Building Safety Bill

Judith Cummins Excerpts

2nd reading
Wednesday 21st July 2021 Commons Chamber

[Lucy Powell]

My hon. Friend makes a good point. Of course, there are also many buildings over 18 metres that do not have cladding and are still facing the issues of fire remediation works, some of which may not be necessary. I am not clear whose job it is to decide whether they are necessary, and therefore whether a building can be mortgageable and insurable once again and people can move on with their lives. I am still not sure of that and I still do not feel that the Government are really providing the leadership and intervention that is necessary.

There is huge strength of feeling on these issues, as we can see from the number of Members wanting to speak in this debate. The toll of this crisis is immeasurable. Innocent homeowners want us to work together, and I will work with anyone to protect them from these costs. I am not interested in party political point-scoring, as it happens, but the Government have to step up on these issues.

Returning to the Hackitt test, her ultimate test of this new framework is the rebuilding of public confidence in the system. She says that the people who matter most in all this are the residents of these buildings. The honest truth is that, through the omission of cast-iron protections for today’s leaseholders, this test will not be met. It is not enough to simply will the ends; the means need real determination and focus too. We will work with all sides to protect leaseholders and meet the Hackitt test.

[Madam Deputy Speaker (Judith Cummins)]

I call Sir Peter Bottomley.

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[Mr Betts]

There are major issues about the independence of building control not just on the highest-rise buildings but right throughout the building industry. The Select Committee report drew attention to that.

On product testing, we await the Government’s proposals. Hackitt identified that the product testing regime is broken and needs fixing, and the Committee stands by its view that if a product that has gone to testing and failed a test comes commercially to the market, that information should be made available publicly. That is important information. The Government rejected that recommendation, but I hope they might consider it further.

It is very difficult to make comprehensive sense of the statement published today. I hope that the Secretary of State will accept an invitation to come to the Select Committee after the summer recess and discuss the matter with us in more detail. Whatever the statement says, it still leaves out buildings over 18 metres that have defects that are not just about cladding. Even when cladding defects have been put right, people are facing bills of £50,000 that they cannot afford. Where is the help for those leaseholders? It is not anywhere in the Bill.

I turn to buildings between 11 and 18 metres. I do not understand how the Secretary of State can say that systemic defects were not found in those buildings. Where does cladding fit into that? Will the removal of combustible cladding from buildings between 11 and 18 metres no longer be required? If it is still required, who will pay for it? The Government floated the idea of a loan scheme, but there is no reference to that in the Bill. Has the loan scheme been ditched? We need clarification on these important issues because leaseholders need certainty that they are not going to have to face these bills.

There are important issues in the Bill. It is generally to be welcomed. There are still issues that we want the Government to go further on, but the explanation in this statement of who is going to pay for some of the costs that the building safety fund does not cover is still an essential matter that the Government need to think again about.

[Madam Deputy Speaker (Judith Cummins)]

I call Sir Mike Penning.

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[Ms Karen Buck (Westminster North) (Lab)]

As others have said, the Bill represents progress in implementing the recommendations of the Hackitt review, but it will not come into effect until a full five years after the Grenfell tragedy. In those five years, hundreds of thousands of leaseholders have lived their lives under the fear of fire, under a threat to their own personal safety and under the fear of being trapped in unsellable, non-mortgageable properties and bearing costs that they are completely unable to fund. In a number of cases, those costs exceed the value of the property when they purchased it.

What we know—we will obviously be digesting the contents of the written statement as well—is that the Bill will not do enough to overcome the damage that has been done to leaseholders or to compensate them for the costs they have already borne and will continue to bear, and that further amendments will be essential before the Bill passes into law. I was particularly struck, during the Secretary of State’s opening speech, that the waking watch has now been dismissed, in many cases, as a scam and as being unnecessary. It is a bit rich of the Government to say that, when the waking watch has been the principal means of protection that has been relied on to ensure the safety of those living in high-rise properties. People who have been paying for such waking watches over these last years will listen with amazement to what the Government are now saying and to their glib dismissal of a scheme that they themselves have been relying on.

Even five years after Grenfell, there is still clear evidence that the necessary culture changes in the building industry have not taken place. As the London Fire Brigade says, there are still developers who are gaming the system and cutting corners, and there is clearly still not a level playing field to protect the interests of the only people—the tenants and the leaseholders—who are entirely blameless in this.

I want to make a particular point that does not get covered enough. Although the fire safety and building safety problems have been a catastrophe in terms of their personal impact on leaseholders, there are also significant implications for the social housing sector. Housing associations have faced remediation costs of £10 billion, and the consequence of that is a dramatic fall in the house building programme and in the investment that is necessary to deal with other safety, repair and maintenance issues in that sector. Those tenants and those people in housing need should not also be the victims of a crisis that they had no part in, and the social housing sector must be fully compensated for its actual costs in the months and years to come.

[Madam Deputy Speaker (Judith Cummins)]

I call Paul Maynard, by video link.

[Paul Maynard (Blackpool North and Cleveleys) (Con) [V]]

Thank you, Madam Deputy Speaker, and welcome to the hot seat.

I want to highlight just one aspect of building safety that I do not believe has been covered either in the Bill or in the debate so far today. Safety on stairs might seem to be rather a niche issue compared with the many issues around fire safety that we are discussing, but it has to be more than just a case of “watch where you’re going”. As the Royal Society for the Prevention of Accidents has discovered, falling on stairs is a significant cause of death, stretching into many hundreds per year. For every one hospital admission caused by a burn, there are 235 caused by falls.

The impact of these falls is felt disproportionately by older people, and even when a fall is not fatal, it is often the first stage of a persistent decline. Falls create fear, they impact on confidence and wellbeing, and they lead to people being moved out of their own homes and into care homes, in many cases never to return. I represent a predominantly elderly constituency and I am in no doubt about the importance of stair safety to maintaining independence in the home for as long as possible, but I am also someone with cerebral palsy, and I know that it is not just the elderly but people like me who have to be exceedingly careful when navigating staircases.

There is an existing industry standard, British standard 5395-1, regarding how stairs should be constructed, including rules on the dimensions of stairs and handrails. Stairs built to the British Standard lead to 60% fewer falls. Although it has been the standard since 2010, it has not, as yet, been enshrined in law, and is therefore often not used by builders. I have written to the building safety Minister asking for the Bill to include a mandate for the British standard to be applied in all new build homes, and I plan to propose such an amendment should he not give me sufficient satisfaction.

It is worth noting that this cause is backed by both private and social housing providers. It will create a level playing field in house building, but, more importantly, it will massively reduce the number of falls on stairs in the future, easing the burden on A&E and ambulances, and saving many families from unnecessary and premature tragedy.

[Madam Deputy Speaker (Judith Cummins)]

I call Meg Hillier.

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[Barry Gardiner (Brent North) (Lab) [V]]

I am not sure what is worse for leaseholders: the fact that they are in constant fear because their homes are not safe, the fact that they cannot afford to make them safe and are being harassed by greedy managing agents, or the fact that they are trapped in their flats without any easy option to sell and move on with their lives. Today’s statement and the Bill do not fundamentally change that for all the reasons the Father of the House, the hon. Member for Worthing West (Sir Peter Bottomley), set out in his brief but excellent speech.

During the passage of the Fire Safety Bill, Ministers promised that these issues would be addressed in the Building Safety Bill. Lord Greenhalgh said:

“it is unacceptable for leaseholders to have to worry about costs of fixing historic safety defects in their buildings that they did not cause”

and that

“building owners are responsible for ensuring the safety of residents”,

and he said that they should

“protect leaseholders from the costs of remediating historic building defects.”

I do not know what the correct term in Parliament is for someone who make promises that they do not keep, but I know what they call them on the streets of Brent North: they call them a Government Minister.

Extending the scope and duration of the Defective Premises Act 1972 in the Building Safety Bill shows that the Government do not understand the extent of the problem. I ask the Minister to explain to my constituents who live in the Wembley Central development how it will help them. The original developer of their homes, St Modwen, has washed its hands of these defective properties. It sold them to an offshore company in Jersey in 2018, following the introduction of the new building regulations. It was in partnership with Sowcrest, which is now in a very convenient liquidation. So who exactly does the Minister think my constituents can chase here? What are the Government prepared to do about buildings with obscure corporate ownership?

I first contacted St Modwen in 2017, immediately after the Grenfell tragedy. It repeatedly assured me that the buildings were safe and in 2018 confirmed in writing that no fire safety defects had been identified. I am now told that the cladding on this building is the same as that used in Grenfell Tower and the fire safety report has identified fire stopping defects throughout the construction process. In May this year, St Modwen agreed to a takeover bid of £1.2 billion from Blackstone. Can the Minister tell me how this Bill will make them accountable for their actions? It was not the leaseholders who decided to use flammable cladding or to leave out fire stopping in voids or cut corners—developers made those decisions. My constituents have neither the deep pockets nor the legal expertise to fight these corporate chameleons, who start off in London and end up in Jersey as a different company. This Bill shows that the Government either do not understand or do not care. The companies can afford lengthy litigation; leaseholders cannot.

Finally, the Minister must explain why there is so little progress on the building safety fund. I wrote to St Modwen on 23 June. I still await a response. I have written to Fidum, the new managing agent for the new owners. I asked it about its application to the building safety fund for the removal of unsafe cladding. I have received no response, but Fidum now tells residents that it missed the closing date of 30 June for the second application because it is still waiting to have eligibility—

[Madam Deputy Speaker (Judith Cummins)]

Order. I call Joy Morrissey.

[Joy Morrissey (Beaconsfield) (Con)]

I welcome the Secretary of State’s statement that the EWS1 forms should not be required for buildings below 18 metres; lenders were insisting on EWS1 forms, despite buildings not meeting the proper criteria in the new guidance, so it is a welcome announcement. I also welcome the announcements in the written statement on working towards market correction with regard to the total risk aversion that we are seeing in the market from lenders and surveyors, and the absolute stagnation in the market.

However, I echo the concerns raised by my hon. Friend the Member for Stevenage (Stephen McPartland) and by the Father of the House, my hon. Friend the Member for Worthing West (Sir Peter Bottomley), regarding leaseholders and the issue of clause 124. I would like to see much greater levels of legislation to support leaseholders. I am speaking on behalf not just of the leaseholders, but of the parents of leaseholders in my constituency—parents in Beaconsfield, Marlow, Flackwell Heath and Iver who have given their life savings to help support their child to buy their first home, usually in London. The children of my constituents are now stuck in homes that they cannot afford to move out of because of the spiralling cost of insurance and the cost to the leaseholder that has been incurred because of the building safety regulations.

I ask that we consider how to help leaseholders. These are Conservative voters and the children of Conservative voters, who are now frustrated and angry that they cannot move up the housing ladder. We need to consider a way forward for them and remember that they have done what we Conservatives say that we always want to do: enable people to buy a home and get on the housing ladder. We are blocking them from moving forward. I ask the Secretary of State please to consider further action to help and support leaseholders.

[Madam Deputy Speaker (Judith Cummins)]

I call Matt Rodda.

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[Mark Logan (Bolton North East) (Con) [V]]

The telly has been showing horrific scenes of flooding across the globe recently. What is infuriating is the more overtly man-made mini-flooding that my constituents in Holden Mill and Astley Bridge have been exposed to. We are talking about water ingress where what were once penthouses have become unwanted pools, decompartmentalisation leading to fire risk and issues associated with cladding, all of which are liable to increase costs for the tormented people living there. With today’s Bill, this Government, this Secretary of State and this MP have the chance to put things right for the people of Holden Mill.

The proposed reforms are welcome, particularly the extension of the Defective Premises Act 1972 and the limitation period. However, clause 124 is unlikely to be in place for at least a year and leaseholders risk having to pay ruinous costs for months to come. The only real route of redress against culpable parties is usually through costly litigation, so will the Department outline the provisions in place to help cash-strapped leaseholders and management companies pay for legal action involving extensions to the limitation period?

Some 20% of residents in the Cottonworks, a mill that has been converted into dwellings in my constituency, are affected by water ingress due to poor conversion by the developer PJ Livesey. Despite insurance cover with the National House Building Council, my constituents are facing a potential shortfall in excess of £1 million. These residents are living in torrid circumstances, and leaseholders have already had to pay into a levy, on top of service charges, to cover temporary measures concerning PJ Livesey’s alleged failings in relation to fire compartmentation. The timing of the levy could not be worse, and it is vital that these future costs are not passed on to innocent leaseholders.

How do we ensure that responsible and culpable parties do not abuse the statute of limitations by simply running down the clock? Some 280 leaseholders at the Cottonworks could face further levies, and they fear not being able to fund legal action. These companies—I am sure there are many such cases across the country—have slopey shoulders regarding poor workmanship, ping-ponging my constituents from company to company. I will be voting with the Government, standing shoulder to shoulder with these residents in Astley Bridge and across the country.

Finally, the intention to create a system of duty holders throughout the design, construction and occupation of high-risk buildings is welcome, but can the Minister and the Department assure my constituents that this will be applied retrospectively, finally providing residents with the power to make someone—

[Madam Deputy Speaker (Judith Cummins)]

Order. I call Rushanara Ali.

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[Sir David Amess (Southend West) (Con)]

Since last October, the all-party parliamentary group for fire safety and rescue, which I chair—and I am delighted to see so many of its members participating in the debate—has responded in detail to four Government consultations on various aspects of fire and building safety. A further consultation was launched by the Department for Education on 27 May in relation to the revised fire safety design guide for new schools. In a nutshell, that proposes to remove in the future the requirement for automatic fire sprinkler protection for all but a very few new schools. This is not acceptable and I am delighted that it was raised at Prime Minister’s questions today.

We are suffering from consultation overload and we could really do with a road map as to how all these pieces of work fit together. Last Thursday was my third meeting with the noble Lord Greenhalgh on fire and building-related issues since 23 June. Only last week, during a joint meeting that I chaired with the all-party parliamentary group for disability, we heard a most distressing account of a disabled resident trapped on the 23rd floor of Grenfell Tower whose son carried her down through the smoke and flames at 2.30 am, one and half hours into the fire. Her husband tragically perished, having jumped from the building.

One significant issue raised by both the APPG and the National Fire Chiefs Council in their previous responses to the Regulatory Reform (Fire Safety) Order 2005 consultation was that there remains a fundamental disconnect between the non-worsening conditions of building regulations and the expectations of continuous improvements through the fire risk assessment process set by the fire safety order. Regulation 4 of the Building Regulations 2010 states that where the work did not previously comply with schedule 1, the new work, when complete, should be

“no more unsatisfactory in relation to that requirement than before the work was carried out”—

meaning that the general fire precautions may never get improved to modern standards. This runs contrary to the principles of prevention outlined in the fire safety order—that premises’ risk assessment should adapt to technical progress and reduce overall risk within buildings.

Non-worsening provisions are resulting in lost opportunities to improve building safety. An example is the refurbishment of Lakanal House following a multiple-fatality fire. The London fire commissioner told the coroner that automatic fire sprinkler protection would have prevented the death of six residents who died if it had been installed. Subsequently, the coroner recommended to the then Secretary of State that he should encourage social housing providers in high-rise blocks of over 18 metres to consider retrofitting automatic sprinkler protections. I say to my right hon. Friend the Minister: we must never make the same mistakes again.

[Madam Deputy Speaker (Judith Cummins)]

I call Debbie Abrahams.