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The ban, according to the Ministry of Housing, will be delivered through changes to building regulations (‘the Regulations’) and will limit materials available to products achieving a European classification of Class A1 or A2. It is expected that these changes will be brought forward in late autumn.
The ban will apply to all high-rise buildings that contain flats, as well as hospitals, residential care premises and student accommodation above 18 metres.
Anyone signed up to a live building contract, or with a project about to start, needs to consider how change in law risks are dealt with. For example, under the unamended JCT Design and Build Contract 2016, a concern for Employers must be clause 188.8.131.52 and the possibility that compliance with the amended regulations will necessitate alterations which give rise to a Change. Given the increased cost of A1 and A2 cladding, a Change could end up resulting in significant additional costs for Employers.
If you are currently negotiating a building contract which will commence before the Regulations are changed, then a carefully worded Schedule of Amendments could be used to address this issue.
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