Question to the Department for Levelling Up, Housing & Communities:

To ask the Secretary of State for Levelling Up, Housing and Communities, what assessment he has made of the potential merits of extending rights to access (a) Remediation Contribution Orders through the First-tier Tribunal and (b) other lower-cost legal action to buildings under 11 metres where leaseholders need to pursue legal action to recover cladding remediation costs.

Answered by Lee Rowley - Minister of State (Minister for Housing)

It is generally accepted that the life safety risk is proportional to the height of buildings.   The risk to life from historical fire safety defects is lower in buildings under 11m, therefore building safety related remediation works are required in a very small number of buildings under 11m.

In rare cases where remediation work is required in buildings under 11 metres, the government has retrospectively extended the limitation period under Section 1 of the Defective Premises Act 1972 enabling legal action against developers and contractors where works completed in the last 30 years made a dwelling not “fit for habitation”.

We would welcome examples of any specific cases under 11m where there are concerns to be raised with the Department for further review.

Question to the Department for Levelling Up, Housing & Communities:

To ask the Secretary of State for Levelling Up, Housing and Communities, what steps he is taking to support residents of buildings with unsafe cladding.

Answered by Lee Rowley - Minister of State (Minister for Housing)

All residential buildings above 11 metres in England now have a pathway to fix unsafe cladding, through either a taxpayer-funded scheme or developer-funded scheme; the Government has committed £5.1 billion to remove unsafe cladding from buildings. Five remediation schemes are underway:

• the ACM Cladding Remediation fund: open since 2018 and covers buildings with the most dangerous type of cladding like that on Grenfell;
• the Building Safety Fund: first opened in 2020 for buildings over 18 metres with other forms of unsafe cladding;
• the Cladding Safety Scheme: which was fully opened in July 2023 for buildings between 11 and 18 metres and is also open to new applications for 18m+ buildings outside of London;
• developers have now assumed direct responsibility for remediating all life-critical fire safety defects in more than 1,000 buildings, and;
• social housing providers are working to remediate buildings in their portfolios that require remediation.

Residents must be at the heart of building safety. This includes the significant and disruptive works required to remediate buildings, with those responsible for the project and works considering residents as a key stakeholder throughout. To that end on 27 July 2023, we published the Code of Practice for the Remediation of Residential Buildings which sets our expectations for all remediation projects. The Code places residents at the heart of remediations projects as the key stakeholder and sets the standard for how we expect all remediation projects to account and deliver for residents.

As of 31 December 2023, 950 buildings residential buildings over 18 metres in height in England have been deemed eligible for the Building Safety Fund due to the presence of unsafe non-ACM cladding. Of these, 486 (51%) have started or completed remediation and of those 231 (24%) have completed works.

The then Minister for Housing last met with the FCA on 11 October 2023 and the Secretary of State met the Association of British Insurers on 13 December 2023. We continue to press the insurance industry to launch their scheme, which leaseholders need urgently. The Association of British Insurers released a public update on the scheme on their blog on 19 December 2023.

In the last 6 months, both the Secretary of State and I have met with the FCA (on 11 October 2023) and the Association of British Insurers (on 18 August 2023, 27 November 2023 and 12 December 2023). The Secretary of State met the Association of British Insurers on 13 December 2023. We continue to press the insurance industry to launch their scheme, which leaseholders need urgently.

Question to the Department for Levelling Up, Housing & Communities:

To ask His Majesty's Government what plans they have to incorporate references to (1) solar gain and (2) solar shading, in their guidance on the retrofitting of older homes in order to mitigate the effects of overheating.

Answered by Baroness Penn - Minister on Leave (Parliamentary Under Secretary of State)

Part O of the Building Regulations was introduced in 2021 to reduce the risk of overheating in new residential buildings . Part O came into effect in June 2022. This means that new residential buildings must now be designed in such a way as to reduce overheating. This requirement is met by designing and constructing the building to limit unwanted solar gains in summer (including through shading) and by providing an adequate means of removing excess heat.

In existing residential buildings, insulation measures can help reduce risks of overheating, if correctly installed and with adequate ventilation. This is why all energy efficiency measures installed under current government funded schemes require installers to be Trustmark registered and measures must also be installed in accordance with the Publicly Available Specification (PAS) 2030 and PAS 2035 standards, protecting the consumer against poor workmanship. PAS 2035/2030 requires a whole house approach to home retrofit projects and ensures that the risks of unintended consequences, such as mould and condensation due to poor ventilation, are minimised.

We are also considering the issues surrounding overheating in homes created through a material change of use (i.e. homes created by converting another building type, such as an office block) and whether changes to the Building Regulations are appropriate. We intend to consult on our approach to overheating in these homes as part of our consultation on the Future Homes Standard.

Details of further work to determine risk and guide interventions related to overheating, including in existing homes, is set out in the Third National Adaptation Programme (NAP3) report, published in July 2023.

Question to the Department for Levelling Up, Housing & Communities:

To ask His Majesty's Government what plans they have to incorporate references to (1) solar gain and (2) solar shading, in the design requirements for new-build homes in order to mitigate the effects of overheating.

Answered by Baroness Penn - Minister on Leave (Parliamentary Under Secretary of State)

Part O of the Building Regulations was introduced in 2021 to reduce the risk of overheating in new residential buildings . Part O came into effect in June 2022. This means that new residential buildings must now be designed in such a way as to reduce overheating. This requirement is met by designing and constructing the building to limit unwanted solar gains in summer (including through shading) and by providing an adequate means of removing excess heat.

In existing residential buildings, insulation measures can help reduce risks of overheating, if correctly installed and with adequate ventilation. This is why all energy efficiency measures installed under current government funded schemes require installers to be Trustmark registered and measures must also be installed in accordance with the Publicly Available Specification (PAS) 2030 and PAS 2035 standards, protecting the consumer against poor workmanship. PAS 2035/2030 requires a whole house approach to home retrofit projects and ensures that the risks of unintended consequences, such as mould and condensation due to poor ventilation, are minimised.

We are also considering the issues surrounding overheating in homes created through a material change of use (i.e. homes created by converting another building type, such as an office block) and whether changes to the Building Regulations are appropriate. We intend to consult on our approach to overheating in these homes as part of our consultation on the Future Homes Standard.

Details of further work to determine risk and guide interventions related to overheating, including in existing homes, is set out in the Third National Adaptation Programme (NAP3) report, published in July 2023.

Question to the Department for Levelling Up, Housing & Communities:

To ask the Secretary of State for Levelling Up, Housing and Communities, whether he is taking steps to enable leaseholders in properties where there are substantive non-cladding fire safety risks and no recourse to the Building Safety Fund to challenge freeholders who fail to provide evidence of costs.

Answered by Lee Rowley - Minister of State (Minister for Housing)

Guidance relating to leaseholder protections, including further information on landlord certificates and leaseholder deed of certificates, can be found here

Where leaseholders consider the landlord is breaching the terms of the lease or is in breach of the Building Safety Act 2022, they can take legal action against them. Legal action may include an application to the First-tier Tribunal. They can also apply to the Tribunal for an order requiring the landlord to remediate the building. Advice on such steps is available free of charge from bodies such as the Leasehold Advisory Service or Citizens Advice.

Question to the Department for Levelling Up, Housing & Communities:

To ask the Secretary of State for Levelling Up, Housing and Communities, what steps his Department is taking to support leaseholders with the costs of cladding removal.

Answered by Lee Rowley - Minister of State (Minister for Housing)

The Government has provided multiple avenues of funding to address dangerous cladding in all eligible residential buildings above 11m in England.

Where developers have signed the developer remediation contract, they will remove dangerous cladding themselves, or reimburse the Government where government funds have already been used to do so. For other buildings, the Cladding Safety Scheme will ensure that cladding is removed where necessary at no cost to leaseholders.

Question to the Department for Levelling Up, Housing & Communities:

To ask the Secretary of State for Levelling Up, Housing and Communities, how many and what proportion of (a) private and (b) public sector orphan buildings have EWS1 forms in (a) Portsmouth and (b) England.

Answered by Lee Rowley - Minister of State (Minister for Housing)

I refer the Hon. Member to my answer to Question UIN 138434 on 8 February 2023.

Question to the Department for Levelling Up, Housing & Communities:

To ask the Secretary of State for Levelling Up, Housing and Communities, whether his Department has (a) identified and (b) taken action in cases of freeholders preventing cladding remediation; and if he will make a statement.

Answered by Lee Rowley - Minister of State (Minister for Housing)

Building owners have a legal responsibility to make sure their buildings are safe. While many freeholders are acting responsibly, a minority are failing to progress remediation.

The department is aware of freeholders who are stalling on remediation work through intelligence gathered from engagement with regulatory bodies, and updates from our delivery partners who monitor buildings' progress through the government's remediation funds (e.g., building safety fund and cladding safety scheme). This intelligence is also used by the department to identify, monitor and contact owners of high-rise buildings that have not registered for remediation schemes but may have unsafe cladding systems. Where Freeholders fail to engage, the department works with local regulators to compel them to take action.

Regulators (local authorities and fire and rescue services) have statutory duties and a range of powers to compel responsible entities to enter the funds and undertake the necessary remediation works. These powers range from soft levers to enforcement powers under the Housing Act 2004 and Fire Safety Order 2005. The department also holds account management meetings reviewing the largest and/or most problematic freeholders to track progress and resolve blockers.

In addition to the above Local Regulator powers, the Building Safety Act 2022 introduced new enforcement powers, remediation orders (ROs) and remediation contribution orders (RCOs), that allow regulators, the Secretary of State and leaseholders to apply to the First-tier Tribunal for an order requiring a building owner to fix, and pay to fix, their unsafe building within a specified time.

Question to the Department for Levelling Up, Housing & Communities:

To ask the Secretary of State for Levelling Up, Housing and Communities, whether his Department has made an assessment of the potential merits of launching a pilot building safety remediation scheme for buildings under 11 metres in height.

Answered by Lee Rowley - Minister of State (Minister for Housing)

The Government has implemented a risk-based and proportionate approach to regulating safety in residential buildings and in remediating cladding and other building safety defects. In general, the risk to life in lower-rise buildings is low and can be mitigated, for example, by installing fire alarms.

We are aware of a very small number of buildings under 11 metres where expensive remediation is proposed. We have written to freeholders and managing agents in affected buildings to make sure that any proposed works are necessary and proportionate and the rights to redress are being fully utilised.

Any leaseholders concerned about works being proposed in their building can seek free information and advice from The Leasehold Advisory Service, funded by the department.

Question to the Department for Levelling Up, Housing & Communities:

To ask the Secretary of State for Levelling Up, Housing and Communities, what steps his Department is taking to ensure that developers under self-remediation contracts (a) start and (b) complete (i) cladding and (ii) non-cladding remediation projects in a timely manner.

Answered by Lee Rowley - Minister of State (Minister for Housing)

Developers who have signed the developer remediation contract are obliged to identify, assess and remediate and/or mitigate buildings as soon as reasonably practicable, and to report to the department on progress quarterly. The department is closely monitoring progress and holding regular discussions with developers to enforce compliance with their contractual obligations. We will not hesitate to act if developers fail to comply with their obligations and will soon publish data about the progress they are making.

The Government launched a statutory Responsible Actors Scheme in July, which means that developers face significant prohibitions if they fail to comply with their contractual obligations.

Question to the Department for Levelling Up, Housing & Communities:

To ask the Secretary of State for Levelling Up, Housing and Communities, whether he is taking steps to help leaseholders who cannot sell their homes due to managing agents not providing deeds of certificate for cladding.

Answered by Lee Rowley - Minister of State (Minister for Housing)

The lack of a landlord's certificate, should not, in most cases, be a barrier to the sale of a property over 11 metres. If a landlord does not provide a valid landlord's certificate within 4 weeks of a leaseholder requesting a certificate (if necessary, via the managing agent), they will be unable legally to pass costs for remediation onto qualifying leaseholders.

A leaseholder can evidence they qualify to receive the protections from remediation costs in the Building Safety Act by completing a leaseholder deed of certificate. This certificate should be sufficient evidence for a lender to consider a mortgage application for a building with building safety issues; major mortgage lenders (covering 70% of the UK mortgage market) have committed to this in a joint statement.

Question to the Department for Levelling Up, Housing & Communities:

To ask the Secretary of State for Levelling Up, Housing and Communities, whether he plans to offer financial assistance to businesses that may have lost trade because their building is covered in scaffolding in order to repair unsafe cladding.

Answered by Lee Rowley - Minister of State (Minister for Housing)

Government building safety schemes provide funding for the remediation or mitigation of life safety fire risks associated with externally clad walls, ensuring the safety of all occupants, including co-located businesses. While there is no additional funding for businesses affected by necessary remediation works, we do expect companies in these buildings to be consulted about proposed repairs. We also require construction companies funded to carry out this work to comply with the Considerate Constructors Scheme, through which they work to manage the impact on the local community and the environment.

Question to the Department for Levelling Up, Housing & Communities:

To ask His Majesty's Government when they expect cladding manufacturers to make an appropriate contribution to fix cladding issues identified following the Grenfell Tower fire in 2017.

Answered by Baroness Scott of Bybrook - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)

I refer the noble Lord to my answer to question HL 5795 on 8 March 2023. The Government expects developers to do the right thing irrespective of where they are based.

To date, 49 developers have signed a developer remediation contract with the Government, committing to remediate or pay to remediate buildings that they developed or refurbished. Several of those signatories are foreign-owned.

On 3 July 2023, we made regulations to establish a Responsible Actors Scheme. Members of the Scheme will be required to enter into and comply with the developer remediation contract. Any eligible developer who does not do so will be prohibited from carrying out major development and from securing building control approval. Any overseas-based developer that meets the criteria will be eligible for the Scheme. Similarly, the Government's Building Safety Levy will apply to in-scope developments by all developers, irrespective of where the developer is based.

Question to the Department for Levelling Up, Housing & Communities:

To ask His Majesty's Government what steps they are taking to persuade foreign developers to contribute to fix cladding issues identified following the Grenfell Tower fire in 2017.

Answered by Baroness Scott of Bybrook - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)

I refer the noble Lord to my answer to question HL 5795 on 8 March 2023. The Government expects developers to do the right thing irrespective of where they are based.

To date, 49 developers have signed a developer remediation contract with the Government, committing to remediate or pay to remediate buildings that they developed or refurbished. Several of those signatories are foreign-owned.

On 3 July 2023, we made regulations to establish a Responsible Actors Scheme. Members of the Scheme will be required to enter into and comply with the developer remediation contract. Any eligible developer who does not do so will be prohibited from carrying out major development and from securing building control approval. Any overseas-based developer that meets the criteria will be eligible for the Scheme. Similarly, the Government's Building Safety Levy will apply to in-scope developments by all developers, irrespective of where the developer is based.

Question to the Department for Levelling Up, Housing & Communities:

To ask the Secretary of State for Levelling Up, Housing and Communities, what data the Government held on the remediation of buildings that have non-ACM cladding safety faults as of 21 June 2023.

Answered by Lee Rowley - Minister of State (Minister for Housing)

Information on the remediation progress of high-rise residential buildings with unsafe non-ACM cladding systems progressing through the Building Safety Fund can be found here.

Information on the remediation progress of buildings that are covered by the developer remediation contract and which have life-critical fire safety defects (including unsafe non-ACM cladding systems) and on the progress of buildings in the Cladding Safety Scheme is being collated and will be published in due course.

Question to the Department for Levelling Up, Housing & Communities:

To ask the Secretary of State for Levelling Up, Housing and Communities, with reference to Government grants statistics 2020 to 2021, published 31 March 2022, what assessment his Department has made of the effectiveness of the Private Sector ACM Cladding Remediation Fund.

Answered by Lee Rowley - Minister of State (Minister for Housing)

I refer the Hon Member to my answer to Question UIN 188581 on 14 June 2023.