<-- Back to proposed bills

Building Safety Bill - Sitting 3

14 September 2021

Proposing MP
Shipley
Type
Public Bill Committee

At a Glance

Issue Summary

MP Philip Davies makes preliminary announcements regarding the Committee's proceedings and introduces witnesses for oral evidence. The statement discusses the establishment of a new Building Safety Regulator within the Health and Safety Executive (HSE) and its role in improving building safety standards. The discussion focuses on the Building Safety Bill and its implications for building safety regulation in the UK. MP Philip Davies acknowledges Graham Russell's desire to address the previous discussion on comfort levels regarding building safety arrangements. MP Philip Davies alerts the committee about time constraints for remaining speakers. Philip Davies concludes the Committee session by thanking the witnesses. Richard Silva discusses the responsibilities and liabilities for addressing unsafe buildings under the Building Safety Bill. Richard Silva discusses the clarity and financial burden of building safety charges under the Building Safety Bill. The statement discusses the Building Safety Bill and its impact on industry practices, particularly regarding the transition from planning to detailed design stages and the role of special purpose vehicles (SPVs) in regulatory compliance. The statement discusses concerns regarding the scope and implementation timeline of the Building Safety Bill, focusing on its adequacy in addressing fire safety risks in buildings under 18 meters. The statement discusses concerns about the Building Safety Bill and its potential impact on freehold ownership and management. The statement discusses concerns over the duty to co-operate in mixed-use buildings and the adequacy of the building safety charge regime. Philip Davies is concluding the session and informing about the next meeting time.

Action Requested

Philip Davies requests that Members adhere to mask-wearing guidelines, respect seating arrangements, email speaking notes to Hansard colleagues, keep electronic devices on silent mode, and limit questions to matters within the scope of the Bill. The session is scheduled until 10:15 am.

Key Facts

  • MP Philip Davies makes preliminary announcements regarding Committee proceedings.
  • Witnesses include Sarah Albon (CEO, Health and Safety Executive), Peter Baker (Chief Inspector of Buildings, HSE), and Graham Russell (CEO, Office for Product Safety and Standards).
  • The session is scheduled to end at 10:15 am.
  • The HSE will not just regulate high-rise buildings but will also have other functions to stimulate competence across the built environment.
  • The Building Safety Regulator aims to improve cultural shifts, particularly in design and build processes.
  • Funding priorities have been set by MHCLG for establishing the new regulatory function.
  • The Bill will introduce both civil and criminal enforcement tools similar to those under the Health and Safety at Work etc. Act 1974.
  • A key change is the introduction of gateways that require duty holders to demonstrate their ability to build safe buildings before construction can proceed.
  • The safety case system aims to ensure that building owners manage risks effectively and have plans to address any identified gaps.
  • The regulatory system has not protected people in the past.
  • There is a need for a more robust regulatory system.
  • The Building Safety Bill aims to create safer outcomes.
  • Six minutes remaining in the session.
  • Two additional speakers still require time.
  • Philip Davies ends the time allotted for questioning witnesses.
  • Richard Silva, executive director of Long Harbour, and Kieran Walker, technical director of Home Builders Federation, gave oral evidence.
  • The Government's regulatory regime has contributed to the problem of unsafe buildings.
  • A mandatory reserve regime is proposed every 25 years for building maintenance.
  • Freeholders and commonhold associations are discussed as potential accountable persons.
  • The Bill does not protect existing leaseholders from unaffordable costs.
  • HomeGround has a dedicated fire life safety team including chartered fire surveyors and ex-London Fire Brigade officers.
  • The team audits managing agents responsible for day-to-day running of blocks around the country.
  • The Bill proposes early submission of detailed information at gateway 2 stage.
  • Regulatory processes for gateways 1, 2, and possibly 3 are expected to ensure SPVs are fit for purpose.
  • The Defective Premises Act 1972 is extended to provide a 15-year window for legal action against developers.
  • London Councils feels that the scope of the Bill needs expansion beyond its current focus on buildings over 18 meters.
  • The Fire Safety Act is being used as a reference point for developing risk assessment tools applicable to this measure.
  • Detailed regulations, especially concerning the building safety manager's role, are needed and should either be included in the Bill or introduced promptly through secondary legislation.
  • The Law Commission is pushing for residents to have democratic control over their developments.
  • There are concerns about lay directors stepping back from responsibilities due to risks involved in managing buildings safely.
  • London Councils advocate for a wholesale review of the building regulation framework.
  • Andrew Bulmer sees potential issues arising due to complexity in determining principal accountable persons.
  • The building safety charge must be paid within 28 days, which may make it difficult for leaseholders to challenge the charge adequately.
  • There is a concern that introducing a new regime could restart the clock on case law and confuse residents with dual service charges.
  • The Committee will meet again at 2pm on the same day in the Boothroyd Room.
  • Further consideration is ordered to be adjourned.
Assessment & feedback
Summary accuracy