Newham Council pursued legal action using its powers under the Housing Act 2004 after Chaplair failed to remove dangerous cladding on the building by the 31st March 2021 deadline issued by the council in September 2020.  

Work eventually began in May 2021, with the cladding removed by February 2022.

The council argued that there was no reasonable excuse for the delay.

The prosecution marks a major milestone for Newham Council’s Cladding Action campaign which puts pressure on building owners and responsible parties to act urgently to complete all fire safety works required — including removing all outstanding and unsafe ACM cladding in blocks — or face prosecution. 

Newham Council is now the first local authority in Britain to successfully prosecute a building owner for failing to remove flammable cladding. 

Rokhsana Fiaz OBE, the mayor of Newham, said: “We have zero tolerance for owners of buildings delaying essential life-saving fire safety work.

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“Failing to remove dangerous cladding as quickly as possible places lives at risk and, where necessary, we will act with full force using the powers we have to protect our residents.

“Six years after the Grenfell Tower disaster, today’s decision by the court symbolises a landmark ruling in our fight to raise standards and hold building owners to account in Newham. 

“This monumental ruling sends a clear warning to all building owners operating in Newham that they must act swiftly in the interest of our residents’ safety first and always, otherwise we will take decisive action against you.”

In his ruling, Tan Ikram, deputy chief magistrate, wrote: “A valid improvement notice was served, and the defendant company did not carry out the required remedial works relating to the external facades within the required period.

“The defendants have failed to satisfy me that they have reasonable excuse in failing to comply with the improvement notice.

“I therefore find Chaplair Ltd guilty of the offence.”

The case will return for sentencing on 31st October 2023 at Westminster Magistrates Court.