Building Safety Bill

Bob Blackman Excerpts

Consideration of Lords amendments
Wednesday 20th April 2022 Commons Chamber

[Stuart Andrew]

We continue to review all these matters. We are looking at and consulting on the whole of the affordable housing and social housing policy area, and we will come back to ensure that we get it right.

[Bob Blackman (Harrow East) (Con)]

The Chairman of the Levelling Up, Housing and Communities Committee—the hon. Member for Sheffield South East (Mr Betts)—and I have been involved in the prelegislative scrutiny of the Bill and the whole process behind it. Is my right hon. Friend the Minister saying that not only can we pass the Bill today with the Government amendments but he will continue to look to revise the law and to embrace more people in the law through secondary legislation?

[Stuart Andrew]

The Building Safety Regulator will continue to make sure that all building safety regulations are adhered to. Mention has been made of social housing tenants, social housing and affordable housing; we will consult on that further down the line so that we can be absolutely sure we have got this right. I hope that reassures my hon. Friend.

On 13 April, my right hon. Friend the Secretary of State wrote to Members to update them on the progress in the negotiations with industry. We will now see the vast majority of developers fix all the buildings that they had a role in developing or refurbishing in the past 30 years. My right hon. Friend announced last week that, in addition to the existing building safety fund, the Government will establish a new cladding remediation scheme, funded by industry contributions, to cover all other unsafe residential buildings of 11 to 18 metres that contain private leasehold properties but a developer has not accepted responsibility for fixing them or cannot be identified.

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[Hilary Benn]

I am delighted to echo the Father of the House. The partnership has been brilliant in its analysis of what has and has not been done, what the problems are and what the solution ought to be, and it has also been persistent.

I know the Minister will appreciate my final point, because he has worked very hard on this. Our constituents have waited long enough, with their lives on hold, and the sooner we can made all these bits work, the better. We have to enable them to wake up in the morning and think, “D’you know what? I don’t have to worry about the nightmare I’ve been living in for the last five years and I can get on with the rest of my life.” We owe it to them to bring the day they dream of around as soon as possible.

[Bob Blackman]

It is a pleasure to follow the right hon. Member for Leeds Central (Hilary Benn). I refer the House to my entry in the Register of Members’ Financial Interests, in particular as chairman of the all-party group for fire safety and rescue. As I mentioned in an intervention, I have been involved in prelegislative scrutiny of the Bill from its beginning and in the various reports the Select Committee produced in the wake of the Grenfell fire. The eye-watering aspects of building safety across this country really only came to light with that terrible tragedy at Grenfell, nearly five years ago. We have all learned a lot.

I congratulate my right hon. Friend the Minister for Housing, who is new to the job and to the Bill, on the rapid progress that has been made since he was appointed. I also congratulate my right hon. Friend the Secretary of State, who has dramatically changed the whole approach taken in this Bill. The Opposition spokesman, the hon. Member for Greenwich and Woolwich (Matthew Pennycook), is no longer in his place, but I think he recognises the dramatic changes that have taken place during the passage of the Bill through the other place.

When preparing for today’s debate, I thought of one or two ironies. The first was that the Second Reading debate was so shortened that we all got three minutes to speak, but today, although we have a reasonable amount of time to debate the issues, the business managers are encouraging us not to go on too long. That seems suitably ironic.

There are several issues to address. I thank the Minister for making it clear that this will not be the end of the process. Secondary legislation will come along on the back of the Bill, and that will be the detail that really matters to the people we represent—the leaseholders, who are the one party in all of this who are completely innocent and should not be penalised in any way, shape or form. It is a contradiction that we are asking leaseholders to make a contribution to fire safety costs and cladding remediation for which they have no responsibility.

I welcome the cap, but I do not see why that cap has been set at a particular figure. Many of the people we are talking about are not wealthy. They may have bought their leases a long time ago, and they are often living on fixed incomes and have no disposable income to put towards the costs, because they are paying the other bills for their properties. They are not able to stump up huge amounts of cash. As has been said, many of those people have been presented with eye-watering bills, such as £250,000 or more, to fix fire safety issues that are definitely not their fault, are clearly the responsibility of the developer in the first place and should have been put right since.

Also in preparation for this debate, I had a look at the Select Committee’s first report on prelegislative scrutiny of the Bill—the Chairman of the Committee may recall it. If the Government had accepted our proposed changes, we probably would not be here today discussing Lords amendments. Almost all the proposals in our report are now in the revised Bill. That is a significant change and demonstrates that when we are dealing with issues of such a technical nature, prelegislative scrutiny is the right way forward. I commend its use to Ministers in the future.

I have a couple of points to make about where we are now, to put them on the record so that we can get through this phase in the secondary legislation. I would like clarity from the Minister on the position of housing associations when pursuing developers who have developed social housing that is clearly not fit for purpose.

[Sir Mike Penning]

Go for the insurers.

[Bob Blackman]

I agree with my right hon. Friend, but let us make it clear that it should not be housing associations paying for the costs of remediation—it should be the developers who did the work in the first place, under instruction. If the developers are no longer in business or have retired, will housing associations have access to the building safety fund? That will be important, because—as Opposition Members have said—the cost will fall on those paying rent in housing association properties, and that is unfair.

Will the Minister make sure that proper protection is given to the affordable homes programme? Otherwise we will not get the new properties developed that we all want to see to enable more social rented accommodation in this country.

One change in the Bill is that from 18 metres in height to 11 metres. In reality, the lower height properties do not have the compartmentalisation that high-rise flats have. As a result, there is a greater inherent fire risk in lower level designs. If a fire breaks out in one of those units, it is likely to spread rapidly across a broader range of properties. That is a serious fire risk and it needs to be remediated. I welcome the move from 18 metres to 11 metres, but it does not design out the original problem. We need to make it clear in the future that designing out such risks has to be paramount.

Another issue is disabled access. One concern is that when disabled people have to leave a property to flee a fire, disabled access is not always available. That has to be taken into consideration. From my reading of the Bill, that does not appear to have been given proper consideration and we need to look at it in the secondary legislation.

Since Grenfell and the publication of the original draft Bill, a raft of new high-density, multi-storey blocks of flats have been erected. Most of them now need fire remediation. I find it bizarre that developers would ignore all the suggestions of what needed to be done, but they have. We had an example earlier this year of a developer putting in a planning application for a 44-storey tower block in east London with only one stairway. It was outrageous, but it was only the intervention of the fire brigade and local residents that prevented that planning application from being approved.

Another issue is the commonhold versus leasehold model. I believe that more people should exercise common- hold, because I want to see more people enfranchised. The Bill appears to suggest that they would be penalised for doing so, but that cannot be right and the Minister needs to correct that.

I shall mention two other issues briefly. What happens to overseas ownership of buildings? Will we pursue those people to the nth degree or will they get away scot-free? My right hon. Friend the Member for Hemel Hempstead (Sir Mike Penning) referred to the insurance companies. To me, they have not so far put their minds to the problem.

The Bill is vastly improved compared with when it left this place. I will support it wholeheartedly today on the basis that we will not draw a line under it and that will be the end of it; secondary legislation will be required to amend it further. The evidence that was presented to the Select Committee suggested that we still do not know exactly how many buildings need fire remediation, how many need cladding remediation, and what the cost of that work will be. Until we have that data, we will not be in a position to say what the total cost will be to the Treasury and the Department, and how it will be funded.

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[Stuart Andrew]

How could I possibly refuse?

[Bob Blackman]

I apologise for taking part in a bit of a pincer movement on the Minister. He mentioned the 30-year rule; there will be developers who say, “We built under the regulations that existed over those 30 years.” Are we going to say to those developers, “No. As a result of fire safety issues, you must remediate those buildings in line with the regulations that are now in place, not those that existed 30 years ago”?

[Stuart Andrew]

Yes. I think I am correct in saying that. Yes, I am; I have just double-checked.

Colleagues have mentioned the 11-metre rule, and I reiterate that they should please write to my Department if they are aware of buildings under 11 metres that are facing costly remediation. We are clear that costly remediation should not be undertaken on buildings under 11 metres, and we would be glad to look into specific cases and to question freeholders on why they are insisting on commissioning costly and unnecessary remediation works.

In answer to my hon. Friend the Member for Worthing West (Sir Peter Bottomley), let me say that we are retrospectively extending the limitation period under section 1 of the Defective Premises Act. The duty under the Act applies to those taking on work in connection with the provision of a dwelling, which includes architects and contractors whose actions have contributed towards defects, as well as developers.