The Building Safety Regulator: Building a Better Regulator (Industry and Regulators Committee Report) Debate
Full Debate: Read Full DebateLord Jamieson
Main Page: Lord Jamieson (Conservative - Life peer)Department Debates - View all Lord Jamieson's debates with the Ministry of Housing, Communities and Local Government
(1 month, 3 weeks ago)
Grand Committee
Lord Jamieson (Con)
My Lords, I declare my interest as a councillor in central Bedfordshire. It is a delight to follow so many excellent speakers, such as not only the noble Lord, Lord Roe, but the noble Lord, Lord John, given his experience of Southwark. I also give my thanks to the committee and to the noble Baroness, Lady Taylor of Bolton, for their excellent work and this very helpful and useful report before us.
This is a subject of real importance; it goes to the heart of two of the most pressing challenges that we face: ensuring that buildings are safe for those who live in them and ensuring that we can actually build the buildings that we need for our communities and people. There was a very interesting comment from the noble Lord, Lord Roe, that one of his big concerns is not just the safety of buildings but having safe buildings available for fire staff in London.
The establishment of the Building Safety Regulator was one of the most significant reforms introduced under the Building Safety Act 2022, by the previous Conservative Government, in response to the Grenfell Tower tragedy. That Act was necessary and it was a serious attempt to restore confidence in the system of building control to strengthen accountability across the construction sector and to ensure that the failures that led to Grenfell could never be repeated.
We should be clear about why reform was needed: the Grenfell Tower fire, now almost nine years ago, led to the loss of 72 lives. Beneath that was the exposure of profound, long-standing failures in regulation, oversight and professional competence, as others have mentioned. That subsequent inquiry identified that the regulatory system had not kept pace with risk, a culture in parts of the industry where fire safety was not given sufficient weight and deeply concerning misconduct by some manufacturers of construction products.
In that context, the direction of travel set by the Building Safety Act was right: stronger regulation of higher-risk buildings, clearer responsibilities and a more robust system of oversight were all necessary reforms. However, as the committee’s report makes clear, the effectiveness of the system now depends on its operation in practice. It is one thing to design a regulatory framework; it is an entirely different thing to make sure that it operates well in practice. As the committee suggests, in its early operation, the Building Safety Regulator faced a number of challenges in its performance. I am delighted to hear in the update from the noble Lord, Lord Roe of West Wickham, that its performance is improving substantially and that a number of the recommendations that are in the report are, in effect, being taken forward and acted upon, but there is more to do. I will concentrate on some of that, but I recognise that the regulator is part of the way along that journey.
Importantly, there have been delays in decision-making, uncertainty among applicants about what information is required at different stages, inconsistent communication, and a shortage of suitably qualified inspectors and fire safety professionals. Building safety is a shared responsibility: a regulator cannot succeed without a competent and responsive industry and, equally, the industry cannot succeed without a regulator that is clear, proportionate and efficient in its decision-making. I am pleased that other noble Lords have mentioned the importance of culture and of working with the industry and not being entirely separate.
As leader of Central Bedfordshire, I saw directly the challenges of delivering housing, regeneration and infrastructure within an increasingly complex regulatory environment. Local authorities sit at the intersection of these systems. We work with the developers, housing associations, utilities and regulators. What matters most in practice is not simply the existence of regulation but that it is clear, predictable and capable of being navigated without unnecessary delay. Where that clarity exists, delivery can proceed at pace. Where it does not, even well-intentioned policy can become a barrier to progress.
If we are to build the homes this country needs, we cannot look at building safety regulation in isolation. We must consider how it interacts with practical realities. How can we ensure those high standards ensure the use of safe materials but deliver decisions in a timely and predictable way? I do not think many noble Lords mentioned risk in terms of development. If you ask developers, the things that they are interested in are speed, certainty of decision-making and risk. This is a particular issue in places such as London, where you have huge upfront costs—buying the land, the development process and so forth. If you are building a large block of flats, you cannot sell them until you have completed the whole building. For those of us in rural areas, if you have 10 acres and are building detached houses, you can build them a house at a time and your upfront costs are so much less. Ensuring that you have a safe process is absolutely the first thing, but how can we also give people certainty that they will get through the process and know what the requirements are? That is how we will be able to get more buildings done.
The figures in the report illustrate the scale of the issues. The target is 12 weeks. In May this year, it was 35 weeks. I am really impressed that it is now 22 weeks, which is an improvement. We acknowledge that, but there is more progress to be done in the process. Delays inevitably have consequences, not just for new buildings but in existing buildings where remediation needs to happen. It means leaseholders remain in buildings with unresolved safety issues for longer than they need to. Remediation schemes are extended. Development pipelines are slowed and councils, particularly those engaged in regeneration, face uncertainty that can affect viability, funding and sequencing.
The committee is also right to highlight skills. It seems that everything in the development world revolves around a shortage of skills—whether of planners, plasterers, brickies or electricians. This is a critical area of safety, and I am really pleased that the Building Safety Regulator has been able to get more people with the skills they need. The one question I will ask is about an experience we have had with planners. When there is a downturn for developers—clearly, they are not bringing forward as many projects as they have in the past; their demand has gone down—we find that there are more people available on the regulator and planning side. I would like an assurance from the Minister that we recognise the need for a skills pipeline but are not overoptimistic, as we could be in a situation where, because of a slowdown in the number of developers bringing forward projects, the demand on their side is reduced and availability for the regulator is increased. I think that is something we need to look at.
One particularly important recommendation that the noble Baroness, Lady Taylor of Bolton, brought forward was around the well-judged balance in determining what needs to be approved and when. That is very important for looking at category A and category B and the timing. Getting everything done up front is great, but when you are dealing with something with very high costs involved, if you are able in a safe way—as the committee suggests—to do it over a period of time and bring forward things at the appropriate time rather than up front, that has significant benefits. Equally, as we have been saying, with category A and category B works, it is about ensuring that you have the right specialist expertise operating on the most demanding aspects and the appropriate levels at some of the other maybe less demanding categories, such as category B.
We have talked about clarity of communication. I would also mention—I am very pleased that the noble Lord, Lord Roe, raised this—that building safety is not a static discipline. As the noble Lords, Lord Roe and Lord Best, said, we need to ensure that there are safe materials and that they are tested suitably. That is not necessarily within the remit of the Building Safety Regulator at the moment but, as we get a better understanding of what safe materials and safe design are and how fire operates in a building, with that greater knowledge and experience, the Building Safety Regulator should look at how regulation can evolve to ensure that we enhance building safety and have a responsive regulator. I am very keen that those lessons are brought forward and that we can evolve our approach to regulation to ensure that we improve our safety.
In conclusion, we are dealing with two parallel national priorities: the remediation of unsafe buildings in the wake of Grenfell and the need to increase housing supply across the country and to ensure that buildings are safe. These priorities should not be in conflict and they do not need to be. A system that restores confidence in building safety will support investment and delivery, but a system that is slow and unpredictable risks undermining both. That is why the report is so important. It does not question the principle of strong regulation or seek to dilute the lessons of Grenfell; rather, it focuses on how we can ensure that the system introduced by the Building Safety Act 2022 works as effectively as Parliament intended and as is needed. I hope the Government will give the committee’s recommendations careful consideration. They are practical, measured and focused on improving outcomes, rather than on the process for its own sake. I commend the report to the Committee.