Building Safety Bill

Karen Buck Excerpts

2nd reading
Wednesday 21st July 2021 Commons Chamber

[Robert Jenrick]

I think the right hon Gentleman makes an important point, and that is one element of the market failure we are seeing today. Waking watches are being used excessively. They can be rip-offs and, in many cases, they can be replaced by modern fire alarms. That is why I created the waking watch relief fund last year, which is assisting with the issue, but has not closed it down entirely. The National Fire Chiefs Council has now produced further guidance, which essentially says that waking watches should be used only in the most exceptional of circumstances, and where they are used, they should be used only for short periods. My right hon. Friend the Home Secretary is taking forward that work with fire and rescue services, and I would like to see most waking watches, barring the most exceptional of circumstances, brought to a close as quickly as possible.

The Bill will deliver improvements across the entire built environment. It will strengthen oversight and protections for residents in high-rise buildings. It will give those residents a greater say and will toughen sanctions against those who threaten safety. Its focus on risk will help owners to manage their buildings better, while giving the home building industry the clear, proportionate framework it needs to deliver more high-quality homes.

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

Will the Secretary of State give way?

[Robert Jenrick]

I will make some progress, if I may, but I will return to the hon. Lady.

While strengthening fire safety requirements in all premises regulated by the Regulatory Reform (Fire Safety) Order 2005 and improving competence and oversight generally, the Bill rightly focuses the new more stringent requirements on those buildings and those issues that pose the greatest risk. It provides a framework to ensure that, during design and construction, defined duty holders have clear responsibilities and that compliance with building regulations occurs. They will have to clear a series of hard stops through the new gateway system for in-scope buildings. In occupation, every building in scope will have an identified accountable person with clear responsibility for safety matters. Importantly, it will be a criminal offence not to carry out these duties effectively, punishable by an unlimited fine and up to two years in prison.

If we are truly to build a world-class regime, then residents must be at its heart. That is why, as well as championing social housing residents through the social housing charter that I created last year, we are giving residents a stronger voice in the system through the Bill, making it easier for them to seek redress and to have their voices heard. The Bill will require an accountable person for a high-rise residential building to engage with their residents and establish a formal complaints process for residents to raise concerns.

These measures are strong, but fair, and they will be overseen by the new building safety regulator within the Health and Safety Executive. The regulator will be equipped with robust powers to crack down on substandard practices, and as I said earlier, it will ensure that proportionality is embedded within its operations.

Dame Judith’s review pointed to an industry that needed significant culture and regulatory change to be fit for purpose, and I am sure I am not the only Member who has been shocked by the recent testimony at the Grenfell inquiry. This has exposed a corrosive culture of corner cutting and at times a cavalier attitude to building safety. We await the findings of the inquiry, and indeed whether criminal proceedings will follow.

The Bill creates powers to strengthen regulatory oversight for firms that manufacture and sell construction products, overseen by the new national regulator for construction products. Crucially, the Bill will have powers to remove unsafe construction products from the market swiftly and to take action against those who break the rules.

Our new regime will help those living in high-rise residential buildings to raise these issues, but we need to expand legal safeguards for everybody, regardless of the type of property they live in. We are strengthening redress for people buying a new build home, through provisions for the new homes ombudsman, which will provide dispute resolution and resolve complaints involving buyers and developers. As Members of Parliament, we all know of examples of shoddy workmanship by developers and of cases where complaints about things ranging from snagging to much more serious issues have not been properly addressed. There will now be a forum where these issues can be settled and consumers provided with the outcome they deserve when making the biggest investment in their lives.

[Robert Jenrick]

Those are two important points. I would like to see the new homes ombudsman be able to take the kind of action that the hon. Gentleman describes. I will have to revert to him on whether the powers exactly allow that. If they do not, that is the kind of issue we should progress during the passage of the Bill. I give way to the hon. Member for Westminster North (Ms Buck) and apologise for keeping her waiting.

[Ms Buck]

Returning to the issue of waking watch and risk, London now has 900 waking watches, with the number having risen significantly. The London Fire Brigade says that there remain a number of buildings under 18 metres, or seven storeys, that in its view present equal or greater risks than those currently in scope. Will the Secretary of State tell us whether he believes that the LFB is wrong?

[Robert Jenrick]

As I understand it—I stand to be corrected if I have the wrong information—the 900 figure that the hon. Lady cites was a misinterpretation of the figures that were released earlier. None the less, the actual number is significant, albeit fewer than 900. We want to see waking watches used only in cases where they are absolutely necessary. The recent statement from the National Fire Chiefs Council has suggested that they are being used too often and that they can be reduced significantly. If she has constituents in that situation, as I am sure she does, in the first instance I would recommend that they make use of the waking watch relief fund to install a fire alarm, which can cut the costs very considerably.

This Bill takes an unusual step of retrospectively extending the period during which compensation for defective premises can be claimed—it more than doubles the current period, from six to 15 years. This significant step forward was requested and campaigned for by groups impacted by the cladding issue. We are going further, expanding the scope of the work for which compensation can be claimed also to include future major renovation work to buildings. These measures will not help everyone, but they do provide a step change in redress for raising issues. I hope that, in time, builders will extend their warranties to cover this period and provide the maximum amount of confidence to house purchasers.

--- Later in debate ---

[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.