PARLIAMENTARY DEBATE
Building Safety - 10 February 2021 (Commons/Commons Chamber)
Debate Detail
That is why today I am announcing an unprecedented intervention—a clear plan to remove unsafe cladding, to provide certainty to leaseholders, to make the industry pay for its faults of the past, to create a world-class building safety regime and to inject confidence and certainty back into this part of the housing market. First, we will finish the job we have started on remediating unsafe cladding. After the tragedy of Grenfell Tower, the expert advice that this Government received identified aluminium composite cladding, or ACM—the material on the tower—as by far the most unsafe form of cladding. It should never have been used, and our independent expert advisory panel recommended that it should be the focus of our remediation work.
Thanks to a considerable effort, including during the pandemic, almost 95% of all high-rise buildings with unsafe ACM cladding identified by the beginning of last year have been remediated, or workers are on site now doing the job. That rises to 100% in social housing. Guided by expert advice, the work to remove other types of cladding that are also unsafe—albeit less so than ACM—where they pose a genuine risk to life is also under way.
It has always been our expectation—our demand—that building owners and developers should step up to meet the cost of this work. Where they have not, or where they no longer exist, the Government have stepped in, providing £1.6 billion to remediate unsafe cladding. However, it is clear that without further Government intervention many building owners will simply seek to pass these potentially very significant costs on to leaseholders, as this is often the legal position in the leases that they signed. That would risk punishing those who have worked hard and bought their own home, but who have, through no fault of their own, found themselves caught in an invidious situation. Importantly, it would also risk slowing down the critical works to make these homes safer.
I am therefore making an exceptional intervention today on behalf of the Government and providing certainty that leaseholders in high-rise residential buildings will face no cost for cladding remediation works. We will make further funding available to pay for the removal and replacement of unsafe cladding for all leaseholders in high-rise residential buildings of 18 metres and above, or above six storeys, in England. We continue to take a safety-led approach, and this funding will focus on the higher-rise buildings, where the independent expert advisory panel tells us time and again the overwhelming majority of the safety risk lies, in line with the existing building safety fund and the anticipated scope of the new building safety regulator that we are establishing and will shortly be legislating for. This will ensure that we end the cladding scandal in a way that is fair and generous to leaseholders.
Secondly, for lower and medium-rise blocks of flats, the risks are significantly lower and the remediation of cladding is less likely to be needed; in many cases, it will not be needed at all, but where it is, costs can still be significant for leaseholders. That is why I am announcing today that the Government will develop a long-term scheme to protect leaseholders in this situation with financial support for cladding remediation on buildings of between four and six storeys. Under a long-term low-interest scheme, no leaseholder will ever pay more than £50 a month towards the removal of unsafe cladding, many far less.
Taken together, this means the Government are providing more than £5 billion, including a further £3.5 billion announced today, plus the significant cost of the very generous financing scheme, which will run for many years to come, to ensure that all leaseholders in medium and high-rise blocks face no costs or very low costs if cladding remediation is needed. Where it is needed, costs can still be significant for leaseholders, which is why we want to take these important steps. We want to ensure that the Government develop this long-term scheme, which will protect leaseholders with financial support. Taken together, this means that the Government are helping leaseholders to move forwards with greater certainty and more confidence about the future.
Thirdly, while the problem is not one of leaseholders’ making, it also cannot be right that the costs of addressing these issues fall solely on taxpayers, many of whom are not themselves homeowners and can only dream of getting on the housing ladder. The Government have always expected the industry to contribute towards these costs, and some have done so. Today, I am announcing that we will introduce a gateway 2 developer levy, which will be implemented through the forthcoming Building Safety Bill. The proposed levy will be targeted and will apply only when developers seek permission to develop certain high-rise buildings in England, helping to ensure that the industry takes collective responsibility for historical building safety defects. In introducing the levy, we will continue to ensure that the homes our country needs get built and that our small and medium-sized builders are protected.
In addition, a new tax will be introduced for the UK residential property development sector in 2022. This will raise at least £2 billion over a decade to help to pay for cladding remediation costs. The tax will ensure that the largest property developers make a fair contribution to the remediation programme in relation to the money they make from residential property, reflecting the benefit that they will derive from restoring confidence to the UK housing market. The Government will consult on the policy design in due course.
Fourthly, I know there are many people across the country who are concerned about the safety of their home. In the actions we have taken and those we take today, we have already very clearly prioritised public safety. However, it is also important that we put the risk of a fire, and in particular the risk of a fatal fire, in context—it is low. Last year, the number of people who died in fires in blocks of flats over 11 metres was 10—an all-time low—and fire-related fatalities in dwellings in England have fallen by 29% over the past decade. By way of comparison, more than 1,700 fatalities were reported on our roads in 2019.
Of course, any death is one too many, and the tragedy of Grenfell Tower lingers with us and demands action. That is why it is right that we address safety issues where they exist and are a threat to life, but we must do so proportionately, guided at all times by expert advice. That is the approach that we are taking through the Building Safety Bill, the new building safety regulator, the Fire Safety Bill and the new national regulator for construction products, which I announced in January. I am determined that we will have a world-class building safety regime.
We need everyone to follow this sensible, proportionate approach so that this part of the housing market can move forward and homeowners are not disproportionately impacted. The Royal Institution of Chartered Surveyors has consulted on new guidance for valuers on when an EWS1 form should be required. The Government endorse its work to ensure that assessors have a stronger basis on which to make good, proportionate judgments about valuation risk. Lenders have welcomed the progress on that guidance, which will help to ensure that more than half a million leaseholders in blocks of flats over 11 metres will not need a separate EWS1 assessment to get a mortgage. That builds on the interventions we have already made to create and train many more assessors, and we are doing more so that they can access professional indemnity insurance to get on with the job.
Today, in addition to providing certainty to leaseholders, we are providing confidence to lenders. Following discussions that my right hon. Friend the Chancellor and I have had with lenders, we expect all the major banks and building societies to strongly support today’s intervention, which will provide greater certainty to the market and help to restore the effective lending, purchasing and selling of properties as soon as possible.
Taken together, this exceptional intervention amounts to the largest ever Government investment in building safety. We believe in home ownership, and today we firmly support the hundreds of thousands of homeowners who need our help now. I commend this statement to the House.
The Chancellor said last March that
“all unsafe combustible cladding will be removed from every private and social residential building above 18 metres high.”—[Official Report, 11 March 2020; Vol. 673, c. 291.]
But that has not happened. Buildings have not been able to access the fund, and £9 out of £10 is still sitting where it was. At every stage, the Government under- estimated the problem, and delays caused it to grow. They still do not know how many buildings are unsafe, where they are and what danger they pose. Until we have answers to those basic questions, the Government will continue to make mistakes, offering piecemeal solutions that have to be updated when they do not deliver.
Can the Secretary of State guarantee that the funding will cover all buildings over 18 metres? What will the consequential be for the devolved Administrations, including Wales? We cannot have a repeat of the first come, first served free-for-all, whereby the most dangerous blocks risk being fixed last. Will the Government set up an independent taskforce, as Labour has asked for, to prioritise buildings according to risk, with powers to get the funds out the door and the ability to go after building owners who fail to get on with the work?
Ministers have now promised 17 times that leaseholders will not bear the cost of fixing a problem that they did not cause. Many will be listening to the Housing Secretary’s remarks today, and the Government have betrayed their promise that leaseholders would not pay for the building safety crisis. As I said, three and a half years on from Grenfell, hundreds of thousands of people cannot sleep at night because their homes are unsafe. The Government have today chosen to pile financial misery on them—this is an injustice.
What does the Housing Secretary say to Julie in Runcorn, who lives in a flat with dangerous high-pressure laminate cladding? Her block is under 18 metres, so she is unable to access the funding promised so far. She lives in the same development as buildings that have the exact same cladding but are over 18 metres, so they will be able to access the fund. Why should this arbitrary 18-metre height limit mean the difference between a safe home and financial ruin? What are the terms of the loans? What will the interest rate be? Will leaseholders be required to pay the interest as well as the main cost? The right hon. Gentleman says that leaseholders will not pay more than £50 a month, but does that stay with the current owners when they move, or with the home so the new owner is forced to pay? How long does this run for? Will it go up by inflation each year? What will the Government do if those homes remain unsellable? How will they ensure that freeholders take up the loans? How will the Government speed up remediation, because the current stalemate cannot continue?
Other properties do not have dangerous cladding but people have been charged thousands of pounds per flat to fix other fire safety issues. What does the Housing Secretary say to them? The Government should focus on securing our economy and rebuilding from covid, not saddling homeowners with further debt. When they have further debt, that means less money for our economic recovery, taking money away from local shops. It reinforces regional imbalances, and it makes young first-time buyers and pensioners pay money they cannot afford. The Government should pursue those responsible fully, to prevent leaseholders and taxpayers from carrying the can.
The Government have announced a levy and a tax, which I welcome, because those responsible should bear the cost, but how much do the Government anticipate the levy will raise? Will they pursue others, such as cladding manufacturers, who are also responsible for putting in the dangerous cladding? The Government have missed every target for removing ACM cladding, and 50,000 people are still living in flats wrapped in it—this is the same cladding as was found on Grenfell Tower—and thousands more have other dangerous cladding. Will the Secretary of State commit today to removing all dangerous cladding by 2022?
As the right hon. Gentleman will know, at least one first-time homeowner, Hayley, has already been made bankrupt before she was even asked to pay for remediation, just from the extra costs. She asked the Government to think about her former neighbours, so when will leaseholders start receiving funding to pay for the round-the-clock fire patrols they are being charged hundreds of pounds each month for? What about the skyrocketing insurance? How will the Government get the market moving? Their last announcement fell to pieces, and the housing market in affected homes is grinding to a halt. I have a simple question: what, on average, does he expect the leaseholder to be paying?
Government inaction and delay has caused the building safety crisis to spiral. People cannot continue to live in unsafe, unsellable homes. Homeowners should not face bankruptcy to fix a problem they did not cause. Unfortunately, these proposals will still leave too many people struggling and facing loans, instead of being given justice.
The hon. Lady asks whether enough progress has been made. Actually, we have ended 2020 with 95% of buildings over 18 metres with the most dangerous form of cladding—ACM cladding—either having been remediated or with workers on site doing the job. That is 100% of the buildings in the social sector, which is a huge step forward. I pay tribute to everyone who has been part of that over the course of the year, including those keeping the works going during the pandemic, which many politicians, including Labour politicians, asked us not to do. That was the wrong judgment, but we kept those works going.
For lower-rise buildings—those of four to six storeys—we are bringing into play this important new financing scheme. That means that those leaseholders who at the moment have impossible costs, causing great worry and strain, will now be able to have the reassurance that those costs will be turned into manageable ones. They will never need to pay more than £50 a month—many will pay far less—and only where the cladding really does need to come off to ensure that the building is safe. That will provide peace of mind to hundreds of thousands of leaseholders, and I think it can be seen as a generous, affordable way forward for the taxpayer.
We have to remember that, when the Prime Minister and I came to office 18 months ago, there was only £200 million of Government money available to support leaseholders in this situation, and that that in itself was the result of incredibly hard work by my predecessor, my right hon. Friend the Member for Old Bexley and Sidcup (James Brokenshire). Today, 18 months later, there are many billions of pounds of support in direct Government grant and then billions more, no doubt, in financing scheme funding available to support those leaseholders and to get the situation under control.
Meanwhile, what is happening in other parts of the country? We know that, in Scotland, according to a recent freedom of information request, the Scottish Government have done absolutely nothing. The funding they received from the building safety fund is sat in a bank account in Edinburgh, and they have done nothing with it. I would be interested to know from the hon. Member for Bristol West (Thangam Debbonaire) what the Welsh Government are doing. I do not know. Perhaps she can inform us. The hon. Lady herself came to this late. It was only a week or so ago that she convened the first debate on this in her tenure. She did not offer a plan. She did not show an appreciation of the scale and complexity of the issue. She offered a taskforce, a committee. Empty words, I am afraid, and gestures. That is not good enough.
While the hon. Lady was doing that, the Prime Minister, my right hon. Friend the Chancellor and I were working with the lenders, the insurers, the Royal Institution of Chartered Surveyors and the leaseholder groups to bring forward what we have announced today, which I hope all fair-minded Members across the House will see as a significant intervention. It does get unsafe cladding off buildings and end the cladding scandal. It does provide reassurance and confidence to leaseholders. It does ensure that the developers and the industry pay their fair share. It does build a world-class building safety regime, and it does enable us now to move forward to reopen and restore confidence in the housing market so that the country can move forward again.
We recognise that this is another set of major steps along the way. During the last three years, the problems have been spelled out by the all-party parliamentary group on leasehold and commonhold reform, and I pay tribute to the hon. Member for Ellesmere Port and Neston (Justin Madders) for working together in a cross- party way. There will be more to do, and the Select Committee will no doubt have hearings.
Will my right hon. Friend thank the Chancellor and the Prime Minister for helping to make the funding available? I do not claim that it is going to be enough, but it is a major step forward and I recognise that.
There is a problem with those in low-rise accommodation in low-income areas seeing high-rises in high-income areas getting more direct help. Will my right hon. Friend talk about that?
Can he also confirm that no leaseholder who does not actually own anything will have to sign away any of their rights to eventual compensation, as and when the inquiry finishes and any civil claims of liability against developers, cladding manufacturers, local building control or national regulators come to be finalised?
Despite the Secretary of State saying that no leaseholder will ever pay back more than £50 a month in loans to remove this cladding, I am sure that he will understand that that will still be disappointing for many, since, through no fault of their own, they are still facing additional costs after buying their homes in good faith; they face debt that they do not want and which will impact on household incomes during these difficult times. Much more detail on exactly how these low- interest loans will work is needed. Can the Secretary of State confirm that there will be an upper limit to these additional costs for leaseholders, or is the £50 cap only a monthly cap? He will appreciate that this matters because building work so often overruns. Will he also tell me within what timeframe he expects this remediation work to be completed?
With respect to the financing scheme that we are bringing forward in England, it will be a matter for the Scottish Government—or, indeed, the Welsh or Northern Irish Administrations—to decide whether they wish to create a similar scheme. We have set an upper limit of £50 a month, which provides a great deal of comfort to leaseholders that they will never need to pay more than that per month. That is about the equivalent of the average service charge for a purpose-built block of flats. I appreciate that it is a cost that no one would wish to bear, but it is a reasonable one in balancing the interests of the taxpayer with providing support and protection to the leaseholder. We will bring forward further details on how that scheme works as quickly as we can.
It is important also to say that the arrangement that we will be creating is not a loan to an individual; it is a financing scheme with buildings. The loans do not sit with the individual and will not affect their credit rating. These are loans on a long tenure that will remain with the building, ensuring that the leaseholders themselves can move on with their lives.
My hon. Friend is right to say that this is a very substantial intervention. We have already made £1.6 billion available, and we estimate that it will require another £3.5 billion to complete the remediation of unsafe cladding on buildings over 18 metres and to make good on the promise we have made today to leaseholders. In addition to that, we will bring forward the financing scheme, the details of which, as I said, will be published shortly, but it is a very generous scheme and there is a significant cost to the taxpayer in ensuring that the £50 cap gives that added level of protection and reassurance to leaseholders.
The total intervention that we are making today is, as my hon. Friend says, one of many, many billions of pounds. That is a difficult judgment, which the Prime Minister and the Chancellor have made with me, but we believe this is a fair and generous settlement to help everybody to move forward.
The hon. Gentleman says that this announcement does not go as far as he would have liked. I appreciate that sentiment, and no doubt there will be leaseholders watching today who would wish us to go even further, but this is a very significant intervention—we do have to keep coming back to that fact. Broadly speaking, English property rights are based on caveat emptor—buyer beware—and the contents of the leases, contracts, warranties and insurance policies that we as homeowners sign. What we are doing today is stepping in in a way that Governments have not done in the past—that they have not done when people’s homes have been flooded or subject to subsidence or other unforeseen and incredibly difficult and challenging issues. We have chosen to do this because we have immense sympathy for the leaseholders affected and, as a matter of basic public safety, we have to get these unsafe materials off buildings as quickly as possible. I think this is the right judgment and the right balance to strike between the interests of the leaseholder and those of the broader taxpayer, but I would be delighted to come before the hon. Gentleman’s Committee to discuss this issue in more detail soon.
It cannot be right that buying a home affords someone less protection than buying a mobile phone or many other things we do in our daily lives. We want to see a major change in the culture of the industry, so that homeowners get the product—the brilliant, beautiful, high-quality home—that they deserve. We have set up a new homes ombudsman, which will be passed into law as part of the building safety regulator. The new regulatory regime, which is already in existence in shadow form, will be put into permanent form through the passing of the Building Safety Bill. For higher-rise buildings—those over 18 metres—that will create a very strict, world-class regulatory regime.
I do not know what the hon. Lady’s proposition is with respect to other materials beyond cladding. All the expert opinion says, “Focus on cladding. That is the primary risk here—that is the focus that Government should have.” I will keep following expert advice. If the Labour party’s position is that we should not follow that, and that in fact the Chancellor should write a blank cheque and say that absolutely any building safety defect on any building of any height should be paid for by the taxpayer, that is a very substantial cost, and I would be interested to know how she intends to fund that. With respect to the insurance companies, I do now expect them to step up and ensure that their premiums are proportionate and risk-based, because I think some of them have been exploiting leaseholders in a very difficult position.
My hon. Friend is also right to say that today’s announcement will create certainty and confidence for the broader construction sector to come forward and enter the market to do this work. That will create thousands of jobs, and I encourage businesses large and small to take part in this major initiative.
“I’m at my wit’s end with a small new-born baby”,
so I hope that today will bring her some succour. What about housing associations, which, after 10 years of austerity, simply do not have the money to be able to give much relief to desperate leaseholders? Does the Secretary of State have any good news for those lease- holders?
My hon. Friend is right to raise the fact that other building safety defects, which we have spoken about in the past, have also come to light, whether that is fire blocks, insulation or fire doors. Some of those works will need to be done, taking a proportionate, risk-based approach, where there is a true risk to life, so that the bill for the leaseholders is not disproportionate. We also, of course, want to see the building owners step up and pay for those works. Where there has been poor workmanship, the building owner needs to take responsibility, and we will continue to do everything we can to support lease- holders to pursue those claims.
In terms of wider building safety defects, as I said in answer to my hon. Friend the Member for Eastbourne (Caroline Ansell), we will do everything we can to support leaseholders to pursue action against those who made those errors and omissions in the past. I share the anger of leaseholders at the mistakes that have been made—both by industry and by regulators who came before us. What we must do now as a Government is move forward, make sure this never happens again and support leaseholders as much as we practically can, and that is exactly what we intend to do.
Before I finish, may I also ask my right hon. Friend about Lincoln University, which has been forced to reclad one of its residences? What discussions has he had with the universities and with his Education colleague on this issue?
The first point that my right hon. Friend made is actually extremely important. We have had to strike a careful balance because millions of our fellow citizens are not homeowners, and we have to protect their interests, just as we want to provide safety and fairness for the leaseholder. That is the balance that we have tried to strike today, and I hope that fair-minded people on both sides of the House and in the country will appreciate that and understand the choices that we have made.
In other buildings where the risk is significantly lower, the new financing arrangement will give people real comfort that they never need to pay more than £50 a month. My expectation is that many of them will pay significantly less. I think most reasonable people would see that sum of money as truly affordable and manageable within the budget of most homeowners.
I, too have been shocked by the allegations I have heard at the inquiry, which is why, as an interim step, before we hear the judge’s recommendations, I have announced that we are going to create a new national regulator of construction products and that I am going to review the testing procedures for construction products, which seem to be woefully inadequate.
There is a particular problem, which my hon. Friend alights on, with respect to the number of fully trained, competent assessors who can go out and do that important first step. We are working with the Royal Institution of Chartered Surveyors to dramatically increase the number of fully trained assessors. That work has started and the numbers are already increasing. We are also working with the Treasury so that those individuals are not merely trained but can get the professional indemnity insurance that they need to do the job. If we can bring those two things together—that is happening quickly—we will be able to have a very significant increase in the number of individuals going out, doing the assessments, helping to give certainty to individuals and getting the works started.
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