Scottish Safer Buildings Accord: developer commitment letter

Developer commitment letter from each participant developer to Scottish Ministers. These developers have committed to remediate life critical fire safety works in buildings over 11 metres that they have played a role in developing or refurbishing over the last 30 years in Scotland.

Developer commitment letter

Following the fire safety risks associated with:

i. external wall cladding systems arising from the Grenfell Tower fire, and

ii. the improvements made to 2022 Scottish building regulations changes and associated external wall cladding systems, and

iii. subsequent discussions between ourselves, Homes for Scotland and Scottish Government, we [insert company name] write to express our support for the Scottish Government's commitment to ensuring that there are no multi-residential domestic high-rise buildings in Scotland with high-risk external wall cladding systems.

We are pleased to confirm that we will work collaboratively and positively and in good faith with the Scottish Government in order to support the remediation and/or mitigation of external wall cladding systems, where identified through a fire risk assessment as required for in-scope buildings.

We therefore commit to undertaking a fire risk assessment and, where required, the remediation of our in-scope Scottish properties. We will continue to work together with you as we develop the long-form contract to ensure that work undertaken is in line with said long-form. We commit to remediate/mitigate life critical fire safety defects in a property which:

  • is a multi-occupancy residential domestic building (whether such building includes separate commercial or non-domestic use) in Scotland; and
  • has a storey at a height of 11 metres or more above the ground; and
  • has been built by us as a developer (but not solely as a contractor) in the period of 30 years ending on 1 June 2022.

We agree with the principle of developer responsibility that home owners should not pay our costs associated with the life-critical fire-safety remediation and/or mitigation work to buildings in scope which is identified by the aforementioned fire risk assessment. Further details will be provided in the remediation contract between us and the Scottish Government.

We acknowledge that our buildings in scope were built, developed or refurbished by us as principals (but not as contractor) or by a joint venture or corporate vehicle in which we had a relevant interest as partner or shareholder. On signing this letter, we shall identify for the Scottish Government our buildings in scope.

We acknowledge that the programme of remediation and/or mitigation will be delivered in more than one wave, with each wave focused on a different cohort of developers. Wave 1 of the programme will focus on those developers who have signed the UK Government Pledge and Long-Form Contract. For this purpose, we confirm our commitment to continue collaboration as a Wave 1 developer. We will work in good faith with the Scottish Government to establish remediation contracts, funding proposals, timeframes and communication plans to progress the remediation and / or mitigation of life-critical fire-safety defects in our buildings in scope, once and well. This will ensure works are proportionate and consistent, taking into account learning over time.

We commit to provide appropriate fire safety mitigations for our buildings in scope arising from the original design and or construction of the property, where a fire safety assessment deems it is required.

We acknowledge that this letter is not a legally binding agreement nor does it create third party rights. Following on from this open letter (Developer Commitment), we commit to work in good faith and at pace with the Scottish Government to agree a long-form contract to follow shortly after signature of this letter.

The contract will form the legally binding agreement between the Scottish Government and ourselves which shall incorporate the commitments to remediate buildings with life critical fire safety defects.

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