Oliver Colvile
Main Page: Oliver Colvile (Conservative - Plymouth, Sutton and Devonport)New Build Housing (Approved Inspectors)
Oliver Colvile Excerpts
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.
Oliver Colvile (Plymouth, Sutton and Devonport) (Con)
I thank my right hon. Friend for giving way, and I draw the House’s attention to my entry in the Register of Members’ Financial Interests. I am the chair of the all-party parliamentary group on the built environment, and I wonder whether she is aware that we are going to conduct an inquiry. I would very much welcome her involvement in that campaign.
Mrs Miller
My hon. Friend and I have had conversations about that, and I shall welcome the opportunity of carrying out a more detailed analysis.
The inspection regime remains opaque. Inspectors are required to compile and keep extensive reports on all new homes as they are built, but those records are then kept secret from new homeowners. Why? If the inspection regime is really to work in favour of the housebuyer, we need transparency about the work of approved inspectors. We also need more accountability, and we need to know that they are scrupulously independent and that there are no conflicts of interest such as the one my hon. Friend the Member for Wyre Forest (Mark Garnier) mentioned.
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.
Oliver Colvile
The all-party group on excellence in the built environment is going to conduct an inquiry into this. Once we have done so and written our report, will the Minister meet us to discuss our findings?
James Wharton
My hon. Friend pre-empts some of my later comments recognising the good work done by the all-party group of which he is a member. I will be very happy to meet him and his colleagues on that group to discuss their report and findings, and to see if there are lessons to learn. There is an ongoing process of review; we are always looking at what we can do better and where we can make improvements, and I have no doubt that the work that group undertakes will be very helpful and informative.
Builders are required to be registered with the warranty provider to be able to purchase their warranty products; complaints are often about products. A homeowner may also be protected by the consumer code for homebuilders, an industry-led scheme that aims to give protection and rights to purchasers of new homes.
The code applies to all homebuyers who reserve to buy a new, or newly converted, home on or after 1 April 2010 built by a homebuilder registered with one of the supporting warranty bodies such as NHBC. Between 2010 and 2013 57 cases were referred to the code’s independent dispute resolution scheme, of which 21 succeeded in part and two succeeded in full. In the last resort the homeowner may make a civil claim against a builder. Redress against the approved inspector is an issue that then becomes relevant to tonight’s debate. If an approved inspector is negligent or does not carry out such steps that are reasonable to enable them to be satisfied that the relevant requirements of the building regulations have been met, such as failing to visit the site often enough, a complaint can be made to CICAIR. If a complaint is upheld, CICAIR can take disciplinary action against the approved inspector and, as a last resort, remove their approval.