Building Regulations

Debate between Gordon Henderson and Lord Wharton of Yarm

Wednesday 11th May 2016 Westminster Hall

[The Parliamentary Under-Secretary of State for Communities and Local Government (James Wharton)]

I congratulate my hon. Friend the Member for Sittingbourne and Sheppey (Gordon Henderson) on securing this important debate on an issue that affects a great number of our constituents.

On the whole, the system of building regulations in this country—the system by which the work that builders do is monitored—is of a good standard, but that does not mean that it does not go wrong at times. I recognise my hon. Friend’s concerns, particularly given the terrible situation that he set out and the difficulties that his constituent faced as a result of it. I do not want to comment too much on the detail of that case, simply because I do not sufficiently know the background. He referred to the specific to comment on the general, and I will therefore address the general—the overall system—in my comments.

It is appropriate that I first talk about the system that is in place for redress when people find that the properties they have purchased are not up to the standard that they expected. We recommend that such a person first complains to the person who carried out the work—the builder or the developer—and makes known to them their concerns about the work that they believe to be inadequate. Most responsible builders and developers will put right work that is not to the expected standard.

Should that not work, the next level of complaint is to the warranty provider if a new home warranty is in place. There are many different providers—NHBC, which my hon. Friend mentioned, is one of the largest—and they do a good job of ensuring that the standards that people rightly expect when they buy and move into a home are met, and that the system enables them to raise concerns about work that has been done. The consumer code for home builders provides protection if a home was built by a home builder that is registered with one of the supporting warranty bodies, such as NHBC, on or after 1 April 2010.

Should a constituent not find acceptable redress through those routes, there is the option to bring a civil claim against the builder in the civil courts and to pursue appropriate redress through the legal process. I have received a number of complaints about the process by which building control is carried out, but they are not focused only on approved inspectors. Local authorities, just like any other organisation, will not necessarily get building control right every single time. The reality is that the processes and the system that is in place allow these issues to be addressed at an earlier stage. I have set out some of the options that exist to enable redress to be found and problems to be rectified.

There are isolated cases—my hon. Friend spoke of one in his constituency—in which the impact is significant, but for some reason the system has not found a way to bring redress to correct the problems. I do not know whether civil action has been considered in that case, but that is the ultimate fall-back option for those affected by poor-quality building work—work that does not meet the standards that it should.

[Gordon Henderson]

I accept what the Minister is saying, but the biggest problem that people have is cowboy builders. The people who bought that particular property had no recourse to the courts because the builder maintained that he was subcontracted to another builder, who had subsequently gone out of business and had disappeared back to Europe. That is one of the problems that residents face today.

[James Wharton]

At the risk of giving legal advice to the constituent in question on the basis of my hon. Friend’s explanation, helpful though it is—I do not want to stray into the specific legal position—when somebody buys something with a certain expectation, there is always the option of looking at whether a legal redress is the right course of action.

We also monitor and regulate the work that approved inspectors do. At the heart of my hon. Friend’s concern, or at least one part of it, is the way the approved inspectors system regime is working for our constituents. The Construction Industry Council Approved Inspectors Register is the approval body for approved inspectors, and it has reviewed its activities. One of its recommendations was that there be periodic audits of approved inspectors to ensure that they are doing the work that we expect them to do, to the standard that we expect them to do it. CICAIR started carrying out audits last year to pick up issues with particular approved inspectors—hopefully, before complaints are raised. The Building Control Performance Standards Advisory Group has also strengthened the standards that apply to both types of building control bodies—local authorities and approved inspectors—to give better targeting of building control work.

The role of building control can only ever be as a spot-checking service. The issuing of a building regulations compliance certificate at the completion of work is not a complete guarantee of compliance throughout the process; it is only a spot check that seeks to hold developers and builders to account and to ensure that the standards that we expect are applied.

[James Wharton]

I put on record my appreciation of the work my right hon. Friend has done in this area. She has been a powerful and effective advocate on behalf of her constituents when they have run into such problems. Indeed, in an Adjournment debate much earlier in this Session, we discussed some of the things that she wants to be done.

One of the ideas discussed was to modify the system to allow greater transparency of the process by which approved inspectors ultimately sign off work. Only the other week, I had a meeting with representatives of CICAIR to discuss initial proposals. It is something I intend to take forward, appropriately, to ensure that the system continues to work, while adding layers of transparency in line with my right hon. Friend’s desires and her comments in the House during that debate.

I will be happy to write to my right hon. Friend with details of exactly where we are in that process, but I assure her that I have heard, loud and clear, the concerns that she has expressed—in particular during the earlier debate—and I intend to act on them and find a way to deliver the transparency that she and her constituents are looking for. There are some complexities within that; I want to ensure it is done in co-operation with industry and in a way that people across the field support, but I think it will be welcome and I intend to deliver it. I will write to my right hon. Friend to ensure that she is fully updated on where we are in pursuing that process.

If an approved inspector does not take all reasonable steps, a complaint may be raised with the regulatory body, CICAIR. It will investigate whether an approved inspector has acted negligently or in breach of contract. It is also possible to make a claim against an approved inspector in the civil courts—that is another route by which redress may be sought—if they have not acted in accordance with the regulations or as they should, to give homeowners reassurance, and to give developers and builders reassurance that they are complying with the appropriate regulations.

Approved inspectors are, of course, insured. That should not be necessary and we hope that jobs are done properly, and we should not put unreasonable expectations on the process—as I said, it is a spot check, not a complete guarantee—but there is the option of civil recourse if people feel it to be appropriate. That is not advice, but it might be the right thing for them to do.

[Gordon Henderson]

We have been talking about how we can better regulate approved inspectors and bring them to book, but how, and where, is anybody able to bring a builder to book? There is no such recourse or mechanism. The builder whom we have talked about in the debate is still building houses. He has been struck off the NHBC list of approved builders, but he has probably signed up somewhere else. If that happened in any other walk of life, he would be in court, charged with a criminal offence, and be put in prison—and he is not.

[James Wharton]

I had anticipated my hon. Friend’s concern, and I am about to talk about some of the ways in which accountability can be enforced, against not only the approved inspector but the builder, if they are in breach of our expectations.

Section 35 of the Building Act 1984 allows a local authority to bring a prosecution in the magistrates court for a breach of the building regulations. Prosecutions must be brought within two years of the date of completion of the building work and—I accept this is an area on which my hon. Friend might wish to have further discussion—approved inspectors have no powers to bring a prosecution. Further, section 48 of the Building Act prohibits a local authority from bringing a prosecution where an approved inspector is the building control body.

Where approved inspectors identify concerns that are not addressed, however—where they are not satisfied that the builder is doing what should be done—they may in effect step back from compliance; they may cancel the initial notice; and the local authority may then, if appropriate, step in to take the action of which I have spoken. We do not have centrally kept statistics on the number of prosecutions, or their outcome, or on how many prosecutions take place for reverted work from approved inspectors, but a regime is in place to ensure that local authorities can take action.

The constituency case to which my hon. Friend referred is a particularly extreme and complex one. On the level of the problems, I was especially struck by the comment that the properties were not registered with the Land Registry, which seemed odd to me. I do not know by what process people could then purchase or occupy them. Concerns in the specific, however, may not necessarily or uniformly apply in general.

[Gordon Henderson]

I am grateful to the Minister for allowing me to intervene again. Not only were the properties not registered with the Land Registry, but one of the homeowners who approached me said that she had spent £10,000 doing her house up only to discover that she owned not that house but a house three doors down. Given that there was nothing with the Land Registry, it took my help to get things sorted out. That was the problem that I was talking about earlier. It is a total scandal, and the builder responsible is still out there working.

[James Wharton]

The specific case seems to be an extraordinary one. Of course, homebuyers would normally employ a solicitor of their own, whom we would expect to carry out inquiries in that area. Again without commenting on specific circumstances, given the limited information available, some of my hon. Friend’s constituents may find recourse in looking at the process by which they acquired the homes, as well as the process by which the homes were built.

Clearly, the problems my hon. Friend discussed are specific and serious. I am well aware from his comments, and long-running contributions even before this debate, that he has concerns about the area. I also recognise and have commented on the contribution made by my right hon. Friend the Member for Basingstoke (Mrs Miller). She has been an effective advocate for her constituents.

I do not want to give the wrong impression of the role of approved inspectors, or whom they owe a duty to. They are doing a spot check, not providing a complete guarantee. They should and must act professionally; where appropriate, they are audited and regulated to that end. They have insurance to ensure that if anything goes wrong protection is in place for those who may be affected. We are looking at how we can increase transparency, following the powerful comments and the advocacy of my right hon. Friend, given her concerns about constituents.

I will continue to look at the way in which the process works. I am happy to continue to have discussions to that end with my hon. Friend the Member for Sittingbourne and Sheppey, who introduced the debate, but I cannot pretend that we will change the entire nature of the system. On the whole, it works well, it delivers the appropriate standards and most homes in this country are built to an extraordinarily good standard, by international comparisons. We should be proud of the system we have and of the people who work in and contribute to it, day in, day out. That does not mean that there will never be problems; where there are, we want to find ways to address them. I look forward to working with my hon. Friend and my right hon. Friend to ensure that we do that in the appropriate way, in the appropriate time.

Question put and agreed to.