[UPDATED OCT 2023. Info for guidance only see legal advice before relying on this]
Following the passing of the Building Safety Act and associated fire regulations, looking after the safety of the Pad and its residents has become more complicated. However, it is likely that the under these regulations and guidance a way forward to resolve the building safety issues confronting The Pad may be found. To help all our understanding of what is happening we are maintaining a glossary of useful information here.
Building Safety Act 2022
The key piece of legislation designed to make buildings safe post Grenfell. “The BSA includes measures to protect certain qualifying leaseholders from the cost of works to remove cladding and external wall systems which pose a risk to life. It will also implement a number of policies to improve the regulation of building safety in England.” Note, many of the processes under the act that The Pad will rely on are new and sometimes untested in the courts and in practice. This means the way forward, and the implications for leaseholders, individually and collectively, are not always clear.
https://www.legislation.gov.uk/ukpga/2022/30/contents/enacted
The Cladding Safety Scheme (CSS)
The Cladding Safety Scheme (CSS) was formally announced under the previous name – Medium Rise Scheme (MRS) in November 2022. The Pad has applied to the scheme for funding. See https://www.gov.uk/government/publications/cladding-safety-scheme/cladding-safety-scheme-overview
Fire Risk Appraisal of External Wall construction (FRAEW)
The survey required by the CSS. Has to be carried out by a surveyor on the CSS panel of Fire Risk Assessors to ensure it is undertaken in accordance with the PAS9980:2022 standard.
PAS 9980:2022
PAS 9980:2022 provides a methodology for the fire risk appraisal of external wall construction and cladding of existing multistorey and multi occupied residential buildings. It doesn’t take the place of an EWS1 (which is required when a property if bought and sold). See https://www.bsigroup.com/en-GB/standards/pas-9980/
Fire Risk Assessment under the Regulatory Reform (Fire Safety) Order 2005
Homes England
A Govt body set up in 2018 to regulate new home development. Now tasked with managing the CSS as part of a wider “Building Remediation Portfolio”. https://www.gov.uk/government/organisations/homes-england
LEASE – The Leasehold Advisiory Service
A Govt funded point of contact for leaseholders with general questions about their leases, rights, or the CSS. See www.lease-advice.org
The Fire Safety (England) Regulations 2022 introduce new duties under the Fire Safety Order for building owners or managers (responsible persons)
Fire Safety (England) Regulations 2022
New regulations which require responsible persons in multi-occupied residential buildings which are high-rise buildings, as well as those above 11 metres in height, to provide additional safety measures. The regulations impose duties or inspection on our managing agent and in some circumstances, obligations of repair and inspection on individual apartment laseholders.
Leaseholder Deed of Certificate
The deed of certificate is how you as a leaseholder can demonstrate that you qualify for protections under the Building Safety Act. See https://www.gov.uk/guidance/leaseholder-protections-deed-of-certificate-frequently-asked-questions
Landlord’s Certificate
A reciprocal to the Leaseholder Certificate aimed at establishing what thhe landlord’s obligations to qualifying leaseholder are. (Note the landlord in The Pad’s case is the Freeholder.) See https://www.gov.uk/guidance/mandatory-information-required-from-leaseholders-and-building-owners#landlords-certificate
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