Cladding bans – is the end nigh?

Most professionals in the construction industry will be aware of the regulations which put an effective ban on cladding on high-rise residential buildings, which came into force on 21 December 2018 (see the blog by Alexandra Pike on this here)

The British Blind and Shutter Association (BBSA) has challenged the lawfulness of the ban in relation to an introduction of regulation 2(6)(b)(ii) which effectively prohibited external shutters, awnings and blinds on such buildings, meaning there was nothing on the market which complied with the new standards. The matter went before Steyn J in the Administrative Court who held that the regulation in question was so unfair it was unlawful and that regulation ought to be quashed.
(for more information see Alison Garrett’s blog here . So a victory for BBSA.

The Government’s reaction has now been received. They have said the judgment relates to a specific and small list of products. Their policy remains that combustible materials should not be used in or on external walls and building control bodies should adhere to the existing building regulations and Approved Document B. Whilst the other cladding ban regulations remain in force, we know that although the government are reviewing the cladding ban, they have said it is for a future government to decide any change. Time will tell what that may bring but for now, the message is that the cladding ban as in so far as it remains, will continue to do so for the time being.

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