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The government intends to lay regulations before spring is out to establish a ‘responsible actors scheme’ (RAS) for residential developers under sections 126-129 of the Building Safety Act 2022.

Eligible developers who do not join and comply with the scheme will have planning and building control prohibitions imposed on them.

The RAS will require any member of the scheme to identify and remediate, or pay for the remediation of, life-critical fire safety defects in residential buildings of or above 11-metre height that they have developed or refurbished over the past 30 years. To demonstrate that commitment, members of the scheme will be required to enter into and comply with the terms of the developer remediation contract.

Most developers have now signed the contract issued earlier this year by Michael Gove, secretary of state at the Department for Levelling Up, Housing & Communities. As of 27^th March 2023, however, six in-scope developers have not:

1. Abbey Developments

2. Avant

3. Dandara

4. Emerson Group (Jones Homes)

5. Galliard Homes

6. Rydon Homes.

London Square Development, Telford Homes Ballymore, Lendlease and Inland Homes were on the initial list of companies that missed the 13^th March deadline set by the secretary of state but have subsequently signed it. Lendlease was added to the list on Wednesday last week; Inland on Friday.

Developers outside the RAS will be required to notify the relevant local authority about their prohibited status when making relevant planning applications, reserved matters applications and prior approval applications. They will also need to notify the local planning authority if they acquire or transfer an interest in land which has the benefit of planning permission for major development

The regulations will also prevent a prohibited person from gaining building control approval in respect of any building work that requires such approval.

Major development, in this context, includes schemes providing 10 or more residential units, residential schemes on a site at least 0.5 hectares in size (where it is not known if it will provide 10 units or more), commercial development creating at least 1,000 square metres of floorspace, and development on a site more than a hectare in size.

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