Gove brings regulations for 鈥楻esponsible Actors Scheme鈥 into effect ahead of summer launch

Regulations designed to stop major developers from trading if they fail to undertake fire safety repair work deemed necessary by the government have come into force.

The Responsible Actors Scheme (RAS), which the government says will be fully launched later this summer, has been designed by housing secretary Michael Gove to enforce his plan to get major builders to contractually commit to remediate any 鈥渓ife critical鈥 defects in buildings going back 30 years in the wake of the Grenfell Tower tragedy.

The regulations mean that local authorities will legally be able to block from carrying out planning permissions or receiving building control permits any developers who have been called up by government to sign up to the 鈥榙eveloper remediation contract鈥 but have refused to so.

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Housing secretary Michael Gove has drawn up the scheme

Under the terms of the scheme, the , developers invited to join but who do not comply 鈥 in particular by refusing to sign the remediation contract - can be blocked from receiving building control sign off and from building out planning permissions. The legal powers for the RAS are contained in Section 126-129 of last year鈥檚 好色先生TV Safety Act.

Of 51 developers so far asked to sign up to the developer remediation contract, which applies to 鈥渓ife-critical fire safety defects鈥 in 11m-plus English housing schemes built in the 30 years up to April 2022, just two are yet to sign.

Rydon Homes, a sister company of Grenfell construction contractor Rydon Maintenance, has said it will not commit to the contract, with housebuilders Abbey Developments the other outstanding builder.

A statement on the Department for Levelling Up, Housing and Communities website said: 鈥淓ligible developers who do not enter into and comply with the terms of the will not be able to join and remain in the [Responsible Actors] Scheme, and will therefore be prohibited from carrying out major development and gaining building control sign-off.鈥

An published alongside the regulations when they were first printed earlier this summer said: 鈥淒evelopers who are eligible for the scheme but who elect not to make the important commitments set out in the developer remediation contract, or who fail to comply with its terms, should expect to face significant consequences鈥.

It added that legal commitments to repair buildings by the developers to so far sign the contract are understood to be worth more than 拢2bn. The explanatory note also confirmed the government鈥檚 intention to expand the scheme to other builders once it is up and running. It said: 鈥淭he developer self-remediation approach, and the RAS, is to be expanded over time to cover other developers who developed or refurbished defective 11m+ residential buildings and should pay to fix them.鈥

The powers in the RAS are to be enforced by local councils, however, the exact detail of how the system will work has still not yet been revealed with the DLUHC statement saying it expected to launch the scheme 鈥渋n Summer 2023鈥.

The Home Builders Federation has previously complained that the RAS provides the Government with 鈥渦nprecedented powers鈥 over UK businesses, allowing the housing secretary to 鈥渒eep a list of companies he approves of鈥.

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