The Remediation Bill: Why owners and managers should commission FRAEWs now

On 14 October 2026, the Government introduced the Building Safety (Remediation of Unsafe Cladding etc.) Bill, alongside a detailed guide from the Ministry of Housing, Communities and Local Government. Nine years after Grenfell, the message to owners and managers of residential buildings over 11 metres is unambiguous: identify unsafe cladding, publish a plan and fix it, or face criminal sanctions.

The Bill may still change in Parliament, but its core duties would commence just two months after Royal Assent. The most important deadline, though, is the assessment deadline, which could run out within 14 months.

The duties will apply to multi-occupied residential buildings in England over 11 metres or with at least five storeys, completed before 28 June 2022. Private, social, enfranchised and commonhold buildings are all included. Only buildings covered by the Developer Remediation Contract are excluded.

The duty falls on the “responsible entity,” i.e. whoever holds the repairing obligation. That could be a freeholder, head or sub-lessee, right to manage company or resident management company. Managing agents and owners should check the leases rather than assume where it sits.

The Bill creates three linked obligations.

Assess. Every building in scope must be assessed between 16 May 2022 and 12 months after Royal Assent, with a Fire Risk Appraisal of External Walls (FRAEW) where the fire risk assessment calls for one. Regulations will require FRAEWs to follow the PAS 9980 methodology. Every FRAEW recommending mitigation or remediation must go to Homes England for audit, and Homes England may also audit those concluding no work is needed.

Plan. Where work is recommended, a Remediation Compliance Plan is due 15 months after Royal Assent. It must set out steps and a timetable and, for companies, name the responsible director and disclose beneficial owners. It must be published and shared with residents, and its cost cannot be passed to qualifying leaseholders.

Remediate. The FRAEW’s recommendations, and any interim measures, must be carried out as soon as reasonably practicable. Regulations will define the “required remediation steps”, such as applying to the Cladding Safety Scheme. Waking watches and other interim measures are not compliance; buildings must be fixed so they can be stood down. Government funding is available for all work the duty requires.

Failing to assess without reasonable excuse will be a criminal offence. Deliberately failing to remediate could mean up to two years’ imprisonment or a penalty of up to £500,000. Directors can be prosecuted personally, and in serious cases, parent companies can be fined jointly. Unreasonably obstructing assessment or remediation carries fines of up to £40,000 for individuals.

Where owners still fail to act, the Remediation Backstop allows a local authority or Homes England to take control through a tribunal-approved Remediation Management Order. Unfunded costs are recovered with interest and secured as a land charge carrying a power of sale. The backstop does not replace prosecution, and qualifying leaseholder protections continue.

A “reasonable excuse” defence protects those acting in good faith. The surest way to rely on it is a clear, dated record of early, competent action.

PAS 9980:2026 took effect on 30 September 2026, introducing a formal pre-FRAEW triage stage, revised risk factor tables and a four-band risk outcome, giving clearer, more consistent conclusions about what each building needs.

FRAEWs completed since May 2022 under the old PAS 9980:2022 need not be repeated if they met the requirements of the time. However, every FRAEW recommending work will be audited, and a report that cannot withstand that scrutiny is a liability rather than a safeguard. An appraisal to the current edition gives owners the strongest footing for audit, funding applications and their Remediation Compliance Plan.

Do not wait for Royal Assent. Competent assessors will be in heavy demand as the deadline approaches, and the time needed for audit, funding and planning leaves little margin. An early assessment also gives the longest runway to secure funding, appoint contractors and show regulators that progress is being made.

Property managers and owners should now:

1. Identify every building in scope and confirm the responsible entity.
2. Commission a PAS 9980:2026 process including a triage and then FRAEW for any building without one, or where the fire risk assessment flags external wall concerns.
3. Have existing FRAEWs reviewed for quality and audit-readiness, and updated where they fall short.
4. Use the findings to prepare the Remediation Compliance Plan and Cladding Safety Scheme applications.