Building Safety Bill (Fourteenth sitting)

Mark Logan Excerpts

Thursday 21st October 2021 Public Bill Committees

[Eddie Hughes]

I think, in terms of the spectrum of powers, that we are better focusing on the ultimate power: that developers could be expelled from the scheme if they do not comply with the ombudsman’s code. That would prevent them from developing in the future, which feels like a heavy stick with which to beat them should they decide not to comply. It is therefore important for that ultimate action to be available, so that people know that a developer not prepared to comply with the code will ultimately be prevented from building homes in the future.

Question put and agreed to.

Clause 130 accordingly ordered to stand part of the Bill.

Clause 131 ordered to stand part of the Bill.

Clause 132

Developers’ code of practice

[Mark Logan (Bolton North East) (Con)]

I beg to move amendment 57, in clause 132, page 137, line 9, at end insert—

“(1A) The code of practice must include measures on the standards of quality of work to promote building safety, including but not limited to, preventing water ingress.”

This amendment requires the developers’ code of practice to include standards relating to the prevention of water ingress.

[The Chair]

With this it will be convenient to discuss clause stand part.

[Mark Logan]

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

I am speaking to the developers’ code of practice. The hon. Member for Weaver Vale mentioned earlier that, right across this country in every one of 650 constituencies, we receive a huge amount of casework. I will talk a little about my own constituents, their issues and how we may rectify matters through further consideration.

My constituents in Holden Mill in Astley Bridge have been considerably let down by the substandard workmanship of P J Livesey, a Cheshire building contractor, and by the insurers, the National House Building Council. Both parties appear to be protecting themselves, rather than the 450 residents of Holden Mill. I am pleased that the Government have already supported my residents with several schemes and through the work of the Building Safety Bill. I hope that we can ensure further protection of such residents and greater accountability.

The residents of Holden Mill have been at the mercy of NHBC and PJ Livesey for far too long. They face the dread of water ingress caused by the slightest downpour, and are surrounded by cladding deemed to be high risk. Every night, a physical waking watch travels through each and every corridor of their building to ensure that they are safe. However, that comes at significant cost, both financially and psychologically.

For example, Anita Brooks, who should be looking forward to welcoming her first child shortly—perhaps today—is in the midst of this unwanted lingering distress, unable to sell her apartment due to the unacceptable workmanship. Similarly, Kirit Raja owns two properties in the Holden Mill, both of which were uninhabitable for several months. He, too, was unable to sell them on the market, because of the historical incompetence of P J Livesey and others.

Rather than peaceful enjoyment or seeing a return on their investments, my residents are being forced to pay out thousands of pounds of their hard-earned money for mistakes for which they are not responsible. I suggest that that is happening up and down the country, which is why it is of paramount importance that we establish a new code of practice for the industry. The code must include measures on the standards of work quality to promote building safety for residents such as Anita and Kirit, ensuring that the industry is held accountable.

[Ruth Cadbury (Brentford and Isleworth) (Lab)]

I am really interested in this amendment. The hon. Gentleman specifically mentions water ingress, but the amendment says:

“including, but not limited to, preventing water ingress.”

I have had casework that involves water ingress. Does the hon. Gentleman agree that there are other examples of people living in poor-standard accommodation due to poor workmanship? People have reported windows falling out, gaps in external walls and windows, unacceptable barriers between flats—stud walls where there should be brick walls, so that smoke, noise and fumes pass between—and so on. Does he agree that such examples should be considered, as well as water ingress?

[Mark Logan]

I thank the hon. Lady for that intervention. I appreciate that she is an expert in this field, having worked in the industry for many years, like my right hon. Friend the Under-Secretary—apologies if I have given him a promotion. It will come. The hon. Lady raises an important point. That is why I would like to probe the Government even further. Water ingress is one part of this, but further consideration should be given to some of the elements that she has rightly raised.

If this provision had been in place 15 years ago, the likes of NHBC and P J Livesey could have been brought to task instead of my blameless constituents at Holden Mill. I encourage the Government to put more work into considering whether to apply the clause retrospectively to ensure that the residents of Holden Mill in Astley Bridge are protected. Will my hon. Friend the Minister help me by saying whether decompartmentalisation issues will be addressed in the code of practice and whether he is considering applying the code retrospectively?

--- Later in debate ---

[The Chair]

I call Mark Logan.

[Mark Logan]

I am not sure what I am meant to do at this point, Mr Davies.

[The Chair]

You should indicate whether you wish to push your amendment to a Division or withdraw it.

[Mark Logan]

Oh, I see. I look forward to coming back to aspects of this issue in the future. I thank the Minister for his thorough response today, and in the light of his comments, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Clause 132 ordered to stand part of the Bill.

Clause 133

Construction products

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

[The Chair]

With this it will be convenient to consider that schedule 9 be the Ninth schedule to the Bill.