Private Tower Blocks: Removal of Cladding

Rushanara Ali Excerpts

Monday 29th April 2019 Commons Chamber

[Rushanara Ali (Bethnal Green and Bow) (Lab)]

I have secured this debate to highlight the grave danger facing thousands of people living in privately owned high-rise blocks in my constituency—[Interruption.]

[Madam Deputy Speaker (Dame Eleanor Laing)]

Order. We cannot have leftover conversations from the last debate getting in the way of the hon. Lady’s speech. It is important that she is heard.

[Rushanara Ali]

Thank you, Madam Deputy Speaker.

I secured this debate to highlight the grave danger facing thousands of people living in privately owned high-rise blocks in my constituency and up and down the country. I am referring, of course, to the presence of aluminium composite material—ACM—cladding on tower blocks that are owned by private companies, not council or housing associations. The danger is real and deeply worrying but can easily be alleviated if Ministers decide to take action. I hope that the Minister will today set out a firm plan of action with a clear set of deadlines to put the situation right.

It is unlikely that many of us would have been aware or known what ACM cladding was were it not for the terrible tragedy of the Grenfell Tower fire. On the terrible night of 14 June 2017, 72 people lost their lives, and many more were injured, lost their homes and suffered a trauma that they are likely to carry with them for the rest of their lives. It was a trauma shared by the whole nation, which watched this needless tragedy.

It is clear that ACM cladding contributed to the speed with which the fire spread up and down the building, and to the loss of life. This was an avoidable, man-made disaster. Shockingly, the nation then discovered that this kind of cladding and similar flammable cladding is present on hundreds of blocks and other buildings around the country. In the immediate aftermath, Ministers promised swift action to replace ACM and other flammable materials on high-rise blocks, but instead, we have seen unacceptably slow progress, and 22 months later, 345 high-rise buildings with ACM panels have yet to be made safe.

[Jim Shannon (Strangford) (DUP)]

I thank the hon. Lady for giving way and congratulate her on securing a debate on this issue, which has elicited the emotion and interest of the House over a period. Does she agree that it is imperative that the cladding is removed quickly and that a Government-aided scheme would ensure that owners do the right thing and we see the prevention of another Grenfell tragedy? That has to be our goal. It is good to see the Minister in his place; we are all appreciative of him and look forward to his response. I add that the hon. Lady has another two and a half hours for her debate.

[Rushanara Ali]

I thank the hon. Gentleman for his contribution, and I very much hope that the Minister will say something concrete about legislation and about other steps that he and his Government will take to rectify this appalling problem.

This is deeply worrying for families living in those blocks, and is causing huge anxiety, fear and insecurity. Many of my constituents have raised serious concerns. One of them said that

“we are trapped with crippling fire warden charges and have an unsaleable flat. My wife is now taking anti-depressants.”

The UK Cladding Action Group, established by residents in these unsafe blocks, has run a survey showing the impact on the mental health of these residents, and 88% stated that their mental health was worse than before. One resident said:

“I feel as though I could burn alive at any minute. I live in constant fear, my physical and mental health has taken a huge impact. My financial situation is unbearable, I cannot sell my property or remortgage. I am stuck in a nightmare”.

Another said:

“The massive £18,500 charge bestowed upon me is completely un-payable in my current financial situation. I have put everything on hold in the hope of a solution to present itself but currently nothing.”

Another said:

“I was made redundant and can’t get a loan, can’t remortgage or sell my property. I feel trapped and the anxiety of this is affecting me getting another job”.

Another said:

“The constant stress and worry has destroyed the relationship with my long term partner and as a result we have terminated our relationship. She could not handle living in a building that could kill us”.

Another said:

“The financial stress and feeling unsafe in my own home is taking a huge toll on our lives—we are also getting married in two months and this huge cladding bill has overridden everything. We want to move so we can start a family but are unable to as the flat is not sellable, and we can’t raise a family in such a flammable building.”

Others have listed many examples of struggle and trauma. One resident said:

“My partner and I need to sell our property to buy a bigger place because I am pregnant and expecting our first child in 1 month. However, we have been unable to do this due to the cladding. This has caused immense amounts of anxiety and stress. We have also had to put our wedding plans on hold.”

Another said:

“I can’t sleep very well. I think about my unsafe property daily. I can’t believe that I bought it in good faith, thinking I’d live in a safe and happy home. I’m stressed every day.”

Others have talked about their health issues. One resident said:

“I suffer from an auto immune condition. Stress and working long hours can make the symptoms worse. This is a stressful situation as I feel I may not be able to sell/remortgage my property. And now I’m not only worried about my family’s safety, I’m worried about our financial security. So now I’m working harder than ever.”

Another said:

“My boyfriend has moved to Italy without me as I cannot sell my flat… I have had to take a second job as I am unable to sell the property and release capital”.

Another of the residents said:

“This has been the worst 21 months of my life. I am struggling to get through each day. Gone is the enjoyment of life.”

There are hundreds of these testimonies, and I have highlighted just some of the experiences of anxiety and fear, as well as devastation, that living in ACM-cladded properties has caused people up and down the country, as well as in my own constituency.

On 8 May, the UK Cladding Action Group will host a meeting to share its findings and concerns. I hope the Minister will be able to meet us at this very important meeting, and that Members from across the House will join the residents attending that meeting.

[Sandy Martin (Ipswich) (Lab)]

Does my hon. Friend share my anxiety for the leaseholders who, even when the freeholder has done the right thing and removed the cladding, are left in negative equity, where the value of their flat is actually less than the bill hanging over their head for the removal of the cladding?

[Rushanara Ali]

Absolutely. I fully agree because the leaseholders bought the properties in good faith; they did not know that these blocks had ACM cladding. If anyone is responsible, it is the Government because the ACM cladding should never have been used—it was dangerous—and that is why it is important that the Government deal with this issue to protect people from this predicament.

[Paul Girvan (South Antrim) (DUP)]

On that very point, a lot of the retrofitting that used this type of cladding was actually done to comply with EU regulations on the energy efficiency of those buildings. As a consequence, those involved fell through the loophole of having to obtain an energy efficiency certificate for a building to comply legally with the associated legislation without, unfortunately, the safeguard of putting on something that met all the fire regulations and complied accordingly.

[Rushanara Ali]

I thank the hon. Gentleman for his comments. He has woven in the European perspective, but I would say to him that, fundamentally, the duty of care is with our Government—of whichever political colour—and there was nothing stopping the Government making sure that flammable cladding was not used, so to revert to blaming the EU is frankly unhelpful and not in the spirit of the purpose of this debate. This is about how we protect our citizens in this country, and how we learn from what has happened with the failure of regulation in our country to protect people in the future and deal with what is happening now for those who have dangerous cladding covering their blocks of flats.

Last summer, after vociferous campaigning, Ministers announced £400 million of funding for urgent fire safety repairs in social housing blocks that are at risk. This is welcome, but it did not come easy. The Grenfell survivors, having been through the most horrific trauma, campaigned with charities, local authorities and Members of Parliament. We had to fight tooth and nail to secure this funding, and it took a year. It should not have taken so long; the Government should have done it immediately. Now, we have to fight tooth and nail for a similar pledge for people to be protected in privately owned blocks. I hope the Minister will say something positive today about additional funding because this has gone on for two years, and it should not be like that.

Of the 345 buildings that I have mentioned are awaiting repairs, 226 are in private hands, and Ministers have done too little to make them safe. Of course, fire does not discriminate between private and public ownership. There is no logic in safeguarding social housing while ignoring private housing. Ministers have said that they expect private building owners to pay for these measures, although this has been backed only by an appeal to their good will and good nature, rather than stipulating it through legislation. The Government should make this a legal requirement.

Where repairs are being carried out, some private owners, as the Minister is fully aware, are passing on the costs to the people living in the flats as a service charge under the terms of their leases. This can amount to thousands of pounds, and it is simply unacceptable. As we know, freeholders who own these blocks are often in the shadows, obscured by front companies, and under data protection laws they can remain anonymous because of the risk of arson. If there is no law to compel freeholders and no public scrutiny, it is hardly surprising that many will fail to act.

In January, the Minister said that he could guarantee that people in high-rise flats with ACM cladding were safe to sleep at night, but thousands living in flats in high-rise buildings, encased in cladding that could spread fire with rapacious speed, do not feel safe and there is no good night’s sleep. The sleepless nights will continue until Ministers get a grip and move fast to take down the cladding.

My local authority, Tower Hamlets, is among those with the highest number of blocks with dangerous ACM cladding in the country: 41 are privately owned blocks, and nine are social housing blocks. Victoria Wharf in my constituency, which has been in the press, has ACM cladding like that at Grenfell. Residents have been charged nearly £7,000 per flat for temporary safety measures, such as 24-hour fire wardens. They are very concerned that no real action has been taken yet, despite the fact that the dangers are well known. The freeholder is Vuillard Holdings, which is registered offshore.

Currently, there are no legal means of forcing the owners to meet their obligations—and if there are any, they are not affordable for my constituents. Perhaps the Government could take legal action against these companies if they are not prepared to legislate to make the companies pay. Time and again, when Ministers have heard the anguished cries of people in this situation, they have offered no solace. Indeed, the Minister for Housing told the Housing, Communities and Local Government Committee that he was “sorry to be opaque” when he was pressed on making funding available for private ACM-clad plots. I am sorry, too. This evening, instead of being opaque, I hope he will be transparent and demonstrate the urgency of the matter by announcing practical action backed by resources.

Specifically, I ask the Minister to address the following. Will his Department commit to creating new national funding for the removal of dangerous cladding from private blocks, administered by either national or local government? That would mean that works could start straight away. The funding must be additional, given the crisis in local government finance. Will he agree a series of deadlines along a clear timeline to remove all dangerous cladding? Will he amend existing legislation to force freeholders to pay for repairs?

I hope that we are about to hear an action plan about these important issues—making money available now, setting a timetable and making freeholders pay. In last year’s Budget, the Chancellor made £420 million of extra funding available to fix potholes. Do not get me wrong: fixing potholes is important—I tripped on one and had an injury—but the issue that we are debating is a matter of life and death for thousands of people up and down the country. For many in my constituency and the constituencies of Members across the House, urgent action is required.

After Grenfell, the Prime Minister said:

“My Government will do whatever it takes to…keep our people safe.”

Two years on, her Government have completely failed to honour that commitment, even when people are living in utter fear and despair for their and their family’s safety and are trapped in properties with no end in sight. In fact, I would go as far as to say that if one more fatality like those at Grenfell occurs in a block with ACM cladding because of this Government’s failure to act, this Government will be absolutely liable. They will have blood on their hands if they do not take action and if some other disaster happens.

--- Later in debate ---

[Kit Malthouse]

The hon. Gentleman is quite right to press me, as is my hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake). I am not able to say tonight what specific measures are likely, but I am hopeful that we will be able to do so shortly.

We have worked closely with local authorities and fire and rescue services to ensure that interim safety measures are in place, so that residents are safe in their beds tonight. The hon. Member for Bethnal Green and Bow referred to my wanting reassurance that people are safe tonight. In fact, I have ordered a review of all those arrangements to take place as soon as possible, so that I can reassure myself that that is still the case.

Local authorities have the power to enforce these improvements if building owners do not take action. We are backing local authorities to take action where building owners refuse to remediate, including with financial support where it is necessary for the local authority to carry out emergency remedial work. Where financial support is made available, the relevant local authorities will attempt to recover the costs from the building owner.

[Rushanara Ali]

The Minister referred to “tonight”. Is he saying that every time we manage to get him into this Chamber he can reassure our constituents that they are safe for a night, or does he mean indefinitely, until the work is done? Will he explain how people can be protected against having to pay thousands of pounds towards the fire wardens, because that is happening to my constituents?

[Kit Malthouse]

As I have explained on numerous occasions, my primary concern, while waiting for the work to be undertaken, is to make sure that interim measures are in place in every affected building, so that people can be reassured that they are safe this evening and until that work is done. It is obviously the responsibility of building owners to make sure that their buildings are safe, but local fire and rescue services have been working closely alongside local authorities to make sure that that certification is in place. I have asked for a review, I guess to satisfy myself that the measures taken over the last few months—whether waking watch or others—are still in place and are still assiduously adhered to.

I met someone recently who outlined that one measure that has been very reassuring for her has been the heat detectors in the rubbish chutes—often flashpoints for the start of fires—that alert the building control system that a fire may well be starting. We want to reassure ourselves that, across those buildings that have not yet been remediated, those interim measures are in place, to reassure people for the moment, while we wait for remediation. I acknowledge that this is not an ideal situation. We want to get the remediation done as quickly as possible.

However, whatever solution is found for these buildings, we have to recognise that these are often complex and difficult construction jobs involving enormous amounts of scaffolding, the procurement of alternative methods of cladding and finding the workforce and contractors to do the work. All of that may well necessarily take some time. However, as I said, local authorities have the power to enforce these improvements, and we have included a package of financial support where it is necessary and local authorities feel the need to step in. We intend to recover those costs from building owners if that is the case.

We established a joint inspection team to provide support to local authorities in ensuring, and where necessary enforcing, that remediation. We have strengthened the housing health and safety rating system and its operating guidance to provide specific guidance on the assessment of high-rise residential buildings with unsafe cladding. That should help local authorities to take action.

The Secretary of State and I also regularly chair a remediation taskforce to oversee progress. I take this opportunity to remind the House of the strong progress we have made in social sector remediation. The Government made £400 million available to social sector landlords to fund the remediation of unsafe aluminium composite material cladding on residential social housing buildings taller than 18 metres. We have so far allocated £259 million, and we are still accepting applications. Remediation has started or been completed in 85% of social sector buildings, and there are plans and commitments in place to remediate all remaining buildings.

I would also like to tell hon. Members about the work we are doing following the Hackitt review. Following the Grenfell Tower tragedy, we asked Dame Judith Hackitt to carry out an independent review of building regulations and fire safety. Dame Judith’s review found that the system was not fit for purpose. The review made 53 recommendations to establish a new regulatory framework and achieve a culture change to build and maintain safe buildings. The Government accepted the diagnosis of the independent review and published our implementation plan last December, which set out how we intend to take forward the review’s recommendations.

We committed in the implementation plan to consult on our proposals for a fundamental reform of the building safety system this spring, and we will publish our proposals shortly. Our aim is to put residents at the heart of a more effective system, with clear and more demanding accountability and responsibility for those who design, construct and manage buildings, alongside effective penalties for those who flout the system. We have not waited for legislation to begin to reform the system; we have already made progress. This includes launching consultations to make sure that standards and guidance are clear, banning combustible cladding on new buildings taller than 18 metres and further restricting desktop studies. We are also launching calls for evidence around approved document B and the role that residents can play in keeping buildings safe. Much of the work to reform the building safety system will require primary legislation, which we have committed to introducing at the earliest opportunity.

We are also making sure that change begins on the ground as soon as possible through our joint regulators group, which is helping us to develop and pilot new approaches and to transition to a new, safer system. An industry early adopters group is trialling aspects of the proposed new regulatory framework in advance of legislation. Industry must also drive culture change by adopting a safety-first mindset and taking greater responsibility for building safety, and we will champion those that do the right thing.

The Grenfell Tower fire represents the greatest loss of life in a residential fire in a century. We must rebuild public trust in the system in tribute to those who lost their lives, the bereaved and the survivors.

[Rushanara Ali]

This update is helpful, but I bring the Minister back to the points made about resources for privately owned blocks, because that is where the big loophole is. The hon. Member for Thirsk and Malton (Kevin Hollinrake) mentioned the Government fronting the cost and then going after the people who are liable—the freeholders—to pay. So far the Government have not shown themselves to be on the side of residents caught in this trap, but that is what is needed; the Government need to fight for ordinary people stuck in this position. I would be grateful if the Minister could give me a substantive answer. To do otherwise would suggest the use of a delaying tactic, which is really unhelpful. Frankly, our constituents will not sleep comfortably tonight or any night if it carries on like this.

[Kit Malthouse]

I do not seek to use any kind of delaying tactic. I cannot give the hon. Lady a specific answer tonight, but I can say, as I said earlier, that conversations are ongoing across Government about what further interventions we can make, because we recognise that the issue needs to be resolved as urgently as possible. In the social sector we are making good progress. In the private sector, progress is slower; I absolutely admit that. We need to do something to speed that up, and we hope to increase the pace quite soon. Discussions are ongoing.

However, I point out that we have said to local authorities that, where they go into a building and assess there to be a category 1 hazard, we will support them to step in and do the work themselves. We have said specifically that we will provide financial support for that to happen. We have amended the HHSRS tool to take into account and appreciate the envelope of a building, not just houses that are internal. The tools are there for local authorities to step in and take action where they believe there to be an imminent threat to life.

Alongside that, as I say, we have commissioned a wider review to make sure that the measures required to keep people safe on an interim basis are assiduously applied and monitored while we try to sort out the remainder—the tail end—of this unfortunate problem. It has been a difficult and complex landscape —both legally and practically—with which we have had to wrestle, and I hope that we will reach a resolution soon. Pleasingly, as I say, the vast majority of large developers in the industry are stepping forward to play their part, which we should welcome.

[Rushanara Ali]

rose—

[Kit Malthouse]

Given the seriousness of the debate, I will give way again.

[Rushanara Ali]

Can I ask the Minister once again about the timeframe he has in mind to get a grip on the outstanding issues, particularly with those companies that are not co-operating? Would he consider legislative action—or whatever action the Government can apply—to make them comply? Without the forcefulness of his Department and the entire Government, we are at risk of creating further danger to people’s lives.

[Kit Malthouse]

The hon. Lady should be under no illusion as to the amount of effort, time and commitment we are putting in to resolve this issue. There are meetings, both individual and collective, with companies and residents, and we are very close to the local authority and the community, who are also working hard, alongside us, to reach a resolution. I cannot give her a specific timeframe, but my desire is to get this finished and done as quickly as possible. I have seen the pain and anguish on the faces of people affected—it is very affecting to meet them and to understand what they are living with—and while I fortunately do not live in one of those buildings, it is not hard to put oneself in the position, in particular, of people whose home was their pride and joy and who had made a huge financial commitment. As I say, we are working as hard as we can to get that sorted out.

On that note, I thank hon. Members who have participated in the debate and reassure the House that we take this matter extremely seriously and are applying enormous resources to reach a resolution for all affected residents. Critically, we are determined to learn the lessons of the Grenfell tragedy and to ensure that nothing like it can ever happen again.

Question put and agreed to.