The Government has approved the principle of allowing remediation costs already incurred or levied to be covered under a Legacy Defects Scheme. The issue of remediation costs already incurred will be examined as part of the Apartment and Duplex Defects Remediation Bill 2025.
On 22 October 2024 the Government agreed the establishment of a Retrospective Costs Pathfinder Exercise from a representative sample of multi-unit developments, in order to identify and develop a potential appropriate process to address retrospective issues, based on fire safety remedial works completed.
Specifically, it will be necessary to fully examine and build a robust process around:
• Alignment with existing Interim Remediation Scheme process;
• Supporting Documentation and Timeframe;
• Certification, Standardisation of Evidence;
• Verification and Payment Processes.
On 28 March 2025, application documentation for the Retrospective Costs Pathfinder Exercise was sent to eight Owner Management Companies (OMCs), for return to The Housing Agency by 2 May 2025. At the request of the OMCs, this return date was extended to Friday 16 May 2025. The Housing Agency is currently reviewing the documentation received.
The Minister will return to Government before any retrospective payments are made to update on the outcome from the pathfinder, including an estimate of costs for the retrospective aspects of the Scheme, based on lessons learned from the pathfinder exercise. The pathfinder exercise will also inform the drafting of the Statutory Scheme.