PARLIAMENTARY DEBATE
Building Safety - 14 March 2023 (Commons/Commons Chamber)
Debate Detail
This Parliament has always been clear that those with ultimate responsibility for those buildings should bear the cost of remediation. Innocent leaseholders, who are neither responsible for safety defects nor equipped with the resources to fix the problem, should not be on the hook. Those who are responsible must pay. We have worked with developers to draw up a contract that gives direct effect to the pledge that they made. I was and remain grateful to those developers who have been so keen to live up to those obligations, and I am particularly grateful to Stewart Baseley of the Home Builders Federation for his skilful work in supporting the commitments made.
We published the legal contract on 30 January this year, and I gave an initial cohort of developers six weeks to confirm that they accepted the list of buildings for which they take responsibility and then to sign the contract. That deadline expired yesterday. I can confirm that 39 developers have signed the contract. We have published a list of those developers on gov.uk and hard copies of the list have been shared with the Vote Office. By signing the contracts, those developers have committed to fixing at least 1,100 buildings. They will invest more than £2 billion in that work—money saved for the taxpayer and invested in giving leaseholders a brighter future. I thank those developers for their hard work and co-operation in helping us to right the wrongs of the past. They are making significant financial commitments and I am grateful to them.
Leaseholders who have been waiting for work to be done to make their building safe will quite rightly want that work to start without delay. I know that those responsible developers who have signed the contract understand that expectation and will be in touch with leaseholders to set out the programme of expected works as soon as possible. I take the opportunity once again to apologise to those leaseholders and others who have waited so long for this work to be done. While there is still much to do, I hope today shows that their campaigning and that of so many hon. Members has not been in vain. While the overwhelming majority of major developers have signed, some regrettably have not. Parliament has made clear what that means, and so have I. Those companies will be out of the house building business in England entirely unless and until they change their course. Next week I will publish key features of our new responsible actors scheme, a means of ensuring that only those committed to building safety will be allowed to build in future.
Those developers who have been invited to sign the remediation contract, but who have not agreed to live up to their responsibilities, will not be eligible to join the responsible actors scheme. They will not be able to commence new developments in England or receive building control approval for work already under way. The House should note that the companies invited to sign the remediation contract who have not yet lived up to their responsibilities are Abbey Developments, Avant, Ballymore, Dandara, Emerson Group (Jones Homes), Galliard Homes, Inland Homes, Lendlease, London Square, Rydon Homes and Telford Homes.
While my officials remain in discussions with several who are making progress towards signing, I am concerned that some companies do not appreciate the grave nature of the responsibility they bear. I hope the directors of those firms will now exercise the same level of responsibility as the leaders of the building industry. The reluctance so far of some companies to sign up only underlines the need for the responsible actors scheme. It will ensure that there are consequences for developers who wish to be, at the moment, neither answerable nor accountable.
I will take other steps to ensure that companies live up to their responsibilities. I will be writing to major investors in those firms to explain the commercial implications of their directors’ current decisions. I will write to local authorities and building inspectors to explain that those developers’ projects may not be started or signed off. I will notify public bodies to be prepared to reopen tender award processes or rerun competitions. House buyers will want to know what that means for them, and we will formally set out the risks involved in purchasing homes from companies that have chosen to ignore the prospect of prohibitions.
I accept that the course of action that I have set out today is a significant intervention in the market for any Government, but the magnitude of the crisis that we faced and the depth of the suffering for all those affected clearly justified a radical approach. To their credit, the leaders of the development industry have willingly accepted the need for action. The vast majority of developers, as we should all appreciate, have made undertakings to the British public to put right the wrongs of the past. I am glad we can now work together with leaders in the industry on making sure that we deliver more safe, affordable, decent homes for the country.
As those developers have rightly argued, we in Government will also do more to pursue freeholders who have yet to live up to their responsibilities and construction product manufacturers, who also bear heavy responsibility for unsafe buildings. I will have more to say on that in the days and weeks to come. For the many thousands of people whose lives have been blighted by the failure properly to address building safety in the past, today’s update brings us one more step closer to at last resolving the issue, and for that reason I commend the statement to the House.
However, I fear that the collective will of this House to see that done is being damaged by what appears to be an increasingly dysfunctional approach from the Government. Last week the Secretary of State was on social media threatening major house builders with a nationwide ban if they failed to sign up to the contract within a matter of days. He is 100% right to say the developers should pay, but it undermines his case when his own Department had not even managed to send the contract to them.
That really matters, because until builders sign, leaseholder groups remain in limbo. They need more than tough talk; they need clarity and competence. For the 10 developers who signed the initial pledge but not the contract, which as the Secretary of State rightly says includes Galliard Homes, Ballymore and—shamefully, given its role in Grenfell—Rydon Homes, will he be using the powers at his disposal to designate the developers who cannot be granted planning permission? Crucially, can he tell us from when?
The Secretary of State is right to say this is a step forward, but there are many more steps to go. Leaseholders need not another deadline, but real action and hope on the horizon. Can he spell out exactly what this action will mean for developments that have already begun under those developers and that have already received planning consent? Will he be using the powers at his disposal to issue remediation orders to force them to fix their buildings in the meantime? Can he also tell us whether the 39 who have signed the contract will be obliged to fix all critical fire safety defects, as defined by the Building Safety Act 2022, and what will happen if they do not? There is a gap between the contract and the Act, and we need to make sure that the cost of that gap is not borne by leaseholders.
The contract, the Secretary of State says, will cover over 1,000 buildings. Given that his own Department has estimated that there are between 6,000 and 9,000 unsafe 11 to 18-metre buildings alone, it clearly only deals with a fraction of the problem. How does he plan to assist leaseholders in buildings with defects that are outside the scope of the contract in getting them remediated? Remediation remains painfully slow—something he knows and has rightly acknowledged—but the contract stipulates only that repairs and remediation must be carried out
“as soon as reasonably practicable”.
Again, I push him for hard timescales and deadlines.
On the issue of who is responsible, may I again ask the Secretary of State why British house builders are being asked to pay, while foreign developers and the companies that made the materials used in affected buildings are still not? That is a basic question of justice.
We should all be moving heaven and earth to right this wrong, yet the House of Lords Committee that scrutinised amendments to the Building Safety (Leaseholder Protections) (England) Regulations 2022 found that that instrument contained an unintentional drafting error that excluded parent and sister companies from being considered as associated with the landlord. That meant that landlords could avoid the £2 million net worth threshold above which they must not pass on to leaseholders costs for repairing historical defects. Despite that error as a result of a mistake at the Secretary of State’s Department, no compensation has been forthcoming for leaseholders who have had to pay remediation costs, and no plans are in place to alert those leaseholders to the possibility of applying to a tribunal to seek cost recovery. What is the Department doing to identify affected leaseholders and inform them that an appeal route to recover costs is available to them?
Finally, I say to the Secretary of State that there is, I think, cross-party agreement now that this is not the only issue for leaseholders. Leasehold is a feudal system that has no place in a modern society. It is time that we ended—abolished—the scandal of leasehold once and for all, and ended the misery for the far too many people who are trapped in that feudal system. Labour appreciates what he has done to move this desperate situation forward, but it remains in his gift to fix it once and for all, and we would fail in our duty if we did not take every opportunity to urge him to do so.
The hon. Lady asks about contracts and the speed with which they have been signed. Again, just to inform her and the House, we ensured that developers were given a copy of the contract on 30 January, when it was published. A final version was sent to developers with minor alterations on 21 February. The execution version of the contract depended on the developers themselves providing the Department with a list of affected buildings, so it was the work of developers, not of the Department, that led to the late signing of contracts, but I am grateful to all who have now signed.
The hon. Lady asks about the responsible actors scheme, when it will be implemented and the effect it will have. We will lay details of the responsible actors scheme next week. I want to allow some of the 11 who have not yet signed a little leeway to ensure that they live up to their responsibilities. The letters that I have written to the directors of the companies concerned will, I think, help to concentrate their minds to ensure that they have a chance to sign before we lay the responsible actors scheme details next week.
The hon. Lady asks if the powers in the 2022 Act will be used for those who will not have signed by that time. They absolutely will. She asks if we will fix all critical features. All life-critical features in medium and high-rise buildings will be addressed by developers. It is the case that with buildings under 11 metres, there are some fire safety issues, but we have to look at them case by case—some will be life-critical; some will not. Our cladding safety scheme, which addresses mid-rise buildings specifically—those between 11 and 18 metres—should, I hope, deal with the delay, which she rightly points out, in dealing with the fire safety issue for that crucial section of our housing sector.
The hon. Lady makes the point about foreign developers and the need to tackle them, and I quite agree with her. It is important that we use all the tools in our power, and we are exploring sanctions, criminal options and others. The one thing that I would say is that there is one jurisdiction—not a foreign jurisdiction but an adjacent one—where action has not been taken to deal with some of those responsible, and that, of course, is Wales. I ask her to work with me to ensure that the Welsh Labour Government take appropriate steps to deal with the situation in Wales. We stand ready to work with them and with all parties in that regard.
The hon. Lady also asks about the need to abolish the invidious and feudal system of leasehold. As someone who was born in Scotland—mercifully, a country free from that system—I can say only that this is one area where I hope that England at last catches up with one part of the United Kingdom that is, in that respect at least, more progressive.
I thank the Secretary of State for his continuing work. May I reinforce a question asked from the Labour Front Bench: how many buildings beyond the 1,100 still need a way forward? Can we agree that leaseholders and others want to know that their own homes are safe and saleable? We know that the task is to find the problems, fix them and pay for them.
I put it to the Secretary of State that the one group that seems to be left out of this is that of the insurance companies who covered the developers, the architects, the builders, the component suppliers and, for that matter, those who did building control. I believe that leaseholders’ potential claims need to be put together, and that we need to get the insurance companies round the table and say that the surplus money will come from them, or else they can have expensive litigation backed by a Government agency, which they will lose.
I should also say for the benefit of my hon. Friend and the House that 96% of the most dangerous buildings—those with aluminium composite material cladding—have either completed or started remediation work.[Official Report, 27 March 2023, Vol. 730, c. 5MC.] There are other high-rise buildings with other forms of unsafe cladding—1,208 such buildings. They are in the building safety fund. More than 350 of those buildings have now been addressed, and more than £1.7 billion of Government money has gone towards making those buildings safe. Progress, but not at the pace that either of us would have liked. His point about insurance companies is well made, and I will follow up subsequently.
On the developers who have not signed, the Secretary of State is obviously talking about the situation in England. Does he intend to share that information with the devolved Administrations? Those companies may have interests in devolved areas.
What happens if a non-compliant building has defects that extend beyond fire performance matters? Further defects are often discovered only after the opening works have commenced and cladding has been removed—I am thinking particularly of acoustic and thermal non-compliance. Could the Secretary of State tell us which independent bodies will manage the work to identify such defects, and how will developers be held to account for them?
Finally, what is the Secretary of State’s plan when owners and/or developers of non-compliant buildings cannot be traced?
On non-compliant buildings, the hon. Gentleman is certainly right that, as we replace cladding, new faults are sometimes identified. Developers have a responsibility to deal with those if they were the original responsible actor. That brings me to his third question. Where it is not a developer who takes responsibility but a freeholder, our recovery strategy unit is working to identify all the freeholders responsible. It is only in the very last instance that leaseholders may be liable for costs, and even then, they are firmly capped under legislation that this House passed.
A number of issues have been raised with the Select Committee. First, in terms of the agreement that developers are signing, it was said to us that the remediation standards developers will have to work to will not be as strict as those under the Building Safety Act. Can the Secretary of State confirm whether that is true? Secondly, the Committee spoke to product manufacturers the other week, who said that they had had no contact with the Department for the last 12 months. Is that true, and if so, when will that contact be renewed, so that they can be held to account?
Finally, the Minister says, “I’m going to look at this” every time I ask him. Kate Henderson of the National Housing Federation told the Committee on Monday that the cost of remediating these matters will be £6 billion for social housing providers. They have only had a tiny bit of money under the ACM cladding measures. Will the Secretary of State look at that again? Otherwise, there will be cutbacks to the house building programme that they all want to engage in.
On remediation standards, I do not believe it is the case that the developers are being held to any less high a standard than that which exists in the Building Safety Act, but I look forward to working with the hon. Gentleman and others to identify any gap between what the Act makes provision for and anything that developers have committed to do.
It is the case that I have not been in touch with the Construction Products Association as a corporate body for a while. We have been pursuing individual construction product companies, but of course, our actions have to take account of the actions of others who may be pursuing them for criminal activity and liability.
On the hon. Gentleman’s point about the National Housing Federation, I have been in conversations with the Chancellor of the Exchequer about what more we can do to support the social housing sector. How richly those conversations bear fruit, we will have to see.
On the broader point, if the hon. Lady, on behalf of her constituents, would like to get in touch with my Department and, in particular, our recovery strategy unit, there may well be developments or buildings in her constituency that are not covered by this where there are freeholders or other people responsible whom we need to track down. We look forward to working with her.
On the point about leaseholders, we have a system that we have legislated on—it is not perfect, but it is a big step forward—which means there is a cap on the individual liability of any leaseholder, and the taxpayer has committed significant sums. I think—and I suspect this is a view shared across the House—that the building safety crisis shines a light on sharp practice by a small minority of people in the broader property sector that we need to take several steps to deal with, including improved land transparency legislation and other steps that will ensure we do not have a butler economy in this country, whereby people operating in the property sector put profit ahead of people.
“additional Financial Conduct Authority and Government co-ordinated action”—[Official Report, 30 January 2023; Vol. 727, c. 55.]
to address it. Can the Secretary of State update us on progress? By the way, he has not yet replied to my letter to him on this subject, dated 13 January.
I hope to update the House shortly on the progress we are making with the FCA and others on insurance costs. When I made the statement last time around, I explained the steps we are taking with managing agents and intermediaries, but the right hon. Gentleman is right—as is the Father of the House, my hon. Friend the Member for Worthing West (Sir Peter Bottomley)—that there are broader issues in the insurance market that we need to address.
Secondly, the Secretary of State made a bit of a gibe at Wales, but the reality is that we need to work together across the UK on this issue. What is he doing about the pipeline of contractors and surveyors? A remediation project in my constituency had to be stopped recently because a contractor was having an issue separately in England. This issue does not require gibing between the two Governments: it requires working together.
On the point about the situation in Wales, again, I always enjoy working with Ministers in the Welsh Government to achieve our common ends across the United Kingdom. I absolutely take the hon. Gentleman’s point in good part.
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