The Developer Remediation Contract: A Step Towards Ensuring Building Safety

By Charlotte Barker

Head of Construction

On the 30th January 2023, the government wrote to developers asking them to sign a contract committing them to remediate unsafe buildings which they originally developed. The Government’s deadline for signature was 13 March – 39 developers signed the contract ahead of that date. At the time of writing, 49 developers have attached their names to the contract.

This contract symbolises the developers taking full responsibility for any faulty or unsuitable cladding that has been installed onto high rise buildings of over 20m.

Once signed, the contract requires developers to:

  • Take responsibility for all necessary work to address life-critical fire-safety defects arising from the design and construction of buildings 11 metres and over in height that they developed or refurbished in England over the 30 years prior to 5 April 2022.
  • Keep residents in those buildings informed about progress towards meeting this commitment and;
  • Reimburse taxpayers for funding spent on remediating their buildings.

Furthermore, the contract also includes provisions for independent inspections and audits to ensure compliance with safety regulations. This helps to maintain transparency and accountability throughout the construction process, reducing the risk of negligence or substandard workmanship.

The Developer Remediation Contract has been widely welcomed by industry experts and consumer advocacy groups. It provides a much-needed framework to address the growing concerns about building safety and holds developers accountable for their actions. By requiring developers to take responsibility for remediation works, the contract ensures that any defects or safety issues are promptly identified and rectified, minimizing the risk to occupants and the wider community.

However, some critics argue that the Developer Remediation Contract places an additional financial burden on developers, potentially leading to increased construction costs. They argue that this could discourage developers from taking on projects or result in higher property prices for buyers. While these concerns are valid, it is essential to prioritize the safety and well-being of occupants over short-term financial considerations.

In conclusion, the introduction of the Developer Remediation Contract as a result of the new Building Safety Act is a significant step towards ensuring building safety. By holding developers accountable for any defects or safety concerns in their buildings, the contract helps to create a culture of responsibility and accountability within the construction industry. It provides a framework for prompt identification and rectification of issues, ultimately safeguarding the lives and well-being of occupants.