It is not often that concrete makes front page headlines, but lately there has been widespread concern relating to the structural safety of schools, which has coincided with the post-summer holiday return to the classroom. Mainstream news coverage has, unsurprisingly, ignited a level of panic among the public regarding the widespread use of Reinforced Autoclaved Aerated Concrete (RAAC) since the 1950s, and in particular, how this might affect schools, housing, and commercial buildings. However, is this panic justified?

What is RAAC and why is it causing a problem?

In contrast to traditional concrete, which is dense and brittle, RAAC is lightweight and porous, and during the height of its popularity was regarded as being better suited for use in flat roof construction than its non-porous alternative. The planks were manufactured off-site to speed up the construction process and then assembled on site to form roofs, floors, walls, and cladding. RAAC was heavily used in public sector projects in the UK, including schools, hospitals, and housing projects, from the mid-1950s to the mid-1990s, being both cheaper and easier to manufacture. As the saying goes: if it seems too good to be true, it probably is.

Concerns over RAAC’s long-term durability were raised in the 1990s and its use was phased out. Having a lifespan of approximately 30 years, and a potential for water-ingress issues caused by the air bubbles, we are only now seeing the effects of its shortfalls. Over the last few years, several buildings containing RAAC have collapsed, and the government are now fully cognisant that RAAC is a very dangerous form of material. Various government departments have already identified that RAAC is likely to be present in over 500 schools and 34 hospitals – and, as recently reported, in Heathrow and Gatwick airports. Indeed, RAAC could be present in thousands of public (and former public) sector buildings which presents a widescale danger to the safety of the occupants of those buildings.

Ownership and repair obligations:

It will come as no surprise that the freeholder of any building will be ultimately responsible for repair obligations, and therefore for any structural defects caused by the presence of RAAC and their consequences. Depending on when the building was built and the terms of any relevant insurance policy, freeholders may be able to bring a claim against, for example, a developer. Organisations owning buildings have a duty to ensure that their premises are safe to occupy. If not, they could be found guilty of the offence of corporate manslaughter.

Where a landlord/tenant relationship exists, the first port of call is to look to the lease. The terms of the lease will ultimately determine where the repair obligations lie, and freeholders must be clear on what these are to avoid any potential legal fallout. As a matter of convention, the landlord will almost always be responsible for structural repairs, particularly those relating to areas of the property that RAAC is likely to be present in.

Commercial buildings often have shorter lifecycles than their residential and publicly owned counterparts, which are more heavily affected by RAAC issues. Their frequent renovation is unsurprisingly due to the recurring need for repurposing and redevelopment, as well as private building owners having the funding to back it. The presence of RAAC is therefore less widespread in commercial lots and poses less of an issue. The only exceptions are likely to be in buildings that were constructed between 1950 and 1990 and have not undergone any significant redevelopment since then.

Costs recovery

Building owners whose properties are confirmed to contain RAAC should check the terms and conditions of their insurance policy, as costs may be recoverable for claims relating to:

• repair or mitigation of RAAC; and/or
• loss or consequential loss.

Something to be aware of on expiring policies, is that insurance companies may look to exclude future RAAC-related claims from new or renewed policies. Any confirmed presence of RAAC should be reported to the insurer as soon as possible, in order that any potential claim does not fail due to a lapse of time. If in any doubt, seek advice from an insurance law specialist.

What next?

Even if there are no immediate signs of structural deficiency, it is worth appointing a surveyor as a matter of priority to assess the integrity of the building, particularly if you suspect or are aware that RAAC is present, as well as seeking legal advice in checking the repair terms under any existing leases, and the terms of any building insurance.

It is critical that the government co-ordinates a register of all buildings where RAAC is likely to be present and issues urgent and transparent advice to the owners of those buildings and the public generally regarding how to manage the immediate and long-term safety risks posed by RAAC. Interim measures such as temporary structural supports could alleviate safety concerns whilst longer term solutions are devised.