Navigating Scotland's Grenfell response: A guide for architects

Guest article written by Jilly Petrie at DAC Beachcroft.

The Grenfell Tower tragedy in June 2017 was a watershed moment for building safety across the UK.  With its own system of building standards and property ownership structure, Scotland has been progressing its response, focussing on both legislative and practical measures aimed at addressing risks and restoring public confidence.  This article highlights the key developments and the implications for architects.

The legislative framework

The Building Safety Act ("BSA 2022") generally does not apply in Scotland.  Crucially, the provisions relating to the role of the Building Safety Regulator; the enhanced regulatory regime for Higher Risk Buildings; and the reform of building control do not.

Two key provisions which do apply concern:

1. Cladding and construction products

New rights of claim have been created for a person with a relevant interest in a residential building against a person that (i) fails to comply with cladding or construction requirements; (ii) markets or supplies a cladding or construction product and makes a misleading statement in relation to it; or (iii) manufactures a cladding or construction product that is inherently defective; which product is installed in a relevant building, rendering that dwelling unfit for habitation.

The time limit for such claims has been extended, with retrospective effect, to 15 years, except where these products have been used in buildings completed before the BSA 2022 came into force, in which case a 30 year time limit applies.  These time periods are significantly longer than the prescriptive periods already in operation in Scotland.

These changes are, on the face of it, significant.  The impact they will have in practice is still to be felt though, including where liability may rest where a relevant building is rendered unfit for habitation due to the use of these products.  Further, the retrospectivity of these provisions means that claims that had otherwise prescribed may be resurrected.

2. Regulation of architects

Significant changes to the regulation of architects in the UK have been introduced.  These include a new mandatory continuing professional development scheme with an outcomes based approach and a new Appeals Committee to provide a more accessible, non-judicial route of appeal for those dissatisfied with certain decisions of the ARB. 

Training and competency are at the fore of the changes; it is important for the profession to retain good records to ensure compliance with the new obligations and regimes and so as to ensure compliance with any resultant requirements of professional indemnity policies.

What is Scotland's response?

This is fronted by the Cladding Remediation Programme ("CRP"), a Scottish Government ("SG") initiative focusing on assessment and remediation of buildings that (i) are flatted and residential (which may be combined with commercial premises); (ii) have an external wall cladding system; (iii) are 11 metres and over in height; and (iv) were constructed or refurbished between 1 June 1992 and 1 June 2022.

Initial action in Scotland, where stricter fire safety standards already applied, was primarily focussed on reviewing regulation and building standards. 

The key development is the Housing (Cladding Remediation) (Scotland) Act 2024 ("the Cladding Remediation Act"). 

The Cladding Remediation Act facilitates a census of relevant buildings in Scotland and remediating these.  It does not currently make any changes to the relevant legislation on building standards, or planning permission. 

Initiatives in the Cladding Remediation Act include:

1. Single Building Assessments ("SBAs")

SBAs have been around since May 2021, existing as a pilot scheme. They are a safety evaluation of buildings to identify and mitigate fire safety risks in buildings which fall within scope.  An SBA is to be carried out in accordance with a Specification published in June 2024 which comprises an FRAEW and a Fire Risk Assessment, the former of which aligns with PAS9980 methodology. 

An SBA is to be undertaken by an Assessor who is suitably competent for the role, who must have knowledge of fire safety considerations and the regulatory framework which underpins fire safety design. 

Only such Assessors as are authorised by the SG are to conduct SBAs.

Architects, and other construction professionals, can be involved in the process and typically are as part of a multi-disciplinary team, but cannot undertake an SBA alone unless they meet the competency requirements.

There is an increased opportunity for construction professionals to be involved in remediation, including in terms of design and compliance review and checking.  Care however needs to be taken around record keeping and what activities are covered under professional indemnity policies.

2. The Cladding Assurance Register

Maintained by the SG, the register contains information about SBAs carried out and what remedial work, if any, has been completed.    

3. Responsible Developers Scheme

Provision has been made but the scheme is not yet established.  Secondary legislation is expected in the short term, which is expected to be similar to that for the Responsible Actors Scheme in England.

Where are we now in Scotland?

Data published by the SG earlier this year showed there are around 1,100 residential buildings which are estimated to be over 18m in height; with approximately 250 of those potentially requiring remedial works. Some 12,300 residential buildings are estimated to be between 11m and 18m in height, out of which around 1,200 may require similar works.

In March, the SG produced an updated plan to intensify progress, with an acknowledgment that the pace has been too slow. That established a "Single Open Call"  ("SOC") which allows owners of certain residential properties, regardless of tenure type, to apply for government funding to have their properties assessed using SBAs. This has been extended to cover mitigation and/or remediation, with developers who have accepted responsibility for assessment and remediation retaining that.

As at 31 October 2025, the CRP had received approximately 1,200 expressions of interest via the SOC.  The CRP has been informed that 16 SBAs based on the Specification, had been completed; all of which identified that remediation work was required. Only two buildings across Scotland have active remediation underway, not necessarily being one these. 

In Scotland, there has been a stream of cladding related claims following Grenfell.  As the CRP continues to be rolled out, with the SG having written to developers at the end of October inviting them to sign the Developer Remediation Contract, committing them to fix unsafe buildings they developed, further claims activity could be seen as developers seek to recoup their losses.  The challenge at that point will be the wide exclusion clauses for these claims which have typically been included in policies as a result and evidential issues due to the passage of time, particularly in respect of construction product claims brought in terms of the retrospective new time limits. 

Howden PI commentary

The above is only a snapshot of the potential points to consider at the intersection of PI and the BSA as it applies in Scotland, and wider concerns may exist for your business.

If you have any questions on the issues raised in this article, please contact Jilly Petrie, Morgan Taylor or your usual Howden contact for further information.

This article has been written by DAC Beachcroft and the opinions and views stated in this article are those of DAC Beachcroft and not Howden Insurance Brokers Limited (“Howden”). Howden is an insurance broker and is not authorised or regulated to advise on the guidance notes regarding the Building Safety Act (BSA 2022). Howden shall not (i) owe or accept any duty, responsibility or liability to you or any other person; and (ii) be liable in respect of any loss, damage or expense caused by your or any other party’s reliance on this article.