Unsafe Cladding: Protecting Tenants and Leaseholders

Debate between Tom Hunt and Christopher Pincher

Monday 1st February 2021 Commons Chamber

[Christopher Pincher]

I will make some progress; I shall give way to the hon. Gentleman later on.

I welcome the opportunity to speak in this debate and to outline the decisive action that we are undertaking to remove unsafe cladding, to strengthen the regulations and to support leaseholders. We established our building safety programme within days of the Grenfell Tower tragedy. Its aim has always been to ensure that residents in high-rise blocks of flats are safe now and in the future. We have worked intensively and extensively to ensure that buildings with dangerous cladding are made safe as quickly as possible and, backed by £600 million of Government funding, real strides have been made in removing this unsafe aluminium composite material—ACM—cladding. Last year, despite the pressures of covid-19, more high rises with ACM cladding were made safe—either their works were begun or they were made safe—than in any previous year, which is nearly double the number in the previous year, 2019. Last month, we reached a major milestone. All high-rise social sector buildings have either had their unsafe ACM cladding replaced or seen the work get under way.

[Tom Hunt (Ipswich) (Con)]

My constituents in Ipswich are very pleased that they will be eligible for the waking watch relief fund, but it is only £30 million and many are concerned that it simply will not go far enough in addressing all buildings that need a new fire alarm system. What would the Minister say in response to their concerns?

[Christopher Pincher]

I am obliged to my hon. Friend, who I know is a doughty campaigner for his constituents in Ipswich. I shall be addressing the issue of the waking watch and the support measures that we are putting in place as I move through my remarks.

I should also say that around 95% of all high-rise ACM buildings identified before the beginning of last year, across both the public and private sectors, are either fully remediated or have seen work commence on site. Indeed, all the buildings with unsafe ACM cladding in the constituency of the hon. Member for Bristol West (Thangam Debbonaire) constituency have at least seen works start, if they are not already fully completed. These figures bear testament to the progress that we have made, the pressure that we have successfully exerted and the action that we have taken over the last three and a half years to get this job done. Where funding alone has not been enough to increase the pace of remediation, the Government have not hesitated to direct expert support to projects. Where building owners have still failed to take action despite that support, we have backed robust enforcement measures, spurring them to act without delay. Indeed, there have been 57 enforcement actions so far, 19 of which have been supported by the Government’s joint inspection team.

Leaseholders and Cladding

Debate between Tom Hunt and Christopher Pincher

Tuesday 24th November 2020 Commons Chamber

[Christopher Pincher]

The hon. Gentleman asks about an amendment that is being sent down to us from the other place. We will, of course, examine very closely the wording of that amendment, but my understanding is that it is a defective one, notwithstanding the issues that he raises and the concerns that he properly posits about leaseholders footing the bill. I hope that I have been clear to the House about my view on that. My understanding of the particular amendment is that it would be retrospective, which raises all sorts of legal challenges. It would also mean that building owners would be responsible for the normal wear and tear of buildings, which I am sure the whole House will accept would not be appropriate. We will look closely at the amendment, but I do not think that I can say at this stage that we can support it.

[Tom Hunt (Ipswich) (Con)]

I spoke about this issue soon after being elected. It affected one tower in my constituency. Since then, the problem has ballooned, and every week more of my constituents seem to be dragged into this. I agree that responsibility should ultimately lie with the freeholder, but the reality is that while the Government have that dispute with freeholders, it is the leaseholders in the middle who have this uncertainty hanging over them. Just last week, residents at Cardinal Lofts on Ipswich waterfront were all notified by quite a distant building manager that they had to pay £300 a month for a waking watch, at a time of uncertainty about employment for many of them because of the pandemic. That is completely wrong. I am glad that some support has been provided by the Government, but we need far more certainty far sooner. Will the Minister meet me and colleagues to talk in detail about the timeline for providing that certainty?

[Christopher Pincher]

My hon. Friend has raised this particular issue with me before, and I know that he has campaigned hard and long on it since his election just 11 months ago. I am happy to meet him to discuss that. The issue of waking watch has been raised by other Members. As I said, we want to ensure that leaseholders are aware of waking watch costs and the opportunities to mitigate them. It is the reason why we want developers to get on and remediate, and it is also why we have put £1.6 billion of taxpayers’ money aside to ensure that we can remediate those buildings where owners cannot, so that the waking watch issue becomes moot.

Flammable Cladding Removal

Debate between Tom Hunt and Christopher Pincher

Tuesday 14th July 2020 Commons Chamber

[The Minister for Housing (Christopher Pincher)]

I am grateful to the hon. Member for Bethnal Green and Bow (Rushanara Ali) for securing the Adjournment debate and bringing this important subject to the House today. She secured a similar debate in April last year. I know it is a matter of considerable importance in her constituency, and I pay tribute to her on the record for the work she is doing on behalf of her constituents. I also thank all hon. Members who have taken the time to intervene on behalf of their constituents about the challenges of remediating high-rise residential buildings with unsafe cladding systems, particularly in the light of covid-19.

We established our building safety programme within days of the Grenfell Tower fire. Its aim remains to ensure that residents of high-rise buildings are safe, now and in the future. Our aim has been clear from the outset: unsafe ACM cladding of the type found on Grenfell Tower and other dangerous cladding must be removed from high-rise residential buildings. It is therefore our priority to ensure that unsafe ACM cladding is removed and replaced swiftly, at no cost to leaseholders.

While many responsible building owners have taken action, some—as the hon. Lady says—have not. Too many building owners and managing agents in the private sector have been too slow in getting remediation work started.

[Tom Hunt]

A legal dispute is going on between the freeholder of St Francis Tower in Ipswich and the contractor that put the unsafe cladding on the building. Surely that is an admission from both parties that one of them is to blame, not the leaseholder, yet the leaseholder is in the middle and is getting harassed to pay fees that it should not have to pay.

[Christopher Pincher]

I am obliged to my hon. Friend for that intervention. I will not dwell on any particular tower block or issue, but let me simply say that our intention is to make sure that leaseholders should not have to foot the bill; building owners and building managers and their agents should be looking after their buildings. That is why the Government have intervened with funding and specialist support, and we will not tolerate any further delays. Where building owners are failing to make acceptable progress, those responsible should expect local authorities and fire and rescue services to take tougher enforcement action.

By the end of May, of the 455 identified high-rise buildings with ACM cladding, 209 had either completed remediation or had their ACM cladding systems removed, while a further 86 had started remediation but not yet had ACM cladding removed. However, although there has been progress, there is much more to be done. We are under no illusion about that. For the removal of unsafe ACM cladding, we are aiming for all building owners to have works on site by the end of 2020, with completion of remedial works by the end of 2021. It is a challenge, but one that we are determined to meet.

Even with public funding available, the pace has been much too slow. We recognise that remediation is a complex undertaking and that every building is different; we also understand that building owners do not always have the requisite expertise or experience to advance the work. We have therefore recently appointed Faithful+Gould as specialist construction consultants to help responsible entities to increase capacity and capability and to support them directly through the remediation process. F+G is currently working with those buildings identified as most at risk of missing the end-of-year date. It is examining project plans and seeking ways to reduce timescales to mobilise projects.

Overall, the Government have set aside £1.6 billion in funding for the remediation of ACM and other types of unsafe cladding from high-rise residential buildings in the private and social housing sectors. We made that money available to support the remediation of unsafe cladding, and a large proportion of that support will protect leaseholders from costs. We recognise that there are wider remediation costs that will need to be met to ensure the safety of existing blocks of flats, but the public funding does not absolve the industry from taking responsibility for any failures that led to unsafe cladding materials being put on those buildings in the first place. We expect developers, investors and building owners who have the means to pay to take responsibility and cover the cost of remediation themselves, without passing on costs to leaseholders.

The Government have committed £600 million to remediate buildings in the public, social and private sectors and speed up the pace of remediation of ACM cladding. In the private sector, although some developers said that they would meet the costs, it became clear that a significant number of building owners could not or would not do so, and therefore funding needed to be made available to enable progress. That is why in May 2019 we announced that £200 million of funding would be available for ACM remediation in private sector buildings, and the fund was opened for applications in September that year. As of May 2020, the Department expects to pay for 94 projects in the private sector where the developer or building owner has not agreed to fund remediation work themselves. The owners of 84 private sector residential buildings have committed to funding the remediation works themselves, with a further 23 self- funded through accepted warranty claims. We are working with a handful of other buildings where a funding route has yet to be agreed. The availability of funding and a direct package of support for building owners means that there can be no excuses for further delays. For those who fail to make acceptable progress, tougher sanctions are coming, first through our Fire Safety Bill, currently before Parliament, and subsequently when our new building safety regime comes into place.

We have always acknowledged that there are materials other than ACM cladding that are of concern. We have been providing advice on their removal to building owners since 2017. The highest priority has been the removal of the type of ACM used on Grenfell Tower because it poses the most severe safety risk, but there are other unsafe cladding materials that must also be removed. That is why in March this year we announced an additional £1 billion of funding for the remediation of unsafe non-ACM cladding in the social and private residential sectors. We expect this funding to be fully committed by the end of March 2021. The new building safety fund will cover high-rise buildings with unsafe non-ACM cladding, such as some types of high-pressure laminate.

The issue of waking watch was raised by the hon. Member for Bethnal Green and Bow and by other hon. and right hon. Members. I know that leaseholders have concerns about costs of interim measures—costs that have been heightened due to the covid-19 emergency. These interim measures include waking watches. Waking watch is meant to be a short-term tool: it is no substitute for remediation. But the only way to remove the need for interim measures is to remove unsafe cladding as quickly as possible. That is why we are prioritising £1.6 billion of public subsidy on remediation of unsafe cladding. That said, my noble Friend Lord Greenhalgh, the Minister with responsibility for building safety, is investigating what we can do to reduce the cost of waking watch. This includes publishing data on the costs of waking watch to ensure greater transparency on costs. Moreover, the National Fire Chiefs Council is updating its guidance. We have asked the fire protection boards to advise fire and rescue services on how best to operationalise the revised guidance, including looking to measures such as installing building-wide fire alarm systems.