Building Safety Fund update 2022

The Building Safety Fund (BSF) originally opened in 2020 in the wake of the Grenfell Disaster. 

Two years on, and following the implementation of the Building Safety Act 2022, updates have been made affecting BSF applications made from 28th July 2022. 

This article gives you a high-level overview of the Building Safety Fund update 2022.

Building Safety Act 2022 

Enacted in June 2022, the Building Safety Act 2022 means that landlords are prohibited from recovering the cost of cladding remediation works from building leaseholders or tenants. 

Furthermore, there are very few remaining instances in which non-cladding related fire safety defects remediation may be recovered. Any recoverable costs will be subject to a cost-cap. The aim of the legislation and resulting new BSF application process is intended to speed up the delivery of cladding remediation work. In turn, improving fire safety for residents of affected buildings.

Developer Pledge 

The Secretary of State for Levelling Up, Homes & Communities set out that the intention is for industry, not residents, to be responsible for costs relating to cladding remediation. As a result of the government’s work on this, more than 45 developers (at the time of writing) have committed to the Developer Pledge.

According to the government website, “Developers making this commitment have also agreed to reimburse any funding received from government remediation programmes in relation to buildings they had a role in developing or refurbishing.”

Talking about the Developer’s Pledge, the government also state, “As a result of these commitments, the Department will not expect to award funding to buildings (applying after June 2022) covered by Developer Pledge commitment.

The Department will pursue those who played a role in developing unsafe buildings: it has taken powers through the Building Safety Act to hold industry to account; and has established a dedicated Recovery Unit that will identify and pursue companies that fail to do the right thing.”

Important changes to BSF

The Building Safety Fund update 2022 made changes which take effect from 28 July 22 meaning that eligible buildings with responsible entities that did not apply for funding during the initial 2020 round of applications may now apply for funding for cladding remediation works. 

In a change to the assessment methodology used in previous funding rounds, the new methodology set out in PAS 9980:2022 now defines how building eligibility is assessed. The primary eligibility requirements are: 

• Buildings must be 18 metres or taller.
• There must be at least one qualifying residential leasehold
• Cladding must be present in accordance with PAS 9980:2022
• There must be a Fire Risk Appraisal of External Wall construction (FRAEW) completed in accordance with PAS 9980:2022

Applications must be made by responsible entities for qualifying buildings. 

For applications made under the initial round of funding in 2020, your application will in most instances continue according to the original application process. There are some exceptions to this, for example if you applied for stage funding and the application has not yet been fully determined. 

In the event that you believe you may be more likely to be found eligible using the PAS9980 application process, you may change your application route. However, you would not be able to revert back to the previous application criteria and therefore could risk being eligible for less funding. 

If you are a responsible entity for buildings found ineligible under the requirements of the 2020 Building Safety Fund criteria, you should refer to Annex A of PAS 9980:2022 for more information regarding whether you may be able to submit a new application. 

At this point it is also worth noting that further guidance is expected in due course relating to buildings between 11 metres and 18 metres. 

BSF application decisions

In order to expedite applications, the Department for Levelling Up, Homes and Communities is working with the Greater London Authority and Homes England to provide support for applicants. 

Under the latest round of new funding applications, Building Safety Fund decisions will be based on recommendations and advice provided by qualified assessors in FRAEW completed in line with PAS 9980:2022. This is a change from the 2020 application process where it was a requirement to prove that specific materials were present. 

How Evolutions can help

With a team experienced in the project management of BSF-funded cladding remediation projects, Evolution5 is ideally placed to support clients responsible for affected eligible buildings. We can provide an end-to-end service from making the application to managing the delivery of cladding remediation works on your behalf. 

For more information about cladding remediation projects Evolution5 are involved in click here. 

To speak to us about your Building Safety Fund application and cladding remediation project, get in touch today by clicking the button below.