What to do about RAAC concrete in commercial buildings

Until late August this year, few of us had heard of reinforced autoclaved aerated concrete (RAAC). Then, on the cusp of the new school year, hundreds of school buildings constructed of RAAC were suddenly closed for inspection.

What is RAAC?

RAAC is a lightweight form of concrete used mainly in roof, floor, cladding and wall construction. It was a prevalent building material in the UK from the mid-1950s to the mid-1980s, and its presence is certainly not confined to schools. Indeed, RAAC in commercial buildings is widespread. And whether you are a landlord, tenant, or occupier of commercial premises, it’s essential to identify whether RAAC was involved in the construction, and if so:

• how that impacts the property, and
• how, in turn, that affects you.

Occupiers

Under the Occupiers’ Liability Acts (1957 and 1984) and workplace health and safety legislation, occupiers must ensure that premises are safe for employees, visitors and others. But this duty applies equally to:

• landlords with control over common areas;
• tenants who occupy; and
• owner-occupiers.

Failing to comply can result in civil and/or criminal liability if breaching that duty results in harm.

Landlords

As a landlord, you may be obliged under the landlord covenants in the lease to maintain the structure of the premises. You may also be liable for any harm resulting to tenants and third parties from any disrepair.

Also, under Section 4 of the Defective Premises Act 1972, a landlord with the right to maintain the structure may be liable to any third party suffering harm from any disrepair.

Tenants

As a tenant, you may have undertaken to maintain the structure of the premises. If so, you may be liable to your landlord to keep the premises in repair, including remedial work relating to RAAC.

Other stakeholders

In addition, other stakeholders, including regulators, lenders and insurers, may be interested in ensuring the appropriate handling of RAAC.

What steps should you take?

The following bodies have issued guidance on the correct approach to RAAC:

• The Health and Safety Executive
• The Institute for Structural Engineers

Both suggest a three-stage approach:

• Identify whether RAAC is present. In this respect, the Department for Education’s guidance is helpful for all building types. If in doubt, consider instructing a specialist surveyor or engineer.
• If RAAC is present, take specialist advice on the risk presented. Unfortunately, this may involve disruption to tenants or occupiers. Although a collaborative approach is always helpful, the nature of the business undertaken at the premises might be more likely to cause conflict. If so, seek legal advice.
• Manage any risk of harm. Subject to the advice received, this may or may not involve vacating the premises while further assessments or remedial works are undertaken. But it’s also important to appreciate that just because RAAC is present does not necessarily mean the building is unsafe. Specialists may instead recommend an ongoing programme of monitoring.