Flats and Shared Housing: Fire Risk

Kate Green Excerpts

Tuesday 28th January 2020 Westminster Hall

[Matt Rodda (Reading East) (Lab)]

I beg to move,

That this House has considered the fire risk in flats and shared housing.

It is a pleasure to serve under your chairmanship, Mr Gray. I start by paying tribute to the Grenfell families. As I said in the House last week, it is difficult to imagine the suffering that they have been through. They deserve our respect and our support. I also pay tribute to those in the fire service, who protected local residents as best they could and with such dedication during the night of the tragedy, and to all those in the local community and beyond who have supported local people as the aftermath of the tragedy has unfolded across London and, indeed, across the country.

Today’s debate is an opportunity to discuss some of the many important issues that have arisen in the aftermath of the Grenfell disaster. I will focus my remarks on the following: cladding, of both aluminium composite material and other materials; fire doors and other fire safety matters; problems in flats under 11 metres tall, of which we have many in Reading and Woodley, in my constituency; and, above all, the need for a completely new approach to fire safety from central Government, the fire service, local government and, indeed, the construction industry, all of which have important parts to play. I urge the Minister, who is listening attentively and has offered her support, to urge her colleagues in Government to take determined action on the matter, which has been going on for too long.

[Kate Green (Stretford and Urmston) (Lab)]

I congratulate my hon. Friend on securing the debate. He has not specifically said that he will do so, but I hope that he touches on the concerns of leaseholders in such blocks, and how they are to meet the often very high costs of remediation. They cannot always access the block insurance that the developer has taken out in their name, or in the name of their managing agent. I hope that the Minister will address that point, and I am sure that my hon. Friend will touch on it.

[Matt Rodda]

I am grateful to my hon. Friend, who makes an excellent point. I will address that very issue, which is of great concern to many of the residents I represent and to many people across the country. I heard a very moving report on BBC radio over the weekend discussing the concerns of a young couple in Leeds who were living in a block with ACM cladding and who were deeply traumatised not only by the fire safety issues, but by the lack of amelioration of these serious problems. That links to insurance, and to the situation that leaseholders in such blocks face.

I find it simply staggering that two and a half years after the Grenfell disaster, the Government are still only beginning to address this terribly important issue. Little ACM cladding has been removed in that period. In my borough of Reading, four blocks were identified by Royal Berkshire Fire and Rescue Service as having ACM cladding on the exterior. I believe that only one of them is in the process of having that cladding removed, and that represents a very serious continuing fire risk.

I have been advised that that risk may be getting worse because of the continued possibility of human error. Although additional fire safety measures have been instituted—such as waking watches, where fire wardens are on site during the night—as time goes by, there is a greater possibility that a resident or another person will accidentally do something that induces a fire risk, or that some other problem will cause an accident or a terrible tragedy. I have been advised by fire service personnel that with the passage of time, the risk of human error increases, so the fact that nothing has happened to address the issue in the past two and a half years is significant. The problem is ongoing, and it may be getting worse because of the lack of response from central Government.

As my hon. Friend the Member for Stretford and Urmston (Kate Green) rightly pointed out, local residents who live in blocks with ACM cladding face significant stress and concern. The issue affects many of us around the country, because many towns and cities have blocks containing that dreadful material and very few buildings have had it removed. Many of the people affected are private tenants or leaseholders, who have little recourse to take any substantial action on their own. They are often locked into a situation where the freeholder has the power to remove the material but is struggling to do so. Alternatively, they may need to come together with other leaseholders, and it may be difficult in practical terms to agree a way forward. I urge the Government to address that issue in particular. I hope and believe that the Minister is very much in listening mode and will consider how best to push that forward immediately.

I will also pick up on some related concerns. ACM cladding has been mentioned in the Grenfell inquiry, the second part of which opened only yesterday. Without going into significant details, it is worth pointing out that from the opening day of the second phase of the inquiry, it appears that some businesses involved may have known about the potential fire safety risk of ACM cladding some time before the Grenfell disaster. That relates to the problem of current ACM cladding. Cross-party support for much tougher action appears to be emerging. I listened with interest to the comments of Lord Porter, the Conservative chairman of the Local Government Association and a Member of the other place, who rightly picked up on the Government’s lack of action on this important matter.

There are many other forms of cladding, and I will mention some concerns that have been raised with me about the wide range of other materials. In Reading, two buildings have other types of cladding that have caused fire safety concerns. One is the Chatham Place development—it is a series of large multi-storey blocks near the town centre—which has wooden cladding. Wooden cladding is a serious issue, which we need to address as well as ACM; indeed, it played a part in the recent fire in Barking, which was very nearly a complete tragedy. Luckily, residents managed to escape.

Serious concerns have been raised regarding other forms of composite material. Crossway Point, another large block in my constituency that contains a lot of social housing, has other forms of cladding that also need to be addressed urgently. Indeed, there was another fire in Bolton, in the north of England, from which students had a very lucky escape; the Minister is nodding wisely. I appreciate that colleagues in central Government are aware of the problems, but I ask them to act as fast as they can to deal with the wide range of cladding issues.

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[Mr Clive Betts (Sheffield South East) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Gray. I congratulate my hon. Friend the Member for Reading East (Matt Rodda) on an excellent opening contribution. It was serious, thoughtful and comprehensive. I am sure the Minister will respond accordingly, as my hon. Friend made some valid points.

I begin by thanking hon. Members for re-elected me as Chair of the Select Committee on Housing, Communities and Local Government. I say that because I want to refer to the Committee’s work on these matters in the previous Parliament. It looked many times at post-Grenfell issues. Dame Judith Hackitt and Ministers appeared before the Committee, to discuss her excellent report and the Government’s response.

I could not be in the House last Monday, but I read what the Secretary of State had to say on further Government proposals. Most are welcome and I think there is cross-party agreement about the direction of travel. The cross-party concern on the Select Committee has been that while the Government’s response has ultimately moved in the right direction, they have not moved as quickly as they should have done. Many of the proposals that the Government are now considering implementing were recommended by the Select Committee some time ago.

The cladding and aluminium composite material were a major factor in the Grenfell disaster. The Government moved very quickly to ban that material, and they were right to do so. The problem is that it has taken time to remove it from buildings. There are still far too many buildings with ACM material on them, partly because, even though the Government brought in the ban, it took an awful long time to persuade the Treasury to come up with the funding to remove the material from social housing, and then to offer a financial assistance scheme to the private sector.

There is a real issue that will affect any other Government action on leasehold properties. It is absolutely right that leaseholders are in no position to pay for cladding removal. In cases involving fairly recent developments, the property developer may still be the freeholder, so the ownership will not have changed and they might be in a financial position to pay for the cladding to be removed. If the freehold has been sold to a company whose only source of income is ground rent, that company is unlikely to be able to fund the removal. That is a Catch-22 situation. If neither leaseholder nor the freeholder can pay for it, we are back with Government responsibility.

That leads us to other forms of cladding. The Government have quite rightly banned the use of non-limited combustibility materials on new development. However, certain cladding that cannot be put on new buildings is allowed to remain on existing buildings. There is something fundamentally wrong with that situation. I hope it does not take another disaster before the Government recognise that some of that other material has to come off as well. I know that the review is taking place. Experts tell me that zinc composite material is just as dangerous and combustible as aluminium composite material. High-pressure laminate material has been reviewed and tested. It is not allowed on new buildings but it can stay on existing buildings. As my hon. Friend said, there is also wood cladding material. If, eventually, the Treasury were asked to fund a scheme for those materials that is similar to that used for ACM, the bill would potentially run up to £3 billion. I suspect that is why Ministers cannot move faster at present. There is a real challenge there.

My hon. Friend rightly mentioned that this is not just about height. The focus has been on buildings that are more than six or 10 storeys, but buildings do not necessarily have to be high in order to be at potential major risk. Such buildings include student accommodation, residential accommodation for the elderly, hotels, hospitals or nursing homes. The risk posed to each is different, and there must be specific regulations to deal with it. Any material of limited combustibility on those buildings, irrespective of their height, creates a greater risk. That is something else that the Government now have to address.

The Select Committee also focused on an issue that came out of Dame Judith’s report—namely conflicts of interest, which often mean that the wrong things are done. I will highlight just two examples. The first involves building inspectors appointed by the developer who then sign off the work of the company that appointed them. Dame Judith was caustic about this practice, and she made it very clear that this has to end. That does not mean that every building should be inspected by a local authority-employed inspector, but the local authority should do the appointing so that there are no conflicts of interest, and that has to be resolved quickly.

The Royal Riverside development in the constituency of my hon. Friend the Member for Sheffield Central (Paul Blomfield) is horrible case. The resident students had to be moved out by the council and the university. The building had been signed off as fit to live in, but there were fire doors missing and it had not had a fire risk assessment. A whole catalogue of problems meant that the building was a real fire risk, but it had been signed off by the building inspector, who could not have been to the site to check those things. It was proved later that he had not been to the site. This is simply not acceptable.

Fire authorities also have conflicts of interest. They often set up their own trading arms and then mark their own homework. That has to stop as well, and the Committee was very clear on that.

[Kate Green]

May I draw my hon. Friend’s attention, and that of the Minister, to a third conflict of interest, in relation to warranties? Warranty providers appoint their own approved inspectors, which, again, leaves the resident with no independent redress.

[Mr Betts]

My hon. Friend is absolutely right to draw attention to that further conflict of interest. The National House Building Council refused to honour a warranty because the development had not been signed off by its own building inspector. That is in the small print of the warranty agreement. These fundamental problems need to be addressed.

As my hon. Friend the Member for Reading East has said, people in private sector accommodation face fire risks. Houses in multiple occupation have real challenges and difficulties. My hon. Friend drew attention to licensing schemes, which are really valid. It is not the licence itself that matters, but managing the licence and ensuring that proper inspections are done. Local authority resources are key, but local authorities often do not have the resources to do it properly. I am disappointed that the Government did not accept the Select Committee’s recommendation that it should be down to the local authority to decide which areas should have licensing schemes. Why do the Government have to second-guess this? We said this should be a local authority decision. In the age of devolution and local democracy, let local authorities do it. As long as people can appeal to the Secretary of State if local authorities do not follow the proper process, the decision should be for the local authority and local community, and not something for Ministers to second-guess.

The Minister kindly wrote to me about the Government’s right decision to bring in inspections every five years of electrical installations in private rented accommodation. The Select Committee recommended that in 2015, which was five years ago—we got there in the end. She can probably give a very simple answer on this point. She said that the work will be signed off by a “competent inspector”, but what does that mean? One of the problems with part P of the building regulations is that, although there is a competent person scheme, that does not mean, ironically, that a competent person has to do the work. It simply means that the company has to be part of a competent person scheme and that it has someone with the necessary qualification, but that someone does not necessarily have to be the person who does the work. Will the inspectors have a certificate to say they are competent, or will they simply be employed by a company that is part of the competent persons scheme? That is a really fundamental point.

My hon. Friend has covered many points, and I will not go into all of them. He raised an important issue about not just how well buildings are built when it comes to fire safety, but about how they are managed and maintained afterwards. One of the strengths of Dame Judith’s report was that it looked at the whole life of buildings, including residents’ involvement in ensuring that they are properly informed about their buildings, and at how buildings are maintained and managed. It also looked at ensuring that a properly accountable person is in place to do that, so that the organisation has rules and procedures on whether doors should be changed to improve their fire resistance, whether they are being kept open, and whether they are being properly maintained. All of those issues are absolutely crucial to the safety of buildings.

There are an awful lot of issues to examine; the Minister is probably grappling with some of them in her new post. There are major challenges. I look forward to the Minister, along with Dame Judith, attending the Select Committee before long, to see what progress has been made. Our job is to challenge and scrutinise the Government, and hopefully to push them to move a little quicker than they have moved in the past.

--- Later in debate ---

[Esther McVey]

We are doing further consultation because although we have put in place bans and measures, we are now seeing whether they need to be strengthened, and whether the height threshold needs to be reduced. We are going further than we said in the first instance, because further matters have come to light. We are always led by an expert panel, and we always seek the latest advice. As points come forward, we scrutinise the various composite materials and look at what is best.

It has never been the case that simply because a building is below 18 metres, owners are exempt from ensuring the safety of residents. There is a requirement on building owners to ensure that buildings of any height are safe, and we expect all owners to act responsibly. The consolidated advice note also clarifies the actions that building owners should take in relation to fire doors. The Government have welcomed the commitment from members of the Association of Composite Door Manufacturers to work closely with building owners to remediate doors that have failed tests. We will continue to monitor the situation closely.

My hon. Friend the Member for Walsall North (Eddie Hughes) and the hon. Member for Reading East talked about security and safety in buildings, and how other safety measures were being carried out. My hon. Friend talked about people blocking doors to keep them open. For the full safety of the building, we must adhere to the safety rules. It is not just about the safety of the materials used in buildings, but about whether the due safety process is followed.

Last week we published a call for evidence to seek views on the assessment and prioritisation of risks associated with external walls, such as cladding, in existing buildings. For many years, we have relied on crude height limits with binary consequences, yet it is clear that when approaching a building’s risk, height alone does not reflect the complexity of the challenges at hand. As the Secretary of State has made clear, we need a better, more sophisticated system to underpin our approach. Height will remain a significant and material factor, but it will sit alongside a broader range of risk factors. We have therefore commissioned leading experts in the field to develop, as quickly as possible, a sophisticated matrix of risks that will replace the historical system and underpin our approach to future regulatory regimes.

Hon. Members asked what was happening and how quickly it was happening: across all sectors, remediation is complete in 135 buildings; remediation has started in 123 buildings; and there are plans and commitments in place to remediate a further 182 buildings. At the end of December 2019, remediation had started or been completed on 145—91%—of the 159 social sector buildings with unsafe ACM cladding systems, and there are plans in place to remediate the remaining 14 buildings. At the end of December 2019, of the 197 private residential buildings, remediation had finished or started in 54, or 27%. Plans and commitments are in place for 143— 73%—of the other buildings. There are no buildings where plans for remediation remain unclear. We are following closely the speed with which that remediation is taking place and what is happening. Although mitigation safety measures are in place for unsafe ACM cladding where required, we do not underestimate the concerns of residents who live in buildings where remediation has not started. We are therefore appointing a construction expert to review remediation timescales and identify what can be done to increase the pace in the private sector.

We are aware of leaseholders’ concerns about meeting the cost of remediation. The hon. Member for Stretford and Urmston (Kate Green) and others mentioned that. We do not want cost to be a barrier to remediation, so we are considering, with Her Majesty’s Treasury, options to support leaseholders. The Chancellor and the Secretary of State for Housing, Communities and Local Government will set out further details in due course.

[Kate Green]

Will the Minister consider looking at what might be done in the area of insurance to broaden access to the insurance cover currently taken out by developers or freeholders, so that leaseholders or their managing agents might be able to make a direct claim under such policies?

[Esther McVey]

The hon. Member makes a very good point. Those are exactly some of the measures that we are looking at, to make sure that the remediation is done in the best way, while being mindful of leaseholders.