Key Facts

• Peter Caplehorn is the chief executive officer of the Construction Products Association.
• Dr Scott Steedman is the director general of standards at the British Standards Institution.
• The session aims to discuss statutory moves alongside non-statutory initiatives for industry reform.
• The definition of designated standards in schedule 9, clause 133 needs improvement.
• There is no provision allowing the Secretary of State to designate a British standard from BSI.
• Clarity on roles between the Department and the Building Safety Regulator is needed.
• There is an ongoing conversation about defining safe products under the Building Safety Bill.
• Examples include plasterboard used differently in various applications (finishing element vs. compartment wall).
• Performance-based criteria are suggested instead of prescribing specific product details.
• The Building Safety Fund is not accessible for properties with social tenants.
• 40% of all social housing built last year was without grant support.
• The Building Safety Bill focuses on higher-risk residential buildings but aims to address other high-risk buildings over time.
• Peter Caplehorn suggests that while the bill starts with buildings in scope, it will eventually lead to reforms affecting the entire construction sector and all buildings meeting technical standards.
• Kate Henderson is the chief executive of the National Housing Federation representing housing associations in England.
• Victoria Moffett leads building and fire safety programmes at the National Housing Federation.
• Martin Taylor is the executive director at Local Authority Building Control supporting local authorities across England and Wales.
• The Building Safety Bill aims to strengthen building safety systems, particularly for new buildings over 18 metres.
• Concerns include lack of focus on converted buildings under permitted development rights and the need for a risk-based approach rather than height-based criteria.
• There is discussion about the unintended consequences of competition in building control for out-of-scope buildings.
• The National Housing Federation supports Government-funded up-front costs for remediation based on a risk-based approach.
• Kate Henderson notes that £5 billion has been allocated through the building safety fund, but it is not sufficient to cover all costs.
• The Local Government Association advocates for the Government to pay upfront remediation costs and seek reimbursement from responsible parties.
• The Fire Safety Act 2021 is the legislative focus for addressing fire safety issues affecting disabled residents.
• There is ongoing consultation on requiring personal emergency evacuation plans for those who need them.
• Leaseholders face a significant building safety charge with only 28 days to pay, leading to potential eviction or homelessness.
• The duty to co-operate aims to address challenges posed by absent freeholders.
• Guidance needs to be developed for accountable persons to manage risks effectively.
• Some housing association properties have damp or mould issues, ranging from 2% structural problems to 3% condensation-related.
• Maria Miller introduces Liam Spender from the UK Cladding Action Group and Giles Grover from the End Our Cladding Scandal campaign.
• Witnesses highlight that the Building Safety Bill fails to cover remediation costs for leaseholders as promised, making things worse by holding residents responsible for past, present, and future costs.
• The panel discusses the history of Government promises made after Grenfell and the frustration over the lack of protection for leaseholders.
• The Bill makes clear the legal responsibilities of leaseholders but does not address the responsibilities of developers.
• People are facing six-figure bills for fire safety remediation.
• There have been instances of suicide and bankruptcy due to these costs.
• The latest figures for building safety funding approach £15 billion.
• The cost of construction VAT zero rating is billions of pounds annually.
• There are moral hazards and potential insurance issues with the roles of accountable persons.
• The Building Safety Bill aims to address safety issues in buildings but lacks adequate protections for leaseholders.
• New clause 4 proposes a building safety indemnity scheme similar to the Motor Insurers' Bureau.
• Leaseholders have been paying VAT on fire safety measures and remediation works without the ability to claim zero-rating status.
• There needs to be clearer language in the Bill about taking into account the resident’s voice.
• Residents need a voice on the groups and committees that make the rules.
• Programs can be set up to provide better advice for leaseholders and tenants.
• Maria Miller thanked Liam Spender and Giles Grover for their comprehensive answers.
• Justin Bates and Giles Peaker are the next set of witnesses.
• Giles Peaker represents Anthony Gold Solicitors.
• The Building Safety Bill aims to improve safety practices but may not have an immediate impact due to pending secondary legislation.
• Statutory Instruments (SIs) are necessary for detailed regulations, but they may lack transparency, limiting public scrutiny and involvement.
• Guidance on 'reasonable steps' is needed to clarify legal obligations and reduce potential litigation risks.
• Legal profession is concerned with key areas of interest in the Building Safety Bill.
• Extension of limitation periods under the Defective Premises Act 1972 is a significant change affecting developers.
• SPVs (Special Purpose Vehicles) are used by developers to limit liability after building control sign-off.
• Discussion includes making company directors personally liable for building defects.
• Current Bill focuses on individual buildings rather than a collective approach.
• There are concerns about the effectiveness of the accountable person framework and associated statutory instruments yet to be published.
• Dame Judith Hackitt's report highlights a culture of cutting corners in the construction industry.
• Clause 124 assumes that leaseholders have a contractual liability to pay for remedial works under their leases.
• The Bill only applies to specific types of work as specified by the Secretary of State in regulations.
• It imposes an obligation on freeholders to explore alternative funding sources, such as insurance or developer liabilities.
• Clause 59 of the Building Safety Bill defines a building safety risk as including fire spread, structural failure, and other prescribed matters.
• The Bill is not limited to fire safety issues; it can address broader safety concerns like asbestos if the issue were different.
• There are concerns about the 'duty to co-operate' in addressing complex structures where accountable persons and responsible persons may differ under different legislations.
• The session is concluded by Maria Miller.
• Witnesses are thanked for bringing their expertise to the Committee.