RAAC - Private Owners Questions

Reinforced autoclaved aerated concrete (RAAC) is a reinforced form of lightweight concrete used to form panels or planks. It has no coarse aggregate like common reinforced concrete. These were mainly used in flat roofs but also in some floor and wall panel construction in the UK from the mid-1950s to the mid-1990s. There is evidence that it has been used in a limited number of buildings through the 1990’s and 2000’s.

RAAC was used in a range of building types, both public and private sector, but is believed to be more common in schools, hospitals and public buildings. It has been discovered in court, theatres, sports halls, public toilets, and a range of non-domestic buildings. It’s use in residential buildings is thought to be limited to roof top plant rooms, and some wall panels.

RAAC came to public and media attention in 2023, when the Department of Education (DfE) advised schools to close buildings with RAAC until safety work took place, just before the start of term.

Our advice reflects the guidance issued by the Scottish Government, the Institute of Structural Engineers (IStructE) and the Royal Institution of Chartered Surveyors (RICS). You should not attempt to identify or assess the condition of RAAC yourself. Due to the nature of the material, defects can be difficult to identify therefore, if you are concerned or unsure if your home may contain RAAC, then you should use a suitably qualified professional, such as an RICS chartered building surveyor or chartered structural engineer.  

Desktop surveys have been ongoing across the Council’s housing estate with an initial focus on flat roof properties. This also includes mono-pitched roof properties, which are roofs that only slant in a single direction.

To date we have identified circa 372 buildings (504 addresses) within the Balnagask area, that are understood to have RAAC construction panels within the roofs at the time they were originally constructed.  

We have concluded the RAAC roof surveys throughout the wider council housing estate and have found that the only properties containing RAAC are those previously reported in the Balnagask area of the city.

Regular Planned Preventative Maintenance (PPM) surveys, as recommended by the RICS, should assist in identifying and managing potentially defective materials.

IStructE advises building owners to determine whether their buildings contain RAAC. A building’s condition will determine whether monitoring its RAAC panels is appropriate or whether remedial or other works are needed.

[The steps for an owner or building manager to take in identifying RAAC planks would include the following:

• Note that RAAC planks were used from the mid 1950s until the early 1990s, so buildings (or extensions) built before or after this period are unlikely to be affected.
• Ask the local authority whether any similar buildings to yours in the area are known to have RAAC roof or floor planks.
• Check any records about the construction to see if RAAC is mentioned. But be aware that RAAC may not be mentioned even when it was used. Note that certain product names such as Siporex, Durox, Celcon, Hebel and Ytong are indicators of RAAC.
• If you do not know the construction type of a roof but it could be RAAC planks, then the roof should be inspected by a suitably qualified and appropriately experienced professional, such as an RICS chartered building surveyor or chartered structural engineer, who is experienced with this type of construction.  Suitably qualified professionals are detailed on page 16 of the Department for Education guidancehttps://www.gov.uk/government/publications/reinforced-autoclaved-aerated-concrete-estates-guidance .

There are reports of unqualified traders and scammers who are cold calling households offering RAAC surveys, according to Trading Standards. Always ensure that a qualified experienced competent professional who is a member of a regulated professional body such as the RICS and/or IStructE is employed for such work.

If you are concerned that your home may contain RAAC, we recommend that you have it inspected by a qualified Chartered Structural Engineer in accordance with the guidance issued by the Scottish Government and the Institution of Structural Engineers. The chartered Structural Engineer will be able to assess the condition of the concrete planks, whether RAAC is present, and advise you on any necessary mitigation works.

In the meantime, there are a few things that you can do to make your home safer:

• Check for any signs of damage to the RAAC planks, such as cracks, bulges, or discoloration. 
  If you see any damage, contact a qualified chartered Surveyor/Structural Engineer immediately. You should not undertake remedial action yourself.

It is important to take independent advice on the potential risks to you and to have your home inspected by a qualified Structural Engineer if you are in any way concerned.

The Council cannot provide you with property, legal or financial advice, you can find contact details for suitably qualified professionals via the RICS website or via the Institution of Structural Engineers website.  

Is every homeowner expected to carry out their own independent structural report? 

Private owners are recommended to have their property inspected by a suitable qualified Chartered Structural Engineer in accordance with the guidance issued by the Scottish Government and the Institution of Structural Engineers to determine if RAAC panels are present in their roofs.

Each property has to be treated on a case-by-case basis, as the existing condition of any RAAC panels (if present) could be different for each property. The responsibility of property maintenance falls to the homeowner.

We are committed to sharing what information is gathered from our own property surveys to help inform homeowners. While it is acknowledged that there may be similarities in the types of properties being surveyed, please remember that the surveys instructed by the Council were undertaken on our behalf and therefore should not be relied upon by private homeowners in regards to their own duties and responsibilities.

If you are concerned that your home may contain RAAC, we recommend that you have it inspected by a qualified Chartered Structural Engineer in accordance with the guidance issued by the Scottish Government and the Institution of Structural Engineers. The chartered Structural Engineer will be able to assess the condition of the concrete planks, whether RAAC is present, and advise you on any necessary mitigation works.

In the meantime, there are a few things that you can do to make your home safer:

• Check for any signs of damage to the RAAC planks, such as cracks, bulges, or discoloration. 
  If you see any damage, contact a qualified chartered Surveyor/Structural Engineer immediately. You should not undertake remedial action yourself.

It is important to take independent advice on the potential risks to you and to have your home inspected by a qualified Structural Engineer if you are in any way concerned.

The Council cannot provide you with property, legal or financial advice, you can find contact details for suitably qualified professionals via the RICS website or via the Institution of Structural Engineers website.  

If you are concerned that your home may contain RAAC, we recommend that you have it inspected by a qualified Chartered Structural Engineer in accordance with the guidance issued by the Scottish Government and the Institution of Structural Engineers.  

RAAC has proven to be not as durable as other concrete building materials. It has a variable service life which is influenced by many factors and an arbitrary time, such as the widely reported ‘30 years’ life span, should not be the deciding factor when decision making as it can last longer if the building is well maintained and the original design factors haven’t changed, (such as calculated load weights). There is a risk it can fail, particularly if it has been damaged by water ingress from leaking roofs which causes corrosion of the reinforcement, excessive thermal degradation, or if it was not formed correctly when originally made.  Poor original installation, cutting the reinforcement bars on-site, can dramatically reduce the end bearing capacity of the planks. It can fail suddenly, hence the recent action

As part of the findings of the option appraisal the Council have recommended the preferred option as demolition and to thereafter assess the viability of building new homes.

It is proposed that Aberdeen City Council will make efforts to purchase all the RAAC affected private properties to ensure ease of demolition delivery and a degree of equity and equality for all homeowners. Initially efforts would be made to acquire properties on a voluntary basis at their current market value this reflecting the principles of a compulsory acquisition process. For the avoidance of doubt this market value will consider that RAAC is present. 

The Council are not responsible for maintaining privately owned properties. When owned by the Council, the properties were maintained in accordance with our asset cycle maintenance. RAAC was an accepted and widely used building material across Scotland.

Yes, the properties have been maintained in accordance with the Council's asset cycle maintenance programme. 

The Council has a mandatory duty to secure best value in the performance and arrangement of its functions per the Local Government in Scotland Act 2003, and therefore the Council must balance its duties with the cost associated with that performance. Notwithstanding this. the Council is required to offer assistance where statutory duties from other legislation apply (e.g. where a person is at risk of homelessness). Additionally, the Council has various discretionary powers at its disposal, including powers of assistance to homeowners per Section 71 of the Housing (Scotland) Act 2006, but these powers are not mandatory and should be exercised in acknowledgment of the principles of best value and, if necessary, with Scottish Minister consent.

The Council cannot provide you with legal or financial advice. If necessary, you should seek your own independent advice.  

You can also find support in relation to health and wellbeing in the dedicated area of the website;

https://www.aberdeencity.gov.uk/services/social-care-and-health/citywide-mental-health-and-community-support-services

The Council cannot comment on private arrangements relating to home insurance.

You should contact your home insurer and discuss your insurance policy with them. Your insurer should be able to advise whether you have the necessary insurance cover in place to remedy the presence of RAAC within your property.

Any matters associated with insurance and remedial works will remain with you as owner. You are advised to discuss this with your insurance company and/or professional advisor. If necessary, you should seek independent legal and/or financial advice (which would be undertaken at your cost).

26th March 2024 update from Association of British Insurers:

Insurers appreciate that discovering RAAC within your property can be very distressing.

If a policyholder is concerned about the presence of RAAC in their building, they should contact their insurer to discuss the matter further.

The majority of Association of British Insurers member firms are not cancelling policies due to the presence of RAAC in homes in Balnagask, and insurers will consider the renewal of home insurance cover for properties with RAAC. If you are concerned about what the presence of RAAC in your building might mean for the future of your insurance cover, you should contact your insurer.  

Domestic buildings insurance policies are generally designed to cover damage from named perils such as storms, floods, subsidence or damage from theft.  Homeowners should still be able to claim on their insurance policies if they suffer damage from these perils.

Home insurance is not generally designed to cover wear and tear in a building, damage caused by defective materials or damage that happens gradually over time.  They’re not intended to cover design or build defects, or to replace construction materials that are gradually deteriorating over time. So, the replacement of RAAC is not likely to be covered.

The Association of British Insurers is discussing the situation in Balnagask with its property insurer members and they understand it is a priority for local parliamentarians, Aberdeen City Council and the Scottish Government.
 

The Council cannot provide you with financial and/or legal advice associated with your mortgage. You are recommended to contact your mortgage provider should you have any concerns.

Aberdeen City Council is acting on the recommendations contained in the independent structural engineers report and decisions taken based the options appraisal previously considered at Council Committee in August 2024 .

28th March 2024 update from UK Finance:

The approach of an individual lender firm might vary according to lending policies and risk appetites, and the individual customer’s needs and circumstances.

Generally, however:  

• Any customer worried about their mortgage and making their mortgage payments as a result of RAAC issues should speak to their lender in the first instance
• Lenders will support their customers according to their individual circumstances and needs
• Lenders will consider requests to product switch (with existing lender) in accordance with existing policies
• External remortgage (to another lender) might be more challenging as a valuation of the property would be required.
• Currently, it might not be possible for a mortgage valuer to value with certainty given the potential for remediation costs and possible future decisions about compulsory acquisition and demolition of the property, if Aberdeen City Council considers remediation is not financially viable.
  Early clarity from Aberdeen City Council on any remediation costs and the future of the homes in question would help to address this and support market assurance.  
• Lenders will consider requests for consent to let provided any incoming/ future tenants are made aware of the issues with the RAAC construction and potential remediation works.  This is subject to the property being confirmed by the City Council as safe for habitation.  
• If the property is subject to a Prohibition Notice, then lenders would support their customers as appropriate, depending on their individual circumstances. Customers should contact their lender directly to discuss this. 

The options appraisal has recognised that demolishing the houses affected by RAAC is a viable technical solution as it completely removes RAAC, thereby resolving the associated risk factors such as cracking and deflection. This option also has the least commercial impact in the short term.

The Council is proposing to voluntary acquire your property to enable the demolition and redevelopment of the site, which is necessary due to safety concerns related to RAAC. Since many of the properties are interconnected, acquiring all affected homes is the most efficient and safest way to proceed. The Council aims to reduce disruption and avoid operational complications from working around properties that remain occupied. The Council also seeks to ensure fairness and equity for all homeowners involved. 

Voluntary acquisition means that the Council will attempt to buy your property with your agreement, rather than through legal compulsion. We will work with you to agree on a fair purchase price with you that reflects the current market value of your home. For the avoidance of doubt this market value will include the fact that RAAC is present within the property. This is the Council’s preferred approach because it is generally more straightforward and quicker than a Compulsory Purchase Order (CPO). Reaching a voluntary agreement will allow you to receive market value for your property sooner, and it avoids a lengthy legal process associated with CPOs and other legal enforcement.

A Compulsory Purchase Order (CPO) is a legal process that allows the Council to buy property even if the owner does not want to sell. A CPO can only be used when it’s necessary for a public benefit, such as redevelopment for public safety. The Council would prefer to reach an agreement through voluntary acquisition, but if that is not possible, a CPO may be pursued as a last resort.

Given the decision to move towards demolition to address the long-term viability and safety of the affected area, the Council cannot be left in a position where some properties remain unresolved, as this could compromise the demolition deliverability and safety of the wider community.

The voluntary acquisition process is designed to be as efficient as possible. However, the exact timeline can vary depending on the circumstances, such as how quickly we can reach an agreement with you. The Council will work to complete the process as efficiently as possible while ensuring that your rights and interests are fully considered. By working together, the process can be completed more quickly than a CPO.

If you decide not to sell your property voluntarily, the Council may consider applying for a Compulsory Purchase Order (CPO) to acquire your home. Although a CPO is typically a last resort, it may be necessary to ensure that all properties on the site are acquired and the demolition can proceed as planned.

Market Value is the price your property would likely sell for under normal circumstances on the open market. This valuation is based on factors such as the property’s condition, location, and the current property market.

While the Council aims to offer fair market value, the process also needs to reflect best value for the Council. The Council has some discretion in this matter, but it is important to understand that the market value must balance fairness to you with the Council’s responsible use of public funds. Progressing with a voluntary acquisition often allows for a more favourable and timely outcome compared to CPO, where the compensation process may take longer and could be more rigid.

The Council has commissioned an independent valuation service to ensure that you receive a fair price for your home.

Yes, the Council will cover reasonable legal and professional fees related to the sale of your property. Payment will be made together with the sale price at settlement. While the Council will meet these costs, you will need to engage your own legal advisors. The Council cannot appoint solicitors for you but, if requested, we may be in a position to provide a list of recognised solicitor firms who are familiar with this process.

In addition, you may be eligible for Home Loss and Disturbance Payments to help offset the inconvenience and costs associated with moving.

If your property is worth less than the remaining balance on your mortgage (i.e. in negative equity), the Council will work with you to explore possible solutions to mitigate the impact on you.

While the Council has discretionary powers to provide support in such situations, the Council remains accountable to the principles of best value. Each situation will be reviewed and handled individually, and any support offered will be subject to careful consideration of the circumstances. The Council is not required to accept responsibility for any financial outcomes beyond what is possible under these discretionary powers.

The Council will seek to ensure that homeowners are not left in financial hardship due to the acquisition process, and that fair compensation is offered.

The Right to Buy Scheme, introduced in the early 1980s in the UK, mandated councils to sell homes to tenants at a discounted rate. This policy aimed to promote home ownership for those who might be otherwise unable to afford it, therefore transferring a significant portion of housing from public to private ownership. This process was initiated by the council tenant as a right to buy.

As part of the Right to Buy Scheme, the Council had a process of disclosing known defects to tenants, but this was undertaken within the confines of what was legally and practically known at the time. During this time, RAAC was an accepted building material in the UK and was still considered to be within its natural lifespan for building applications.

Council tenants who exercised their right to buy from the Council did so at their own risk and on the understanding that they were purchasing a property at discount and with the expectation that they should undertake their own independent survey to  assess the condition of the property they were purchasing (including but not limited to an ability to obtain independent advice and structural surveys). Properties were therefore sold on an “as seen basis” and with the added protection that tenants, having lived in these properties prior to exercising the right to buy, were closely connected and somewhat familiar with the property condition. In addition to any independent assessment, the tenants would be able to assess (first-hand) any issues with the property including any defects that were latent or inherent. This is a cornerstone of property transactions and reflects the broader principle of ‘caveat emptor (‘buyer beware’).