Cladding Remediation, Fire Safety Responsibilities, and Accessing Government Funding

Purpose of this Guidance

This guidance has been produced by the Nottinghamshire Fire and Rescue Service (NFRS) to support Managing Agents (MAs) and Right to Manage (RTM) Companies in:

Introducing EMCCA and NFRS and their supporting roles in regards to CSS funding.
Understanding their fire safety responsibilities in relation to external wall systems (including cladding);
Taking a risk-based and proportionate approach to remediation;
Understanding when and how government funding may be available through the Cladding Safety Scheme (CSS) where cladding remediation is required.

It applies to residential buildings in England that are:

11–18 metres in height, and
Over 18 metres in height.

This document does not constitute legal advice and the Fire and Rescue Service does not approve, manage, or allocate funding. Responsibility for applying for and delivering remediation rests with the relevant duty holders.

Introducing EMCCA and NFRS

EMCCA

The East Midlands Combined County Authority (EMCCA), is a partnership made up of the directly elected Mayor Claire Ward and councillors from our East Midlands partner councils of Derbyshire County Council, Nottinghamshire County Council, Derby County Council and Nottingham City Council.

Following publication of the Grenfell Tower Inquiry in September 2024, and as part of the government’s ongoing commitment to improving housing safety, Mayor Claire Ward invited local councils, fire and rescue services, housing providers, and other partners to work together on a Local Remediation Acceleration Plan (LRAP) to tackle unsafe cladding in residential buildings. In April 2025, the government confirmed £350,000 funding for the East Midlands Combined County Authority to deliver the LRAP in 2025 – 2026.

The goals of the LRAP are:

Ensuring safety of buildings that are waiting for remediation and during works.
Identifying buildings where progress has stalled.
Improving coordination between regulators.
Facilitating data sharing between partners.
Tackling barriers to delivery.

The Local Remediation Acceleration Plan was finalised and implemented from October 2025, including the recruitment for specialist roles.

EMCCA’s role is coordinating the work of local regulators and is working to improve resident communication and engagement.

NFRS

Nottinghamshire Fire and Rescue Service (NFRS) helps protect life, property and the environment from fire and other emergencies. Alongside its emergency response role, NFRS also has statutory responsibilities under the Regulatory Reform (Fire Safety) Order 2005 (as amended), which sets out fire safety duties for non-domestic premises and the common parts of residential buildings.

In relation to the Cladding Safety Scheme, NFRS has a supporting and regulatory role rather than a funding or approval role. Its focus is on ensuring fire risks are managed appropriately while remediation is being pursued, providing fire safety expertise, helping to identify and prioritise higher-risk buildings, and working with building owners, local authorities and government agencies to support effective remediation of external wall systems and related fire safety defects.

As an enforcing authority, NFRS carries out fire safety audits and inspections to assess whether responsible persons are meeting their legal duties. Where shortcomings are identified, NFRS may provide advice, issue enforcement notices or, in serious cases, take legal action to help ensure residents are properly protected.

In summary, NFRS is there to:

Enforce fire safety legislation.
May take enforcement action where risks are not being adequately managed.
Does not determine eligibility for funding or approve remediation designs.

When considering enforcement action, the Fire and Rescue Service will take into account:

Whether competent advice has been sought.
Whether funding routes are being actively pursued.
Whether interim measures and communication are appropriate.

Joint Audit and Inspection Team

The JAIT is a multi-agency partnership between Environmental Health Officers (EHOs) from Nottingham City Council (NCC) and Fire Safety Officers (FSOs) from Nottinghamshire Fire and Rescue Service.

With a shared vision to create safer communities, the team carries out coordinated audits and inspections to identify and address serious housing and fire safety hazards in high-risk residential buildings (HRRBs).

The role of the JAIT is to inspect and assess multi-occupied residential buildings in Nottingham and help ensure they are safe. Where issues are identified, both organisations use their statutory powers under the Housing Act 2004 and the Regulatory Reform (Fire Safety) Order 2005 (as amended) to ensure buildings are made safe.

The team was established following the Grenfell Tower tragedy and the subsequent independent review of building regulations and fire safety commissioned by the Government. It has been inspecting HRRBs in Nottingham since 2019, ahead of national initiatives, and has delivered a strong programme of joint audits that has identified serious hazards and supported remediation through coordinated enforcement under both the Housing Act 2004 and the Regulatory Reform (Fire Safety) Order 2005 (as amended).

The core aim of the JAIT initiative is to promote healthier living environments and improve health outcomes by addressing housing and fire safety hazards that pose direct risks to residents’ physical and mental wellbeing.

The Cladding Safety Scheme

The Cladding Safety Scheme (CSS) is a government-funded programme to remove unsafe cladding from residential buildings over 11 metres in height (measured in accordance with Diagram D6 Height of top storey in building, of Approved Document B of the Building Regulations) in England, with a competent fire safety risk assessment recommending cladding remediation. It applies where developers cannot be held responsible and protects eligible leaseholders from the cost of remediation. The scheme is managed by Homes England, and applications must be made by the person or organisation legally responsible for the building’s external repairs, or by their representative. This may include:

Freeholder or head leaseholder
Managing Agent or Resident Management Company
RTM Company
Registered provider of social housing

An agent or professional adviser may act on their behalf with appropriate authority.

The CSS forms part of the Government’s wider Building Remediation Portfolio, which aims to protect residents from risks associated with unsafe cladding.

Enforcement action may be considered where a building presents fire risks linked to cladding on its external walls and remediation is not progressing as it should. In these cases, the Government supports local authorities and fire and rescue services in using their enforcement powers. Homes England and the Ministry of Housing, Communities and Local Government (MHCLG) also have powers to require Responsible Entities to move remediation forward. Where projects are delayed, these bodies may work together with local authorities and fire and rescue services to consider the most appropriate enforcement action.

Road to the CSS

The Responsible Person

Under the Regulatory Reform (Fire Safety) Order 2005 (as amended), the Responsible Person is usually the person or organisation that controls the common parts of the building. This may be a Managing Agent (MA), a Right to Manage (RTM) company, a freeholder, or a building owner. In relation to a building over 11m in height, the Responsible Person must carry out a suitable and sufficient Fire Risk Assessment (FRA), ensuring the external walls are considered as part of that assessment, and act on any significant findings, including risks linked to cladding or other external wall materials.

Fire Risk Assessment

A suitable and sufficient Fire Risk Assessment (FRA) in a multi-occupied residential building includes a competent, holistic review of all common areas, internal compartments, and specifically the external wall systems, identifying risks of fire spread and recommending further action. The assessment must be carried out by someone with appropriate training, experience and knowledge of Fire Safety and External Wall Systems and construction. The assessment should follow the principles in the Regulatory Reform (Fire Safety) Order 2005 (as amended) and BS 9792:2025 Fire Risk Assessment. Housing. Code of Practice, and be updated regularly, or when significant changes occur to the building.

External Wall Systems (EWS)

An External wall system is the entire outer envelope of a building designed for weather protection and insulation. It includes cladding panels, insulation, and cavity barriers, and attachments like balconies.

External wall systems present a significant fire risk when they incorporate combustible cladding materials, insulation or poor design features that allow fire to spread rapidly up and around the façade of a building. These systems can bypass internal fire compartments, trapping occupants and hindering emergency services through falling debris.

Where these systems present a life safety fire risk, the Responsible Person is expected to seek competent professional advice, implement interim risk mitigation measures where necessary and plan and progress remediation within a reasonable timescale.

Eligibility – Type and Height of Buildings

Buildings 11 – 18 Metres in Height

For buildings between 11 and 18 metres, there is no expectation of an automatic or blanket cladding removal. Rather, decisions must be made following a risk-based approach, based on a competent fire risk assessment, informed by PAS 9980 principles where applicable. Risks identified by the FRA must be properly assessed and managed, providing clear evidence of the process, with a proportionate decision-making and avoiding unnecessary or unjustified remediation.

Once a competent assessment identifies that cladding remediation is necessary to address life safety risk, government funding may be available via the Cladding Safety Scheme (CSS).

Buildings Over 18 Metres in Height

In addition to a competent Fire Risk Assessment, for buildings over 18 metres, it is expected that building owners will provide a robust and detailed Fire Risk Appraisal of External Walls. All residential buildings over 18 metres in height with unsafe cladding must be remediated by the end of 2029. Any uncertainties should be resolved through intrusive inspection where necessary. When serious risk is identified, there must be a timely progression towards remediation.

Building safety Regulator and Gateway 2 Applications

For residential buildings over 18m, relevant remediation works are likely to require Building Safety Regulator approval through the Gateway 2 process before construction starts. Responsible persons should factor this into project planning, as Gateway 2 requires detailed design, fire safety information and evidence that the proposed works comply with the Building Regulations.

Applying for Funding

Managing Agents and RTM Companies should review the full CSS guidance here: Cladding Safety Scheme overview - GOV.UK

Before applying, the Responsible Entity should ensure the FRA considers the external wall and confirms, based on competent advice, that remediation is likely to be needed. They should also gather ownership details, evidence of resident engagement, and key building information to support the application.

Fire Risk Appraisal of External Walls

To apply for funding, a Fire Risk Appraisal of External Walls (FRAEW) must be commissioned. A FRAEW is a detailed technical fire risk assessment used to evaluate the risk to life from fire spreading over or within the external wall construction of existing multi-occupied residential buildings. It is conducted by competent professionals following the PAS 9980:2022 methodology to determine if remedial work is required (the 2022 document is under consultation and a later revision will be published shortly)

The FRAEW must cover all the following:

Provide at least the basic level of information set out in section 15 of PAS 9980:2022
Include a FRAEW summary template in the format supplied by Homes England with the information needed for the CSS application
Include a clear statement of the qualifications, competence, and experience of the assessor at the beginning
Follow the methodology set out in the PAS 9980:2022
Be conclusive about the level of risk against the benchmark criteria as set out in PAS 9980:2022
Propose a solution that will reduce the risk to a level that can be considered tolerable when assessed against the principles set out in PAS 9980:2022

Submitting an Application

The CSS is available to both private and social sector applicants that have a building that meets the following criteria:

Multi-occupancy buildings over 11 metres in height.
Residential buildings with at least one flat with a lease over 21 years where leaseholder is responsible for external repair.
For social sector buildings the CSS will fund cladding remediation on social rented homes, affordable rented homes and shared ownership units on the same basis as leasehold units.
The building must have unsafe cladding, using the definition of cladding set out in the PAS 9980:2022 guidance.
To apply for funding, you must have a FRAEW recommending work to address life safety risks associated with cladding and the external wall system.
Applications are available for wholly residential or mixed use residential and commercial developments.

Applications are made online via the Building Remediation Hub, managed by Homes England. Applicants will need to:

Create an account (or organisational account).
Prove building eligibility for remediation works through a Fire Risk Appraisal of External Wall (FRAEW) completed to PAS9980:2022 standards through the Homes England accredited panel.
Register the building and declare that alternative funding routes (including developers) have been explored.
Provide details of the Responsible Entity for remediation work.

Works Package and Delivery

If funding is approved, the Responsible Entity must develop a detailed works package and costs; procure competent contractors through appropriate tendering; keep residents informed throughout delivery and provide regular updates as a condition of funding.

Funding

All new applications for government funding for cladding remediation must be made via the Building Remediation Hub, rather than legacy schemes. Existing approved applications continue under original arrangements, but Responsible Entities should otherwise use the CSS as the primary route.

CSS Grant funding is awarded in up to 2 stages:

Pre-tender support funding, made available once the application has been submitted and approved as eligible, and the grant funding agreement has been signed.
Full cost funding, including any pre-tender support funding previously awarded and paid.

The CSS will cover reasonable eligible costs for works required to address the life safety fire risks associated with cladding and external wall systems on eligible buildings.

Homes England will employ costs consultants to check that your works costs are both eligible and reasonable.

Funding may include:

Works directly related to the recommendations of a FRAEW conducted on a building with cladding.
Access directly related to eligible works (e.g.: scaffolding)
Removal and disposal of existing cladding that is associated with fire risk
Replacement materials • Labour and reasonable costs to the contractor
Reimbursement of costs of a FRAEW if it meets eligibility criteria
Professional team fees in respect of qualifying items
Managing agents’ fees for managing works in the CSS and keeping leaseholders and residents informed about the works
Other extraordinary technical requirements
Legal costs which an applicant is unable to recover, having successfully taken legal action to recover the cost of works to cladding from the original owner, developer or cladding installer.

Interim Measures and Resident Communication

Where remediation cannot be completed immediately, interim measures must be implemented. These measures must be justified, proportionate and regularly reviewed but should not be treated as permanent solutions. Some of these measures may include:

Installing fire alarms or extending the coverage of existing alarms
Implementing waking watches (24/7 patrols)
Changing from a “stay put” to a “simultaneous evacuation” policy

Residents must be kept informed of risks, mitigation and funding progress. Evidence of resident engagement is a formal requirement of the CSS application process.

NFCC guidance for interim measures

The NFCC’s updated Simultaneous Evacuation Guidance sets out how Responsible Persons should decide whether a temporary change from “stay put” to simultaneous evacuation is necessary. It promotes a proportionate, risk-based approach, discourages prolonged reliance on waking watches, and emphasises resident engagement and suitable interim measures while remediation is progressed.

New edition of the Simultaneous Evacuation Guidance (SEG) published - NFCC Eligibility