New Build Housing (Approved Inspectors)

Mark Garnier Excerpts

Monday 20th July 2015 Commons Chamber

[Mrs Maria Miller (Basingstoke) (Con)]

Thank you for allowing this important debate, Mr Speaker.

Buying a new home, particularly a brand new house, should be an exciting experience. It is the biggest purchase that most of us ever make and the ads we see in our local papers justify the premium paid for purchasing a new house: the promise of gleaming new shiny kitchens, immaculate gardens and hassle-free living. For many people, the promise is kept, but for some it is not. That is what the debate is about today.

I am not talking about cosmetic or aesthetic problems with the finish of a property, such as chipped paint or cracks in the plaster work, although we should not underestimate the problems that some new homeowners encounter in rectifying even these straightforward issues. I am talking about new homes that have very significant defects indeed. These might include a staircase that is falling away from the wall, a central heating boiler that has not been properly checked by an approved engineer, or a damp-proof course below ground level. The list goes on. I am talking about whether some new build homes are properly checked and assessed as safe to live in before they are sold and occupied.

A number of my constituents have brought these matters to my attention, and I am talking about dozens of homeowners, not just one or two, and not just in one housing development. What those people have suffered and had to live with is unacceptable. I will not talk about their personal cases tonight, for reasons of privacy, but they know who they are and I hope that they are listening to the debate. Constituents are facing dreadful defects in expensive new homes that clearly do not comply with building regulations. Resolving some of the problems could require significant building works or even demolition of the original house. I know from colleagues, and from websites, that this is not just a problem in my constituency. Similar issues are being experienced around the country, but few people feel confident to speak out.

Let us be clear: a detailed framework is in place that sets out the standards that need to be complied with, and I am sure that the Under-Secretary of State for Communities and Local Government, my hon. Friend the Member for Stockton South (James Wharton), will have gone through it in detail. There is also a statutory regime of inspection to be carried out by approved inspectors, who have a statutory role to check for compliance with building standards.

[Mark Garnier (Wyre Forest) (Con)]

My right hon. Friend has raised some scary stories. Is she aware of the existence of regulation M, which requires buildings to be compliant with the laws on disabled access? Is she also aware that the people who give advice to builders on how to comply with the regulation are the self-same people who sign off the building as being compliant? That is clearly nonsense.

[Mrs Miller]

My hon. Friend raises a question that I know he has probed in some detail. He is an expert on that matter, and he is right to mention the issue of conflict of interest. He demonstrates the fact that the problem I have raised needs addressing. Something is clearly going wrong.

The builder or contractor of course carries ultimate responsibility for compliance with building regulations, and for the quality of the construction, but the building control inspector is there to safeguard the new homeowner and to ensure that technical and safety standards are met. It is clear that in some cases the inspection regime is falling short of what is required and that problems are not being dealt with during the building process, leaving the new homeowner to deal with the fallout, as I have described.

I welcome the Ankers report on strengthening the procedural competency of companies registered as approved inspectors, and the disciplinary processes relating to the regulation of the profession. I also welcome the suggestion that a duty of care should be established between approved inspectors and the homebuyer. That is long overdue. It would give the homebuyer more redress against inadequate statutory inspection.

--- Later in debate ---

[James Wharton]

As it is the duty of CICAIR to run the process, checks are most commonly carried out when complaints have been made. Ongoing checks are not necessarily undertaken, but when complaints are made, a process is undertaken to look at the quality of the work that inspectors are doing.

This is not the first occasion on which concern has been expressed about the working of the regime. In 2012, the Construction Industry Council commissioned a review to deal with issues of governance and concerns about processes in the industry. The Ankers report covers the findings of that review, and makes 15 recommendations for possible improvements. They include reviewing the criteria for approving inspectors so that more consideration is given to the way in which applicants run their businesses, developing an annual return to monitor an approved inspector’s performance over the previous 12 months, and setting new targets for dealing with complaints.

I am pleased to say that all the report’s recommendations were accepted, and that CICAIR has already implemented some and is making good progress with others. For example, complaints are now being dealt with more quickly, and a programme of regular audits of approved inspectors is in place. My officials have regular discussions with CICAIR about the way in which it discharges its functions, including its progress in implementing the recommendations of the Ankers report. The systems governing approved inspectors are improving continually as a result of implementation of the Ankers recommendations, and the feedback received by CICAIR about its handling of the processes that it undertakes. Of course further improvements are always possible, and I recognise that my right hon. Friend has raised legitimate concerns on behalf of her constituents. I will take away those concerns tonight, and will consider, and discuss with my officials, whether further action is appropriate and necessary.

Approved inspectors have a duty to take such steps as are reasonable to enable them to be satisfied, within the limits of professional skill and care, that the relevant requirements of the building regulations have been complied with. They fulfil that duty by checking plans, conducting site inspections, checking the validity of energy and water efficiency calculations, and looking at other relevant documents. They can also question the evidence provided in certificates and other documents, and do not have to accept them as evidence of compliance. When necessary, approved inspectors may carry out their own tests and take samples to check compliance, and can go further. They have a range of powers and abilities to satisfy themselves that things are being done properly, although I suspect from what my right hon. Friend has said that her concern lies not with diligent inspectors, but with a small number who are not diligent.

Approved inspectors are required, as one of the conditions of their approval, to abide by the building control performance standards. Those standards help to ensure that building control standards are not driven down, which would put the health and safety of building users at risk. The building control performance advisory group, which is a sub-committee of the Building Regulations Advisory Committee, keeps the standards under continual review. Following a review in 2013, revised standards were published last year, which take account of the current expectations of the building control sector as well as those of customers. In particular, standard 6 covers site inspections. It requires records of each inspection to be maintained, and details of non- compliant work to be communicated promptly and clearly to the responsible person.

My right hon. Friend asked about the records and how they are dealt with in the current system. I should say that they are not necessarily detailed records; we do not prescribe a detailed format that they must take. Instead, they are records that the inspector keeps for their own use and often the content of them would not be of great use to individuals looking in from the outside to understand the processes undertaken.

However, approved inspectors are not clerks of work, nor are they responsible for quality issues beyond what is required by building regulations. They provide advice and guidance on how to bring work up to compliance standards. In most cases this is sufficient to ensure compliance with the building regulations. If unsuccessful, the approved inspector can cancel the initial notice and the work then reverts back to the local authority for enforcement action.

Homeowners who have been let down by the system and seek redress have a number of avenues to follow. First, they should complain directly to the builder or developer. In many cases this solves the problems, but of course not in all. If a warranty is in place, the homeowner can contact the warranty provider. Most warranties last for 10 years from completion of the building work.

In the first two years from completion of the building work, the builder is responsible for putting right defects caused by breaches of the technical requirements covered by the warranty. Where a defect is found and the builder refuses to carry out remedial work, a free resolution service is offered by the warranty provider.

The warranty provider will try to get the builder to carry out any necessary work, or in some cases arrange for the work to be carried out themselves. In years three to 10 from completion of the building work, the warranty provides insurance cover against the cost of repairing defined sorts of defects covered by the scheme. Warranties are not compulsory for new homes but the Department is aware that most new homes are covered by a warranty such as the NHBC Buildmark.

[Mark Garnier]

The Minister is describing the system very well, but he is talking about defects in the quality of the building. The system has a number of faults, however, in respect of regulation M and compliance with disability access. People have no redress to the local authority or the builder if they are non-compliant, because there does not seem to be a system that can prove that there is non-compliance, apart from the one the Minister described, where the inspector is the person who gave the advice in the first place and who will therefore, because of that conflict of interest, be unlikely to rule against themselves. Can he unravel that Gordian knot?

[James Wharton]

At its heart, that is perhaps a debate about the role of the approved inspectors. They are there to give advice, and that advice usually results in compliance. Their role throughout the building process is to advise and ensure standards are met. While I recognise the concerns my hon. Friend raises and I am happy to have further discussions with him about any specific cases, the role of the inspector is to ensure that throughout the process the building is compliant, not just to assess and approve—or not—at the end of the process.