The Bill is being introduced to reduce the risk to life from unsafe cladding on people’s homes.
The Bill gives powers to Scottish Ministers to assess and remediate certain types of buildings with unsafe cladding. Scottish Ministers will need to record these assessments and any remediation works completed in a register. Remediate means to take action towards fixing problems.
The Bill also allows Scottish Ministers to create a responsible developers scheme.
This is a Government bill
The Bill became an Act on 21 June 2024
This Bill was passed and is now an Act of the Scottish Parliament.
Some types of wall cladding on the outside of buildings can cause fire safety risks.
This Bill gives Scottish Ministers powers to carry out assessments to find out if the cladding on buildings is safe. If not, Ministers can then organise repairs. If necessary, Ministers can also require people to move out of the buildings until the work needed is done.
The Bill applies to only some buildings. For a building to be assessed under the Bill, the building must have been built or refurbished between 1 June 1992 and 1 June 2022. The building must contain at least one residential unit and be 11 metres or over tall.
Scottish Ministers will need to record cladding assessments and remediation works in a register. This register will include assessment dates, details of any repairs, and when the work finished. This will make information about buildings with cladding repairs more easily available.
The Bill also allows Scottish Ministers to create a responsible developers scheme. This scheme would be created by secondary legislation. It would set conditions for developers to be members of the scheme to encourage remediation works to be undertaken.
In 2017 there was a fire in Grenfell Tower in London. This highlighted that cladding on some buildings was unsafe. The Scottish Government introduced this Bill to help find and fix unsafe cladding on people’s homes in Scotland.
In 2020, Scottish Ministers established a ministerial working group on cladding. It found that cladding was causing problems for people when trying to buy or sell their homes. The procedure for fixing cladding was also found to be complex.
In 2022, the Scottish Government announced a change in approach. Scottish Ministers would put in place a Cladding Remediation Programme. Similar programmes already exist in the rest of the UK. This Bill helps Scottish Ministers deliver the Programme.
Housing (Cladding Remediation) (Scotland) Bill as introduced (1MB, pdf) posted 01 November 2023
Explanatory Notes (193KB, pdf) posted 01 November 2023
Policy Memorandum (307KB, pdf) posted 01 November 2023
Financial Memorandum (298KB, pdf) posted 01 November 2023
Delegated Powers Memorandum (146KB, pdf) posted 01 November 2023
Statements on legislative competence (109KB, pdf) posted 01 November 2023
Explanatory Notes (289KB, pdf) posted 01 November 2023
Policy Memorandum (316KB, pdf) posted 01 November 2023
Financial Memorandum (320KB, pdf) posted 01 November 2023
Delegated Powers Memorandum (234KB, pdf) posted 01 November 2023
Statements on legislative competence (160KB, pdf) posted 01 November 2023
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual provisions.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill on a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the Member introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.
Research briefing on the Housing (Cladding Remediation) (Scotland) Bill
The Bill was introduced on 1 November 2023
At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.
The lead committee for this Bill is the Local Government, Housing and Planning Committee.
The lead committee will usually examine the Bill through evidence sessions. This will involve contributions from individuals and organisations, known as 'witnesses', with knowledge of the subject matter. The committee might also discuss the Bill in private sessions.
MSPs on the Scottish Parliament’s Local Government, Housing and Planning Committee sought views on the details of the proposals.
For more information or queries regarding the Committee's scrutiny of the Bill, please contact the Clerks to the Committee at localgov.committee@parliament.scot
The Parliament agreed that consideration of the Bill at Stage 1 be completed by 15 March 2024.
A letter from the Minister for Housing in response to the Committees report on Stage 1 of the Housing (Cladding Remediation) (Scotland) Bill, 8 March 2024
A letter from the Minister for Parliamentary Business, 9 November 2023
A letter from the Minister for Housing, 2 November 2023
See a full list of Stage 1 correspondence
The Local Government, Housing and Planning Committee published its report on 29 February 2024.
Housing (Cladding Remediation) (Scotland) Bill Stage 1 Report
The Committee received the following response to its report:
If a Bill is relevant to more than one committee, 'secondary committees' may consider and report on the general principles of the Bill to the lead committee. Some Bills may also be considered by the Delegated Powers and Law Reform Committee or the Finance and Public Administration Committee.
The Delegated Powers and Law Reform Committee published its report on 10 January 2024.
Letter from the Minister for Housing to the Convener, 2 November 2023
See a full list of Stage 1 correspondence
A Stage 1 debate took place on 12 March 2024 to consider and decide on the general principles of the Bill.
See further details of the motion
See further details of the motion
The Bill ended Stage 1 on 12 March 2024
At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them.
Documents with the amendments considered at the meeting on 23 April 2024.
Marshalled List of Amendments for Stage 2 (515KB, pdf) posted 18 April 2024
Groupings of Amendments for Stage 2 (572KB, pdf) posted 18 April 2024
A Stage 2 'Marshalled List' is a list of all the amendments that have been lodged at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Housing (Cladding Remediation) (Scotland) Bill as amended at Stage 2 (1MB, pdf) posted 23 April 2024
Revised Explanatory Notes (219KB, pdf) posted 09 May 2024
Supplementary Financial Memorandum (153KB, pdf) posted 07 May 2024
Supplementary Delegated Powers Memorandum (109KB, pdf) posted 08 May 2024
Revised Explanatory Notes (367KB, pdf) posted 08 May 2024
Supplementary Financial Memorandum (184KB, pdf) posted 03 May 2024
Supplementary Delegated Powers Memorandum (204KB, pdf) posted 03 May 2024
Sometimes an amendment at Stage 2 makes substantial changes to a bill. If this happens, the Accompanying Documents need to be updated to explain what these changes are.
The Bill ended Stage 2 on 23 April 2024
At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them. There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law.
Documents with the amendments considered at the meeting on 14 May 2024.
Marshalled List of Amendments for Stage 3 (475KB, pdf) posted 08 May 2024
Timed Groupings of Amendments for Stage 3 (321KB, pdf) posted 13 May 2024
Once MSPs have decided on the amendments, they debate whether to pass the Bill.
Result 116 for, 0 against, 0 abstained, 13 did not vote Vote Passed
See further details of the motion
See further details of the motion
Housing (Cladding Remediation) (Scotland) Bill as passed (2MB, pdf) posted 14 May 2024
Printing changes are changes to the text of a Bill for which amendments are not required. It will not change the legal effect of the Bill.
Housing (Cladding Remediation) (Scotland) Bill printing changes after the Bill as passed (88KB, pdf) posted 30 September 2024
The Bill ended Stage 3 on 14 May 2024
The Bill was passed on 14 May 2024 and became an Act on 21 June 2024.