Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Housing, Communities and Local Government, if she will make an assessment of the potential merits of making the guidance entitled Code of Practice for the remediation of residential buildings, published on 27 July 2023, mandatory, in the context of the major fire incident in Dagenham on 26 August 2024.

Residents must be at the heart of our work to remediate buildings, and their safety is the number one priority. Each remediation route has its own mechanisms to monitor and drive compliance with the Code of Practice for the remediation of residential buildings (the Code), but we expect all remediation projects to follow it, regardless of whether these are government funded, led by developers, or delivered by social housing providers.

The Code places outcome-focussed requirements on remediation projects and references relevant documentation, including legislation and guidance to support projects meeting those outcomes. It recognises the risks posed by remediation projects and that those responsible for the project must ensure that the residents remain safe, rather than providing detailed technical advice on delivering a remediation project.

Where it is necessary for residents to leave their homes, the Code is clear, that the disruption to their lives is minimised, and that they are appropriately engaged and informed where a ‘decant’ will be required. We will consider further whether the Code should reference relevant documentation on decants, including decisions made by building owners acting within lease agreements and relevant authorities under Fire Safety Order 2005 and Housing Act 2004.

Under the Fire Safety Order 2005, Responsible Persons must assess and manage fire risks in their building, including during remediation works. Responsible Persons must take appropriate mitigating action where necessary. This should include considering the materials used during the remediation process. It is vitally important that all Responsible Persons are aware of this duty.

In addition, under health and safety legislation the contribution of combustible materials to fire spread and fire loading must be assessed by a competent person for each construction project where there is serious risk of injury, should a fire occur. Technical advice on this is available from HSG 168 Fire Safety in Construction (HSG168) produced by the Health & Safety Executive.