Building etc. (Amendment) (England) Regulations 2022

Lord Stunell Excerpts

Tuesday 12th July 2022 Lords Chamber

[Baroness Hayman of Ullock (Lab)]

My Lords, five years on from the tragedy at Grenfell Tower, the 72 people who lost their lives and the dozens more who were injured must always be at the front of our minds. I have brought this Motion forward because I am concerned that the buildings regulations regarding combustible material will not apply to a significant number of buildings. I am also concerned that it has taken five years since the Grenfell tragedy for the regulations to be laid.

Although we may differ on exactly how to deliver justice following one of the worst disasters of modern times, can we all recognise that there has been consensus for change across this House to raise safety standards? For this reason, I am pleased that the Government eventually brought forward further legislative changes, but we feel that, unfortunately, this still falls short for buildings already built using combustible material.

The Secondary Legislation Scrutiny Committee expressed disappointment with a number of aspects of the amended regulation. It highlighted the delay in bringing forward the instrument, which I mentioned earlier. Although the review of the combustible materials ban was undertaken in 2019, the committee noted with concern that it took “several years” to bring forward the instrument, and the changes do not come into force until 1 December this year.

The committee also drew attention to the fact that there was limited explanatory material and that the changes will apply only to new buildings and existing buildings that are being renovated. Of course, this means that a significant number of buildings will be outside the scope of the ban. An Explanatory Memorandum and impact assessment were provided by DLUHC when the instrument was laid, but it was disappointing to note that neither document provides an indication of how long it will take to make safe the existing stock of hotels, hostels and boarding homes that are higher than 18 metres and that, under the current law, are outside the scope of the instrument.

The banning of combustible materials is vital; I am sure that the Minister recognises this. Yet in the past four years, at least 70 schools and 25 hospitals and care homes have been built using potentially dangerous material. While we can all hope that the regulations will prevent further buildings from being constructed with these materials, the fact that it took the Government over a year to even respond to the consultation on a ban on combustible materials is inexcusably slow. Because changes to building regulations and guidance are not retrospective, the situation is that the combustible materials ban applies, as I said, only to new buildings and to existing buildings when they are undergoing work. Our concern is that, as a result, significant numbers of existing buildings will not be covered by the ban.

In its response to the consultation two years ago, the Construction Industry Council recommended that the Government extend the ban on the use of combustible materials to a wider range of buildings than was proposed. It wanted the ban to include care homes, halls of residence and, potentially, schools. Its response said:

“There is also a case to extend the ban to buildings where there is a reduced capacity for escape such as care homes and hospitals and where young people assemble, (e.g. schools and nurseries) and public assembly buildings (e.g. theatres, libraries and community centres).”


We need to do as much as we can to protect the safety of the most vulnerable in our society. If we are to truly deliver justice, we must make all buildings safe, not just those which are new or undergoing construction or refurbishment. That means that not only should we raise safety standards, but we must put power back into people’s hands to ensure that such an appalling disaster can never happen again.

Another area of concern raised by the committee was that of enforcement. It noted that when the changes come into force in December this year, for effective safety improvements to occur, they will need to be enforced by the building control bodies which are also responsible for checking compliance and monitoring the operation of the combustible materials ban. I ask the Minister: is she confident that the legislation will be properly enforced? How will the Government monitor the situation and what resources are being provided? Does she acknowledge the concerns of this Chamber and the committee, and does she acknowledge that the widespread existence of cladding defects is a result of regulatory and industry failure? Do the Government have any plans to address and resolve this issue for those buildings that are not covered?

Ultimately, housing is not simply an asset to be traded, but is the fundamental cornerstone of a secure and happy life. My amendment recognises the outstanding deficits and risks in the legislation as it stands and the lack of government action on this. I beg to move.

[Lord Stunell (LD)]

My Lords, I am pleased that the noble Baroness, Lady Hayman of Ullock, has brought this to the House, because it is very important that we think of the terrible deaths, and the catastrophe surrounding those deaths, of the Grenfell Tower fire, and that we all commit ourselves at every stage to seeing that it never happens again. She has raised a number of issues which are very much in the same area of concern as those I wish to raise.

First, it is worth saying that we welcome the inclusion of hotels, boarding houses and hostels, which were not formerly covered. We also welcome the sensible updates and practical exemptions which have been introduced—for instance, for shop blinds and floor coverings on balconies —which are all very sensible.

The noble Baroness is absolutely right to say that we need to point out what this SI does not do, and to point out the very prolonged delays there have been in bringing it forward. That is a period when residents have had to live with that uncertainty. Designers, building owners and contractors have been left in doubt about what is safe and proper for them to specify, pay for and replace. At the moment, that uncertainty will not be settled until December next year.