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Written Question
Leasehold: Forfeiture
Wednesday 19th February 2025

Asked by: Bobby Dean (Liberal Democrat - Carshalton and Wallington)

Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, what assessment she has made of the potential impact of increases in the number of leasehold flat forfeitures arising from a leaseholder’s inability to pay costs arising from building safety defects on the mortgage securitisation market.

Answered by Alex Norris - Parliamentary Under-Secretary (Housing, Communities and Local Government)

The Government does not hold data regarding the number of buildings below 11m and collectively-owned buildings constructed since 1992 with partial or no protection from costs arising from building safety defects under the Building Safety Act 2022.

However, the risk to life from historic fire safety defects is lower in buildings under 11m and so works are required in only a very small number of these buildings. In the rare cases where cladding remediation work is required, the Department has engaged the relevant developers and is having constructive conversations about funding these works so that leaseholders are not required to pay those costs.

The leaseholder protections on service charge and remediation costs do not apply in collectively-owned buildings where for example some or all the leaseholders have acquired the freehold.

However, leaseholders in these buildings, either individually or collectively, can pursue developers – and their associated companies – via a remediation contribution order, for funds they have spent or will spend remediating their buildings for relevant defects.

Please be assured that we are committed to reviewing how to better protect leaseholders from costs and to accelerate the pace of remediation across the country.

The Government is also unable to estimate or predict the number of residential leaseholders who may face forfeiture due to their inability to pay building safety costs, however, we are committed to removing the disproportionate and draconian threat of forfeiture as a means of ensuring compliance with a lease agreement.


Written Question
Buildings: Safety
Wednesday 19th February 2025

Asked by: Bobby Dean (Liberal Democrat - Carshalton and Wallington)

Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, how many (a) leaseholder-owned buildings and (b) buildings below 11 metres that were constructed since 1992 have (i) partial and (ii) no protection from a liability to pay costs arising from building safety defects under the provisions of the Building Safety Act 2022.

Answered by Alex Norris - Parliamentary Under-Secretary (Housing, Communities and Local Government)

The Government does not hold data regarding the number of buildings below 11m and collectively-owned buildings constructed since 1992 with partial or no protection from costs arising from building safety defects under the Building Safety Act 2022.

However, the risk to life from historic fire safety defects is lower in buildings under 11m and so works are required in only a very small number of these buildings. In the rare cases where cladding remediation work is required, the Department has engaged the relevant developers and is having constructive conversations about funding these works so that leaseholders are not required to pay those costs.

The leaseholder protections on service charge and remediation costs do not apply in collectively-owned buildings where for example some or all the leaseholders have acquired the freehold.

However, leaseholders in these buildings, either individually or collectively, can pursue developers – and their associated companies – via a remediation contribution order, for funds they have spent or will spend remediating their buildings for relevant defects.

Please be assured that we are committed to reviewing how to better protect leaseholders from costs and to accelerate the pace of remediation across the country.

The Government is also unable to estimate or predict the number of residential leaseholders who may face forfeiture due to their inability to pay building safety costs, however, we are committed to removing the disproportionate and draconian threat of forfeiture as a means of ensuring compliance with a lease agreement.


Written Question
Buildings: Safety
Wednesday 19th February 2025

Asked by: Bobby Dean (Liberal Democrat - Carshalton and Wallington)

Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, what information her Department holds on the number of residential leases that will be forfeited because of a leaseholder’s inability to pay costs arising from building safety defects in the next five years.

Answered by Alex Norris - Parliamentary Under-Secretary (Housing, Communities and Local Government)

The Government does not hold data regarding the number of buildings below 11m and collectively-owned buildings constructed since 1992 with partial or no protection from costs arising from building safety defects under the Building Safety Act 2022.

However, the risk to life from historic fire safety defects is lower in buildings under 11m and so works are required in only a very small number of these buildings. In the rare cases where cladding remediation work is required, the Department has engaged the relevant developers and is having constructive conversations about funding these works so that leaseholders are not required to pay those costs.

The leaseholder protections on service charge and remediation costs do not apply in collectively-owned buildings where for example some or all the leaseholders have acquired the freehold.

However, leaseholders in these buildings, either individually or collectively, can pursue developers – and their associated companies – via a remediation contribution order, for funds they have spent or will spend remediating their buildings for relevant defects.

Please be assured that we are committed to reviewing how to better protect leaseholders from costs and to accelerate the pace of remediation across the country.

The Government is also unable to estimate or predict the number of residential leaseholders who may face forfeiture due to their inability to pay building safety costs, however, we are committed to removing the disproportionate and draconian threat of forfeiture as a means of ensuring compliance with a lease agreement.


Written Question
High Rise Flats: Insulation
Wednesday 19th February 2025

Asked by: Bobby Dean (Liberal Democrat - Carshalton and Wallington)

Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, if she will make it her policy to require the removal of all combustible material from residential buildings over 18 metres in height.

Answered by Matthew Pennycook - Minister of State (Housing, Communities and Local Government)

On 29 November 2018, the Government banned the use of combustible materials in the external walls of new high-rise residential buildings over 18 metres in height. The ban also applies to new hospitals, residential care premises, dormitories in boarding schools, and student accommodation over 18 metres.

All building safety defects must be assessed and regulators must have the power to enforce where the risks identified are not quickly and appropriately addressed. The Remediation Acceleration Plan (RAP), which was announced on 2 December 2024, is focused on addressing the immediate life safety fire risks associated with cladding.

The publication of the RAP announced targets around the pace of remediation in England for the first time, such that, by the end of 2029, all 18m+ buildings with unsafe cladding in a government funded scheme should be remediated, every 11m+ building with unsafe cladding will either have been remediated, have a date for completion, or its landlords liable for penalties.


Written Question
Flats: Insurance
Tuesday 18th February 2025

Asked by: Bobby Dean (Liberal Democrat - Carshalton and Wallington)

Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, if she will make an estimate of the number of leasehold flats containing combustible material with higher insurance costs that will be classified as permanently impaired under the Basel 3.1 requirements.

Answered by Matthew Pennycook - Minister of State (Housing, Communities and Local Government)

My Department has engaged with the Bank of England with a view to understanding the potential impact of implementing the Basel 3.1 standards on properties with extant building safety issues or those that have carried out remediation works recommended by a fire professional following the PAS 9980 guidance.

The Bank does not expect these changes to have a material impact on current industry practice for determining property valuations, including for properties with cladding.

Officials in my department are in regular contact with the lending and insurance industry on issues related to fire safety affected buildings and will continue to work with them to ensure leaseholders in buildings with cladding are able to re-mortgage and sell freely.


Written Question
Flats: Fire Prevention
Friday 14th February 2025

Asked by: Bobby Dean (Liberal Democrat - Carshalton and Wallington)

Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, with reference to her Department's joint publication Fire risk appraisal of external wall construction and cladding of existing blocks of flats - Code of practice, published in January 2022, what assessment she has made of the adequacy of the Code of Practice.

Answered by Alex Norris - Parliamentary Under-Secretary (Housing, Communities and Local Government)

MHCLG and Home Office have jointly commissioned the British Standards Institution (BSI), who developed the Fire risk appraisal of external wall construction and cladding of existing blocks of flats - Code of practice (known as PAS 9980) to review it to make sure it still meets the needs of the market, captures any new best practice, and make revisions as required. BSI has commenced work and anticipate the review, including a 6-weeks public consultation, will be complete in early 2026.