CLADDING REMEDIATION IN SCOTLAND – WHERE ARE WE NOW?
Nearly nine years on from the Grenfell tragedy, remediation of unsafe cladding is very much an ongoing project in Scotland. With recent estimates suggesting that up to 1,450 mid- and high-rise residential buildings may need remedial work to address cladding fire safety risks, the scale of the task is stark. The Scottish Government has introduced a series of legislative and policy measures. This article looks at the measures taken thus far, and what’s coming next.
Single building assessments examine the risk to human life arising from unsafe cladding,
The act came into force in January 2025, ushering in key measures for assessing and remediating unsafe cladding and encouraging developers to contribute to the cost of remediation. Single building assessment A central pillar of the act is the single building assessment (SBA), which Scottish ministers are empowered to arrange for residential flatted buildings which (i) are over 11m tall (ii) were constructed (or subsequently underwent development) between 11 June 1922 and 1 June 2022 and (iii) have an external wall cladding system.
SBAs examine the risk to human life arising from unsafe cladding, generating a report which sets out (a) whether the cladding has created or exacerbated a risk to life, and if so (b) what work is needed to eliminate or mitigate the risk. Following the act’s commencement, the Scottish government published detailed standards, including the single building assessment specification which provides the methodology to be followed. In line with this, SBAs comprise two elements – the fire risk assessment of external walls (FRAEW) and the fire risk assessment (FRA).
Once remedial works have been undertaken, the SBA is updated to reflect that, and confirm that the risk is now at a tolerable level.
The intention is for the cladding assurance register to be a trusted reference point, allowing stakeholders to check and confirm a building’s cladding safety status.
The act provides that, once a building has gone through SBA, it is entered into the cladding assurance register (CAR).
Where the SBA identified necessary remedial works, the register is updated once those remedial works are completed. The intention is for the CAR to be a trusted reference point, allowing stakeholders to check and confirm a building’s cladding safety status.
The act also empowers ministers to establish a responsible developers scheme (RDS) through future regulations. The act anticipates that membership may be made conditional on developers contributing financially to the costs of SBAs and remediation and that non-members may be barred from undertaking development work. The RDS is therefore envisaged as a significant lever to encourage developer participation and cost-sharing across the sector.
However, regulations to set up the RDS have yet to be brought forward.
Meantime, other measures are being taken as part of the overall cladding remediation strategy for Scotland. For example:
In October 2025, the Scoffish government formally invited nine major developers to sign the developer remediation contract (DRC). This is a binding commitment to:
- Identify and assess relevant buildings which they developed or refurbished in the 30 years up to 1 June 2022.
- Carry out remediation work to address risk to human life arising from cladding in those buildings.
- Keep owners and residents informed on progress.
Persimmon became the first developer to sign the DRC, in December 2025.
Powers were transferred from Westminster to Holyrood in 2024, to allow for a Scottish tax on residential construction, to fund cladding remediation works. This is known as the building safety levy. It is the equivalent of the UK government’s similarly-named levy for England and it is the subject of a bill which is currently working its way through the Scottish Parliament.
In October 2025, the Scottish government formally invited nine major developers to sign the developer remediation contract (DRC). Cladding safety remains firmly on the agenda in 2026, with a number of initiatives pushing towards the goal of assessment and remediation.
The bill faced stern opposition at stage 1 of the legislative process (the general principles stage). Criticisms of the bill included that many developers already contribute to remedial work through UK taxes, that those who will be subject to the levy aren’t necessarily the parties who are to blame for unsafe cladding having been installed in the first place and that a new tax on housebuilders could negatively impact on housebuilding (against the backdrop of the well-publicised housing emergency).
The Scottish Parliament’s finance and public administration Committee raised concerns regarding the potential impact of the levy on the housing market and on the delivery of houses in areas where the viability of building sites is already a problem. The Scottish Government responded citing exemptions for affordable housing and island developments, alongside the use of a levy-free allowance to support smaller developers and small-scale rural development by removing them from the charge.
The bill passed stage 1 by 65 votes to 54, with the Scottish government indicating it was willing to work with those who have constructive complaints about the bill.
At the time of writing, the bill has just passed stage 2 (changes to the bill) and it is heading into stage 3 (final changes and vote). If it passes, the bill will become law – albeit present indications are that the levy will not be imposed on developers until 2028.
Cladding safety remains firmly on the agenda in 2026, with a number of initiatives pushing towards the goal of assessment and remediation. However, critics argue that progress to date has been slow. It remains to be seen whether the incoming measures will accelerate matters, and what impact they might have on housebuilding north of the border.
Michael Collins, Partner, Anderson Strathern
michael.collins@andersonsstrathern.co.uk
andersonsstrathern.co.uk