Building Safety Bill

Baroness Harris of Richmond Excerpts

Committee stage
Wednesday 2nd March 2022 Grand Committee

[The Deputy Chairman of Committees (Baroness Watkins of Tavistock) (CB)]

My Lords, the noble Baronesses, Lady Harris of Richmond and Lady Brinton, are taking part remotely. I invite the noble Baroness to speak.

[Baroness Harris of Richmond (LD) [V]]

My Lords, I support Amendment 120 in the name of my noble friend Lady Jolly and other noble Lords and would just like to make a few comments.

At Second Reading, we heard how important it was to ensure that BS 5395-1 was accepted. I am disappointed that the Government have not yet made a concession on this. In fact, there is no mention at all of stair safety in the Bill. In the 2010 legislation, the standard was put in place only as a recommendation, as we have heard. It is now time to put it in this Bill as a requirement and ensure that all new buildings comply from 2024, as my noble friend Lady Jolly has indicated. We know that hundreds of lives may be saved every year—estimated at about 700 in England alone. If this standard were adopted for all buildings, we could prevent the hospitalisation of around 43,000 more people. Think what amount of money that would save in costs just to the NHS, never mind the trauma suffered by the families of those injured.

I ought to declare a small interest here, as I have increasing difficulty using the stairs in my own home, as they are both steep and deep. In fact, I am having to have another handrail put in so that I can use them safely.

It is vitally important that stairs in high-rise buildings, indeed any communal building, are of sufficient depth and width to allow numbers of people to use them simultaneously in an emergency. We know that the horrors of the Grenfell Tower disaster were exacerbated by totally impractical stairs in the building. I cannot believe that any building company or architect designing a new high-rise building would rely on just one staircase for multiple flats. That would be a complete dereliction of duty, in my opinion. In the event of an outbreak of fire in a high-rise building, there will inevitably be a rush to get out down the stairs, as lifts will be out of use. It is therefore inevitable that people will fall. BS 5395-1 should be put into law during the passage of this Bill and I urge the Minister to accept this immediately.

[Baroness Brinton (LD) [V]]

My Lords, I have signed Amendments 122, 123 and 124 in the name of the noble Lord, Lord Foster, and will come to them in a minute, but I wanted to start by supporting Amendment 120, laid by my noble friend Lady Jolly.

As the noble Baroness, Lady Harris, has said, BS 5395-1 ensures that staircases in new-build homes have the best possible ratios between treads and risers. This is especially important as many new-build homes are built to fewer square metres than recommended, resulting in staircases being squeezed into narrower spaces. There is only one consequence of that: stairs become steeper, and too often even fail to have a handrail all the way up because of the narrowness of the stairs. That is a recipe for falls, whether for children, the elderly, or the disabled.

Let me tell noble Lords, it is extremely scary to have to come slowly and painfully down steep emergency exit stairs, holding a handrail, with a stick in your other hand, while others race past you. On one occasion, someone tripped on my stick as they tried to race past me, resulting in both of us falling—luckily, only a couple of steps. Had it been at the top of a run of 10 steps, not only would we both have hurt ourselves badly but others following would probably have fallen over us too. Building standards are there for a reason and should be a minimum for new builds. Building in safety is part of Hackitt’s golden thread.

Elderly and disabled people using a stick, or sticks, on a narrow and steep staircase, possibly with no handrail, will be at serious risk of falls. Special fracture clinics report that falls in the vulnerable often lead to life-changing injuries, serious muscle loss while they are in hospital, loss of confidence and, sadly, earlier deaths. So it does not just cost lives; it costs quality of life, and it also costs the NHS and social care millions every year in extra treatment and care support.

I now turn to the other three amendments in this group in the name of the noble Lord, Lord Foster, to which I have added my name. One of the worrying aspects of fires in high and medium-rise residential blocks is the number caused by faulty or defective installation. Home Office data shows that this number is growing, whether from the cables themselves or from the shoddy work on party walls that breaches compartmentation, both of which are completely unacceptable. These amendments address that.

Amendment 122 requires leaseholders to ensure the safety of electrical installations in high-rise buildings. Amendment 123 specifies that leaseholders in mixed tenure high rises have to ensure the safety of their electrical installations. Amendment 124 places a specific responsibility on social landlords to do the same. The noble Baroness, Lady Pinnock, spoke eloquently in the first group this afternoon about the problems of breached compartmentation and quoted from Dame Judith Hackitt’s report. The same applies here, but currently the same responsibility does not apply to different types of landlords and leaseholders, and this is an unacceptable loophole. The amendments from the noble Lord, Lord Foster, remedy that.

The requirements in these amendments make it clear that leaseholders and landlords have a duty to ensure that installation works must be safe. Surely, that is not too much to ask. Surely, all these various types of flat should have a current electrical installation condition report, which not only demonstrates that they, the landlords and leaseholders, have taken care to ensure the safety of residents and the buildings they live in but gives them the same protection as those of flats with private tenants. Dame Judith Hackitt’s golden thread does not just apply to the construction industry; it also applies to those with responsibilities for the buildings once they are lived in. Most tenants are not aware of the distinction between different types of landlord and leaseholder in building safety law. Surely, our law should be consistent.