Building Regulations and Fire Safety: Government Response

Baroness Brinton Excerpts

Thursday 17th May 2018 Lords Chamber

[Lord Young of Cookham]

I am grateful to my noble friend, himself a former Secretary of State at the Department of the Environment with responsibility for building regulations. The Hackitt review has recommended what she calls “gateways”—steps that must be fulfilled before the next stage in the construction process can happen, from design, to planning, to completion. On inspection, there is an interesting section in the report about approved inspectors, where Dame Judith sees a perceived conflict of interest and recommends some changes. On regular inspection, there is a recommendation that high-rise buildings should be inspected rigorously at least every five years for safety. On resources for the planning regime, my noble friend will know that we have recently increased the fees that planning authorities may charge with the increase being ring-fenced for actions such as enforcement.

I should have said in response to the noble Lord, Lord Beecham, that I have the latest figures from the royal borough on the rehousing of the Grenfell survivors. As of 14 May, of the 210 households that needed to be rehoused, 201—95%—have accepted offers of temporary or permanent accommodation. Of those, 138 have moved into temporary or permanent accommodation of which 64 are currently living in temporary accommodation and 74 have moved into permanent accommodation. Kensington and Chelsea Council is spending £235 million on providing the homes needed and we know that the council plans to spend an additional £83 million on top of the £152 million it has already reported spending. It has reported that it has now made over 300 permanent homes available to survivors to give people as much choice as possible.

On the building regulations, Dame Judith’s point was that the problem was not so much the regulations but a failure of the system that supervises and enforces them.

[Baroness Brinton (LD)]

My Lords, I declare my interest as a member of the Fire Safety and Rescue APPG. I welcome the report from Dame Judith. It is time that the principle of a golden thread ran right through the entire planning, delivery and maintenance of buildings. I know that many others agree with that. I endorse the comments made by my noble friend Lord Stunell about the timing of legislation coming through, and I hope that those things that can be done swiftly will start to give confidence to the various parts of the industry that changes need to happen.

Wearing my fire safety hat, I am slightly concerned that in the Statement the Minister referred to working with industry to clarify the building regulations fire safety guidance. I hope that does not just mean with the private industry side but includes the public sector, whether fire services or local government—or indeed those people who act as approved inspectors going in to have a look.

Five years ago, the Secretary of State promised a full review of the approved document B regulations after the Lakanal House fire inquest. We need an urgent review of those. My concern is that Dame Judith Hackitt’s review is not explicit about what will happen to them. If they are to be made part and parcel of a general regulations review, please will the Government assure us that the reasons behind the review proposed five years ago remain and will be addressed as a matter of urgency? Everybody agreed five years ago that we should never let something like the Lakanal House tragedy happen again, yet here we are.

Finally, I also endorse the comments made by my noble friend Lord Stunell. Please can we not just have guarantees and hopes that private freeholders will not pass on the costs? I completely accept the Minister’s point that many leaseholders are also freeholders, but I am afraid there are too many examples already of leaseholders being faced with massive charges by freeholders who are taking none of the risk and none of the liability. That is unacceptable.

[Lord Young of Cookham]

I am grateful to the noble Baroness. On legislation, I can only repeat what I said: the Government place a high priority on public safety. I know that the Bill managers will take on board the points made by a number of noble Lords.

On consultation, it will not just be a review of the industry. The noble Baroness is quite right. It will involve the fire and rescue service, local authority building standards people, approved inspectors and others.

On the building regulations, we agree that the building regulations fire safety guidance needs clarification. Work actually began before the Grenfell fire last year. When the interim report was published, we promised to complete it. A clarified version of the guidance will be published for consultation in July. We want to ensure that there is no room for doubt about compliance of materials with the building regs. We will consult on Dame Judith’s recommendations, as I said, including the proposal that only non-combustible cladding can be used on high-rise buildings. Also in the report are proposals for much more stringent testing of materials, and other recommendations along those lines.