Building Safety Bill (Eleventh sitting)

Marie Rimmer Excerpts

Tuesday 19th October 2021 Public Bill Committees

I confirm that this subsection allows regulations to be made to define higher-risk building use, using the characteristics included in the amendment, if the Government later consider it appropriate.

[Ms Marie Rimmer (St Helens South and Whiston) (Lab)]

What material factors would be considered appropriate to reconsider this situation? What would be necessary to re-examine or develop this further? Are the Government waiting for incidents to happen? Risk is supposed to be based on hazards and the likelihood of them materialising. Risk assessments are supposed to avoid materialisation, but that is not how the Bill is drafted.

[Eddie Hughes]

I understand the passion with which the hon. Lady makes her case, but I simply do not accept that point. We have been highly proportionate. Dame Judith Hackitt is well respected in this field. We have taken her advice and that of the Building Research Establishment—experts in the field—into consideration. The Building Safety Regulator will be responsible, through the Health and Safety Executive, for monitoring ongoing situations and therefore will be well placed to make recommendations to the Secretary of State should new evidence come to light. We are alive to the issue, and the Bill responds to it.

--- Later in debate ---

[Eddie Hughes]

That is correct. In those circumstances, that could be an individual’s home and we are not in the business of legislating to that extent. The idea of the Bill and proportionality is that it covers properties in multiple occupation.

[Ms Rimmer]

Does that mean that it would not be worth selling?

[The Chair]

Order. The Minister has finished so we will leave it at that.

Question put and agreed to. 

Clause 68 accordingly ordered to stand part of the Bill. 

Clause 69

Meaning of “Accountable Person” Etc

--- Later in debate ---

[Eddie Hughes]

I am afraid that the hon. Gentleman will have to wait for another day to hear about the resident engagement strategy. That is an exciting episode that we will discuss in detail later in the Bill. I look forward to engagements on that.

I explained some of the information that will be displayed on the certificate but I think the pre-eminent role of that is to ensure that residents know who is responsible for building safety within their building. The certificate will identify the principal accountable persons so that residents know where the line of responsibility lies. That is why it is important that such information is displayed prominently in the building.

[Ms Rimmer]

It is a pleasure, Mr Dowd, to serve under your chairmanship.

The certificate is a piece of paper that is on display but what will ensure that there is compliance with the policies, procedures and arrangements that lie behind the provision of the certificate?

[Eddie Hughes]

That question goes to the heart of how the Bill will change responsibility in the future. It will be important that the information is displayed, and if it is not—and we will talk about resident engagement later in the Bill, but I will touch on it briefly now—residents will now know who is responsible. As part of that process, there will have to be a complaints procedure through which they can escalate their complaints. A well-informed bunch of residents in a property will understand what provision should be made for them and how they can be helped to be apprised of building safety. If that is not done, the opportunity to make a complaint and escalate appropriately and perhaps ultimately to the Building Safety Regulator, if necessary, will be one of the things that we will talk about later. The hon. Lady is right. It is imperative that residents have access to that information and, when it is not provided, they have a route to escalate a complaint about its absence.

[Ms Rimmer]

The Committee has talked about the culture in the building industry and how there has been a lack of trust. At its core the Bill is about changing that culture and bringing about safety. The issue is in training people, ensuring that they keep that training up, quantity and compliance. We must ensure that the procedures on which people are trained are adhered to consistently. That must be part of the arrangements. We should be really concerned about that—I am not saying that we are not—and ensure that that happens. The culture of the people working in the industry is vital.

[Eddie Hughes]

One of the great things about the Committee is the agreement we have had at several points on matters of great concern. It is important that this is not a tick-box exercise. It is not, “I submit information to you. You tick a few boxes and give me a certificate. I put it on the wall, and everybody feels that we live in a safer place.” Since the Bill has been talked about, we are already seeing that culture change.

To cross-reference that with regard to the social housing White Paper—my other responsibility—we need to put tenants at the heart of everything that we do. This is not an academic or legislative exercise for a bunch of people in the room to figure out the best way to do things and trust that that will be done in the future. The hon. Lady is completely right that we need to change the culture, bringing tenants and residents with us, and I think that the Bill will serve that purpose.

Question put and agreed to.

Clause 74 accordingly ordered to stand part of the Bill.

Clauses 75 to 77 ordered to stand part of the Bill.

Clause 78

Duty to appoint building safety manager

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---

Clause 82 relates to the exception to the principal accountable person’s duty to appoint a building safety manager in buildings with more than one accountable person. If the principal accountable person has the capability to deliver the building safety manager function, and reaches an agreement with their fellow accountable persons, they too can be exempt from the duty to appoint a building safety manager. Before this can be confirmed, and the regulator notified, the principal accountable person must consult their fellow accountable persons. The consultation and subsequent agreement should align with the process, as would happen if an external building safety manager was appointed by the principal accountable person. Where no agreement can be reached, the process for arriving at a resolution will follow the same course as will be in place for building safety manager appointments in buildings with more than one accountable person. Regulations will be introduced to support those processes, including providing details of the consultation, the written agreement between accountable persons and dispute resolution.

[Ms Rimmer]

Is the certificate transferrable within an organisation to individuals? Would the Health and Safety Executive have some responsibility to ensure that if a new manager came along in the future, or a new accountable person, they would be up to the skills required to qualify for the original certificate?

[Eddie Hughes]

That is an interesting point. As I said, we need to ensure that the building safety regulator is kept informed and they will be able to determine that the new building safety manager appointed meets the criteria set out in the Bill. Effectively, if someone operates as a building safety manager and complies with the criteria set out in the Bill, a change in personnel should not matter because the competence level will be maintained and assured.

Question put and agreed to.

Clause 78 accordingly ordered to stand part of the Bill.

Clauses 79 to 82 ordered to stand part of the Bill.

Clause 83

Assessment of building safety risks

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---

[Eddie Hughes]

The independent review recommended the introduction of a safety case regime for high-rise residential buildings to drive culture change and improve the understanding and management of fire and structural safety risks, delivering safer buildings for residents. We are delivering on this recommendation. The introduction of this regime will change the way in which building owners demonstrate how they are managing building safety risks.

Safety case regimes have been successful in improving safety standards and reducing incidents in a number of sectors. Under this approach, accountable persons will not be able to rest on the assumption that merely following prescribed standards will result in safe outcomes. They must produce and maintain documented assurance to demonstrate that they are meeting the duties placed on them.

Safety case reports, which will be assessed by the Building Safety Regulator, are a tool that help to offer this assurance. The report must focus on the unique risks and arrangements in place at each higher-risk building and should justify why the safety arrangements that accountable persons are taking are appropriate and sufficient for managing the risks present. We will set out in secondary legislation the form and minimum content required for a safety case report. This will provide clarity on the areas that should be covered.

The HSE, as the shadow regulator, is leading a work programme with industry that will deliver simple guidance to help those with duties under the new regime comply with these new requirements. 

The safety case regime is a dynamic and continuous process. A safety case report must remain relevant and be revised to reflect the risks present and how the building is being managed if and when circumstances change. Safety case reports will be assessed by the Building Safety Regulator, including as part of the building assessment certification process. On assessment, the regulator may use its powers of direction to require that further safety measures be implemented if they consider that accountable persons do not have sufficient arrangements already in place. 

The process of developing the safety case report will improve safety by ensuring a systemic review and assessment of hazards and their associated risks and the control measures either required or being employed to eliminate or reduce them. The Health and Safety Executive has vast experience and expertise in delivering regulatory oversight for safety case regimes and working collaboratively with stakeholders. We will ensure the right environment is in place to deliver holistic management of building safety risks, so that residents are, and feel, safe in their homes.

The independent review recommended that the duty holder for occupied higher-risk buildings be required to present their safety case to the regulator at regular intervals, to demonstrate that building safety risks are being managed. Clause 86 provides the framework by which this process will be delivered. On completion of a safety case report, and at any time when the report is revised thereafter, the principal accountable person must notify the regulator. As noted, the regulator will assess the safety case report as part of the building assessment certification process, but it may also undertake a further assessment if that is deemed necessary. The report must be submitted if such a request is made. The knowledge that there has been a review by the regulator of the safety arrangements in place in their building will provide reassurance to residents that their buildings are safe to occupy. These arrangements will ensure that the regulator is able to maintain oversight and deliver its functions effectively.

[Ms Rimmer]

The Bill is already setting criteria for the building safety case report, inasmuch as it refers to 18 metres or seven storeys. Beneath that, a building does not comply, so how or where do we get the building safety manager’s freedom to do a personal risk assessment of a building that is below seven storeys or 18 metres? Can the Minister quantify or qualify how they are going to be able to do their job, or is this one of the “developments” that we are looking for to change the criteria, to bring buildings below that measurement in?

[Eddie Hughes]

I think there is a terrible possibility that I may not have completely understood the case the hon. Lady was making. The point about the assessment is that it will be a live assessment of the risks in a particular building and then the mitigating factors that will be introduced in order to minimise those risks. With regard to the prescription of building height set out in previous clauses, that simply determines which buildings are in scope. If we assume that a building is in scope, that the legislation applies and that the principal accountable person needs to submit their building case to the regulator in order for it to be assessed, that will be bespoke and determined by individual building requirements.