Which funding applies to your building?
In the aftermath of the Grenfell Tower tragedy, building safety has been at the forefront of the UK construction industry’s agenda. The Building Safety Act (BSA) was introduced to address critical safety issues, particularly around cladding, and has led to the establishment of two key funding mechanisms: the Building Safety Fund (BSF) and the Cladding Safety Scheme (CSS).
However, with multiple schemes available, it can be challenging for building owners, landlords, and developers to understand which fund applies to their projects.
This article guides you through the key aspects of the BSA, the BSF, and the CSS, and helps determine which funding solution suits your building’s needs.
What is the Building Safety Act (BSA)?
The Building Safety Act 2022 represents a comprehensive reform of building safety regulations in the UK. Driven by the findings of Dame Judith Hackitt’s review, the BSA aims to address systemic issues identified in the construction sector, focusing on a cultural shift towards safety and accountability.
The Act established new regulatory bodies, including the Building Safety Regulator (BSR), the National Regulator for Construction Products, and the New Homes Ombudsman, to oversee compliance and safety. The aim is to improve the safety and standards of all buildings and has additional requirements for higher risk buildings (HRB), such as residential buildings over 18 metres or six storeys high. Clear records of responsibilities for Accountable Persons and Dutyholders are required to ensure ongoing safety management throughout the building’s lifecycle.
There are defined legal responsibilities to ensure buildings meet modern safety standards, both during construction and when they’re occupied. Building owners, landlords and developers are responsible for costs involved in rectifying historical safety defects. Responsibility extends to those commissioning building work and participating in the design and construction process, including clients, designers, and contractors.
Key points of the BSA:
- The creation of a Building Safety Regulator led by the Director of Building Safety at the Health and Safety Executive (HSE).
- A requirement for building owners to prepare and maintain a detailed “safety case” for higher-risk buildings.
- The mandatory registration of buildings with the Building Safety Regulator.
- New rights for leaseholders, ensuring they aren’t unfairly burdened with the costs of safety improvements.
Key Takeaways:
- The Act applies to both new and existing occupied buildings over 18 metres high or seven storeys, containing at least two residential units.
- It creates a universal shift in responsibility, ensuring that safety is prioritised throughout the building’s life cycle, from design to construction and occupation.
- It introduces a more robust regulatory framework, with clearer standards for fire and building safety.
- Residents are at the core of the Act, which aims to make buildings safer and more transparent.
For full details of the Building Safety Act, refer to official guidance here.
What is the BSF?
The Building Safety Fund originally opened in 2020 to address immediate fire safety risks associated with dangerous cladding on residential buildings over 18 metres in height.
Recognising the urgency of the cladding crisis, the BSF provides grants to responsible parties—such as freeholders, resident management companies, and registered social landlords—to cover the costs of replacing non-compliant cladding.
In 2022 the fund reopened following changes designed to ensure that the level of work carried out under grant funding, matches the risk. The safety of residents remains the first priority, and work is now carried out based on formal assessment of risk.
A Fire Risk Appraisal of External Wall (FRAEW) is required to determine the risk and necessary remediation. The BSF funds all work deemed necessary in the FRAEW though this may range from installing a sprinkler system to full cladding replacement.
For claims made after July 2023, only buildings inside the Greater London area and over 18 metres fall within scope of the Building Safety Fund.
For claims made from July 2023 onwards, buildings inside the Greater London area that are between 11 metres and 18 metres fall under the scope of the Cladding Safety Scheme, as do any buildings over 11 metres outside of London.
For full details of the Building Safety Fund, refer to official guidance here.
What is the Cladding Safety Scheme (CSS)?
The Cladding Safety Scheme (CSS) applies to buildings between 11 and 18 metres in height, ensuring that safety risks associated with cladding on these structures are adequately managed. The CSS is part of the government’s wider Building Remediation Portfolio, whose objectives include ensuring resident safety from fire related risks. Homes England manages the CSS, ensuring a coordinated approach to addressing cladding safety issues across England.
Unlike the BSF, which is designed for buildings over 18 metres within the Greater London area, the CSS caters to buildings both within and outside London. It offers funding to cover the cost of necessary repairs identified through the FRAEW process, following the guidelines set out in PAS 9980:2022.
Building owners and managing agents can apply to the CSS if they meet the Responsible Entity criteria, and funding decisions are based on the recommendations provided in the FRAEW
For full details of the Cladding Safety Scheme, refer to official guidance here.
Which fund applies to your building?
Determining whether your project qualifies for the BSF or CSS depends on several factors, primarily the building’s height and location. Here’s a simple breakdown:
- Buildings over 18 metres within Greater London area: Qualify for the Building Safety Fund.
- Buildings between 11 and 18 metres within Greater London area: Likely fall under the Cladding Safety Scheme unless the claim was made before July 2023.
- Buildings over 11 metres outside the Greater London area: Likely fall under the Cladding Safety Scheme unless the claim was made before July 2023.
In all cases, you should refer to official guidance and seek specialist advice to confirm your building’s eligibility for either fund.
For all projects, it is essential to ensure that you work with qualified professionals to complete the required assessments, as this will influence the funding decisions and the scope of remediation.
Cladding Remediation Support from Evolution5
Speak to one of our experienced team members for support with cladding remediation for your building. Here are some ways we can help.
- Application support: We’ll guide you through the process of applying for funding under the Building Safety Fund or Cladding Safety Scheme, making sure your documentation is in order.
- Procurement of professional experts: For example, for the completion of a Fire Risk Appraisal External Walls following the methodology set out in PAS 9980:2022 guidance.
- Contractor engagement: Managing the tender process and supporting you to appoint an appropriately experienced contractor to complete remediation work.
- Project Management: If your building needs cladding remediation or other safety improvements, we’ll manage the entire project for you, ensuring the work is done to the highest standards.
- Cost consultancy: Fulfilling a key noted role in the administration of your grant funding, compiling estimates for funding through to cost management of the pre-construction and construction stages.
- Compliance with grant terms: Discharging Duty of Care requirements for proper management of public funds.
- Employer’s Agent/Contract Administration: Administer the contract once your contractor is appointed, ensuring completion in line with requirements.
Get in touch for an initial consultation about cladding remediation for a building you’re responsible for.