On 4 September 2024, Paul McLennan MSP, the Scottish government's Housing Minister, published a letter addressed to Ariane Burgess MSP, Convener of the Local Government, Housing and Planning Committee in relation to the publication that day of the Grenfell Inquiry's report.

In it, he recognises the seriousness of the issues which the Inquiry had to deal with and acknowledged that many of those issues are devolved matters. He expressed the Scottish government's commitment to fully consider the report's recommendations and its implications for Scotland. So, seven years after the Grenfell tragedy, where are we in our efforts to make buildings safer in Scotland?

Anyone who has sold, bought or let a residential property recently will be aware of the new heat and smoke alarm requirements which should be evident when you look up as you are viewing your new property. In addition to fire safety guidance for high rise buildings, the Housing (Cladding Remediation) (Scotland) Act received Royal Assent on 21 June 2024, marking a significant milestone in Scotland's efforts to address the safety concerns associated with external wall cladding systems. Though the draft regulations will give us the finer detail, this legislation sets out a comprehensive framework for the regulated assessment and remediation of buildings with unsafe cladding, designed to ensure the safety of residents across Scotland. Further details on the legislation and its progress through Parliament can be found in Tracey Summerell's excellent article.

But how will these initiatives be funded? In April 2024, the Scottish government announced its intention to introduce a new tax on developers, the Building Safety Levy, raising the necessary funds for addressing building safety issues. This levy, similar to measures being introduced in England, will apply to the construction of new residential buildings and the funds generated will support the Scottish government’s cladding remediation programme. The core criteria for the levy include developing a formula to set the levy in advance of development, potentially involving a zone-based approach with charges set according to the type of development. Consultation with developers on the detail of this is ongoing.

As the detail of the proposals emerge, it will be important for developers to keep abreast of the changes. Should you wish to chat further about the proposals, please contact Brian Hutcheson.