Responding to fire safety defects

Not all defects present equal risk. Your first task is to understand whether the defect requires immediate action or can be addressed through planned remediation.

Questions to ask immediately

• Is there immediate risk to life? - Consider evacuation strategy changes if compartmentation is compromised
• Are escape routes affected? - Blocked or compromised escape routes are critical
• Is the evacuation strategy still valid? - A "stay put" strategy may not be safe if fire doors or compartmentation are defective
• Do interim measures exist? - Waking watches, enhanced monitoring, or temporary repairs

Fire safety defects fall into different categories with different urgency levels. Prioritise based on risk to life, not cost of repair.

Defect priority categories

Remediation approach depends on the type and severity of defect. For some defects, you have options; for others, specific solutions are mandated.

Common remediation approaches

• Cladding removal/replacement - For ACM and other combustible cladding systems. Most expensive but may be only compliant solution.
• Fire door replacement - Defective fire doors often cannot be repaired to standard; replacement is usually required.
• Cavity barrier installation - Can be installed retrospectively but requires specialist contractors.
• Compartmentation repairs - Fire stopping of penetrations and breaches in fire-resisting construction.
• Interim measures - Waking watch, enhanced alarm systems, or temporary compartmentation while permanent works are planned.

Remediation costs can be substantial - from thousands for fire door repairs to millions for full cladding replacement. Understanding who pays is often contentious.

Who is responsible for remediation costs?

The Building Safety Act 2022 introduced leaseholder protections that significantly changed who pays for historical building safety defects. The hierarchy is:

1. Original developers - Where developers can be identified and are still trading, they may be liable for remediation costs (especially where they signed the Developer Remediation Contract)
2. Building owners/freeholders - May be required to fund remediation, especially where they have a net worth over £2 million per building or are linked to the original developer
3. Government schemes - For qualifying buildings, government funding may cover some or all costs
4. Leaseholders - Protected from most costs under BSA 2022, but caps apply depending on property value and circumstances

Government funding schemes

Several government schemes exist to fund fire safety remediation, primarily for residential buildings.

Building Safety Fund (England)

• Purpose: Funds remediation of unsafe non-ACM cladding systems
• Eligibility: Residential buildings 18 metres or higher (or 6+ storeys)
• Status: Open for new applications (check current position)
• Covers: Removal and replacement of unsafe cladding and directly associated costs

Cladding Safety Scheme (England)

• Purpose: Funds remediation of buildings 11-18 metres with unsafe cladding
• Eligibility: Residential buildings between 11 metres and 18 metres
• Status: Rolling registration - check if your building qualifies
• Covers: Cladding remediation and associated fire safety works

Social Housing Cladding Fund

• Purpose: Funds ACM cladding remediation on social housing buildings
• Eligibility: Social housing providers with ACM-clad buildings
• Status: Ongoing - contact Homes England

Disputes over who pays for remediation are common. The Building Safety Act 2022 provides new routes for resolution.

Common dispute scenarios

• Freeholder refuses to fund - May be compellable under BSA 2022 if they meet contribution threshold
• Developer denies liability - Developer Remediation Contract creates obligations; legal action may be possible
• Leaseholders challenged on costs - Leaseholder protections should apply; challenge through First-tier Tribunal
• Lease terms unclear - Seek legal advice on service charge provisions and BSA 2022 protections

Dispute resolution routes

• First-tier Tribunal (Property Chamber) - For disputes about service charges, lease terms, and leaseholder protections
• Building Safety Regulator - Can intervene in higher-risk buildings where responsible persons are not meeting duties
• Legal action - Against developers, contractors, or others responsible for original defects
• Mediation - Often required before tribunal proceedings

If the Fire and Rescue Authority has identified defects during an inspection, you may receive formal enforcement action requiring you to address the issues.

Key points on enforcement

• Prohibition notices can require immediate closure - do not delay compliance
• Enforcement notices give a deadline (typically 28 days to 3 months) for remedial action
• You can appeal to a Magistrates' court within 21 days, but prohibition notices remain in force during appeal
• Non-compliance is a criminal offence with unlimited fines and up to 2 years imprisonment

Residents have a right to know about fire safety issues affecting their building. Transparent communication builds trust and reduces anxiety.

What to communicate

• Nature of defects - What has been found and where
• Risk assessment - Your assessment of the risk level and any interim measures in place
• Remediation plan - Timescales, approach, and expected disruption
• Funding position - How remediation will be funded and any impact on service charges
• Evacuation strategy - Whether the current strategy remains valid or has changed
• How to report concerns - Contact details for raising fire safety issues

Buildings 18 metres or higher

Additional communication requirements apply to high-rise buildings under the Fire Safety (England) Regulations 2022:

• Residents can request information about external wall construction
• You must provide results of fire risk assessments on request
• Any significant findings and remedial actions must be communicated

Comprehensive records protect you if decisions are questioned and demonstrate compliance to regulators.

Records to maintain

• Defect discovery - How and when defects were identified
• Risk assessment - Your assessment of risk and prioritisation rationale
• Professional advice - Reports from fire engineers, surveyors, or other specialists
• Remediation decisions - What approach was chosen and why
• Funding applications - Applications made, responses received, outcomes
• Contractor selection - How contractors were chosen and their qualifications
• Works completion - Certificates, sign-offs, and completion records
• Resident communications - Copies of all communications sent
• Enforcement correspondence - All notices and responses