PARLIAMENTARY DEBATE
Building Safety - 20 January 2020 (Commons/Commons Chamber)
Debate Detail
The Government are committed to bringing about the biggest change in building safety for a generation. We took action to address the fire safety risks identified following the Grenfell Tower tragedy, and in the autumn we committed to adopting in full the recommendations of the Grenfell Tower inquiry phase 1 report. We will shortly publish our response to the phase 1 report, and a full debate is scheduled tomorrow for the House to discuss this important issue at length. The focus of this statement will be on the wider programme of building safety reforms and the work that I am leading to ensure that everyone is safe, and feels safe, in their own home.
The Government have already taken steps, including on aluminium composite material remediation, to tackle fire safety, but as that work continues, it becomes ever more evident that problems have developed over many decades, leading to serious incidents and the risk of further loss of life. This is completely unacceptable. It is clear that the problems will take many years to put right, but all of us—building owners, the construction industry, local authorities, the fire service and the Government—have an absolute duty to ensure that action continues to be taken as quickly as possible so that a tragedy such as the one at Grenfell Tower can never happen again.
There has been progress, but it has been unacceptably slow, so today I am setting out reforms that go further, and I intend to ensure that they do so faster. First, we will begin immediately to establish the new building safety regulator. This new regulator will be established within the Health and Safety Executive, which is an experienced regulator and is committed to introducing the new regulatory regime at pace. Ahead of legislation, the regulator will initially be in shadow form, and I am pleased to announce that Dame Judith Hackitt will chair a board to oversee the transition to this new regime. I expect the shadow regulator to be established within weeks, and we will be recruiting the first national chief inspector of buildings.
Secondly, our consultation on sprinklers and other measures for new build flats has now closed. I am carefully considering the responses and evidence received, but I can inform the House today that I am minded to lower the height threshold for sprinkler requirements in new buildings from 18 metres to 11 metres. Subject to further consideration, I will set out my detailed proposals in that respect in February.
Thirdly, we banned the use of combustible materials in the external walls of high-rise buildings in December 2018. My Department concluded a review into the ban’s effectiveness, and today I am announcing a consultation on the ban, again going significantly further, including by lowering the 18 metre height threshold to at most 11 metres.
Fourthly, my Department, with support from the independent expert advisory panel, has provided advice for building owners on the steps they should be taking to address a range of safety risks. We have listened to feedback, and I am today publishing updated advice that will provide the further clarity they have sought. This advice brings together 22 separate advice notes into one consolidated document.
There is evidence that there has not been enough focus among building owners on buildings below 18 metres. The expert panel has decided to clarify that more action is needed to review the risks in buildings below 18 metres, and owners of those buildings should review the advice and take action where needed. I want to be clear with the House that it has never been the case that, simply because a building is below 18 metres, owners are exempt from ensuring the safety of their residents. The requirement on building owners is to make sure buildings of any height are safe, and I expect all owners to be acting responsibly.
The panel’s new advice makes clear that ACM cladding with an unmodified polyethylene core should not be used on buildings of any height. This reflects the evidence from the materials research programme, which to date has confirmed that ACM presents a much higher risk than any other materials tested when used on the external walls of buildings.
The consolidated advice note also clarifies the actions building owners should now take in relation to fire doors. I welcome the commitment from members of the Association of Composite Door Manufacturers to work with building owners to remediate their doors that have failed tests, and we will continue to monitor the situation closely.
Fifthly, I am today publishing a call for evidence seeking views on the assessment and prioritisation of risks associated with external wall systems, such as cladding, within existing buildings. For many years, we have relied on crude height limits with binary consequences, and it is clear to me that this approach to assessing risk does not reflect the complexity of the challenge at hand. I have concluded that we need a better, more sophisticated system to underpin our approach. Height will remain a significant and material factor, but it will sit alongside a broader range of risk factors. I am therefore today commissioning leading experts in the field to develop, as quickly as possible, a sophisticated matrix of risk that will replace the historic system and underpin our approach to future regulatory regimes.
Sixthly, while I welcome recent progress, remediation of unsafe ACM cladding, especially in the private sector, is still far too slow. This absolutely cannot continue, particularly when funding is now being provided by the taxpayer. Although all unsafe ACM cladding now has mitigation safety measures in place where required, I do not underestimate the concern of residents living in buildings where remediation has not even started.
The latest data show that, out of 92 buildings in scope, 82 applications have been made to the private sector ACM cladding remediation fund, and that the 10 for which applications have not been made have exceptional circumstances, which I have reviewed. However, an application to the fund is not an end in itself; that can never be sufficient. Construction work to remediate these buildings should be proceeding as quickly as possible. We will therefore be appointing an independent construction expert to review remediation timescales and identify what can be done to increase the pace in the private sector.
Inaction must have consequences. From next month, I will name those responsible for buildings where remediation has not started and remove them from the public list only when it has. My Department will be working with the relevant local authorities to drive enforcement where necessary. The Home Secretary will deliver the fire safety Bill and associated regulatory changes in order to enable delivery of the recommendations of the Grenfell inquiry phase 1 report. The proposed Bill will place beyond doubt that external wall systems, including cladding and the fire doors to individual flats in multi-occupied residential blocks, fall within the scope of the Regulatory Reform (Fire Safety) Order 2005. These changes will affirm the ability to enforce locally against building owners who have not remediated unsafe ACM buildings. Building owners and developers who have not already taken action must do so now. Further delay is not acceptable.
Finally, I am aware of the concerns of leaseholders about meeting the cost of remediation. As I do not want cost to be a barrier to remediation, I am considering, with Her Majesty’s Treasury, options to support leaseholders. My right hon. Friend the Chancellor and I will set out further details in due course.
The safety of people in their homes is paramount. Through the reforms that I have outlined today, I want to make it clear that this Government will not falter in doing whatever it takes to ensure that all buildings and all residents are made safe. I commend this statement to the House.
The Secretary of State will remember, as we all do, the shocking disbelief and grief in the immediate aftermath of the dreadful Grenfell Tower fire in June 2017, and he will remember, as I do, the solemn undertakings from all parts of this House to make sure that such a fire could never happen again. I never thought that, two and a half years later, I would be standing here facing a Secretary of State—the third Secretary of State—who still cannot say that all the necessary action has been taken and that a fire like Grenfell cannot happen again in Britain.
Directly after the fire, the then Prime Minister made this promise on behalf of the Conservative Government:
“Landlords have a legal obligation to provide safe buildings…We cannot and will not ask people to live in unsafe homes.”—[Official Report, 22 June 2017; Vol. 626, c. 169.]
Yet thousands of people continue to live in unsafe homes, condemned to do so by this Government’s failure on all fronts after Grenfell. Why, two and a half years later, are 315 high-rise blocks still cloaked in the same Grenfell-style cladding? Why do 76 of these blocks’ owners not even have a plan in place to replace the deadly cladding? Why have 91 social tower block landlords still not replaced their ACM cladding, when this Secretary of State promised that it would be done by the end of last year? And why have the Government not completed and published full fire safety tests on other unsafe, but not ACM, types of cladding? Why has the Secretary of State had nothing to say this afternoon in his statement on these points?
The Secretary of State has made pledges of his own on Grenfell action. He promised
“to take action of a scale and a pace that is commensurate with the tragedy that prompted it.”—[Official Report, 30 October 2019; Vol. 667, c. 419.]
Seventy-two lives were lost in that Grenfell Tower fire, yet there have been no prosecutions, no fire safety fund to retrofit sprinklers, no legislation to make private block owners, not leaseholders, pay the safety work costs, and still no legislation in place to overhaul building safety legislation more than 20 months after the Government’s own Hackitt review was published and accepted in full by Ministers.
I know that the Secretary of State has approached this task with a very serious intent since he was appointed in the summer, and we welcome the setting up of a national regulator to do the job that Ministers and the Department have been unable to do so far. I also welcome the decision to name and shame block owners who will not do the work, and the recognition that the system of building safety checks and controls does not just affect buildings of over six storeys.
There have been 21 announcements on building safety in this House since Grenfell, but there are still not enough answers and there is still not enough action, so let me ask the Secretary of State: given that the new building safety regulator will need legislation to underpin it, when will the new draft building safety Bill be published, and when on earth is it actually going to reach the statute book?
The Secretary of State has said this afternoon that ACM cladding with an unmodified polyethylene core should not be used on buildings of any height. How many additional buildings does he estimate fall into this category? Also, why wait a month to name and shame block owners who will not do the work? Why not do it now? In fact, why did he not do it in June, when I previously called for him to do so? And why has he not restated to the House that June 2020—fully three years on from Grenfell—is the Government’s hard deadline for the full removal and replacement of ACM cladding from all tower blocks in this country? I am afraid that this is too little, at least two years too late.
At every stage since Grenfell, Ministers have failed to grasp the scale of the problems or the scale of the Government action required, and I fear that we will reach the third anniversary—and, Lord forbid, the fourth anniversary—and still not be able to say to people with confidence that a fire like Grenfell can never happen again in Britain.
The right hon. Gentleman says that we have not done enough. This is an extremely challenging task, but the Government have already taken a wide range of steps of which he is aware. We announced the independent inquiry, the first phase of which has now reported, and the second phase of which will begin on 27 January. We commissioned Dame Judith’s independent review into our building safety regime, which was widely praised. It has reported back, and has led to the measures that we are taking today. Dame Judith remains closely involved in the process and will now be leading the establishment of the new regulator. I have taken the decision that that work needs to begin immediately, and have chosen the Health and Safety Executive to be the home of the regulator because it has the capacity to do so at pace.
We launched the social sector ACM cladding remediation fund in 2018, and that has led to a very large number of properties having remediation work on ACM cladding. We later extended that to the private sector. The right hon. Gentleman is right to say that it is frustrating that the pace of work has not been faster. I am frustrated by it. I said to the House in September that I would name and shame building owners who had not already commenced work or who were not taking the issue sufficiently seriously. I think that threat contributed to an increase in action from building owners, and now every private sector building with ACM cladding—bar 10—has a plan and is working with my Department to commence or complete remediation works. The 10 buildings that have not done so already are in exceptional circumstances; they are mostly buildings that have only recently been discovered to be clad in ACM, so they are late to join the process. We are none the less working to expedite those cases to ensure that they get moving at pace. I have said that we will publish that list next month, so it will happen within a matter of weeks. I hope that that will be a further spur on those building owners to do the right thing and get moving.
We have set out today a very significant set of measures that will have a profound effect on the industry, particularly on new buildings built in the years ahead. I have said that I am minded, subject to the final review of the consultation, to lower the height threshold for sprinklers. We have to be guided by evidence. Dame Judith and our expert panel suggest that it is too crude to say that all high-rise buildings should be remediated and have retro-fitted sprinklers—that we need to take an individual-building approach, because it might be the right thing for some buildings but not for all. I will certainly, as long as I am in this job, be guided by the evidence.
We have set up the protection board that I announced last year, which is working with the Home Office, with my Department and with fire and rescue services on a priority basis to assess those buildings where assessments have not yet been made and ensure that the building owners take action.
The right hon. Gentleman asked about legislation. We announced in the Queen’s Speech last year that the building safety Bill would come forward. Following the outcome of the first phase of the Grenfell Tower inquiry, I took the view that that was too long to wait, and so we have now divided the work into two Bills, one of which will come forward very swiftly—a fire safety Bill. That will place into legislation the recommendations of the judge that require legislation; some require regulatory change rather than primary legislation. Later this year, we will follow that with the larger, more complex building safety Bill, which we intend to publish before the summer recess. That will be the biggest change to our building safety regime for 40 years. I do not underestimate the complexity of that, and it is obviously right that we get the details correct so that we can move forwards.
Many points will be made in the next half hour or so, but I want to concentrate on two. First, the Leasehold Knowledge Partnership and the all-party parliamentary group on leasehold and commonhold reform were the first to point out the difficulties of private leaseholders in these tower blocks. When the Secretary of State and his Department work closely with the LKP and with the all-party group, we will not have all the answers, but I commend to him the fact that we can certainly point to many of the questions and some of the problems as well.
Additionally, may I commend what Nick Ross, the independent commentator and expert on risk, has said—that people do not die in buildings where there is a fire if there are sprinklers? We ought to pay more attention to that. Even if they are not required everywhere, we ought to consider whether they would be useful and valuable.
Finally, at the all-party group meeting, leaseholders talked about the sixfold or greater increase in their insurance premiums. The Government should get together with the Association of British Insurers and say, “Are people being scalped or is there scope for a scheme like Flood Re, which made premiums affordable to ordinary people trying to go on living in their homes?”
I am happy to work with my hon. Friend and any others who represent or are interested in leasehold reform. He knows my personal interest in that and commitment to bring forward legislation later in the year. I have been contacted by many leaseholders who feel trapped in their homes and are very concerned about their ability to meet the costs that flow through. It is obviously right that building owners should meet the cost of remediation work, but we need to work with leaseholders to ensure that meeting those costs is not a barrier to getting the work done and keeping them safe. I have made that commitment today.
What is the Minister learning from the Scottish Housing Regulator, which I have mentioned to him before? Has he met it to discuss the work that already goes on in Scotland? Will people be able to make complaints to the shadow regulator in the interim, or will they have to wait until it is fully set up? Will the reporting of significant performance failures be part of that, as it is in the Scottish system?
On the Secretary of State’s point about consolidation of advice notes, I have had constituents contact me about the consequences of advice note 14, which was drawn up by his Government but is having an impact on people in Scotland who cannot sell their properties and are struggling with insurance issues. What communication has he had with the Scottish Government on that? I know that the Housing Minister, Kevin Stewart, has been in touch with him about that issue. We cannot resolve it, because it is an issue for this Government and about mortgage lending, which is not in the Scottish Government’s purview. It would be useful to know what discussions the Secretary of State has had and how he intends to resolve this issue in the consolidated advice note.
Lastly, on remediation, we do not have quite the same problem with leasehold in Scotland that exists in England, but we do have issues. I want to ask the Secretary of State, as I have asked him before, about incentivisation to resolve some of these issues. For example, is he looking at reducing the VAT on sprinklers and cladding to encourage people to act at a speedier rate, and will he ensure that the fund is accessible to those who need it in Scotland?
We listened to the commentary that it was too confusing having multiple sources of advice for building owners, so we have worked to consolidate those 22 pieces of advice into one document: advice note 14. That has been published on the gov.uk website, and we remain open to comments on it and refinement of it, if necessary. The research and testing process that lies behind advice note 14, which the right hon. Member for Wentworth and Dearne (John Healey) raised, will be published next month. That process is coming to its final conclusions, and that information will also be in the public domain, so those who take a particular interest and require to see the evidence behind advice note 14 will be able to do so.
We will, of course, give the Health and Safety Executive the funding required to set up the regulator. We chose the Health and Safety Executive, as opposed to creating a stand-alone building safety regulator, precisely because it has the expertise and the capacity and is ready to get going at pace, which I think we can all agree is essential.
We saw in the Bolton fire, where the building was 17.6 or 17.8 metres high—just a matter of centimetres away from the 18-metre threshold—that height alone was simply too crude a measure and that building safety needs to be proportionate to the building. Height is likely to continue to be a very material factor—perhaps the most material one—but a range of other factors now need to be considered.
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