Building safety update: October 2026

The latest instalment of the building safety team’s series of updates on key developments in the sector covers:

  • the Remediation of the Unsafe Cladding Bill;
  • the Taylor Wimpey decision regarding limitation of defective premises claims;
  • Building Safety Levy amendment regulations;
  • Grenfell inquiry update; and
  • guidance on FRAEWs.

Government introduces Building Safety (Remediation of Unsafe Cladding etc) Bill

  • The newly introduced Building Safety (Remediation of Unsafe Cladding etc) Bill (and accompanying guidance) intends to ensure that unsafe cladding and related fire safety defects are identified and remediated more quickly, improve transparency regarding responsibility for buildings, and strengthen enforcement where building owners fail to act. The bill also seeks to introduce new duties on entities responsible for external wall cladding in existing residential buildings over 11 metres or five storeys, requiring them to carry out fire risk assessments, implement interim safety measures and, where fire safety risks are identified, undertake remediation works. As part of the remediation works, responsible entities would be required to prepare and publish a remediation compliance plan setting out the proposed remediation strategy and timetable.
  • Beyond cladding remediation, the bill contains wider building safety reforms. These include amendments to construction product manufacturer liability under section 149 of the Building Safety Act 2022, which are designed to reduce barriers to bringing claims, the creation of a new register for medium-rise residential buildings (11-18 metres), and enhanced powers for authorities to obtain ownership information relating to residential buildings.
  • It is also worth noting that the bill will not apply to buildings that are subject to the developer remediation contract. Finally, as the bill has only recently received its first reading in Parliament, its provisions remain subject to scrutiny and will likely be amended as it progresses.

Limitation of defective premises claims and BSA 2022 – Taylor Wimpey UK Limited v Taylor Woodrow Construction & Anor [2026] EWHC 2526 (TCC)

  • A dispute arose from alleged fire safety defects at a residential development in Cardiff. An earlier arbitration brought by a related Taylor Wimpey group company, TWDL, had failed because its section 1(1)(a) claim under the Defective Premises Act 1972 (as the original employer of the defendant) was statute-barred under the law as it then stood. However, following the enactment of the Building Safety Act 2022 (BSA), the limitation period for historic DPA claims was retrospectively extended to 30 years.
  • Woodrow, the defendant, argued that the new proceedings brought by TWUK amounted to an abuse of process and an attempt to relitigate issues already determined in the arbitration. The court disagreed, holding that the TWUK had its own independent cause of action under section 1(1)(b) of the DPA (as a party that had acquired a proprietary interest in the development). The earlier arbitration had not determined the merits of the TWUK’s DPA claim, only that the original claim made by TDWL was out of time. Consequently, the court refused the application to strike out TWUK’s claim.
  • The judgment confirms that different parties may have separate rights under the DPA in respect of the same defects. Accordingly, one claimant’s unsuccessful claim does not necessarily bar another claimant from bringing its own cause of action, meaning that the failure of one claim will not necessarily prevent another from succeeding.

With the Court of Appeal having heard the Centre Point appeal in October and Hippersely Point and Triathlon due to be heard by the Supreme Court in November, there is plenty coming up on the BSA case law horizon!

Building Safety Levy amendment regulations made

Government publishes quarterly progress report on Grenfell inquiry recommendations

  • The government has published its latest progress report on implementing the Grenfell Tower Inquiry phase 2 recommendations. The report provides an update on government action across the key themes identified by the inquiry, including on:
  • It also includes a progress update on the phase 1 recommendations concerning personal emergency evacuation plans (PEEPs).
  • The report is a useful indicator of the government’s ongoing reform programme and the direction of travel for future regulation and policy. A further update is expected from the government later this year.

Government publishes guidance on fire risk appraisals of external walls (FRAEWs)

  • The government has published a suite of five guidance documents on fire risk appraisals of external walls (FRAEWs) for residential blocks of flats in England. The guidance confirms that FRAEWs should be undertaken in accordance with PAS 9980:2026, which replaces PAS 9980:2022, and by assessors with appropriate specialist competence. Existing FRAEWs completed under PAS 9980:2022 by competent assessors will generally remain valid until they require review or updating.
  • FRAEW outcomes are categorised as low, tolerable, medium or high risk. Any recommendations for further assessment, mitigation measures or remediation should be proportionate to the level of risk identified. The guide also stresses that an FRAEW supports, but does not replace, the wider fire risk assessment for a building.

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