Draft Higher-Risk Buildings (Keeping and Provision of Information etc.) (England) Regulations 2023

Debate between Paula Barker and Mike Amesbury

Wednesday 13th December 2023 General Committees

[Mike Amesbury (Weaver Vale) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Twigg and to respond on behalf of the Opposition Front Bench team.

I am very familiar with the Building Safety Act. I was the shadow Housing Minister who took it through the Public Bill Committee and Report stage, and I tabled amendments to it. We worked constructively with former Ministers—and, indeed, the Secretary of State—to bring it on its journey.

We worked with key stakeholders in our constituencies and way beyond, including Cladiators campaigners, the National Leasehold Campaign, End Our Cladding Scandal, and the UK Cladding Action Group—all groups that the Minister is very familiar with. The Act is a landmark piece of legislation. It changes the regulatory regime and creates a professional culture in the construction and development industry, focused on high-rise buildings, the definition of which is in the legislation.

As the Minister rightly said, the context is the learning from the Grenfell Tower tragedy, where 72 people lost their lives, and earlier fires such as Lakanal House fire. It must be acknowledged that progress has been made. A new landscape of regulation has been created. The Building Safety Regulator is now alive, although not quite kicking; we certainly have a shared interest to get that going in the right direction. Practical remediation has started on a considerable number of buildings, but there is more to be done. Far too many buildings are still not remediated, and some developers are not doing what they should be doing. The Chair of this Committee is very familiar with that, and has spoken powerfully to challenge that in Runcorn in his constituency, as Members across the Committee have done in theirs. There are still issues around insurance and the broader financial sector—mortgages and so forth—that the Minister has been addressing.

Let me turn to the regulations. As the Minister said, they are about the golden thread of information, the principal accountable person and any other accountable person for what is classified as a high-risk building. It is vital that all leaseholders and residents are given a voice and empowered by this new regime, through that critical information—we have spoken about the previous learning. The Minister also referred to the emergency services and other key stakeholders in the building safety regime.

A concern that has been raised with me by the UK Cladding Action Group and some notable lawyers—the Minister will be familiar with some of them—is the cost of the cladding scandal potentially being passed on to leaseholders. There is reference to industry, but the Minister and Members across the House will know from experience that the magic, non-transparent money tree is tucked away in service charges. I would like the Minister to elaborate on that point.

Regulations 7 and 8 and schedule 2 require paper copies, potentially of three different documents, given to everyone over the age of 16. At large sites, that may involve giving multiple copies to multiple residents and, across hundreds of flats, that would be thousands of copies. The regulations state that those should be paper copies, so the cost of servicing that could be quite challenging. Again, there could be an opportunity for a managing agent, who may be the principal accountable person, to put that on to a service charge. We have seen some evidence of that from early regulations in the not-too-distant past, which I will happily present to the Minister.

[Paula Barker (Liverpool, Wavertree) (Lab)]

Does my hon. Friend agree that it would be wholly unacceptable if the costs of additional paperwork that has to be filed were passed on to leaseholders in their service charges? They have already suffered enough. As we know only too well, 72 people lost their lives at Grenfell through no fault of their own. We have to do everything we can to protect these individuals.

[Mike Amesbury]

That principle has been debated at length. Various Government Ministers, including the Minister here today, have spoken about the fundamental principle that it should not be the innocent leaseholder who pays, but those who were responsible for this toxic mess in the first place. I would be interested to hear the Minister elaborate on that in his response.

It has been put to me that regulations 15 to 19 could be open to abuse. The only way to challenge service charges is to produce comparable evidence. As I have stated, most accountable persons will be managing agents, and they will grab every opportunity—we have lots of evidence of this—to give no details of their charges. There is another piece of legislation going through the House as we speak that might address some of those concerns. An example is the commercial confidentiality exemption in regulation 17, which managing agents could use to avoid being transparent and open about increasing—and at times, astronomical—costs. That could be an unintentional result of the regulation. I would like to hear the Minister’s assurance and elaboration on that point.

In summary, this is a technical and necessary statutory instrument, but the fundamental principle is that further costs should not be passed on to leaseholders.