Draft Higher-Risk Buildings (Key Building Information etc.) (England) Regulations 2023

Hilary Benn Excerpts

Wednesday 22nd February 2023 General Committees

[Dehenna Davison]

The hon. Gentleman is absolutely right that one of the key issues is the clear line of accountability. That is something that the regulations and the Building Safety Act seek to rectify. I am happy to write to him with further clarity on the role of developers, if that would be helpful, but the key point is to ensure that a person in the building now is responsible for the building now and has that clear line of accountability. However, I will follow up in writing to provide more clarity.

[Hilary Benn (Leeds Central) (Lab)]

Paragraph 6.3 of the explanatory memorandum talks about the principal accountable person providing the information alongside “their application for registration”. Is that the same as an application for a building assessment certificate, which is mentioned in paragraph 7.3? I ask that because the explanatory memorandum goes on to say that the regulator will require early applications for buildings deemed to be at higher risk. How will the accountable person know that their building is in the higher-risk category when deciding whether they should provide information early, as opposed to later?

Secondly—

[The Chair]

Order. Interventions need to be brief, as the right hon. Gentleman knows. The Minister will get the opportunity to wind up at the end. Can we just take that one point?

[Hilary Benn]

The one point is: how will the accountable person know whether there might be missing firebreaks in the building they are responsible for if it has never been peeled apart and examined?

--- Later in debate ---

[Dehenna Davison]

I will follow up on that point in writing after the Committee rises, because I have a few other points to cover.

The hon. Member for Greenwich and Woolwich asked whether fire doors, for example, are included in the fire and smoke equipment referred to in regulation 18. They are included. I hope that provides him with some reassurance.

We have set out a 28-day period for providing the key building information. It is important that that information is provided quickly so that the regulator can prioritise the call-in of building assessment certificates. For many existing buildings, accountable persons may not know whether there has been significant building work, so the Government are enabling accountable persons to say that they do not know on that point. For the fire standard, it was decided that the build date would provide enough information.

[Hilary Benn]

I am grateful to the Minister for clarifying the difference between registration and the assessment certificate application. The regulations require the regulator to decide whether a building among the higher-risk buildings is particularly higher risk. Do we take it from that that the regulator will write to the accountable person to say, “I have assessed, based on the information, that you are a priority for an application, and therefore I would like to see your information sooner rather than later”?

[Dehenna Davison]

I will follow up on that point in writing after the Committee rises, if that is acceptable.