The Building Safety (Remediation of Unsafe Cladding etc.) Bill: new duties, new penalties, new routes to redress

The Grenfell Tower fire may have been nine years ago, but fire safety and cladding remediation are still a key focus for the construction industry.

On 14 October 2026, the Building Safety (Remediation of Unsafe Cladding etc.) Bill (the “Bill”) was introduced to Parliament.

If passed, it will make important amendments to s149 of the Building Safety Act 2022 (the “BSA”), which will make it easier for developers and contractors to recover the costs of replacing unsafe cladding from manufacturers – something which they have struggled to do to date. It will also introduce duties to assess, mitigate, and remediate external wall fire safety risks in certain residential buildings in England.

Amendments to s149 of the BSA

S149 of the BSA allows certain parties to make claims against the suppliers and manufacturers of products which have been attached to or included in the external wall of a relevant building, leading a dwelling or dwellings in that building to become uninhabitable.

However, claims under s149 are presently restricted to those with a legal interest in the building. This means that the legislation in its current form fails to provide a route of recovery against manufacturers or suppliers for contractors and those developers who have not retained a legal interest in the building (such as a freehold) but have paid to remediate fire safety risks.

Claims can also be difficult to prove. Liability can only be established where it is shown that the product: (1) was defective, failed to meet regulatory requirements or was sold on the basis of a misleading statement about it and (2) was the cause, or one of the causes, of the dwellings being unfit for habitation.

The Bill plans to reduce these difficulties. If passed, it will extend the categories of person entitled to make a claim to include developers and contractors.

The threshold to prove liability will also be lowered as liability will be established where it is shown that a product: (1) is “inherently unsafe” (rather than the resent standard of defective) such that its ordinary use would create an unreasonable risk to safety; or (2) was sold on the basis of “misleading conduct” as to the product’s performance or properties. Going beyond the present legislation, this could include omissions, such as a failure to warn that use of a product in a particular way could be unsafe where that use is occurring or likely to occur.

It will also be sufficient to show that a product “caused or contributed more than trivially to” a building being unsafe – rather than being the only or main cause.

In addition, the Bill will allow courts to:

• Order disclosure of relevant product information, making it easier to ingather evidence against product manufacturers;
• Issue Building Liability Orders in respect of s149 claims. It also clarifies that no statutory time limits will apply to such orders.

The amendments to s149 will apply across the UK, bringing the relief to Northern Ireland for the first time. It will also be particularly important in Scotland, where no system of freehold exists, thus giving these potential rights to developers for the first time.

The duty to assess, mitigate and remediate

The Bill also seeks to impose a duty on those with the relevant repairing obligation (called “responsible entities”) for medium and high-rise multi-occupied residential buildings in England (that is those over 11m in height or above five stories and containing two or more dwellings):

• To assess for external wall fire safety risks, including unsafe cladding;
• To mitigate any fire safety risks by implementing recommended interim measures as soon as reasonably practicable; and
• To permanently remediate those fire safety risks as soon as reasonably practicable.

What are the consequences of failing to comply with these duties?

Failure by a responsible entity to assess fire safety risks within a defined assessment period could lead to two years’ imprisonment or a fine of up to £14,000.

More significantly, however, if a responsible entity deliberately fails to mitigate or take steps to remediate fire safety risks without reasonable excuse, they could face up to two years’ imprisonment or, alternatively, be subject to a financial penalty of up to £500,000. The “reasonable excuse” defence is intended to avoid responsible entities being unfairly penalised for delays outwith their control, such as supply chain issues or product shortages, but it is expected this will be strictly interpreted as the purpose behind the legislation is to push for more efficient remediation.

Penalties can be enforced against both the responsible entity and those who exercise control over them, including parent companies. Directors of responsible entities could also face prosecution where the failure to remediate results from their consent, connivance, or neglect. This is particularly relevant where the threat of custodial sentences exists.

In addition, the Bill will create an offence whereby individuals who unreasonably obstruct any person from assessing or attempting to remediate fire safety risks, for example, by refusing or delaying access, will face up to two years’ imprisonment or a fine of up to £40,000. Where the offence is committed by an entity, the fine can be up to 5% of their worldwide revenue.

The remediation backstop: remediation management orders

Where responsible entities fail to remediate even after enforcement action has been taken, Homes England or local authorities will be able to step in and undertake the required works and, where necessary, recover the costs of doing so from the responsible entity.

Key takeaways

Those in England will need to take action to comply with the new remediation duties, once in force, or risk facing the consequences. Those could be wide-ranging, with the potential for personal liability for directors and the removal of any protection from group structures.

More widely, the lower thresholds for establishing liability in s149 claims will make it easier for those footing the bill for remediation works, including contractors and developers, to recover their costs from the manufacturers of unsafe products. Contractors and developers will welcome these changes - though, they should note the Government’s warning: s149 claims should not be used as a reason to delay remediation works.

We will continue to monitor the Bill's progress through Parliament and will provide updates as it develops.

If you have any questions on the topic above, please get in touch with a member of our construction team below or your usual Brodies contact.