Search

Response to Cladding Bill Consultation

The Scottish Government has published a consultation to their proposed Cladding Bill, which seeks to address a number of issues related owners manging the issue of cladding in certain buildings in Scotland. 

Under One Roof has submitted a response to the consultation, which calls for an expansion of effort by Scottish Government to identify other safety issues as part  of the proposed efforts that will be made to identify and address unsafe cladding, and an expansion of the Duty to Maintain to include safety. Our response in full is below.

Response:

This Bill is tightly focussed with the scope limited to giving powers to Scottish Government and to allow them to incur expenditure on cladding alone. However, a number of surveys have found other major fire-related design flaws, such as a lack of adequate fire escapes, and the tackling of these should also be included in this Bill. 

We believe the Bill could be improved in other ways to make it more future-proof and to include more powers for owners to deal with other aspects of building safety themselves. 

Section 26(2)b specifically excludes buildings which do not have external cladding being included in the regulations in the future, e.g. crumbling RAAC concrete in homes. It is perfectly conceivable that other risks will be identified that cover properties that would be defined as tenements and where it is difficult to get owners to work in concert to deal with risks and where a form of single survey is also required (even if we have an owners’ association as a potential single commissioning body for surveys and compulsory quinquennial inspections as currently being considered by the Law Commission). We would like to see additional construction types and defects to be included, even on a basis that does not oblige Scottish Government to cover costs and take responsibility for action. 

While it is fairly clear to us that the definition of maintenance in rule 1.5 of the Tenement Management Scheme (part the Tenements Scotland Act 2004) covers commissioning surveys and replacing cladding, there is an argument that the specific inclusion of safety works as maintenance (and so subject to a simple majority vote of owners) would provide a great deal of clarity. 

We also note that the Duty to Maintain only covers support and shelter at present and would like this to be extended to cover “safety”. This would allow one owner to commission and carry out required safety works, including works to individual properties and recover costs from other owners. 

Recent articles
Recent articles

A short guide to maintaining gutters

Cleaning your gutters is a key way to maintain your property’s value as it can prevent damage caused by damp. Due to climate change, rainfall in Scotland has increased significantly over the last 70 years and gutters need to be maintained to cope with this change.

Response to Cladding Bill Consultation

The Scottish Government has published a consultation to their proposed Cladding Bill, which seeks to address a number of issues related owners manging the issue of cladding in certain buildings in Scotland.

For sale: the Tenement Handbook

Did you know that Under One Roof originated from The Tenement Handbook: A Practical Guide to Living in a Tenement? The book was published in 1993, written by our founders John Gilbert and Annie Flint, and provided everything someone living in a tenement flat would need to know about their building. This book became the Under One Roof website. 

Latest updates

Repairing Standard update: lead in water testing

In March 2023, the Scottish Government announced a series of updates to the existing Repairing Standard that will be enforceable from 1st March 2024. As part of these updates, private landlords must

A short guide to maintaining gutters

Cleaning your gutters is a key way to maintain your property’s value as it can prevent damage caused by damp. Due to climate change, rainfall in Scotland has increased significantly over the last 70 years and gutters need to be maintained to cope with this change.

Response to Cladding Bill Consultation

The Scottish Government has published a consultation to their proposed Cladding Bill, which seeks to address a number of issues related owners manging the issue of cladding in certain buildings in Scotland.

What is retrofit?

Retrofit refers to the strategic improvement of existing buildings, so that they are better able to meet modern energy efficiency standards. It can involve installing a new low to zero-emissions heating system in a building or simply adding double glazing, with the common aim of decreasing energy consumption and reducing carbon emission outputs from homes. 

Repairing Standard update: lead in water testing

In March 2023, the Scottish Government announced a series of updates to the existing Repairing Standard that will be enforceable from 1st March 2024. As part of these updates, private landlords must

A short guide to maintaining gutters

Cleaning your gutters is a key way to maintain your property’s value as it can prevent damage caused by damp. Due to climate change, rainfall in Scotland has increased significantly over the last 70 years and gutters need to be maintained to cope with this change.

Help and information

If you live in any kind of building containing flats, you have rights and responsibilities, along with your co-owners, to maintain and manage your building.
But, every building is different, so get professional help for anything more than a simple problem. 

Working with your neighbours will make sure you always deal with problems fairly and help maintain harmony in your building.

Repairs are inevitable and need to be tackled quickly before more damage is caused.

Follow these steps to ensure the repairs process goes smoothly and all owners pay their share.

Not satisfied with your flat? Check out what you can and can’t do to your flat to alter and improve it before deciding to sell and move on.