èƵ

A Closer Look at The New Tax and Fine for Cladding in the UK

London high building

Follow us

img

Share this story

Lean ebook cover

The cladding crisis in the UK remains a critical issue in the construction industry. Despite years of efforts to address fire safety concerns following the Grenfell tragedy, progress has been slow, and significant challenges persist. In response, the government has introduced new deadlines for removing unsafe cladding and proposed tougher penalties and new levies to accelerate remediation.

Government’s Decisive Action: A Step Forward?

The UK government recently announced an acceleration plan aimed at removing dangerous cladding from residential buildings. The Housing Secretary, Angela Rayner, emphasised that the government is taking “decisive action” to address the safety crisis, stating, “More than seven years on from the Grenfell tragedy, thousands of people have been left living in homes across this country with dangerous cladding. The pace of remediation has been far too slow for far too long.”

Under the new plan, buildings taller than 18 metres with unsafe cladding funded by government schemes must be fixed by the end of 2029. Buildings over 11 metres must also comply with this deadline, either by having the cladding fixed or by setting a concrete date for remediation. The government’s remediation acceleration plan aims to speed up these efforts, backed by investment in enforcement, to ensure landlords comply or face significant penalties.

These tougher deadlines have been paired with a new tax levy, expected to raise an additional £3 billion to fund the remediation of unsafe cladding. This levy will be charged as a percentage of the sales value of new developments, adding further financial pressure to an already strained construction sector.

The Industry’s Response: Criticism and Concerns

While the government presents these measures as “decisive,” there has been significant pushback from key industry stakeholders. The End Our Cladding Scandal group, representing affected leaseholders, expressed deep dissatisfaction with the government’s plans. They argue, “Labour’s remediation acceleration plan is extremely disappointing. These proposals will only make a horribly complicated process worse with further layers of bureaucracy.” The group also called the government’s nine-year target for remediation “underwhelming” given that the Building Safety Fund opened for registrations in June 2020.

The response from the construction sector has also been far from enthusiastic. Housebuilders are grappling with the potential impact of the new £3 billion tax levy, fearing it could further erode their already tight profit margins and discourage new housing projects. Industry leaders are particularly frustrated that only £2.3 billion of the £5.1 billion previously raised to address fire safety has been spent, and that the government still lacks precise data on how many buildings require remediation.

Anna Leach, Chief Economist at the Institute of Directors, highlighted the impact of increased taxation and regulatory uncertainty on business confidence, stating, “The budget had undermined the private sector’s ability to invest in businesses and workforce.” This sentiment is shared widely across the construction industry, which is already under pressure due to rising costs and regulatory demands.

The Building Safety Levy: Burden or Necessity?

The newly introduced Building Safety Levy is projected to raise £3 billion, charged as a percentage of new developments’ sales value. This levy comes on top of the existing 4% corporation tax surcharge that housebuilders agreed to pay in 2020 to address fire safety issues. The Housing Department spokeswoman reiterated the urgency of these measures, stating, “Too many people are still living in homes covered in unsafe cladding. We must accelerate the pace of remediation.”

However, critics argue that this levy places an unfair burden on developers, especially those already struggling with squeezed margins due to rising costs and previous taxation. The fear is that this added financial pressure may deter the construction of new homes at a time when housing demand continues to outstrip supply. The industry has voiced concerns that this levy, alongside increased employment regulations and financial pressures, may significantly slow down new developments.

Housebuilders also point out that the economic climate is already challenging, with business confidence reaching its lowest level since the pandemic. A survey by the Institute of Directors revealed a significant drop in business confidence, driven in part by concerns over economic instability and rising taxes. Shadow Business Secretary Andrew Griffith described this as “a catastrophic loss of business confidence,” a sentiment that reflects the growing unease among developers and builders.

The Cost of Remediation and the Role of Developers

The estimated cost of cladding remediation in residential buildings over 11 metres in England ranges between £12.6 billion and £22.4 billion. Of this amount, the government has allocated £5.1 billion, while the remaining cost is expected to be borne by developers, social housing providers, and private building owners. The current remediation plan requires developers to commit to faster assessments and remediation efforts. According to government reports, 29 developers covering 95% of affected buildings have agreed to double their rate of remediation.

The National Audit Office, however, has expressed concern over the feasibility of these targets. It warns that without major changes, the 2029 deadline will be missed. This sentiment was echoed by the End Our Cladding Scandal group, which described the current situation as “far from a comprehensive solution.” They argued that the added bureaucracy could hinder rather than help, delaying remediation even further.

Leaseholders’ Plight: Far from Resolution

Leaseholders, many of whom have been trapped in unsafe buildings for years, continue to bear the brunt of the crisis. The End Our Cladding Scandal group has been vocal about the lack of clarity and certainty for residents, stating, “Severe penalties will be meaningless without leaseholders and residents knowing for sure when homes will be made fully safe.” The emotional and financial toll on leaseholders has been significant, with many unable to sell their properties or afford remediation costs.

Angela Rayner acknowledged the slow pace of progress, emphasising the government’s commitment to holding those responsible accountable: “Our remediation acceleration plan will ensure those responsible for making buildings safe deliver the change residents need and deserve.” Despite this promise, affected residents remain skeptical, citing years of broken promises and unfulfilled targets.

The plan also introduces severe penalties for non-compliance, aimed at “rogue freeholders” who fail to meet the new deadlines. However, without clear timelines and accountability, leaseholders worry that these penalties may not bring about the necessary changes. The housing department aims to back these penalties with “investment in enforcement,” but details on how this will be practically implemented remain unclear.

Balancing Safety and Economic Viability

The construction industry faces a delicate balancing act—ensuring the safety of residents while maintaining economic viability. The new levy and fines are intended to accelerate remediation, but they also add financial strain on developers. The risk is that increased taxation could deter future development, worsening the ongoing housing crisis.

Housebuilders argue that government funding should be more effectively utilised, given that less than half of the previously allocated £5.1 billion has been spent. The uncertainty surrounding how many buildings still require remediation adds to the complexity, making it difficult for developers to plan effectively. The combination of taxation, economic uncertainty, and regulatory pressures has created an environment where, as Anna Leach put it, the “private sector’s ability to invest” is being severely undermined.

A Long Road Ahead

The introduction of new deadlines, tougher penalties, and an additional levy are steps in the right direction towards addressing the cladding crisis. However, these measures are not without their challenges. While the government’s intent is to accelerate remediation and ensure that residents are safe, the execution has been criticised as overly bureaucratic and lacking in clarity.

The building industry, leaseholders, and campaign groups all agree that more needs to be done to bring about a comprehensive solution. Until all unsafe cladding is removed, and clear accountability is established, the crisis will remain far from resolved. The challenge for policymakers is to find a balance that ensures both the safety of residents and the economic viability of the construction industry.

Angela Rayner’s words highlight the urgency of the situation: “We are taking decisive action to right this wrong and make homes safe.” Yet, for many leaseholders, the promise of safety remains just that—a promise. As the government moves forward with its remediation acceleration plan, it must also address the concerns of those on the ground, ensuring that its actions truly bring about the safety and stability that residents need and deserve.