Commons Sense

House of Commons · Ministers' Questions

Building Remediation Costs

Monday 16 May 2022 · 6 questions

Summarised by AI from the official record, so it can contain mistakes.

Read the full transcript on Parliament.uk

At a glance

Answered 3 Partly answered 2 Not answered 0

Key points

  • The Building Safety Act 2022 protects leaseholders from costs related to historical building safety defects, with a cap on leaseholder contributions as a last resort.
  • Of the biggest 53 developers, 45 have signed a pledge to relieve leaseholders of obligations, and the government will work individually with non-signing developers.
  • The Secretary of State is open to considering individual director prosecution in extreme cases where developers evade responsibility.

Topics (select to filter)

Questions & Answers

Q1 Kelly Tolhurst Con
Housing
Context

The Building Safety Act aims to protect leaseholders from the costs of unsafe cladding. However, concerns remain about the financial burden on leaseholders when developers are at fault.

Question

What steps is the government taking to ensure that leaseholders do not have to pay for remediation work in buildings where the developer is at fault?

Answer from Michael Gove

The Building Safety Act 2022 protects leaseholders from costs related to historical building safety defects. Qualifying leaseholders and buildings over 11 metres in height are fully protected from unsafe cladding remediation costs. Leaseholder contributions will be a last resort and firmly capped, particularly where freeholders are linked to the original developer.

Answered
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Q2 Kelly Tolhurst Con
Housing
Context

While progress has been made through the Building Safety Act, some developers have not signed up to the building safety pledge. This affects leaseholders in buildings over 11 metres.

Question

Leaseholders are pleased with the Building Safety Act but disappointed that some developers have not signed up to the pledge. What support is available for those in affected buildings?

Answer from Michael Gove

Of the biggest 53 developers, 45 have signed the pledge. For areas where developers have not signed up, we will work with them individually to ensure that they relieve leaseholders of their obligations, staying closely in touch with the MP.

Partly answered

Not addressed: Specific support mechanisms and timelines are not detailed

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Q3 John Cryer Lab
Business Compliance
Context

Developers sometimes evade responsibility by closing and reopening under a different name, avoiding sanctions or prosecution.

Question

In extreme cases where developers evade responsibility by changing names, will the Secretary of State allow for individual director prosecutions?

Answer from Michael Gove

Yes, absolutely. The Secretary of State is open to considering individual director prosecution in extreme cases where developers evade responsibility.

Answered
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Q4 Julian Lewis Con New Forest East
Housing
Context

The MP raises concerns about the encouragement of building new floors on top of apartment blocks, which can leave leaseholders with unwanted bills and inconveniences.

Question

Will the Secretary of State revisit the policy encouraging the construction of additional floors on existing apartment blocks, affecting leaseholder rights?

Answer from Michael Gove

The case is under consideration. The Secretary of State acknowledges the need to balance protecting leaseholders and providing more homes without encroaching on green land, with a focus on ensuring permitted development rights are used responsibly.

Partly answered

Not addressed: Specific actions or timelines for revisiting policy are not provided

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Q5 Daniel Zeichner Lab Cambridge
Housing
Context

Leaseholders face high insurance premiums due to cladding problems, affecting many in Cambridge.

Question

What steps are being taken to address the issue of high insurance costs for leaseholders impacted by building safety concerns?

Answer from Michael Gove

Lord Greenhalgh, Minister for building safety and fire safety, is in conversation with the Association of British Insurers. Discussions aim to move towards a better situation by talking to insurers and mortgage lenders to improve the landscape.

Not addressed: No specific measures or timelines are given

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Q6 Michael Fabricant Con
Housing
Context

Developers may undertake work that complies with building regulations at the time but is later found to be unsafe, leaving questions about leaseholder protection.

Question

What protections are in place for leaseholders if developers perform work, such as cladding, which was initially compliant with regulations but later deemed unsafe?

Answer from Michael Gove

Developers and the House Builders Federation have acknowledged shared responsibility under a regulatory system, protecting blameless leaseholders from costs associated with unsafe cladding even if work initially complied with regulations.

Answered
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