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Building Safety Bill - Sitting 4 (Afternoon)

14 September 2021

Proposing MP
Shipley
Type
Public Bill Committee

At a Glance

Issue Summary

Philip Davies is questioning witnesses about the effectiveness of extending the Defective Premises Act 1972 and discussing potential financial impacts on leaseholders due to the Building Safety Bill. The speaker discusses the issue of funding for building safety improvements in the UK following the Grenfell tragedy. The speaker discusses the challenges of funding building repairs and the implications of the Building Safety Bill for leaseholders and taxpayers. The discussion focuses on the responsibilities and interests of freeholders in leasehold properties and the need for better engagement between developers, freeholders, and leaseholders. The discussion focuses on the challenges of resident engagement and accountability within the Building Safety Bill. Philip Davies is chairing the Public Bill Committee session discussing the Building Safety Bill. James Dalton discusses the impact of increased fire risks on insurance premiums for leaseholders and highlights concerns about the Building Safety Bill's provisions. The statement discusses concerns about professional indemnity insurance for professionals involved in managing buildings under the Building Safety Bill. Philip Davies thanks the witnesses for their contributions during the Committee's examination on the Building Safety Bill. The speaker discusses concerns about building safety regulations and the impact of deregulation on fire service resources. Mr Wrack discusses the need for improvements in building safety regulation and fire service resources. Philip Davies thanks the witness for their evidence and suspends the sitting for 10 minutes before introducing Eric Leenders, managing director of personal finance at UK Finance. Philip Davies is chairing a session with Alison Hills and Steve Day to discuss the impact of the Building Safety Bill on leaseholders. Steve Day discusses the challenges faced by residents in Royal Artillery Quays due to cladding issues and legal limitations, urging Parliament to intervene with a statutory scheme. Alison Hills discusses the limitations of extending limitation periods under the Defective Premises Act for leaseholders facing building safety issues. The statement addresses the issue of high service charges due to waking watch and insurance costs for leaseholders living in buildings with unsafe cladding. Steve Day discusses the issue of building safety charges as a lack of trust in compliance with building regulations and proposes a clear distinction between non-compliance at the time of construction and post-Grenfell regulatory changes. The statement discusses the challenges faced by leaseholders in high-rise buildings regarding fire safety and the Building Safety Fund's limitations. The MP is thanking the witnesses for their evidence and concluding the Committee meeting. The statement discusses various responses to building safety issues, including those from insurance companies, fire services, and campaigners.

Action Requested

The statement does not propose specific actions but rather questions the effectiveness and fairness of the current legislative proposals, suggesting that leaseholders may face significant financial burdens without adequate protections or support from the Government.

Key Facts

  • The Defective Premises Act 1972 extension to 15 years is unlikely to be effective for many leaseholders.
  • Leaseholders could face an estimated £200 per annum cost due to the Bill.
  • Additional costs for remediation and building safety management may reach up to £6,000.
  • The ARMA organisation has advocated since shortly after Grenfell for prioritizing safety over determining funding sources.
  • A proposed £12 billion levy scheme was suggested last year, aiming to provide upfront funding and then be repaid over five years by developers and material providers.
  • Dr Glen supports a 'polluter pays' principle but acknowledges it is imperfect.
  • The Building Safety Bill allows leaseholders to be charged for historical remediation costs within 28 days.
  • Grants are necessary to cover non-cladding issues such as concrete damage due to age.
  • Current law does not adequately protect leaseholders from developers who walk away from liability after two years.
  • There are approximately 4.6 million-plus leaseholds that need addressing.
  • Developers sometimes sell freehold blocks of flats they develop.
  • In 60% of cases, there is a leaseholder structure in ARMA members' portfolios.
  • Ground rent for a building with 100 units at £200 per unit amounts to £20,000 annually.
  • The current legislation lacks a robust system for resident voice and accountability.
  • Landlords can sit in conflict with leaseholders, affecting effective resident engagement.
  • Proposals suggest formalising residents' groups to represent common interests.
  • James Dalton is the director of general insurance policy at the Association of British Insurers.
  • Steve Wood is the chief executive of the National House Building Council.
  • Dr Sarah Colwell is the director of fire suppression testing and certification at BRE Global Ltd.
  • Fire risks and insurance premiums are significantly affecting leaseholders post-Grenfell.
  • The Building Safety Bill does not apply to buildings under 18 metres.
  • Mandatory installation of sprinklers is advocated for new build buildings, especially care homes and schools.
  • The professional indemnity insurance market has significantly hardened internationally, especially in construction and building sectors.
  • Secondary legislation of the Bill will provide specific regulatory requirements for professionals involved in managing buildings.
  • Extending liability periods from six to 15 years under the Defective Premises Act 1972 may leave gaps in insurer coverage.
  • Philip Davies introduces Matt Wrack as the general secretary of the Fire Brigades Union.
  • Rachel Hopkins asks questions about the impact of the Building Safety Bill and its establishment of a new regulator in the Health and Safety Executive.
  • The speaker is Matt Wrack from the Fire Brigades Union.
  • There has been a 40% reduction in fire safety inspecting teams over two decades.
  • Grenfell Tower was cited as a major turning point for addressing building safety risks.
  • The Bill proposes an 18-metre height cut-off which the speaker believes is incorrect.
  • The duty holder’s power to choose a building control body should be reconsidered.
  • Fire safety and building safety policy lacks broader structures that existed from 1947 to 2004.
  • London Fire Brigade has cut around 25% of fire safety inspectors over the past 11 years.
  • The accountable person role in the Bill creates significant operational challenges for local government bodies and fire services.
  • Eric Leenders is the managing director responsible for personal finance at UK Finance.
  • Eric's senior adviser in his team is a non-executive director on the New Homes Quality Board.
  • The Bill aims to ensure adequate safety and protection for homeowners, giving voice to leaseholders.
  • Alison Hills is a solicitor facing a potential bill between £150,000 to £200,000 due to building safety measures.
  • Steve Day represents a cladding crisis case involving a £30 million bill for 118 flats.
  • The Building Safety Bill is criticized for offering inadequate protection to leaseholders.
  • Royal Artillery Quays residents face a £30 million cladding bill.
  • There are internal firestopping issues costing £1.7 million.
  • The developer claims no legal liability under the Defective Premises Act and Latent Damage Act due to the age of the building.
  • Day advocates for parent company liability in construction defects cases.
  • Legislation exists allowing CMA to hold parent companies liable for subsidiaries' anticompetitive conduct.
  • The Government's programme has failed to recognise the impact on organisations.
  • Leaseholders do not own the property and have no leg to stand on for pursuing legal action.
  • There are problems under clause 124 that could result in extensive litigation.
  • The Bill does not help when buildings are over 15 years old or if developers are insolvent.
  • Aviva Investors tried to pursue £4.5 million but failed due to lack of a pleaded case for duty of care.
  • Waking watch costs £400 per leaseholder and service charges increased by up to £200 a month each.
  • Insurance has skyrocketed, with one block in Runcorn seeing a 1,400% increase.
  • Service charges have doubled due to waking watch and insurance costs.
  • The speaker is advocating for a 'full redress' scheme backed by experts and various organizations.
  • Support for the scheme includes bishops, the Earl of Lytton, and the Intermediary Mortgage Lenders Association.
  • £5.1 billion of public money is proposed for defective buildings.
  • The scheme would be under Homes England with a de minimis limit set by legislation within six months after Royal Assent.
  • There is discussion on using the Environmental Protection Act 1990 and apportionment process to avoid judicial review.
  • The Building Safety Fund has limitations on which buildings and defects it covers.
  • Leaseholders are facing potential bills of up to £200,000 due to contract disputes over the fund's terms.
  • There is a concern that expanded polystyrene (EPS) cladding is as dangerous as ACM cladding for rapid vertical fire spread.
  • The Committee will meet again on Thursday for line-by-line scrutiny of the Bill.
  • Members are asked to leave promptly while observing social distancing.
  • Zurich Insurance.
  • Association of British Insurers (ABI).
  • London Fire Brigade.
  • Long Harbour Ltd and HomeGround Management Ltd.
  • Steve Day, a campaigner on the Polluter Pays principle.
  • The Institute of Residential Property Management Limited.
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