Question to the Department for Levelling Up, Housing & Communities:

To ask the Secretary of State for Levelling Up, Housing and Communities, what assessment he has made of the potential merits of extending rights to access (a) Remediation Contribution Orders through the First-tier Tribunal and (b) other lower-cost legal action to buildings under 11 metres where leaseholders need to pursue legal action to recover cladding remediation costs.

It is generally accepted that the life safety risk is proportional to the height of buildings.   The risk to life from historical fire safety defects is lower in buildings under 11m, therefore building safety related remediation works are required in a very small number of buildings under 11m.

In rare cases where remediation work is required in buildings under 11 metres, the government has retrospectively extended the limitation period under Section 1 of the Defective Premises Act 1972 enabling legal action against developers and contractors where works completed in the last 30 years made a dwelling not “fit for habitation”.

We would welcome examples of any specific cases under 11m where there are concerns to be raised with the Department for further review.