings with hazardous cladding, in cases where owners do not provide consent, has been granted royal assent.

The Housing (Cladding Remediation) (Scotland) Bill enables the establishment of a Cladding Assurance Register to provide homeowners and residents with confidence in the evaluation and rectification efforts carried out on their properties.

Michael Collins, a partner at the law firm Anderson Strathern, stated: “The main provisions introduced by the new act include the authority for Scottish Ministers to evaluate cladding systems and coordinate rectification works, along with the creation of a Cladding Assurance Register and a ‘Responsible Developers Scheme’.

“The purpose of the Responsible Developers Scheme is to ensure that the construction industry addresses – or helps finance the cost of addressing – risks to human life posed by external wall cladding systems in multi-residential domestic buildings that are 11 metres tall or higher. Developers and other relevant parties are eagerly awaiting further details as these are yet to be finalised by Scottish Ministers through Regulations.

“Of particular significance will be the criteria for joining the scheme, which are anticipated to involve a requirement to make financial contributions towards evaluations and rectification works. The repercussions of not joining could be severe, potentially leading to a prohibition on carrying out development activities.”

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