Building Safety Bill (Seventh sitting)
Debate between Theo Clarke and Christopher Pincher(3 years, 2 months ago)
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Christopher Pincher
My hon. Friend is absolutely right. Underlying our approach is the need to ensure an efficient and expeditious method of information sharing, whereby resolution is achieved.
It is also possible that, with effective information sharing, it will be possible over time for the Building Safety Regulator to understand the data flows between concerned residents and itself. The regulator will understand why information goes to ombudsman A or ombudsman N rather than to the regulator, and that will enable it and its multidisciplinary agencies better to communicate to involved parties what the correct and therefore most expeditious route to data sharing should be. By sharing data, everything can occur more quickly and people can be better informed.
Schedule 3 contains regulation-making powers enabling the creation of limited further information sharing gateways and duties to co-operate. For example, if evidence necessitated a change to the scope of the higher-risk regime, such that it proved essential that the Building Safety Regulator co-operated and shared information with further regulators, it is appropriate that regulations enable this.
Theo Clarke (Stafford) (Con)
I am grateful to the Minister for taking my intervention. Schedule 3 clarifies information-sharing powers on building safety and standards between local authorities and fire and rescue services. Will he provide further information on how personal and confidential data is to be managed appropriately?
Christopher Pincher
We certainly do not want inappropriate data to be shared. As I said earlier, these powers and data-sharing rights relate specifically to the work in hand of the Building Safety Regulator. They do not override ordinary data privacy rules and requirements. We shall certainly—as this House will want to—monitor that that data is used appropriately.
Given the potential significance of new duties to co-operate and of information-sharing gateways, any regulations creating them will be subject to the affirmative procedure. In a Committee of the House—if necessary, on the Floor of the House—therefore, there will be an opportunity to debate and vote on them.
Placing duties to co-operate and powers to share information on a statutory footing will encourage collaborative working to improve building standards and to ensure resident safety. That will all be done as expeditiously and transparently as possible. I commend the clause to the Committee.
Building Safety Bill (Eighth sitting)
Debate between Theo Clarke and Christopher Pincher(3 years, 2 months ago)
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Theo Clarke (Stafford) (Con)
I agree with the Minister that 18 metres or seven storeys is a sensible starting point for the regime. I welcome that it is more ambitious than the 30 metres originally recommended by Dame Judith Hackitt. However, will he explain why he chose such a threshold, rather than a matrix of risks and specific factors?
Christopher Pincher
I am grateful to my hon. Friend for her intervention. I understand why some regard a matrix or a set of matrices to be a better mechanism to employ. The problem with a set of matrices is that they are subjective. It is possible that one assessor could rule that a building is in scope of the regime and another rule it or a similar building out of scope. That would create unnecessary confusion in the regime. It is much more sensible that we have an objective threshold that everyone understands, be they the experts on the gamekeeper’s side of the fence or those on the poacher’s side. Everyone understands what the rules are.
The hon. Members for Weaver Vale and for Brentford and Isleworth, who is no longer in her place, mentioned other potential buildings. I have explained how it is possible, through advice from the Building Safety Regulator, to expand the regime, but I simply reiterate my earlier point that some of those buildings, such as prisons, hotels and hostels, are subject to the Fire Safety Order. They tend to have multiple means of exit and signage appropriate to guests entering and leaving the building. They are governed by a different regime. The Ministry of Defence’s buildings have their own fire safety arrangements and the Crown has its own arrangements under the Building Act. Those provisions have not been introduced and enforced but, as this Bill goes through the House, we will consider whether the Building Act provisions that apply to Crown buildings should be put into force.
We are not blind to the fact that the regime can be refined and improved. As I say, that is one of the reasons why we want to use secondary legislation as a mechanism for delivering the Bill in the most effective way.
Theo Clarke
I welcome the Minister’s saying that there will be provisions to deliver the golden thread, which will be critical in helping to ensure that buildings are safe throughout their life, and I welcome the fact that new paragraphs 1C and 1D will contain requirements on the giving, obtaining and keeping of information and documents. Will this clause also ensure that developers will not be able to switch to cheaper and less safe materials during construction?
Christopher Pincher
I think it will—in fact I am sure it will—because it will require that, in design, construction and refurbishment, information that is needed to demonstrate compliance with specific building regulations is available. It will also require that information garnered through mandatory occurrence reporting, which we discussed in Committee last week, will be available, and there will be a clear legal requirement on duty holders to hand over that information. The power will also be used to require certain information about safety occurrences to be provided to the regulator. I will discuss that a little more in a moment.
New paragraph 1D also creates the power to make regulations to set out the information and documents that must be stored in the golden thread, and to set out standards that the golden thread must be held to. We know there is currently a lack of information about higher-risk buildings, which makes it difficult to design, construct and refurbish them safely. We are also aware that where there is that information, it is often not kept up to date, not accurate or not accessible. We believe that having accurate, up-to-date information is critical to ensuring that buildings are managed safely, and this new paragraph will ensure that the information is recorded and that it is accurate, kept up to date and accessible to those who need it.
Dame Judith’s review recommended that a golden thread be put in place for higher-risk buildings. We agree, and the recommendation is being executed, recognising that it is critical to ensuring that buildings are safe.
New paragraph 1E enables the implementation of a key recommendation of Dame Judith’s independent review: mandatory occurrence reporting, which I mentioned a moment ago, for higher-risk buildings going through the design and construction phases. Mandatory occurrence reporting is intended to provide a route by which valuable building safety intelligence and trends will reach the Building Safety Regulator and be shared with industry.
The effect of that proposed new paragraph is to enable regulations to be drawn up that require duty holders in design and construction to establish a mandatory occurrence reporting framework to facilitate the reporting of occurrences on site so that the duty holders, who have an obligation to report them to the regulator, become aware of occurrences in good time. Mandatory occurrence reporting will aid in driving intelligence-led enforcement on the part of the Building Safety Regulator, promoting safety-conscious culture change and improving safety standards and best practice across the built environment.
Proposed new paragraph 1F enables building regulations to prescribe the form and content of documents or information that must be given as part of a building control application. Those documents will be a key part of the new building control routes for higher-risk buildings. Proposed documents include a design-and-build approach document, a fire-and-emergency file and a construction control plan. The documents must demonstrate compliance with building regulation requirements and be realistic for the building in use—I made that point to my hon. Friend the Member for Bassetlaw. That will ensure the consistency and quality of building control applications for higher-risk buildings.
The proposed new paragraph also allows for building regulations to set out how documents and information must be given. For example, it may be necessary to submit documents to the Building Safety Regulator via an online portal. It will also enable certain building applications to be refused if a document is not provided to the building control authority on request.
In order to check compliance, building control authorities must be able to inspect and test work, equipment, services and fittings, and to take samples. New paragraph 1G provides powers for building regulations to make provision for that. Building regulations will also be able to prohibit work from being covered for a period to allow the building control authority to inspect the work and to provide for the building control authority to cut into or lay open the work. Related amendments are also being made to section 33 of the Building Act to enable a building control authority to require a person carrying out the work to carry out tests of the work.
New paragraph 1A, which we discussed earlier, will allow building regulations to set prescribed timetables according to which building control authorities will need to determine applications—for example, gateway 2 applications, change control applications, and gateway 3 applications. That will help prevent unnecessary delays.
New paragraph 1H will allow building control authorities to extend that timetable where necessary, with agreement from the applicant—for example, if a development in hand is particularly complex. That will provide greater flexibility than under the current regime.
New paragraph 1I enables the drafting of regulations to allow persons affected by decisions made under the Building Act, or building regulations, to appeal against them. The Government supports the recommendation of Dame Judith’s independent review that the regulator must be “fair and transparent”. Where developers want to challenge a decision by a building control authority, it is right that they can do so. This clause makes provision to create routes of appeal to the regulator and the tribunal in England, and to Welsh Ministers or a magistrates court in Wales, whichever is appropriate. It also makes provision to set up procedural and administrative arrangements.
Building Safety Bill (Seventh sitting)
Debate between Theo Clarke and Christopher Pincher(3 years, 2 months ago)
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Christopher Pincher
My hon. Friend is absolutely right. Underlying our approach is the need to ensure an efficient and expeditious method of information sharing, whereby resolution is achieved.
It is also possible that, with effective information sharing, it will be possible over time for the Building Safety Regulator to understand the data flows between concerned residents and itself. The regulator will understand why information goes to ombudsman A or ombudsman N rather than to the regulator, and that will enable it and its multidisciplinary agencies better to communicate to involved parties what the correct and therefore most expeditious route to data sharing should be. By sharing data, everything can occur more quickly and people can be better informed.
Schedule 3 contains regulation-making powers enabling the creation of limited further information sharing gateways and duties to co-operate. For example, if evidence necessitated a change to the scope of the higher-risk regime, such that it proved essential that the Building Safety Regulator co-operated and shared information with further regulators, it is appropriate that regulations enable this.
Theo Clarke (Stafford) (Con)
I am grateful to the Minister for taking my intervention. Schedule 3 clarifies information-sharing powers on building safety and standards between local authorities and fire and rescue services. Will he provide further information on how personal and confidential data is to be managed appropriately?
Christopher Pincher
We certainly do not want inappropriate data to be shared. As I said earlier, these powers and data-sharing rights relate specifically to the work in hand of the Building Safety Regulator. They do not override ordinary data privacy rules and requirements. We shall certainly—as this House will want to—monitor that that data is used appropriately.
Given the potential significance of new duties to co-operate and of information-sharing gateways, any regulations creating them will be subject to the affirmative procedure. In a Committee of the House—if necessary, on the Floor of the House—therefore, there will be an opportunity to debate and vote on them.
Placing duties to co-operate and powers to share information on a statutory footing will encourage collaborative working to improve building standards and to ensure resident safety. That will all be done as expeditiously and transparently as possible. I commend the clause to the Committee.
Building Safety Bill (Sixth sitting)
Debate between Theo Clarke and Christopher Pincher(3 years, 2 months ago)
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The Minister for Housing (Christopher Pincher)
Welcome to the Chair, Mr Davies; it is a great pleasure, as always, to serve under your chairmanship.
After that brief hiatus, I am pleased to return to consideration of the Opposition’s amendment 11. I am grateful to the hon. Member for Weaver Vale and his colleagues for raising the important issue of climate change and the role of the new Building Safety Regulator. Because of the issues that we have with the amendment, I am afraid that the Government will not be able to accept it, but I appreciate the opportunity that it affords us to set out the regulator’s new role in this area and the wider action that the Government are taking. I will focus on three areas of concern: the existing powers that the regulator will be able to utilise; the levers available elsewhere in Government; and the confusion that the amendment would, I am sure unintentionally, cause.
I can assure the Committee that the objectives of the Building Safety Regulator and its functions already give the regulator the remit it needs to focus on ensuring that our building regulatory regime takes the appropriate steps to mitigate the effects of climate change. The existing statutory objective around securing safety would cover safety issues resulting from climate change, including risks of overheating. I also draw the Committee’s attention to the regulator’s objective to improve the standard of buildings. Standards are defined broadly by clause 29, which we shall come to in due course.
Standards will include all the matters that can be dealt with by the building regulations. Section 1 to the Building Act 1984 ensures that building regulations can cover sustainable development, the protection or enhancement of the environment, and furthering the conservation of fuel and power. Paragraph 8(5A) of schedule 1 to the Building Act also allows for building regulations to cover flood resistance and flood resilience.
The Building Safety Regulator will be under a duty, under clause 5, to keep the safety and standards of buildings under review, including safety issues relating to the building, such as overheating or flooding. The regulator will be able to recommend to Ministers or to industry changes needed to buildings and building standards to mitigate those issues. Therefore, the regulator will already have an important remit to provide independent advice to Ministers and industry on ensuring that building standards are appropriate and mitigate the effects of climate change.
It is also important that the role of the Building Safety Regulator is seen alongside action that the Government are already taking to ensure that building standards are improved to tackle the challenge of climate change and ensure that homes are built more energy-efficiently and in a way that is better for our environment, as my hon. Friends the Members for Stroud and for West Bromwich West alluded to. The Government’s new future homes standard will mean that from 2025 homes built to that standard will produce at least 75% fewer CO2 emissions compared with those built to current standards. To pave the way to 2025, we are making changes now to part L of the approved documents to ensure that new buildings, both domestic and non-domestic, produce meaningfully fewer CO2 emissions.
Theo Clarke (Stafford) (Con)
Does my right hon. Friend agree that clause 5 already deals with the issues set out in the amendment and that it is better to allow the Building Safety Regulator to lead on this work on building safety?
Christopher Pincher
My hon. Friend makes a valid point, which I will come to later in my remarks. We want to ensure that the Building Safety Regulator has a clear remit and that its responsibilities are not confused or occluded by too much unnecessary verbiage.
The future homes standard will mean that homes in this country are fit for the future, better for the environment and affordable for consumers to heat, with low-carbon heating and very high fabric standards. We will be introducing a future building standard that will ensure that buildings that we use every day—cafés, shops, cinemas—will also be better built to ensure that they are more energy-efficient and produce fewer CO2 emissions.