Question to the Department for Levelling Up, Housing & Communities:
To ask His Majesty's Government what is the impact of defining 'defect' in the Developer Remediation Contract, published on 17 February, differently from 'relevant defect', in the Building Safety Act 2022; and what effect this will have on ensuring buildings are adequately remediated.
The definition of 'Defect' in the developer remediation contract and the definition of 'Relevant Defect' in the Building Safety Act were drafted for different purposes.
The definition of 'Relevant Defect' in the Building Safety Act 2022 is used in relation to a wider range of actors, defect types and circumstances.
The definition of 'Defect' in the developer remediation contract was drafted to match the wording of a public pledge signed by 49 developers. Under the developer pledge and the contract which codifies the pledge commitments, developers commit to addressing life-critical fire safety defects arising from the original design, construction or refurbishment of the building, and to do so in line with relevant standards.