Building Safety (Remediation of Unsafe Cladding etc) Bill Debate
Full Debate: Read Full DebateAngela Rayner
Main Page: Angela Rayner (Labour - Ashton-under-Lyne)Department Debates - View all Angela Rayner's debates with the Ministry of Housing, Communities and Local Government
(1 day, 20 hours ago)
Commons ChamberI beg to move, That the Bill be now read a Second time.
Nine years ago, 72 people, 18 of them children, died in the Grenfell Tower tragedy. It was a deadly betrayal and a national tragedy that must never happen again. Let me start by remembering those who lost their lives and paying tribute to the bereaved families, the survivors and members of the Grenfell community.
In the time since, the community has campaigned to fix the building safety crisis exposed by the tragedy. That is why we are all here today—so that no one suffers as they have. A decent, safe and secure home is not too much to ask for, but for many it is still out of reach. Despite nine years passing since the Grenfell tragedy, up to 380,000 residents are still living in buildings with unsafe cladding. Every single one of them tells a story of someone unable to move on with their life, stuck in an unsafe home, unable to sell, and often unable to sleep at night. There are even stories of families evacuated without any guarantee of when they can return home. The mental and financial burden can become unbearable.
We have taken action, and we have accepted our responsibilities, but the truth is that others have not. There are still people and companies out there who are not acting quickly enough to make homes safe. Of the 4,724 buildings where unsafe cladding has been identified, work has been completed on only 1,849. Regulators have so far had to take enforcement action on over 900 buildings where those responsible were not taking their responsibilities seriously. As a Government, we will stand up for every leaseholder who is stuck in an unremediated flat, unable to move on with their lives and facing huge costs in the meantime.
When this Government came to power, the pace of remediation was unacceptably slow. That is why in December 2024 I announced the remediation acceleration plan—our blueprint to identify all buildings with unsafe cladding. We are now delivering on that plan, which means that buildings will be fixed faster and residents will be supported better.
I declare that I am a leaseholder whose home did have cladding, though happily that has now been resolved. I represent one of the largest concentrations of new builds with cladding, and there are serious issues, as the Secretary of State has begun to highlight. Back in 2020, the Public Accounts Committee issued a report about the need to improve skills and make more contractors available, so I appreciate the grip that she took of the situation in 2024 as Secretary of State. Will she flesh out a bit more what work she is doing with other Departments to ensure we get the necessary skilled workforce? That is one of the biggest factors that slows down my constituents’ getting the justice that they deserve.
My hon. Friend is absolutely right; we need to ensure that we have the skilled workforce this situation requires. The Ministry of Housing, Communities and Local Government, alongside other Departments, has put more investment into ensuring we have the people in post, and we will continue with that piece of work. We also launched a national identification drive to understand the scale of the problem.
I commend the Secretary of State for the Bill, the work she has done and the statement she just made. In my constituency, the local authority has been very good and effective at dealing with dangerous cladding—it did so immediately, which is to its credit, and that is basically the story across the whole country—but the private sector is less like that. In my constituency, a number of places including Drayton Park and Highbury Gardens among others have now had years with unsafe cladding, with people facing massive insurance costs and, as she rightly said, the inability to move on with their lives. Can the Government take over responsibility, ensure the work is done, charge it to the perpetrators of the problem and, above all, ensure there is compensation for residents for the massive insurance costs they have faced over the last few years?
I thank the right hon. Gentleman for his contribution. He is right to highlight the devastating impact on communities. The Bill will I hope go some way towards doing the things he wants to see for his constituents. Anyone who has deliberately failed to mitigate or remediate buildings that are over 11 metres will face tougher consequences as a result of the Bill, including fines of up to £500,000 and, where needed, criminal prosecution.
Since we launched the national identification drive to understand the scale of the problem, over 200,000 building records have been reviewed. That is significantly improving our understanding of the affected building stock and enabling remediation activity to be targeted more effectively. To drive the pace of remediation work, we also gave social housing providers equal access to Government funding schemes for the first time.
I thank the Secretary of State for the work she has been doing on dangerous cladding remediation. Some constituents of mine have been able to benefit from the remediation work for buildings under 11 metres, but could she say a bit more about when funding will become available? My constituents are still waiting on the release of funding for work that needs to take place.
I thank my hon. Friend for that. Hopefully, as we go through the Bill she will see how we are changing the emphasis in particular to ensure that the buildings most at risk will be remediated first. As I said, we have given social housing providers access to Government funding schemes for the first time, investing over £1 billion to ensure that the most vulnerable residents have safe homes. We have also ended the binary approach to remediation funding based on building height.
I thank the Secretary of State for being so generous with her time. Picking up the point made by my hon. Friend the Member for Lewisham East (Janet Daby), a number of my constituents are stuck in blocks that are not high priority. They do not have as much cladding to be removed, but they are down the list because there are not enough skilled people to do the work—it is not always that the developers are dragging their heels; sometimes that is an issue as well. Therefore, for the sake of a small amount of work, their lives are on hold. They are unable to sell their properties and find it challenging to get a mortgage—all the issues that we know people are still facing, many years on. Could she take that away for the Department to revisit some of the priority issues and get some of those blocks that could be done quickly up the list?
I thank my hon. Friend for that intervention. I hope that in the passage of the Bill she will see we are hoping that we can do that piece of work, because we do understand the devastating impact on people’s lives.
All buildings are now considered based on the risk presented to those living in them. As part of that, we have announced targeted funding for buildings under 11 metres with the highest risk so that the cost of fixing cladding on those buildings does not fall on the leaseholders. We will always ensure that developers pay their fair share towards making buildings safe. We have already agreed stretched targets for developers to accelerate work to assess and remediate buildings and we will hold them to account on their progress.
Jim Dickson (Dartford) (Lab)
Over the weekend, in Ebbsfleet in my constituency we saw the damage that a fire in a residential block can cause. I express my concern for those in Bodycomb Street who were harmed in that fire or have been displaced by it. Another block nearby, Heron Court, has recently had a waking watch imposed on it by FirstPort, with the costs accruing to residents. Do not those two instances underline for everyone in the House how important it is that we get the Bill through Parliament so that we can get some recompense and support for residents who are suffering under the current regime?
I am really sorry to hear about the situation in my hon. Friend’s constituency. Since the Grenfell tragedy, many hon. Members across the House have had similar experiences of fires, including fatalities. As I outlined in terms of the thousands of buildings that need remediation, that is one thing that weighs heavily on my mind every night as Secretary of State. I would not want my family to be in a property that was unsafe. That is why the Bill is so important. He made an important point about waking watches, which I will come to further into my speech.
Shockat Adam (Leicester South) (Ind)
Although only 10% of 394 developer-pledged projects have been completed, I believe that under the Bill resident management companies could face criminal charges while the developers who sign the pledges would not. Can the Secretary of State clarify whether that is the case?
We are trying to ensure that those who are responsible will be part of that. We know that manufacturers and so on have been using routes to try to get out of paying their fair share and doing what they need to do. This remediation Bill is about closing some of the gaps we see. I look forward to working with the hon. Gentleman as the Bill goes through the House.
We have also ensured that social housing providers have ambitious targets for the completion of all remediation work for which they are responsible. The data is clear that the action is working: since we published the remediation acceleration plan, remediation has been reported to be completed on over 470 more buildings. That is about 35,000 more residents who can at least feel safer in their homes.
May I press the Secretary of State a little further? In my constituency, there is a block of flats under 11 metres that has already been recognised as a priority, but the challenge is the release of that funding. Will she arrange to meet me or agree to look at that further?
My officials will have heard that call, and I or the Minister for Homelessness, Democracy, Communities and Faith, who is in her place, will be happy to meet my hon. Friend.
Coming back to the point made by my hon. Friend the Member for Dartford (Jim Dickson) about residents paying for costly waking watch patrols, we have provided an additional £62 million for fire alarms in buildings with defects. That will keep residents safe until remediation work is completed and save leaseholders about £280 a month.
We are also taking action on insurance. We will introduce secondary legislation to do two things: strengthen transparency and bring the insurance commissions ban into force. The ban will stop people—including freeholders and property managing agents—from passing those commissions on to leaseholders. That will end the incentive for unscrupulous landlords and agents to seek out unearned profits and simply pass the cost on to innocent leaseholders.
I thank the Secretary of State for her work on this. Some campaigners have raised concerns about past methods and how the Government have come to the conclusions on which they have legislated. There are concerns that legislation could be gamed by developers, making the situation much worse for residents. I would be grateful for clarification on that.
We are establishing a single, consistent approach to assessing external walls so that buildings are judged on the same basis. Central to that is PAS 9980, which will become the required standard for fire risk appraisals of external walls.
Before the end of the year, we will bring forward the Commonhold and Leasehold Reform Bill, which will put power back in the hands of residents and tackle unfair costs and charges. We will cap ground rents at £250 a year before reducing them to a peppercorn after 40 years, and also cap administration fees.
I welcome the Secretary of State back to the Cabinet. It took months of legal wrangling and court time to secure a £1 million refund for leaseholders and £9 million in remediation works on Empire Square in Southwark. Although I fully support the Government’s action to tackle freeholder delays and neglect, as well as some of the charges, will she set out how some of the penalty amounts in the legislation were set? The sum in clause 6 is capped at £14,000, which seems very low, given the overall sums involved. How is the Department working with leaseholders and other stakeholders to set fees that allow us to go at the pace required to deliver on her ambition, and that of the Government?
This is about meeting the challenges that we face, and making sure that those who are not taking responsibility, do. I am happy to continue the conversations with my hon. Friend to make sure that we get that balance right; that is what we want. We want those people to take responsibility and carry out the remediation. The remediation Bill before the House is the next major step in ending the building safety crisis.
Tessa Munt (Wells and Mendip Hills) (LD)
I applaud what the Secretary of State is doing. However, would it not be sensible to stop the business of fire engineers, paid for by the building owners, using PAS 9980 to sign off dangerous cladding as acceptable, so that assessments confirm that buildings meet building regulations?
We are working on that. PAS 9980 is the established approach used across Government remediation programmes. It provides a robust and proportionate way of identifying the risk of fire spreading through a building’s external walls and the action needed to keep residents safe.
This is a rare opportunity to get direct answers from the Secretary of State in the House. That is not a reflection on her, but that is what we are here for. I have a constituent who is an expert on fire safety. We know that the Adam Kiziak forged EWS1 form has been a real issue, and that fire safety is now considered by measures of tolerability, rather than to the set standards. I raised that in a Westminster Hall debate with the Minister for Homelessness, because it is a real concern, and the Bill does not address all of it. Is that in the Secretary of State’s mind? Will she meet interested Members of Parliament—cross-party, because a number of us have this issue—and my very able constituent, Ian Abley, who is an expert on the matter, to discuss how we can future-proof the system? We cannot afford mistakes made as we try to solve the problems of the past.
My hon. Friend’s intervention shows that the remediation Bill is crucial to us meeting our ongoing challenges with the remediation acceleration plan. The relevant Minister will be happy to meet her to go through the specifics relating to fire safety and the regulations on that.
The Bill will help us complete the task of identifying all remaining buildings that require remediation. It will introduce a register of 11 to 18-metre buildings, giving Government a complete record for the first time of all medium-rise buildings in England. It will also mandate how external wall assessments are carried out, to ensure a nationally consistent approach to remediation. Also, for the first time, the Bill makes it indisputable that responsible entities have to remediate building safety defects with urgency through a new legal duty to remediate. They must take action now or risk severe consequences, including criminal charges where appropriate.
It is unacceptable that enforcement is too slow and penalties are too weak to compel those responsible to act. We will give regulators the tools that they need, including the ability to issue escalating financial penalties, and to pursue criminal prosecution in the worst cases. From now on, no building and no resident will be left behind. Our new remediation backstop will allow public bodies to step in and carry out remediation work themselves. That will mean that residents have a route to remediation, even when the responsible entity is determined to ignore its duty to keep residents safe.
James Naish (Rushcliffe) (Lab)
Exactly 12 months ago, I met the then Minister, my hon. Friend the Member for Chester North and Neston (Samantha Dixon), alongside the mum and brother of Amanda Walker. Amanda sadly took her own life as a result of the cladding scandal, which consumed her completely. Before her death, she gave evidence to the other place, seeking five changes, included closure of the loopholes that leave non-qualifying and enfranchised leaseholders exposed, and an industry-funded remediation scheme. I know the Secretary of State is aware of Amanda’s case. Will she consider Amanda’s asks as the Bill continues through this place?
I thank my hon. Friend for highlighting that case and the incredible work that the family have done. Today, I wrote to Amanda’s mother, who has been tremendous in making sure that some of the measures in this Bill were included. It is a devastating case.
Our measures will be backed by tough sanctions, including provisions for cost recovery and the sale of responsible parties’ interests in the building, so that they cannot benefit. We will also bring an end to indefinite decamps, in which residents are evacuated from their home and given no assurances about when they can return. We will empower residents to make sure that their buildings are safe, even when the responsible entity is absent, neglectful or insolvent.
The Bill is not just about getting the work done, but about making sure that the cost of the remediation work is borne by those who are responsible for the building safety crisis. That brings me on to construction product manufacturers who produced unsafe cladding, released it on to the market, and have yet to meaningfully contribute towards the remediation work. As well as being unjust, that puts additional financial pressure on those who are getting on with doing the work. The Bill will fix long-standing gaps in the law: developers, contractors and others who have paid to make buildings safe will be able to properly pursue manufacturers, rather than being blocked by technical legal barriers.
That is not all. I intend to table amendments, as the Bill passes through Parliament, that go further on construction product redress. Through the Bill, for the first time, we will require relevant construction product manufacturers to contribute towards remediation costs that are met by the taxpayer. It is not right that taxpayers should shoulder the burden on their behalf.
At the heart of everything that we do to make buildings safe are the residents and leaseholders who bear absolutely no responsibility for the building safety crisis, but who feel its most acute consequences. The most important thing that we can do for residents is remediate their homes as quickly as possible, to ensure that they are safe. This is not just a safety crisis; for many leaseholders, the presence of unsafe cladding on their home has had a terrible financial toll. Although the Building Safety Act 2022 protects the majority of leaseholders from substantial building safety costs, there are some groups who remain excluded, and who are exposed to remediation bills. Some are forced to pay higher insurance premiums until their buildings are made safe. As a member of this Government, who are committed to lowering the cost of living, I am not prepared to let that continue, so I can announce that the Government will go further than ever to shield leaseholders from the financial burden of this crisis. I am pleased to announce that this Government will commit grant funding towards the remediation of high-risk, high-cost internal fire safety defects in eligible collectively owned and enfranchised buildings. Those buildings do not benefit from existing protections because there is no separate freeholder to carry the cost. The funding will narrow the gap between leaseholders in such buildings and those already protected from remediation costs under the Building Safety Act, giving them greater certainty and support in making their home safe.
I thank the Secretary of State for her drive and determination on this very important matter. Will she give the House a little more detail relating to that group of residents and, in particular, those who face issues with dangerous materials inside their property, such as wood, which have led to a potential fire safety problem?
Again, I thank my hon. Friend for raising this issue. Hopefully, what I have said today goes some way to reassuring those who have raised that issue with us. Since my return to Government, my noble Friend Baroness Blake, who is watching the debate, and I have met End Our Cladding Scandal. We have heard the requests of its members and other leaseholders to expand the leaseholder protections in the Building Safety Act. We have also heard from those who bought their first home, only to find it was a non-qualifying lease. The Government will investigate whether we can extend the protection to any leaseholder who owns a lease on their only or principal home.
We have also heard those who have spoken about the plight of those with small portfolios who were excluded from protection. As the Bill passes through Parliament, I will table amendments to expand the protection from three to six properties. In our manifesto, we committed to reviewing how to better protect leaseholders from costs. These actions show that we are a Government who are committed to keeping our promises.
I very much welcome what my right hon. Friend just announced about those who have found themselves the owner of a flat that they did not know was non-qualifying, because of a previous owner. It is clearly unfair that they should be penalised. Will that measure be retrospective? I have a constituent who unknowingly bought a non-qualifying flat and was gobsmacked—traumatised, actually—to discover what had happened to him. He faces potentially huge costs. Will someone who is already in that position benefit from the measure?
We are hoping to make sure that nobody is left out, or left feeling those pressures. My right hon. Friend makes an important point. I outlined before that many of the groups we have met recently are making the case that we need to push harder on doing everything that we can. As the Bill goes through Parliament, the Building Safety Minister is happy to meet Members to see how far we can go, so that we can make sure that we are doing everything that we said we would do in our manifesto. We committed to accelerating the pace of remediation, better protecting leaseholders, and ensuring that those responsible for the crisis pay towards putting it right.
Our record since 2024 shows that we are getting on with the job, but there is still work to do, which is why, through the Bill, we will go further than ever before. Every building that we make safe helps to give those living in these flats and those looking to buy a home confidence that they are safe. This is about restoring trust in our housing market, protecting our communities and bringing an end to the building safety crisis, once and for all.
I pay tribute, once again, to the Grenfell community—the survivors and the families who were affected—and to all of us who have contributed to getting to this stage, with the Bill in front of us. I commend it to the House.