Private Tower Blocks: Removal of Cladding

Kit Malthouse Excerpts

Monday 29th April 2019 Commons Chamber

[The Minister for Housing (Kit Malthouse)]

I commend the hon. Member for Bethnal Green and Bow (Rushanara Ali) for securing this important debate. She has written to me on several occasions about this issue, and I congratulate her on her assiduous service to her constituents, as I do other hon. Members who have spoken in the debate.

I want to start by reassuring the House that I am well aware of the anxiety, fear and insecurity, as the hon. Lady put it, felt by many people living in blocks affected by this issue. Having met the UK Cladding Action Group, individuals and organisations from the Grenfell community and others, it is very clear to me that this event and its consequences have caused enormous distress—and there are also the practical issues that she rightly raised in relation to particular properties. I reassure her that much of my time, effort and commitment is spent trying to rectify this awful situation. Further to what the hon. Member for Cardiff North (Anna McMorrin) alleged about a possibly partial response, I gently point out that Grenfell Tower was in my London Assembly constituency. I served that community and the wider community for eight years. The idea that there would be any lack of commitment from my point of view is, frankly, for the birds.

Before addressing funding, I want to update the House on the wider remediation work under way. In the immediate aftermath of the Grenfell Tower tragedy, we established the building safety programme. A key objective of the programme has been to identify and remediate buildings with unsafe ACM cladding. We have collected data on over 6,000 private sector high-rise buildings, and we have identified 267 with unsafe cladding systems. There are plans and commitments in place to remediate 82% of those buildings. That includes buildings on which remediation has started or been completed. That progress is the result of action we have taken to put pressure on building owners and developers to reach a resolution.

In the private sector, we have been very clear that freeholders should do all they can to protect leaseholders from additional costs, by either funding remediation themselves or looking at alternative routes, such as insurance claims, warranties or legal action. The Secretary of State has written to all relevant building owners, setting out our strong expectation that leaseholders will be protected. He has asked them to find an acceptable solution urgently.

[Kevin Hollinrake (Thirsk and Malton) (Con)]

The Minister is doing much good work on this issue. He is always very responsive; he exchanged text messages with me on this issue early on Saturday morning. He says he takes nothing off the table, in terms of getting freeholders or developers to pay for this work. He also says that long leaseholders should not be responsible either. Where we cannot find a freeholder or a developer to hold accountable for this work, long leaseholders will be left in limbo; their apartments will be unsellable, and they will live under unacceptable stress. Is it not right for the Government to step in with a central fund to carry out the remediation work, and worry about whether they can find the freeholder or developer afterwards?

[Kit Malthouse]

I am grateful to my hon. Friend. If he will bear with me, I will come on to some of those issues in my speech. If I have not addressed them by the end, he can by all means intervene on me again.

Owing to our continued pressure, following the Secretary of State writing to all building owners, there is a growing list of owners and developers who are agreeing to fund remediation. Leaseholders are currently protected from remediation costs in 83 out of 176 residential buildings. The growing list of owners and developers who have stepped in includes Barratt Developments, Mace Group, Legal & General, Peabody, Aberdeen Asset Management and Frasers Property. I am pleased to say that following regular engagement from the Secretary of State, me and senior officials, the building owners at Green Quarter in Manchester have now written to leaseholders to confirm that a fund has been established. This will ensure that leaseholders will not have to pay for the cost of remediating the ACM. We are very pleased at this outcome. I know residents feel strong relief that the uncertainty and anxiety over costs has come to an end.

We remain concerned, however, that some leaseholders are not yet protected from costs. They have found themselves in this difficult and stressful situation through no fault of their own, having bought their properties in good faith. I would like to assure Members that the Secretary of State and I, as well as senior officials, continue to press owners and developers of all high-rise buildings with unsafe ACM cladding to protect leaseholders from paying for this essential remedial work. Further to that, we have been engaged across Government to consider additional interventions, so that progress can be made more swiftly.

We also want to make sure that leaseholders can access independent initial advice. We have provided funding to the Leasehold Advisory Service, which provides a free, initial service to affected leaseholders. Its dedicated advice line and outreach helps leaseholders to understand their rights and the terms of their leases. The Leasehold Advisory Service has supported a number of affected leaseholders to understand the terms of their leases and the legal process for challenging a building owner if they attempt to pass costs on.

On the subject of pace, we are working with all relevant parties, including local authorities and building owners, to ensure remediation happens without unnecessary delay. Remediation does take time and it is important to get it right. The time to complete work varies considerably depending on factors such as structure, extent of cladding and existing fire safety systems. For many buildings, this is a complex job involving major construction work. I am aware that the removal of cladding in a number of buildings has revealed other defects and issues that have complicated matters and needed rectification.

[Jim Fitzpatrick]

I am grateful to the Minister for giving way. Before he moves off the point about discussions across Government of what further measures they might be able to take, is he able to articulate what they are tonight or will he lay them out in due course to the House?

[Kit Malthouse]

The hon. Gentleman is quite right to press me, as is my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake). I am not able to say tonight what specific measures are likely, but I am hopeful that we will be able to do so shortly.

We have worked closely with local authorities and fire and rescue services to ensure that interim safety measures are in place, so that residents are safe in their beds tonight. The hon. Member for Bethnal Green and Bow referred to my wanting reassurance that people are safe tonight. In fact, I have ordered a review of all those arrangements to take place as soon as possible, so that I can reassure myself that that is still the case.

Local authorities have the power to enforce these improvements if building owners do not take action. We are backing local authorities to take action where building owners refuse to remediate, including with financial support where it is necessary for the local authority to carry out emergency remedial work. Where financial support is made available, the relevant local authorities will attempt to recover the costs from the building owner.

[Rushanara Ali]

The Minister referred to “tonight”. Is he saying that every time we manage to get him into this Chamber he can reassure our constituents that they are safe for a night, or does he mean indefinitely, until the work is done? Will he explain how people can be protected against having to pay thousands of pounds towards the fire wardens, because that is happening to my constituents?

[Kit Malthouse]

As I have explained on numerous occasions, my primary concern, while waiting for the work to be undertaken, is to make sure that interim measures are in place in every affected building, so that people can be reassured that they are safe this evening and until that work is done. It is obviously the responsibility of building owners to make sure that their buildings are safe, but local fire and rescue services have been working closely alongside local authorities to make sure that that certification is in place. I have asked for a review, I guess to satisfy myself that the measures taken over the last few months—whether waking watch or others—are still in place and are still assiduously adhered to.

I met someone recently who outlined that one measure that has been very reassuring for her has been the heat detectors in the rubbish chutes—often flashpoints for the start of fires—that alert the building control system that a fire may well be starting. We want to reassure ourselves that, across those buildings that have not yet been remediated, those interim measures are in place, to reassure people for the moment, while we wait for remediation. I acknowledge that this is not an ideal situation. We want to get the remediation done as quickly as possible.

However, whatever solution is found for these buildings, we have to recognise that these are often complex and difficult construction jobs involving enormous amounts of scaffolding, the procurement of alternative methods of cladding and finding the workforce and contractors to do the work. All of that may well necessarily take some time. However, as I said, local authorities have the power to enforce these improvements, and we have included a package of financial support where it is necessary and local authorities feel the need to step in. We intend to recover those costs from building owners if that is the case.

We established a joint inspection team to provide support to local authorities in ensuring, and where necessary enforcing, that remediation. We have strengthened the housing health and safety rating system and its operating guidance to provide specific guidance on the assessment of high-rise residential buildings with unsafe cladding. That should help local authorities to take action.

The Secretary of State and I also regularly chair a remediation taskforce to oversee progress. I take this opportunity to remind the House of the strong progress we have made in social sector remediation. The Government made £400 million available to social sector landlords to fund the remediation of unsafe aluminium composite material cladding on residential social housing buildings taller than 18 metres. We have so far allocated £259 million, and we are still accepting applications. Remediation has started or been completed in 85% of social sector buildings, and there are plans and commitments in place to remediate all remaining buildings.

I would also like to tell hon. Members about the work we are doing following the Hackitt review. Following the Grenfell Tower tragedy, we asked Dame Judith Hackitt to carry out an independent review of building regulations and fire safety. Dame Judith’s review found that the system was not fit for purpose. The review made 53 recommendations to establish a new regulatory framework and achieve a culture change to build and maintain safe buildings. The Government accepted the diagnosis of the independent review and published our implementation plan last December, which set out how we intend to take forward the review’s recommendations.

We committed in the implementation plan to consult on our proposals for a fundamental reform of the building safety system this spring, and we will publish our proposals shortly. Our aim is to put residents at the heart of a more effective system, with clear and more demanding accountability and responsibility for those who design, construct and manage buildings, alongside effective penalties for those who flout the system. We have not waited for legislation to begin to reform the system; we have already made progress. This includes launching consultations to make sure that standards and guidance are clear, banning combustible cladding on new buildings taller than 18 metres and further restricting desktop studies. We are also launching calls for evidence around approved document B and the role that residents can play in keeping buildings safe. Much of the work to reform the building safety system will require primary legislation, which we have committed to introducing at the earliest opportunity.

We are also making sure that change begins on the ground as soon as possible through our joint regulators group, which is helping us to develop and pilot new approaches and to transition to a new, safer system. An industry early adopters group is trialling aspects of the proposed new regulatory framework in advance of legislation. Industry must also drive culture change by adopting a safety-first mindset and taking greater responsibility for building safety, and we will champion those that do the right thing.

The Grenfell Tower fire represents the greatest loss of life in a residential fire in a century. We must rebuild public trust in the system in tribute to those who lost their lives, the bereaved and the survivors.

[Rushanara Ali]

This update is helpful, but I bring the Minister back to the points made about resources for privately owned blocks, because that is where the big loophole is. The hon. Member for Thirsk and Malton (Kevin Hollinrake) mentioned the Government fronting the cost and then going after the people who are liable—the freeholders—to pay. So far the Government have not shown themselves to be on the side of residents caught in this trap, but that is what is needed; the Government need to fight for ordinary people stuck in this position. I would be grateful if the Minister could give me a substantive answer. To do otherwise would suggest the use of a delaying tactic, which is really unhelpful. Frankly, our constituents will not sleep comfortably tonight or any night if it carries on like this.

[Kit Malthouse]

I do not seek to use any kind of delaying tactic. I cannot give the hon. Lady a specific answer tonight, but I can say, as I said earlier, that conversations are ongoing across Government about what further interventions we can make, because we recognise that the issue needs to be resolved as urgently as possible. In the social sector we are making good progress. In the private sector, progress is slower; I absolutely admit that. We need to do something to speed that up, and we hope to increase the pace quite soon. Discussions are ongoing.

However, I point out that we have said to local authorities that, where they go into a building and assess there to be a category 1 hazard, we will support them to step in and do the work themselves. We have said specifically that we will provide financial support for that to happen. We have amended the HHSRS tool to take into account and appreciate the envelope of a building, not just houses that are internal. The tools are there for local authorities to step in and take action where they believe there to be an imminent threat to life.

Alongside that, as I say, we have commissioned a wider review to make sure that the measures required to keep people safe on an interim basis are assiduously applied and monitored while we try to sort out the remainder—the tail end—of this unfortunate problem. It has been a difficult and complex landscape —both legally and practically—with which we have had to wrestle, and I hope that we will reach a resolution soon. Pleasingly, as I say, the vast majority of large developers in the industry are stepping forward to play their part, which we should welcome.

[Rushanara Ali]

rose—

[Kit Malthouse]

Given the seriousness of the debate, I will give way again.

[Rushanara Ali]

Can I ask the Minister once again about the timeframe he has in mind to get a grip on the outstanding issues, particularly with those companies that are not co-operating? Would he consider legislative action—or whatever action the Government can apply—to make them comply? Without the forcefulness of his Department and the entire Government, we are at risk of creating further danger to people’s lives.

[Kit Malthouse]

The hon. Lady should be under no illusion as to the amount of effort, time and commitment we are putting in to resolve this issue. There are meetings, both individual and collective, with companies and residents, and we are very close to the local authority and the community, who are also working hard, alongside us, to reach a resolution. I cannot give her a specific timeframe, but my desire is to get this finished and done as quickly as possible. I have seen the pain and anguish on the faces of people affected—it is very affecting to meet them and to understand what they are living with—and while I fortunately do not live in one of those buildings, it is not hard to put oneself in the position, in particular, of people whose home was their pride and joy and who had made a huge financial commitment. As I say, we are working as hard as we can to get that sorted out.

On that note, I thank hon. Members who have participated in the debate and reassure the House that we take this matter extremely seriously and are applying enormous resources to reach a resolution for all affected residents. Critically, we are determined to learn the lessons of the Grenfell tragedy and to ensure that nothing like it can ever happen again.

Question put and agreed to.