Draft Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022

Eddie Hughes Excerpts

Monday 20th June 2022 General Committees

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Eddie Hughes)]

I beg to move,

That the Committee has considered the draft Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022.

It is a pleasure to serve under your chairmanship, Mr Stringer. This statutory instrument was laid before the House on Wednesday 11 May 2022 under section 150(9) of the Energy Act 2013 and section 250(6)(f) of the Housing Act 2004. I hope hon. Members will agree that, only days after the fifth anniversary of the tragedy of Grenfell Tower, it is both appropriate and fitting that we are meeting today to discuss strengthening safety standards in the social housing sector. In the aftermath of the disaster, the Government committed to putting in place much greater protections for residents against the risk of fire and carbon monoxide in their homes.

Hon. Members might recall that we published a social housing Green Paper seeking the public’s view on the proposals to create parity between the private rented sector and the social rented sector on safety standards. It will come as no surprise to hon. Members that the overwhelming majority of respondents were in favour. We have subsequently built on those proposals with our social housing White Paper to drive up standards across the board in the social housing sector and make sure that all tenants live somewhere that is decent, safe and secure. To deliver on that vision, we are amending the regulations to bring requirements for social homes in line with private rented homes. I am delighted to be the Minister taking this legislation through, given the fact that I proposed something similar in my ten-minute rule Bill as a Back-Bench MP in 2018.

Currently, the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 make it mandatory for private landlords to install smoke alarms on every floor of a home that they let. Carbon monoxide alarms must be installed in every room with a solid fuel-burning appliance such as a log-burning stove or a coal fire. At present there are no such requirements for social landlords, and that is despite the Home Office suggesting that someone is around eight times more likely to die in a fire if they do not have a working smoke alarm in their home. Hon. Members might also be shocked to hear, as I was, that there are on average 20 deaths from accidental carbon monoxide poisoning each year in England and Wales. So let us be clear: smoke alarms and carbon monoxide alarms save lives.

Through this statutory instrument we will amend the Smoke and Carbon Monoxide Alarm (England) Regulations 2015 so that they replicate those for the private rented sector. The changes will mean that for the first time all social rented homes in England will be required by law to have smoke alarms installed. Specifically, social landlords will need to make sure that at least one smoke alarm is installed on the floor of a home where there is a room used for living accommodation. All landlords, regardless of tenure, will need to install a carbon monoxide alarm in rooms that are used for living accommodation but which have a gas boiler or similar appliance, or a solid fuel-burning appliance. That does not include gas cookers, which are responsible for fewer incidents of carbon monoxide poisoning than gas boilers.

These strengthened regulations will also require all landlords to repair or replace a faulty alarm as soon as they practically can.

[Hilary Benn (Leeds Central) (Lab)]

Does that obligation on the landlord extend to replacing the battery? If someone has a smoke alarm that is beeping because the battery has run out, does that obligation fall on the tenant or the landlord?

[Eddie Hughes]

I suggest that it would be the responsibility of the tenant, only in as much as they would want that done quickly. However, if they were unable to afford to do that, I suspect that the social landlord would take that up. I guess it is a question of proportionality and speed. Tenants would want it done quickly, and it is unlikely to be something that a social landlord would prioritise, given the other calls on their time.

The changes will not just make it easier for tenants to detect a fire in their home. They will also protect them from the risk of carbon monoxide fumes, which are undetectable and can cause serious illness or death. We will update guidance on the placement of smoke and carbon monoxide alarms, and on the types of alarms that need to be installed, so that landlords have absolute clarity on what they need to do to meet the standards.

On the timescale for the changes, I am sure that hon. Members will agree that a lengthy delay between regulations being made and taking effect could put lives at risk. We have therefore decided that 1 October 2022 is an appropriate date for the regulations to come into force. Landlords have known about the changes for a while now, but that gives them a little more time to get everything in place before the regulations come into force.

To conclude, the regulations will save lives and give thousands of households reassurance that they are receiving the best possible protection from the risks of fire and carbon monoxide in their home. We are determined to ensure that the reforms set out in the social housing White Paper, including these changes, will drive up standards so that people across the country have a safe and decent home to live in. I hope that colleagues will join me in supporting the draft regulations. I commend them to the Committee.

--- Later in debate ---

[Eddie Hughes]

First, the responsibility for batteries and their replacement would fall to the tenant, and we will issue guidance that says so, but given that we are talking about social housing providers, it would be lovely if social housing landlords decided to act with a degree of social conscience and assist those who are unable, for whatever reason, to get their alarm working by replacing the battery. Should tenants replace the battery and find that the device is still faulty, the responsibility would fall to the landlord.

We have considered the point about whether alarms should have batteries or should be wired in, and the other suggestions. From a proportionality point of view, it seems appropriate that we stick with the wording in the regulations and do not prescribe, but allow, batteries. We are keen to roll out the measures and get the alarms in place as quickly as possible, as several million properties will require them, and hardwiring them would delay things further.

On the impact assessment, I completely apologise that the hon. Lady was sent around in circles. I guess we are not used to people being quite so diligent in their preparation for a Statutory Instrument Committee. That is a valuable lesson for me, as Minister, to ensure that we are appropriately prepared in future. I am happy to send her a copy of the impact assessment. On the issues raised by the Joint Committee, we are assured—I, personally, feel assured—that the regulations are robust and will deliver as expected.

Finally, a £5,000 penalty is a proportionate and sufficient deterrent. We are talking broadly about social housing providers, which will have a system to implement and will be organised and thorough in doing so—especially in the light of the pressure and focus on them in a post- Grenfell world—and I would like to think that they will comply as a matter of course. The £5,000 penalty will be sufficient motivation for those that otherwise would not. I commend the regulations to the Committee.

Question put and agreed to.