Housebuilding: Target

Baroness Jones of Moulsecoomb Excerpts

Wednesday 30th March 2022 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, I cannot give that particular statistic; what I can say is that we recognise the importance of getting these standards right. We have consulted very recently on options to raise the accessibility of new homes and we continue to focus on ensuring that we have homes that work for people of all ages and are suitable for older and disabled people.

[Baroness Jones of Moulsecoomb (GP)]

My Lords—

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[The Lord Privy Seal (Baroness Evans of Bowes Park) (Con)]

My Lords, we will hear from the Green Party.

[Baroness Jones of Moulsecoomb (GP)]

Thank you. How many of the homes that have been built are net-zero carbon and, therefore, how many are left to be very expensively retrofitted for energy efficiency later?

[Lord Greenhalgh (Con)]

My Lords, we seem to be going around every type of housing that we could possibly build, but it is very important to recognise that we have a future homes standard, that we have set that to be in place by 2025 and that we continue to build homes that are reducing our carbon footprint—and, actually, modern methods of construction are precisely the way to do it.

Building and Fire Safety: Leaseholders

Baroness Jones of Moulsecoomb Excerpts

Monday 14th March 2022 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, there is no doubt that £15,000, paid over five years, is a substantial sum, but the reality is that some poor leaseholders who are victims have paid far more than that on interim measures before a single bit of remediation has been done. Having a cap on leaseholder costs ensures that they are no longer fleeced through Section 20 notices to pay for mistakes for which they are not responsible. That is what that protection achieved and, through regulation, we can broaden the impact to protect those with the very narrowest of shoulders.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, we have a problem going forward, because cladding, if it is put in properly, can be an option to make older houses thermally efficient. Have the Government thought about reassurance measures so that cladding remains an option for, for example, all the thousands of pre-1930s buildings?

[Lord Greenhalgh (Con)]

That is a very good point: cladding per se is not necessarily a bad thing. What we cannot do is wrap our buildings up in cladding where the effect on the spread of fire is a bit as if it had been coated in petrol. Cladding provides the warm homes that many people enjoy. If you carry out remediation in an insensitive way, it removes the protection for leaseholders in the insulation required to make the home liveable. Therefore, remediation needs to be done in a sensible and thoughtful manner with people who are living in their homes. Of course, we need to ensure that we promote good cladding systems and remove the bad.

Building Safety Bill

Baroness Jones of Moulsecoomb Excerpts

Committee stage
Wednesday 2nd March 2022 Grand Committee

[Lord Greenhalgh (Con)]

No.

[Baroness Jones of Moulsecoomb (GP)]

Has the noble Lord been drinking?

[Lord Greenhalgh (Con)]

I have not been drinking. I have had some Polos. In fact, I am not drinking anything at all.

I move on to the next campaign, which is electrical safety first. In fact, I am being bombarded with emails and letters. I promise noble Lords that I have had the briefing document from NAPIT—it followed up even today to check that I had it. That is also an incredible campaign.

I have to say that I particularly enjoyed the way the noble Lord, Lord Foster, introduced these amendments. His Amendments 122 and 123 have both been brought forward to ensure electrical safety in homes. I thank the noble Lord for raising this important matter and for his comments on the matter at Second Reading, but I am afraid that the Government cannot support these amendments.

We recognise the intention of these amendments, but we believe that they place a disproportionate burden on leaseholders in high-rise buildings. Under Amendment 122, high-rise leaseholders would be required to obtain and keep up to date an electrical installation condition report—an obligation we place on no other homeowner. Under Amendment 123, that obligation would also be placed on leaseholders who live in mixed-tenure high-rise buildings. “Mixed tenure” is defined as buildings where in addition to leaseholders there are also social housing or private rented tenancies. We believe that leaseholders living in their homes have a fundamental motivation to ensure that their home is safe and will take steps to ensure the safety of electrical installations. Therefore, we do not currently believe there is sufficient evidence to place further burdens on leaseholders in high-rise buildings.

I also assure the noble Lord that the intention of ensuring that residents take an active role in ensuring the safety of their building has already been met in the Bill. The Bill imposes a new active duty on residents not to create a significant risk of spread of fire or structural failure and empowers the accountable person to enforce these duties through the courts. These are systemic changes that are broader in scope than specific requirements for an electrical installation condition report; they will promote genuine collaboration between all parties in keeping their building safe.

The Government thank the noble Lord for raising this important point and will highlight in our guidance to accountable persons and residents the importance of considering electrical installations as part of their building safety decisions. With that assurance, I must ask him not to move his amendment.

On Amendment 124, I thank noble Lords for raising this important matter, but I am afraid that the Government will not be able to accept this amendment. However, I can assure them that their intention is being met by the Government. In the Social Housing White Paper we committed to consult on electrical safety requirements in the social sector, and expert stakeholders participated in a Government-led working group last year to inform the content of that consultation. The working group considered the mandating of electrical safety inspections in all 4 million social homes, not just those in high-rise residential buildings, as moved by this amendment. The group also considered how to keep social housing residents safe from harm caused by faulty appliances. We will consider whether the best way forward to protect social residents from harm is to mandate checks and bring parity with standards in the private rented sector, and it is important that we work through all the issues to reach the right decision. The consultation will be published shortly.

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Moved by

[Baroness Jones of Moulsecoomb]

132A: After Clause 133, insert the following new Clause—
“Local authorities: impact of land contamination on building safety
Local authorities must assess, within their local areas, the risk posed by land contamination to building safety.”

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[Baroness Jones of Moulsecoomb (GP)]

Noble Lords may have noticed that I am not my noble friend Lady Bennett of Manor Castle, but I am here to move Amendment 132A and speak to Amendment 132B, both in her name. I am sure that the Minister is listening, because it is quite important that he agrees with me on this.

[Baroness Bloomfield of Hinton Waldrist (Con)]

I am listening.

[Baroness Jones of Moulsecoomb (GP)]

I am so sorry—I thank the noble Baroness.

These amendments create an obligation for local authorities to locate contaminated land in their areas and for the Government to review the management of contaminated land. This is the first parliamentary outing of what has been called Zane’s law. It is named for Zane Gbangbola, for whom the Truth About Zane campaign was also founded, which is still working. There is wide support for the campaign—from Sir Keir Starmer and Andy Burnham to the FBU, the CWU and the Conservative-controlled Spelthorne Borough Council—to get on the record the truth about the seven year-old’s death in Chertsey in 2014, when floods swept hideously toxic hydrogen cyanide into the family home from a nearby historical landfill site. That is not what the inquest verdict concluded in 2016, but the campaign continues to fight that inequality of arms and the illogic of that verdict.

Last year, Zane’s parents, Kye and Nicole, and their supporters took up an even broader issue: the question of why it was that they and the rest of the community had no knowledge of the danger of the historic landfill site near their home. I am old enough to remember Aberfan in 1966; it was a well-known site, but it was unstable. As most noble Lords probably know, 116 children and 28 adults were killed when the landslip came on to a school. What happened to Zane—and his father Kye, who was left paralysed by the hydrogen cyanide—could awfully easily happen to another family or a whole community.

The issue goes back to 1974, when the Control of Pollution Act first took control over waste disposal. However, before that came into effect, many dumps were quietly closed and, since then, have been pretty well forgotten, as campaigner Paul Mobbs explains in a disturbing video, which I do not have here with me. EU regulations on waste and pollution required the tightening of those controls under the Environmental Protection Act 1990. Section 143 brought in an obligation on local authorities to investigate their areas and draw up

“public registers of land which may be contaminated”.

Section 61 gave local waste authorities powers to inspect closed landfills and clean them up if necessary. However, lots of new housing developments, in particular, are on old landfill sites. Under pressure, the Government held three consultations on contaminated landfill registers from 1991 to 1993, eventually deciding that the aforementioned Section 143 would not be enacted and all plans for public registers of contaminated sites would be dropped. The explanation given was cost and the desire not to place new regulatory burdens on the private sector.

Limited powers were brought in in 1995, although they did not come into force until 2000, which meant that when developers found contamination problems, public authorities often had to pay. But it got worse. In 2012, as part of the Cameron Government’s “bonfire of red tape”, to reduce the statutory burdens, the right of enforcement authorities to use the law was further reduced—the emphasis being on “voluntary” clean-up, with no real power to check it had been done. This is clearly a problem for existing buildings, but also for buildings being constructed right now. It is evident that there is a great risk at potential locations of new homes right around the country, from Carlisle to Cambridge, and Dudley to Newbury.

There is also the issue of the climate emergency and the new extremes of weather, particularly floods, but also heatwaves, that cause events such as that which tragically claimed young Zane’s life. To identify the size and scale of the problem, in every local authority in the land, there has to be a starting point to fixing it and preventing future risk to life. I beg to move.

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[Baroness Bloomfield of Hinton Waldrist (Con)]

I thank the noble Baroness, Lady Bennett, for tabling her amendments, so ably introduced by the noble Baroness, Lady Jones of Moulsecoomb. I welcome her raising the important issue of contaminated land in this Committee. As always, the noble Baroness, Lady Jones, made some very powerful points—as did the noble Baronesses, Lady Hayman and Lady Pinnock—on the need for speeding up the process of decontamination. I believe the ambition to bring a version of Zane’s law on to the statute book is well intentioned but I consider that the policy intent behind these proposals is already met by existing legislation and statutory guidance.

The noble Baroness, Lady Jones, is right that Section 143 was repealed, but it was replaced by Part IIA of the Environmental Protection Act 1990, which provides a framework for identifying contaminated land in England and allocating responsibility for its remediation. It provides a legal definition of contaminated land and lays out the responsibilities of local authorities and the Environment Agency for dealing with it. These responsibilities include a requirement for local authorities to inspect their area to identify actively land that may be contaminated, to investigate and remedy contaminated land and to maintain a public register of information relating to contaminated land. This includes contamination from non-operational historic landfill sites and is regulated by local authorities. Further, Part C of the building regulations requires reasonable precautions to be taken by developers to avoid any risk to health and safety caused by contaminants in the ground where they are carrying out building work.

Lastly, assessment of contaminated land risk currently focuses on the impact of contaminated land on human health and the environment. Shifting focus on to buildings and building safety may dilute the aims of the existing framework. Given that this existing framework is already embedded into legislation and guidance, the proposed amendments regarding contaminated land would create unnecessary duplication and could cause confusion for local authorities. Therefore, while I appreciate the concerns of the noble Baroness, I ask her to withdraw her amendment.

[Baroness Jones of Moulsecoomb (GP)]

I thank the noble Baroness for her response, and I will of course check the Environmental Protection Act, exactly what it does and what protection it gives. I also thank the noble Baronesses, Lady Hayman of Ullock and Lady Pinnock, for their support.

I care very much about this, even though this amendment is in the name of the noble Baroness, Lady Bennett of Manor Castle, because it seems that the poor always suffer. This is one of those things where, if you live on an old industrial site or whatever, you are likely to have a much lower form of housing and much less protection in any case. If we are talking about levelling up, this would be a very good thing to do.

By the way, I want all your Lordships in this debate to know that this is a much friendlier debate than the one next door. It was a real relief to come in here out of there; there will of course be another vote soon.

I understand that this is not the moment to push this amendment, but it will probably come back on Report. In the meantime, I beg leave to withdraw it.

Amendment 132A withdrawn.

Building Safety Defects

Baroness Jones of Moulsecoomb Excerpts

Monday 7th February 2022 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, I do not want to pre-empt 14 February, but it is very clear that, from Florrie’s law, which sought to protect leaseholders from high-cost building safety and remedial works, there will be a principle which protects leaseholders. I thank my noble friend for raising this issue.

[Baroness Jones of Moulsecoomb (GP)]

But there is still nothing in law, is there? The Government are talking large and saying, “From round the House, there’ll be lots of good ideas and householders can take these companies to court”. But why does the Government not set the law? Instead of expecting us to do their work, why not do the work themselves and make the rules?

[Lord Greenhalgh (Con)]

My Lords, I am used to the interventions from the noble Baroness. I had four years of it in City Hall and it is nice to join this great place and continue where we left off in 2016. However, I believe there is a process, which is getting Royal Assent. It is very clear that the passage of the Building Safety Bill is critical to ensure that we have those protections for leaseholders and that the polluter pays.

Leaseholders: Costs

Baroness Jones of Moulsecoomb Excerpts

Thursday 18th November 2021 Lords Chamber

[Lord Greenhalgh (Con)]

All major landlords, including social landlords, will have to do that as a matter of course. We are providing funds that will protect leaseholders where the balance sheet does not enable them to do so, and I have given those figures already. However, we ask for a sense of proportion from registered providers—I have reached out to the noble Baroness’s chief executive—not to inflate the bill just because the taxpayer sums are there, but to keep costs down. We need to ensure that together we remediate, mitigate where that is preferable to remediation, keep tenants safe and use the affordable homes programme to build more homes.

[Baroness Jones of Moulsecoomb (GP)]

It is not just the remedial work, it is also the fact that insurance premiums have gone up, leaseholders cannot sell their property and they sometimes have to have a waking watch, which is a 24/7 dedicated project to protect from future fires. The Minister said that the polluter pays, but that is not how I see it. The Government are using taxpayer money to finance this. Why are the Government not insisting that builders pay? Is it more corruption: these builders and developers are government friends, so they should not have to pay?

[Lord Greenhalgh (Con)]

I think that is an unfortunate line. Developers have caused this, and there are the insulation manufacturers and product manufacturers in the frame—for instance, for fire doors that do not act as fire doors. We have announced both a tax and a levy, and the new Secretary of State has further plans to ensure that the polluter will pay.

Building Safety Defects: Costs

Baroness Jones of Moulsecoomb Excerpts

Monday 18th October 2021 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, we are working very closely with the sector. I point out that there was a £400,000 fund specifically for providers in the social sector to remove aluminium composite material, the most serious form of unsafe cladding. In addition, where social landlords are thinking of passing costs on to leaseholders, there is an opportunity for them to apply to the building safety fund, which many of them have indeed done.

[Baroness Jones of Moulsecoomb (GP)]

Could the Minister answer my question in very simple language, because I just do not understand this? The leaseholders did not design the building, do not own it and did not apply the faulty cladding to it. So why are they paying anything at all towards replacing it?

[Lord Greenhalgh (Con)]

It is quite clear that the building owner and freeholder have responsibility for keeping the building safe. Whether the costs are passed on to leaseholders is a matter for the individual lease, but we are doing all we can to step in to help recoup the money that should rightly be paid by the developers and have also put forward taxpayer funding to the tune of over £5 billion at this point.

Leasehold: Building and Fire Safety

Baroness Jones of Moulsecoomb Excerpts

Thursday 16th September 2021 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, the Government support the principle that—in the same way you might go to a doctor and get an opinion, then seek a second opinion—we get the opportunity to have a second opinion on these matters, particularly where there are eye-watering costs. We do not want to see eye-watering costs levied when other mitigations provide a much more cost-effective solution.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, it is not only the developers that might be at fault. The manufacturers of the cladding and insulation also knew they had problems with materials but carried on marketing them anyway. Are the Government going to let them get away with murder?

[Lord Greenhalgh (Con)]

We recognise that many people are responsible and that the standard of construction products has not been at the level we expect. That is why we have brought in a construction products regulator, situated in the Office for Product Safety and Standards, to oversee that within BEIS. Obviously, we are looking at how best to ensure that this does not happen in future and that those responsible make a contribution.

Mortgages: EWS1 Form

Baroness Jones of Moulsecoomb Excerpts

Tuesday 29th June 2021 Lords Chamber

[Baroness Jones of Moulsecoomb (GP)]

I declare an interest as a former councillor in Southwark. The Minister is using lots of words such as “challenging this”, “working with so and so” and “taking a number of measures”, but have the Government actually made a simple statement, saying to the mortgage or finance companies that this is not necessary before giving money to people who want to move house?

[Lord Greenhalgh (Con)]

My Lords, we have been working very hard to ensure that there is clear guidance about when such a form is necessary. In certain instances, there is deemed to be sufficient life-safety risk that an EWS1 form is required. The issue at hand is to ensure that lenders take a proportionate approach, and that is best achieved through dialogue.

Flood Plains: Housing Development

Baroness Jones of Moulsecoomb Excerpts

Thursday 24th June 2021 Grand Committee

[Baroness Jones of Moulsecoomb (GP) [V]]

My Lords, I too congratulate the noble Baroness, Lady McIntosh of Pickering, my friend from the other side of the Chamber. I support what she and the noble Lords, Lord Whitty and Lord Kirkhope, said. Quite honestly, it is ridiculous that anybody builds on flood plains. I could understand it if we were skilled at building on stilts, an idea alluded to by the noble Lord, Lord Kirkhope, and skilled at accessing places on water, but building the sort of houses we build on flood plains is madness.

We all know that flooding is becoming increasingly severe and is expected to get worse and worse as climate change worsens. The Climate Change Committee warned just last week that the climate is changing,

“as studies into extreme weather events show that human-induced climate change has increased the likelihood of some observed UK precipitation extreme events linked to significant flooding impacts.”

That basically means there will be more flash floods as rain hits us harder and faster than we are used to, so we are likely to see more flooding. The Environment Agency has estimated that the number of houses built on flood-risk areas will double to 1 million homes in the next 50 years, and I think that will be a gross underestimation unless the Government change something quickly.

One argument the Secretary of State for Housing, Robert Jenrick, put forward for building all these new homes was that it would help young people on to the housing ladder. I do not know how many young people can afford a house in the south-east of England, but I suspect not very many. Of course, developers do not care. They get the money for the houses regardless; they just want to build as many homes as they possibly can as quickly and as cheaply as they can.

The noble Baroness, Lady McIntosh, talked about starter homes, community land trusts and affordable homes. These are options we must look into and be more serious about. For some reason, although the Government talk about them and set up ways to have them, they never seem to happen. We cannot solve Britain’s housing crisis—it is not just in Yorkshire but is a national crisis—by building shoddy homes in dangerous places, which is what this is. We need high-quality, safe, energy-efficient homes situated in ecologically sound places. That means that they stay dry. If the Government live up to their stated environmental ambitions or have the slightest bit of common sense, the way forward is obvious: we simply do not build on flood plains.

This should not even be a debate. I hope the Minister will state the obvious today— that will not happen—but I fear we will get some woolly answer about consultations and things happening in due course. It is a national problem that we cannot fix once these houses are built, because they will not be safe, dry or good to live in and, as several noble Lords have already said, it will be impossible to insure them. Once again, the Government are building for failure, and I do not understand why any Government would do that.

Private Landlords: Tenants with Pets

Baroness Jones of Moulsecoomb Excerpts

Tuesday 15th June 2021 Lords Chamber

[Lord Greenhalgh (Con)]

My Lords, we are happy to look at any ideas that encourage wider pet ownership, and I will certainly take that back to the department to consider.

[Baroness Jones of Moulsecoomb (GP)]

The Minister keeps talking about encouraging flat owners to do the right thing and allow pets, but he did not answer the question put by the noble Baroness, Lady Wheeler: what are you actually doing to encourage this?

[Lord Greenhalgh (Con)]

My Lords, we have set out a model tenancy agreement that encourages wider pet ownership. It also ensures that the landlord must give a clear reason why they will not accept a pet. This agreement strikes a balance between making it easier for responsible tenants to keep pets and ensuring that landlords are not forced to accept them.