Monday 21st February 2022
(2 years, 8 months ago)
Grand CommitteeBuilding Safety Act 2022 View all Building Safety Act 2022 Debates Read Hansard Text Amendment Paper: HL Bill 98-I(b) Amendments for Grand Committee (Supplementary to the Marshalled List) - (21 Feb 2022)
The Minister of State, Home Office and Department for Levelling Up, Housing & Communities (Lord Greenhalgh) (Con)
My Lords, I was not expecting to be in what the Romans called a frigidarium for this stage of the Bill. It is positively bracing. I am sure that as the week wears on we will get a slightly more normal temperature. It is already slightly better, so it clearly just takes a bit of time.
I will try to capture each group of amendments in three words or fewer. I am going to call this group the “widening the scope” group of amendments—that is three words. I will go through each amendment in turn. In practice, I have sympathy with every idea that has been put forward. However, I would like noble Lords to consider that the more we widen the scope, the greater the risk that we will actually fail in the first duty of any Government, which is to keep people safe. Our focus has to be based on what it is reasonable to expect from a new regulator in the Health and Safety Executive. So, although I have sympathy, I will resist this group of amendments, because, when we talk about high risk, the scope has to be necessarily tight in order to give the HSE the chance to grow as a regulator and to implement this regime properly.
However, I thank noble Lords for their contributions to this first group of amendments. I believe that this is a landmark piece of legislation and a necessary one. I can feel the broad support that it has from all sides of the House, and I look forward to further debates in Committee. There has already been good discussion in this grouping, and I am grateful for the commitment from all noble Lords to improve the Bill and to reform building safety more generally. I have listened to the concerns raised by noble Lords and I thank them for their helpful contributions. As I said, I will respond to them all in turn.
I start by talking about the fire which the noble Lord, Lord Foster of Bath, mentioned. It is true that it was a staggeringly awful fire, even though there was no loss of life, and the noble Lord captured that very well in his speech. I have spent quite a bit of time trying to learn the lessons of the near misses, if you like, so I have met Geeta Nanda, chair of the G15, who I have known for some time. She is also the chief executive of the Metropolitan Thames Valley housing association, which manages Richmond House within Worcester Park, which consists of 23 households of shared owners. I have also met Dean Summers—on Zoom; I have not met him in person—who took over from Sean Ellis, and I had a meeting with him as the new managing director of St James.
It is fair to say that Richmond House, which was built in 2011 by the Berkeley Group—St James is part of the Berkeley Group—was built in a shockingly bad way. It was built without internal compartmentalisation and certainly would never have passed the building regulations at the time. There was also inadequate fire-stopping, which is one of the reasons why the fire spread so quickly. Candidly, it is absolutely right that the Berkeley Group pays for its replacement and addresses all the losses suffered by the shared owners. I am very interested in that, and I have asked for a report from the housing association and Berkeley on progress on doing precisely that. The building was not built in line with building regulations, so it should not have happened. It is a four-storey building and is under 11 metres, which, according to the building regulations, should not have been able to happen, so we have an example of someone having signed off a building that should never have been signed off. That is the lesson of Richmond House.
Sometimes regulation does not work. That, for me, is the lesson. The other lesson is that fire is a tragedy, not just when you lose lives but in the opportunities lost. This Bill does a lot to make housing overall safer, and we will have much better housing stock over the next 30 years than we have had in the previous 30 years.
Baroness Neville-Rolfe (Con)
Another problem at Worcester Park might have been the failure to implement the building regulations. I have found building regulation enforcement very patchy. There has been a lot of very aggressive enforcement of building regulations in my lovely county, yet here there has obviously been a disaster with building regulations. Is enforcement of the regulations not also important, and will that be improved by our work here?
Lord Greenhalgh (Con)
I think we need to ensure the competence of enforcement and that it works, and the competence of the people who assess buildings and sign them off as fit for human habitation. In the same way with crime where we want an absence of crime, we want an absence of these problems. Yes, we need to improve enforcement and there needs to be the strong arm of the law. That is why we want to have a strong regulator in this new regulator under the HSE. We have Housing Act powers for local authorities to intervene. The fire service has powers under the fire safety order. There are lots of powers and lots of regulators that can step in and do something about it. In this case, they all failed. Yes, we need to strengthen them. We understand a lot more about the inadequacies of some of the built environment, but my noble friend is right that we also need to strengthen enforcement.
I thank the noble Lord, Lord Foster of Bath, for his amendments. On Amendment 1, I hope noble Lords will agree that the regulator should exercise its functions in line with its first objective: to secure the safety of people in and around buildings. I am concerned that adding additional objectives for the new building safety regulator could distract from this mission. The Bill provides the regulator with a broader objective to improve the standard of buildings. Achieving this could involve the regulator improving regulatory standards relevant to property protection, such as security, resilience and fire safety, so the regulator’s remit already extends to considering these issues.
Adding a specific objective for property protection would have two main downsides. First, it would put property protection on a par with resident safety as a priority for the regulator. The Government believe that the regulator should prioritise residents’ safety and do not want the regulator to be distracted from that. There is a risk that a specific requirement always to consider property protection would result in the regulator favouring solutions that go beyond what is required for residents’ safety. The second downside is that this amendment risks skewing the building safety regulator’s oversight function. The Government intend the regulator to use evidence to identify emerging issues with the safety and performance of buildings and to make recommendations to Ministers on regulatory changes where needed. A property protection objective would distract the regulator from using evidence to identify and rectify the most pressing issues, which might, for example, relate to net zero and sustainability rather than property protection.
The pre-legislative scrutiny committee considered property protection but found that the existing objectives are a sensible starting point—I emphasise “starting point”. The committee suggested that the Government keep this under review. We are committed to doing this through the provision in Clause 135 for a regular independent review of the effectiveness of the regulator and the wider regulatory system.
Turning to Amendment 12, there are already powers for building regulations to cover specific aspects of building resilience. We believe that it is better that building regulations are targeted on specific issues rather than open-ended requirements. However, we recognise that, for residential buildings, further research into property protection is warranted. The impact of the loss of a home is significant, so we are taking this forward as part of the technical review of approved document B on fire safety. I thank the noble Lord for suggesting these amendments and respectfully ask him to withdraw Amendment 1.
Noble Lords
Lord Greenhalgh (Con)
I am the Minister with responsibility for fire as well as for building safety, and I will ensure that it is published in weeks and not months or years. Noble Lords will know that we have consulted twice now on PEEPs. I am pretty clear about the way forward, and it is about time that we as a Government came forward with a response. I recognise the pressure to do so sooner rather than later, and thank the Committee for raising the issue.
I recognise the concerns that have led to noble Lords laying these amendments and assure them that the Bill makes provision for the building safety regulator to consider a wide range of factors that influence the level of risk in categories of building before making recommendations or providing advice as to which categories of buildings should be considered higher risk.
I thank noble Lords for their contributions, and I hope I have given reassurance to enable them to withdraw and not press their amendments.
Lord Foster of Bath (LD)
My Lords, we are at a very early stage of consideration in Committee of this Bill, but I have to say that it is following a pattern that I have experienced on many occasions during the passage of other Bills. It was summed up beautifully by two comments. The first was from the noble Lord, Lord Crisp, who said in his excellent speech, proposing an excellent amendment, that the Bill cannot do everything but that there are some issues that we simply cannot ignore. Some of those issues have already been raised. For example, the noble Baroness, Lady Grey-Thompson, made an excellent speech, backed up by my noble friend Lady Brinton, in which she talked about the need to give disabled people more protection than is currently the case.
My proposal relates to the inclusion in the Bill of the protection of property, and the proposal from the noble Lord, Lord Crisp, relates to the need for safety considerations to include health and well-being. I say to the noble Lord that, later on, I will move Amendment 121, which concerns one such health and safety issue, the improving of the energy efficiency of existing buildings—something I desperately wish could be implemented immediately because, like everybody else, I am absolutely freezing at the moment. Sadly, 13 million homes in this country are so badly insulated that a lot of people suffer every day, and it is not just the odd inconvenience like the one we face today.
The second comment that shows how typical this pattern is was from the noble Baroness, Lady Grey-Thompson. At the end of her remarks, she said that she is expecting sympathy but not much movement. That is what we have just heard from the Minister today: a lot of sympathy and a clear understanding of the issues, along with probably a personal desire to do far more, but, in reality, a resorting to the usual things that Ministers—I am guilty of having done it myself—say from the Dispatch Box. Excuses were used, such as that we should not extend the scope because that would cause confusion. I ask the Minister to look at what the Government are doing in relation to Ofcom, the one regulator the Government never say cannot have its scope extended, with 300 additional staff having just been added to deal with the internet safety Bill. The other excuses are that this will be kept under review and that something will be available in the coming weeks.
The Minister has asked us not to press our amendments and that I withdraw mine. I cannot speak for other people, but these are all important issues to which I am sure we will return at future stages of our deliberations in Committee. I beg leave to withdraw the amendment.
Lord Thurlow (CB)
My Lords, I want to say a few words on PDR. It has been well exercised. First, I should declare my interests: I have practised for many years as a chartered surveyor and have two buy-to-let properties.
PDR is mentioned specifically by the noble Lord, Lord Shipley, in Amendment 135 and in Amendment 43 by the noble Baronesses, Lady Hayman of Ullock and Lady Pinnock. I think that PDR is a time bomb, I am afraid; I am sorry to say that. Conversions of redundant office buildings allowed as of right led to poor-quality developments. They are multi-let properties with many risks involved, and they are very recent conversions. They are taking place as we speak with little supervision. Developers who ignore the simple standards of fenestration, minimum square footage for a decent life, thermal insulation and other such things, as is happening today, are unlikely to respect building safety issues. PDR was hasty legislation. It was poorly thought through, then there was a scramble to tighten it up as it was extended. It is essential that this Bill addresses the PDR problem. I started by saying that it is a time bomb. If the Bill does not address it, it will go off. There will be tragedies as a result of PDR and those in society who are least able to defend themselves often end up as the tenants.
Lord Greenhalgh (Con)
My Lords, I think I should start by dealing with something that probably relates to the previous group. I am sorry that so many noble Lords have had such arduous journeys to get to the Moses Room today and then, having journeyed so far and so slowly, come to a Room that is so positively chilling. It is quite arduous at the best of times.
Just for clarification, in answer to the noble Baroness, Lady Pinnock, the high-risk regime includes hospitals and those care homes of six storeys and above. Essentially, it is those around 18 metres—there or thereabouts—but not in occupation, because different regimes apply to them, although the fire safety order applies to the whole built environment. I hope that gives clarity on the current scope.
I set myself the task of trying to encapsulate quite a varied set of amendments in each group in three words or fewer. I have called this the “strengthening building regulations” group: I will try and get three words down to two the next time I have to do this. I thank noble Lords for their contributions to what has been an interesting debate. I will respond to each amendment in turn.
I thank the noble Lord, Lord Stunell, for his amendment giving the building safety regulator the power to make building regulations under paragraphs 4A and 4B of Schedule 1 to the Building Act 1984, as inserted by the Sustainable and Secure Buildings Act 2004. However, I am afraid that the Government will not be able to accept this amendment as his intention has already been met in the Bill. We are introducing a more stringent regulatory regime in design and construction for higher-risk buildings, as defined in Part 3. The higher-risk regime will be the responsibility of the building safety regulator. We are also making wider changes to the Building Act 1984 that will apply to all buildings.
I point out to your Lordships that Sections 8 and 9 of the Sustainable and Secure Buildings Act 2004, referred to in the amendment, insert paragraphs 4A, under “Certification of work”, and 4B, under “Appointed person and management of works” into Schedule 1 to the Building Act 1984. As part of our improvements to the 1984 Act, the Bill repeals those paragraphs and replaces them with more effective powers via Clauses 32 and 33. These are more effective, stronger and wide-ranging powers. Clauses 32 and 33 provide powers for building regulations to set procedural requirements relating to building control, the issue of notices and certificates and requirements regarding appointments. They include setting out duties to be imposed on relevant persons in relation to building work. We also consider that the power to make building regulations should remain with the Secretary of State. This will ensure a consistent approach to all buildings; the Bill already provides that the building safety regulator will be able to advise the Secretary of State should it consider changes to the building regulations to be necessary. I thank the noble Lord for suggesting these amendments and respectfully ask him not to press them.
I always get worried—this is a new combination, as they say—when an amendment brings the noble Baronesses, Lady Hayman and Lady Pinnock, together. On Amendment 11, it is the Workington warrior and the Yorkshire terrier combined. I am trembling in my boots at the thought of Amendment 11 but let us look at it carefully. I thank the noble Baronesses for raising this important matter but I am afraid that the Government will not be able to accept this amendment. The Bill takes a proportionate approach to building control. In the new system, all building inspectors, regardless of whether they work for local authorities, the building safety regulator or registered building control approvers, will need to register with the building safety regulator. As part of the registration process, they will have to demonstrate their competence by meeting certain criteria.
A new framework of operational standards rules will define the minimum performance standards that building control bodies must meet, and the building safety regulator will monitor and analyse the performance of building control bodies to drive up standards across the sector. Registered building control approvers and building control authorities will need to obtain and consider the advice of a registered building inspector before carrying out certain building control functions and use a registered building inspector to undertake certain activities. This greater scrutiny and accountability will provide greater incentive to ensure all buildings, including non-higher-risk buildings, are safe. With that explanation, I respectfully ask the noble Baronesses not to press their amendment.
I turn to Amendment 43. I thank the noble Baroness, Lady Hayman, for raising this important matter. I am afraid the Government will not be able to accept the amendment, as our assessment is that it would not achieve its intended effect. I assure the noble Baroness that paragraph 1 of Schedule 1 to the Building Act 1984 already allows for the making of provision in the building regulations for all categories of buildings, as do the new powers that we are taking in Clause 32.
We are introducing a more stringent regulatory regime in design and construction, led by the building safety regulator, for high-rise residential buildings, care homes and hospitals that are 18 metres or more in height, or at least seven storeys, known in the Bill as “higher-risk” buildings. Those buildings to which this more stringent regime applies have been chosen to ensure that the regulation is proportionate to the level of risk, should a spreading fire or structural failure occur. We do not think it appropriate to apply the entire regime to all buildings. However, where appropriate, we intend to make elements applicable to all buildings, such as the duty-holder and competence requirements, which will apply to all building work where building regulations apply.
I turn to Amendment 127. I again thank the noble Baroness, Lady Hayman of Ullock, for raising matters relating to flood resilience. I appreciate the passion with which she outlined her desire to get this issue addressed, particularly in new homes, but I am afraid the Government will not be able to accept this amendment. I assure her that there is already a well-established regulatory system in place to ensure new homes have necessary flood-mitigation measures in place. The National Planning Policy Framework is clear that inappropriate development in areas at risk of flooding should be avoided. Where development is necessary, it should be made safe and resilient without increasing flood risk elsewhere. Policies in that framework must be taken into account in preparing the local authority’s development plan and are a material consideration in planning decisions.
The new clause that the noble Baroness, Lady Hayman, has proposed would require flood resilience measures to be introduced into the building regulations. Statutory guidance to the building regulations, in approved document C, already promotes the use of flood-resilient and resistant construction in flood-prone areas. Part H of the regulations also sets requirements for the rainwater and surface water drainage of individual buildings. The main sewerage system for a development is governed by the sewerage undertaker for the area—for example, Thames Water. The sewerage undertaker has the ultimate responsibility for ensuring that drainage systems for new developments are built to a resilient standard that minimises flooding, and these duties sit outside the building regulations system.
I thank the noble Baroness for suggesting the amendment. I hope I have reassured the Committee that the Government already have well-established means of making sure that consideration of flood risk and flood mitigation is thoroughly accounted for in the planning system, and that approved document C already promotes flood-resistant and resilient construction. For these reasons, we believe that introducing new requirements into the building regulations is not necessary.
I thank the noble Lord, Lord Shipley, for reminding me that I should probably declare my commercial and residential property interests—none of which has any cladding issues—as set out in the register, specifically on the amendment around permitted development rights because I have benefited from those in the past, though probably will not do so in the future. I recognise the risk that he has outlined and that is why I thought I should declare those interests.
Amendment 135 seeks to ensure that homes delivered under permitted development rights—PDR—for change of use to residential meet the provisions of this Bill. I thank the noble Lord, Lord Shipley, for raising this important matter, but I am afraid the Government will not be able to accept this amendment. This is getting quite repetitive, really, is it not? However, the noble Lord is raising an important point and I assure him that planning permission, whether granted by a permitted development right or following an application to the local planning authority, does not remove the need to comply with other legal requirements. That means all new homes and buildings must meet, for example, the relevant building regulations and fire safety requirements, as well as any other legal requirements required under other legislation, regardless of whether they are permitted through a permitted development right or following an application for planning permission.
We introduced a number of new requirements into the planning system, called planning gateway 1, from 1 August 2021. These ensure that fire safety matters as they relate to land-use planning are incorporated at the planning stage for schemes involving a relevant high-rise residential building. For schemes that use permitted development rights, a similar requirement has been introduced. Through new prior approval processes, proposals to create a relevant high-rise residential building under the rights require submission of a statement about the fire safety design principles, concepts and standards that have been applied to the development. Consultation by the local planning authority with the Health and Safety Executive is required for residential buildings of 18 metres or more in height or seven or more storeys, whichever is reached first.
Once again, I thank noble Lords for this interesting debate. I hope that I have given some reassurance on each amendment, and that noble Lords will now withdraw or not press their respective amendments.
Lord Shipley (LD)
Can the Minister give us clarification on Amendment 135? He said that new homes and buildings are covered by existing legislation and will be covered by this Bill when it becomes an Act, but does the wording “new homes and buildings” include the conversion of offices, which are old buildings, to residential? I understand that this is a complex area but I wonder whether the Minister is willing to write on this point so that it is on the record.
Lord Greenhalgh (Con)
I thank the noble Lord for giving me that get-out. He is absolutely right that this is a complicated matter. You often have an old office building from which you create a new residential dwelling. We will check whether that is included in the purview of this Bill, and I will write to the noble Lord on that matter.
Baroness Pinnock (LD)
Permitted development rights are not about just the conversion of offices into homes. Where I live, many old mill buildings have been converted. Some of them, particularly the one called Titanic Mills, are very large. There are additional risks in those buildings. Will the elements in this Bill apply to those conversions as well?
Lord Greenhalgh (Con)
I will combine the letter for the noble Lord, Lord Shipley, and the noble Baroness, Lady Pinnock. Essentially, they want an answer to this question: “If you take a non-residential building, whether it is an office block or a Yorkshire mill, and you create a residential dwelling, will that be in scope when it comes to a new build?” The start point does not matter—it is non-residential—so is it included? I will answer both noble Lords in writing and lay a copy in the Library.
Lord Stunell (LD)
My Lords, we have had an interesting debate. It might be summarised by the Minister saying, “Don’t worry, it’s already all in the Bill and everything’s in hand.” I say to the Minister that we shall want to look very carefully to see the extent to which it is, or is not, in the Bill.
On the interaction between the two clauses to which the Minister referred—Clauses 32 and 33—with Clause 30, which is entitled “Higher-risk buildings etc”, the essence and nub of my amendment on this aspect is to ensure the capacity for the building safety regulator to get straight in as necessary with every building, not simply higher-risk buildings. The Minister seemed to tell me that Clauses 32 and 33 achieve this. I will look carefully at that. If that is the case, I will be absolutely delighted, but if it is not, I shall come back again.
I beg leave to withdraw the amendment.
Baroness Hayman of Ullock (Lab)
My Lords, Amendments 6 and 149 in the name of the noble Lord, Lord Stunell, draw attention to timing and delivery. For example, his Amendment 6 would ensure that safety is dealt with in a timely fashion. If we consider that this spring it is five years since the Grenfell tragedy and that progress on that has been painfully slow, with leaseholders waiting many years for any kind of justice to be done, people need to know that with the passing of this Bill there will be no further delays. We agree with the noble Lord and would certainly strongly support a regulator’s assessment within a two-year period that would aim to improve safety.
Amendment 149 looks at a requirement for regular reporting to ensure transparency and accountability to Parliament of the enhanced building regulations regimes. Again, we very much support it; it is similar to Amendment 134 in my name, which would force the Government to publish annual reports on data collected as part of the implementation and monitoring of this Act, when it is passed, as well as steps to increase transparency. I am sure all noble Lords would agree that transparency, accountability and monitoring are important to instil confidence and deliver the ambition in this Bill.
The noble Lord, Lord Foster of Bath, spoke to his Amendment 129. Having heard from him, it is very much in the same spirit as my Amendment 127 on flood resilience, which we debated in an earlier group. Of course, his amendment would force the Government to publish an assessment of the impact of climate change on building safety, including coastal erosion and flooding, both of which are huge concerns where I live in west Cumbria. I am sure he will not be remotely surprised to know that I am extremely pleased to offer our very strong support on this amendment.
Looking at the amendments in my name, first, Amendment 89 would force the Secretary of State to publish an estimate of how much leaseholders have spent on building safety remediation work each year for the past 10 years. We have tabled this because it is disappointing that there is still no robust legal protection for leaseholders who face ruinous costs for remediating historical cladding and non-cladding defects. We know that, despite the long catalogue of people and organisations who can be held to blame for many of the failings on building standards, up to now the leaseholder has been expected to foot the bill. These bills, as the Minister knows, involve huge sums on many occasions.
During Committee in the other place, evidence was taken from some of those who have been badly affected: Alison Hills, Stephen Day and End Our Cladding Scandal. They all talked about the enormous bills they face and the fact that they simply cannot afford to pay them. If we are to resolve this issue so that affected leaseholders are properly compensated, we need to know how out of pocket they really are. My Amendment 89, by forcing the Secretary of State to publish this estimate, would provide information and enable us to properly give full recompense.
My Amendment 126 would force the Government to publish an assessment of the effectiveness of the Homes (Fitness for Human Habitation) Act 2018, plus proposals to increase the number of homes which would comply with that Act. We need to ensure that all homes, existing and new build, are of the highest standards. We have heard many examples from people in our discussions and debate today where this simply is not the case and has not happened.
We think it is important that the Government should publish an assessment of the effectiveness of that Act. I hope that the Minister would in particular be sympathetic to this amendment because his Government brought in that important legislation, and any legislation has to be complied with to be truly effective. This amendment would provide that reassurance and remind rogue builders that minimum standards simply must be met, so I await the Minister’s response with great interest. I hope I will see him tearing up his speech to prove the noble Lord, Lord Foster of Bath, completely wrong.
Lord Greenhalgh (Con)
My Lords, we come to the—I am sorry, it is the turn of the noble Baroness, Lady Pinnock.
Baroness Pinnock (LD)
The Minister is far too eager.
During the course of the debate on this group of amendments, it has struck me that the challenge of this Bill is that it is primarily in response to a terrible tragedy. That has meant that the scope of the Bill is quite narrow, in response to the terrible Grenfell fire—perhaps rightly so but then, from what we have heard, opportunities to improve building safety do not come round that often. So it is not surprising that noble Lords across the piece are trying to say, “Why don’t we include this?” An opportunity to do so will not come again for a long time.
The passionate argument made by my noble friend Lord Foster is a case in point. Climate change is the most serious challenge facing all of us. If we do not address the building regulations to deal with the challenges it poses, we are definitely missing an opportunity. I apologise for my cough; it must be all this sitting and standing on crowded trains. Excuse me; I am okay. There is an opportunity for the Government to think about including the issues of the particular challenges of climate change as they relate to buildings during the debates on the Bill, otherwise it is an opportunity lost.
On Amendments 6 and 149 in the name of my noble friend Lord Stunell, who has spoken on them and to which I have added my name, building safety is not just about construction; it is about the safety of people once they live in them. Having been a councillor for a long time, I have heard about a number of issues from private sector and housing association tenants. The dangers of stairways in particular often come up. That is the reason for Amendment 6 in my name and that of my noble friend. We need to consider those risks and how they are going to be addressed. If people are concerned about them, what are we going to do about it? There is no obvious way of doing that at the minute.
Any new system—such as the one we have now, which is quite complicated in parts—ought to be reviewed. There is a huge gulf between theoretical improvements to building safety and actual improvements. Does the new system work? I bet that parts of it will not; that is almost inevitable. So let us agree to Amendment 149. I know that the Minister is going to stand up and say, “All the others I have said no to, but this one is such a good idea that we will agree to it”.
Lord Greenhalgh (Con)
My Lords, I am getting used to the free-wheeling nature of these debates. I apologise that I stood up before the noble Baroness, Lady Pinnock, had her say.
There is no doubt that a large part of this is focused on high-risk, high-rise residential buildings, not least because of the tragedy of Grenfell, which followed the tragedies in Lakanal House and Garnett Court. We have also had near misses, such as the Bolton Cube, which was just under 17 metres and is one of the reasons why we talk about the cut-off being six storeys or more as it was a very big near miss.
There is that focus but, equally, it is fair to say that the Building Safety Bill also encapsulates building regulations for the entire built environment and makes a contribution to increasing competence among key actors, such as approved inspectors, duty holders, the accountable person and the building safety manager, to ensure that buildings in occupation remain safe. There are contributions around competence that will have wider benefit but what the noble Baroness said is right: this is very much part of our response to a broken regulatory system that we need to fix. I think that we recognise the need to do precisely that collectively in this Committee.
I thank noble Lords for a lively debate. This group of amendments is essentially around new reporting requirements. I shall respond to each amendment in turn.
The noble Lord, Lord Stunell, opened this short debate with Amendment 6 and the noble Baroness, Lady Brinton, spoke on it. I thank them for raising this important matter but I am afraid that the Government will not be able to accept the amendment. I pay tribute to my noble friend Lady Neville-Rolfe with her background as a civil servant who took that expertise to play a leading role in a supermarket. She did not mention which one but I know it was Tesco—every little helps—because I remember when she was in that position. It is important to reflect on when we can hold the Civil Service to account, as she put it. I understand where my noble friend is coming from, even if I do not accept it on this occasion.
Our assessment is that this amendment would unnecessarily prescribe issues to which the regulator must attend. I must also point out the unintended effect that this amendment would have in effectively restricting the regulator’s work to a limited list of subjects. Such prescription could unwittingly narrow the scope of the regulator’s focus and efforts. Furthermore, the imposition of a time limit could have the perverse effect of constraining the assessments being sought only to factors that can be determined within the timescales afforded.
I assure the noble Lord and the noble Baroness, Lady Brinton, that their intention to ensure that major safety issues are reviewed and assessed by the regulator has been met through the measures in the Bill. The building safety regulator will have a duty to keep the safety and standard of buildings under review and to be transparent about its work, reporting annually on the delivery of its functions under the Health and Safety at Work etc. Act 1974, and Clause 3 stipulates that it must be transparent.
I can also assure your Lordships that the specific areas of building safety identified in the proposed amendment are actively being considered by the Government under research projects being undertaken with the help of academia and stakeholders. These projects include the technical review of approved document B, which includes research on means of escape in blocks of flats, including stairways and ramps, and means of escape provisions for people with disabilities. As I am sure the noble Lord and the noble Baroness are aware, the Government have already conducted an assessment of the effectiveness of sprinklers as a means of fire suppression and, in 2020, we changed the statutory guidance so that sprinklers should be provided in all new residential buildings more than 11 metres in height, as opposed to the previous 30-metre threshold. I want to thank the noble Lord and the noble Baroness for raising this important matter and hope that I have been able to assure them that all aspects of building safety are of importance for the Government.
Before turning to Amendment 89, I pay tribute to Alison Hills and Steve Day, who were mentioned by the noble Baroness, Lady Hayman of Ullock. I got to know Steve Day in particular, but also Alison Hills. They worked very hard on constructive amendments which will help the thinking around getting the polluter to pay, because they are victims. In the case of Steve Day, it is a sign of triumph, because he is part of a group of people who, in their spare time, without pay, essentially fought a big developer to get it to pay for the remediation of their building, bit by bit. We need to pay tribute to these heroes who work tirelessly on behalf of their fellow residents to get the polluter to pay; they are people for whom I have huge fondness and regard. It is right that some people have shelled out huge costs and have not been able to get the polluter to pay, and there are many orphaned buildings—if you like—for which we cannot easily find out who is liable to pay. The question is, how do we deal with that? That is something that we as a Government recognise that we need to have an answer to, but let us leave that until a later part of this Committee stage. I am sure we will return to it on Report.
Turning to Amendment 89, on which the noble Baroness, Lady Hayman of Ullock, spoke, I thank her for raising this important matter, but I am afraid that, again, the Government will not be able to accept this amendment. The Government remain committed to ensuring that those responsible are held to account to protect leaseholders from unaffordable costs, but our assessment is that the amendment would not constitute an appropriate use of the Government’s time and resources. The amendment would require the Secretary of State to quantify the impacts for any leaseholders who may have carried out remediation of cladding and fire safety defects over the past 10 years, regardless of the nature and scale of the works.
I draw the attention of the noble Baroness to the amendments tabled on 14 February, which make clear that freeholders with links to developers and those with the resources to fund remediation in full must do so. In other cases, the contributions of leaseholders will be subject to a legal cap. The new schedule to be inserted before Schedule 9, tabled on 14 February, also provides the Secretary of State with the power to make regulations providing for the recovery of sums due that have not been paid. These amendments ensure that leaseholders will no longer be susceptible to large costs. The supplementary requirements that would be introduced by Amendment 89 would therefore present an unnecessarily onerous task that would increase costs and burden to the Government, where resources could be better employed. I thank the noble Baroness for raising this important matter and assure her that this Government are committed to ensuring that those responsible are held to account to protect leaseholders from unaffordable costs.
Turning to Amendment 126, I again thank the noble Baroness, Lady Hayman, for raising this important matter. Unfortunately, the amendment would have the effect of unacceptably increasing the burden on the Government at a time when we are concentrating on our programme of reform and raising standards in rented homes.
The 2018 Act built on the existing regulatory framework and empowered tenants, for the first time, to take action in the courts for breach of contract if their home was unfit to live in. That is why we supported it. It is right that this is in addition to, but separate from, enforcement of standards by local authorities, which we also strengthened in 2016. There is therefore limited benefit in requiring officials to spend time interrogating court records when we are, at the same time, concentrating on building on the 2018 Act and further raising the standard of rented homes, higher even than the requirement introduced by the Act. We will do this by consulting on introducing a legally binding decent homes standard in the private rented sector and by reviewing the decent homes standard itself, and we will provide more detail in due course.
I now turn to Amendment 129. I wish the noble Lord, Lord Foster of Bath, had provided my speaking notes as he has such command of detail. It is quite incredible and testament to his long-term passion, commitment and interest in the subject. I certainly learned a lot about the almost dystopian future that certainly my children—probably not me—will to have to deal with. It is probably why school-age kids are so nervous about this. It is horrendous. Amendment 129 raises a very important issue and while the Government will not be able to accept this amendment, I hope to reassure the Committee that Clause 5 already makes appropriate provision for this and that risks to buildings as a result of climate change are already being dealt with through existing locally driven action.
Clause 5 places a duty on the building safety regulator to keep under review the safety and standards of all buildings. This would include advising industry and government on research into new or emerging risks, such as those presented by climate change. The regulator will also advise on and prepare proposals for changes to building regulations. Climate change mitigation and adaptation are intrinsic components of the building regulations and will remain so. We also recognise the importance of ensuring local authorities work with their communities to understand the risks buildings may face as a result of climate change. However, the amendment would duplicate existing locally driven action; for example, the requirement on lead local flood authorities to assess flood risks across their area through the local flood risk management strategy or the requirement for local authorities to develop the best approaches to managing the risk of coastal erosion and flooding through shoreline management plans and local planning policies.
I turn now to Amendment 134 and will respond to Amendment 149 at the same time. I thank the noble Lord and the noble Baronesses for raising how we monitor the effectiveness of the Bill and hope to reassure them that the Bill makes appropriate provision for monitoring. Dame Judith Hackitt’s independent review recommended that we ensure that the new system works through regular independent reviews. Clause 135 requires that these reviews happen at least every five years and that the resulting report must be published. In addition, the building safety regulator must report annually on the performance of its functions under the Health and Safety at Work etc. Act 1974. Clause 3 further stipulates that the regulator must be transparent and accountable. The Government intend that the regulator’s published strategic plan, required by Clause 17, will set out further detail on what it must report on.
Finally, the Bill ensures that crucial aspects of the new system are included in the regulator’s annual reporting, notably engagement with residents under Clause 19 and mandatory occurrence reports, which can help industry track safety issues, under Clause 20. Further reporting requirements risk duplication, complexity and additional bureaucracy. Amendment 149 would also require the Government to report on the exact number of certified building safety managers and fire risk assessors when certification is not a function of government under the Bill. In light of the strong existing provisions, I hope that I have provided sufficient reassurance and that your Lordships will be content that the Government have fully addressed the concerns raised in the amendments.
Baroness Blower (Lab)
I have a question about flooding in London. I am sure the noble Lord is aware of an article in the Observer yesterday—I declare an interest in that I live in Shepherd’s Bush, where a month’s worth of rain fell in one day in July last year. The point of this article was that in London very many people live in basements, which are at serious risk of flooding, and it suggests that people may drown in their own homes if there is flash flooding. The further aggravating point is that no one seems to be aware how many people live in such basements.
I simply ask the noble Lord whether there is any intention to take a strategic look across London; there are clearly responsibilities on local authorities but, at the London-wide level, there seems to be no requirement to look at this. I would be very interested to know what he thinks, particularly in light of Hammersmith and Fulham having been afflicted so badly.
Lord Greenhalgh (Con)
My Lords, I have some experience of this, having led the council that includes Shepherd’s Bush and Hammersmith and Fulham for six years. Even in that time, there were significant incidents of flooding in basements and quite serious concerns. It did not just happen in Shepherd’s Bush, but from Hammersmith and Fulham right up to Old Oak, and it is the same for many inner London boroughs that have basements as well. It was a very significant issue for local authorities, but I think it is quite proper that the mayor, as the first port of call, should have strategic oversight of how we develop the built environment in our capital city. I expect the mayor to take a lead role on this, if I were to pick any level of government. At a national level, I am the Resilience Minister and am happy to take away anything else we need to do to address the specific concerns the noble Baroness has raised, because it is important we recognise that this is a real risk to our built environment, which will get worse in the coming years.
Lord Stunell (LD)
My Lords, I listened carefully to what the Minister had to say. Here we are, on the first day in Committee, with one set of amendments dismissed for one set of reasons and an absolutely contrary set of reasons given to deal with this one. Previously, the case was that we should not add any extra duties to the list of requirements of the building safety regulator because it would confuse it; now the risk is that, by listing only four things, we are limiting the scope of the building safety regulator to take on additional things.
I would have thought that, if in two years we had reports before us on what to do about fire suppression systems and whether the safety of buildings would be enhanced—and, if so, to what effect—by making some changes to the current regulatory environment; if we had a similar thing on the safety of stairways and ramps, on which a number of noble Lords spoke eloquently at Second Reading; if we had the certification of electrical equipment and systems properly analysed by the building safety regulator, with the expertise it can bring, and a proper evaluation of their importance, or lack of importance, brought back to us; if we had provision for people with disabilities, which the noble Baroness, Lady Grey-Thompson, and my noble friend Lady Brinton spoke about so eloquently earlier; if all those matters could be brought back in two years, the building safety regulator would have done a real service to the safety of homes in which people live and would have answered many of the questions and put in train solutions to many of the concerns that noble Lords raised at Second Reading.
I absolutely do not believe that that limits the subjects the building safety regulator might be able to get to grips with. In case it did, the amendment goes on to say that it should also
“give notice of such other matters relating to safety of people in or about buildings that they determine require further examination.”
That is the “and anything else” requirement to go with those four. I do not accept that the Minister’s criticisms of this amendment are right—there may or may not be other criticisms he could have made, but he did not choose to do so. Although I will withdraw this today, I give notice that this will certainly come back at a later stage.