The Scottish Developer Remediation Contract – what’s the latest

In 2022, the Scottish Government announced the Scottish Safer Buildings Accord.

This was an approach to address combustible cladding in high-rise multi-occupancy buildings in Scotland fairly and equitably.

Working with developers to achieve the aims of the Accord, this was similar in scope to the English Developer Pledge. That led to the proforma “Development Commitment Letter” in 2023, a letter of support for the remediation and/or mitigation of life-critical fire safety issues for in-scope buildings, to be signed and issued by developers to the Scottish Government. Although this was not a legally binding agreement, it contained various commitments along with agreement to the principle of developer responsibility (i.e. that homeowners should not pay the costs associated with remediating and/or mitigating life-critical fire safety issues in their properties).

Most recently in November 2025, the Scottish Government published the Developer Remediation Contract (“DRC”, see here), reflecting the Accord and its principles. Developers who signed the Development Commitment Letter were asked to enter into the DRC. A list of the developer signatories will be published and kept updated by the Scottish Government.

The DRC creates a legally binding agreement between developer signatories and the Scottish Minsters. It obliges those developers to identify and assess in scope buildings which they developed or refurbished in Scotland between June 1992 and 2022; to carry out remediation work identified in Single Building Assessments (SBAs); to address any risk to human life that is (directly or indirectly) created or exacerbated by the building’s external wall cladding system; and to keep owners and residents informed of progress. An “in scope” building is any building in Scotland that:

1. is a flatted building as defined in section 16(4) of the Land Registration etc. (Scotland) Act 2012;
2.  contains at least one flat that is used, or intended to be used, as a dwelling;
3. has an external wall cladding system;
4. stands 11 metres or more above the ground; and
5. has been constructed, or undergone development, between 1 June 1992 and 1 June 2022.

The DRC obliges developers to report formally to the Scottish Ministers on a regular basis and to submit a Qualifying Assessment on completion of any works in respect of buildings in scope. It provides for developers to reimburse the Scottish Ministers for any funding already paid in respect of the assessment or remediation of a building in scope and set outs the procedure for dealing with any dispute or claim between developers and third parties, Scottish Ministers or other counterparties.  The DRC expressly makes the developer liable to the individual owners of buildings in scope for any costs suffered as a result of any default by that developer in the performance of its obligations under the DRC.

After a significant period of negotiation, it is positive to see the DRC in its published form and this certainly marks a key step in Scotland’s building safety journey. 2026 will see the DRC in operation and likely a significant increase in developer-led SBAs, so there will be lots more to come on this next year.

If you would like to discuss anything raised in this article, please get in touch with our Building Safety Group or your usual Burness Paull contact. 

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