Michael Collins

The Housing (Cladding Remediation) (Scotland) Bill allows the creation of a Cladding Assurance Register to give homeowners and residents confidence in the assessment and remediation works undertaken on their buildings.

Michael Collins, partner at law firm Anderson Strathern, said: “The key measures the new act introduces are powers for Scottish Ministers to assess cladding systems and arrange remedial works, as well as the establishment of a Cladding Assurance Register and a ‘Responsible Developers Scheme’.

“The aim of the Responsible Developers Scheme is to ensure the building industry addresses – or contributes towards the cost of addressing – risks to human life posed by the external wall cladding systems in multi-residential domestic buildings which are 11 metres tall or over. Developers and other stakeholders will await the details with interest, as these are still to be fleshed out by Scottish Ministers through Regulations.

“Of particular relevance will be the rules for membership of the scheme, which are likely to include a requirement to make financial contributions toward the cost of assessments and remedial works. The consequences of non-membership could be acute, and may even extend to a ban on carrying out development work.”