Risks posed by RAAC: Implications for schools

To assist with any conversations regarding the presence of reinforced autoclaved aerated concrete (RAAC) in, at the time of writing, 156 schools and colleges, we have prepared this briefing note to set out some of our initial thoughts on the key issues that will need to be considered.

Clearly the priority for all is the need to get children safely back into the classroom as soon as possible. However, a timing issue arises for those in occupation of affected properties under the terms of the DfE model academy lease.

That lease (which confers repairing obligations on the tenant academy trust for any deterioration to the property) provides that the trust’s landlord may serve notice requiring any breach of repair covenants causing a breach of health and safety legislation or structural damage be addressed by works commencing within 56 days of the service of such notice. Despite the promise of financial support from the government for required capital works, it seems very unlikely that either funds or contractors will be available to all schools within that timescale.

Accordingly, it is imperative that landlords (generally local authorities) should commit to work collaboratively with all tenants to agree a reasonable timeframe for addressing these issues and which is consistent with central government funding proposals.