To those developers that have failed to sign the contract without good reason, let me be very clear – we are coming after you. If you do not sign, you will not be able to operate freely in the housing market (Michael Gove, Secretary of State for Levelling Up, Housing and Communities)
Coming good on his promise, the Secretary of State for Levelling Up, Housing and Communities has now taken the next step in ensuring remediation of residential buildings affected by fire safety defects by releasing details and draft regulations establishing the Responsible Actors Scheme (the Scheme) pursuant to the Building Safety Act 2022. Under the Scheme, developers will be required to enter into a remediation contract with the government (if they haven't already done so) or risk being added to a list of developers who will be prohibited from carrying out major development in England. The prohibition is wide-reaching and will not just prevent residential development. As such, any developer who has been involved in the development of at least one building exceeding 11m and containing at least one residential dwelling could find themselves being brought within the remit of the Scheme.
For further details on the proposed Scheme, please click here to read our full briefing note.
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