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Building Safety Bill - Sitting 6

16 September 2021

Proposing MP
Shipley
Type
Public Bill Committee

At a Glance

Issue Summary

The statement discusses the government's position on an amendment proposing to mandate the building safety regulator to address climate change risks such as flooding and overheating. Philip Davies is discussing clause 3 stand part and addressing an amendment that seeks to broaden the definition of safety in the Building Safety Bill. Philip Davies is addressing concerns related to clause 5 of the Building Safety Bill and whether it adequately covers building safety issues without additional amendments. The speaker discusses concerns about the Building Safety Bill's scope and its potential gaps in protecting residents in various types of buildings. The statement discusses the objectives and responsibilities of the Building Safety Regulator within the context of the Building Safety Bill, particularly focusing on the regulator's role in ensuring safety and improving building standards. Philip Davies is discussing the Building Safety Bill's Clause 4, which places a duty on the Building Safety Regulator to assist and encourage those responsible for high-rise residential buildings to ensure safety. The statement discusses the definition of 'resident' in relation to high-rise residential and other buildings covered by the Building Safety Bill. The statement discusses Clause 5 of the Building Safety Bill, which establishes a legal duty for the Building Safety Regulator to review building safety and standards. The statement discusses Clause 6 of the Building Safety Bill, which aims to improve the competence of industry professionals and building inspectors through the role of the Building Safety Regulator. MP Philip Davies is discussing the Building Safety Bill and its implications for building control independence. Christopher Pincher discusses clause 8 of the Building Safety Bill, which relates to establishing a voluntary occurrence reporting system for building safety. The statement addresses the Building Advisory Committee and related clauses in the Building Safety Bill, discussing their importance for building safety and regulatory oversight. The statement discusses the establishment of a building advisory committee and an industry competence committee under the Building Safety Bill to improve safety standards in the built environment. The statement discusses the establishment of statutory committees under the Building Safety Bill to ensure broad resident engagement and expert advice for the Building Safety Regulator. MP Philip Davies is discussing clauses 13 to 16 of the Building Safety Bill, which relate to local authorities and fire and rescue authorities providing assistance to the regulator. The statement addresses clause 13 of the Building Safety Bill, which aims to implement Dame Judith's independent review recommendation by facilitating collaboration between local authorities and fire and rescue services in regulating high-rise residential buildings. The statement discusses the provisions of the Building Safety Bill aimed at ensuring effective cooperation between the Building Safety Regulator and local authorities, fire and rescue services, and the Crown premises fire safety inspectorate. MP Philip Davies is discussing clauses 17, 18, 19, and 20 of the Building Safety Bill. The statement discusses provisions in the Building Safety Bill related to transparency and public engagement for the new Building Safety Regulator. The MP is discussing how to ensure ongoing engagement with residents regarding the Building Safety Regulator's strategic plan beyond annual reports.

Action Requested

The Government will not accept the amendment, arguing that existing powers and objectives of the Building Safety Regulator already cover mitigating the effects of climate change. The statement highlights the government's plans for future homes and buildings standards to reduce CO2 emissions by at least 75% from 2025.

Key Facts

  • The amendment aims to mandate the building safety regulator to mitigate risks due to climate change, including flood risk, coastal erosion, and overheating.
  • Existing statutory objectives of the Building Safety Regulator already cover safety issues resulting from climate change.
  • The government's future homes standard will ensure that new homes produce at least 75% fewer CO2 emissions by 2025 compared to current standards.
  • Amendment seeks to broaden the definition of 'safety' in clause 3.
  • The amendment aims to cover risks beyond high-rise buildings and fire.
  • It addresses housing health and safety issues, including air pollution, overheating, noise pollution, poor accessibility, lack of green space, and cramped living conditions.
  • Clause 5 of the Building Safety Bill states that the regulator must keep under review the safety of people in or about buildings.
  • The amendment suggests additional language regarding injury to health and wellbeing.
  • Phil Davies advocates for maintaining clarity and functionality in legislation.
  • The Building Safety Bill is seen as an improvement but has gaps in coverage for certain types of buildings.
  • Student accommodation, care homes, schools, and other existing dangerous buildings may be excluded from the scope.
  • Amendment 10 aims to define safety as 'the risk of harm arising from the location, construction or operation of buildings which may injure the health and wellbeing of individuals.'
  • The Building Safety Regulator has a responsibility to horizon scan as per clause 5.
  • Section 1 of the Building Act 1984 allows building regulations to address “welfare and convenience” alongside health and safety.
  • The amendment could redefine safety to include wellbeing, which is not necessary and could dilute the clarity of the regulator’s mission.
  • The amendment adds owners of residential units to the list of relevant persons for assistance from the Building Safety Regulator.
  • Clause 4 requires the regulator to assist and encourage those responsible for high-rise residential buildings in ensuring safety.
  • The shadow Building Safety Regulator is releasing guidance documents over the next 18 months.
  • In-scope buildings include those over 18 metres or seven storeys with two or more dwelling places.
  • Other in-scope buildings include care homes and hospitals that meet the criteria.
  • Student accommodation is included under the definition.
  • Clause 5 gives the Building Safety Regulator flexibility to monitor building safety and builder standards.
  • A new building advisory committee will be established within the Building Safety Regulator.
  • The regulator will work with residents panels, research, and other information sources to analyse risks and make recommendations.
  • Dame Judith Hackitt’s independent review highlighted the need for improved competence across the built environment sector.
  • The Building Safety Regulator will play a key role in raising industry standards by setting strategic direction for an industry competence committee.
  • The regulator may propose changes to building regulations and/or part 4 regulations under the Bill.
  • MP Philip Davies speaks about the Building Safety Bill during a Public Bill Committee sitting.
  • He suggests avoiding extensive discussions on residents’ panels during the current clause.
  • The matter of residents’ panels is to be covered more fully in clause 11.
  • Clause 8 establishes a voluntary occurrence reporting system about building safety.
  • Reports will be submitted through an online portal by persons who identify actual or potential risks to life safety.
  • The Building Safety Regulator will ensure that reports are anonymised, analysed, and published online for industry learning.
  • This system complements mandatory reporting and whistleblowing mechanisms.
  • The statement pertains to Clauses 9 through 12 of the Building Safety Bill.
  • Philip Davies is proposing that clauses 10 to 12 stand part of the Bill.
  • The building advisory committee will provide independent expert advice on matters across the built environment.
  • The industry competence committee will monitor and improve industry competence, advise regulators, and conduct research.
  • Clause 11 mandates the establishment of a residents’ panel consisting of actual high-rise residential building occupants.
  • Clause 12 allows the Secretary of State to bring forward regulations to amend or repeal provisions setting up the building advisory committee, committee on industry competence, and residents’ panel.
  • The Health and Safety Executive advises that the Bill should include flexibility for the regulator’s committee structure over time.
  • Regulations brought forward by the Secretary of State must be approved by both Houses using the affirmative procedure.
  • Clauses 13 to 16 of the Building Safety Bill are being discussed.
  • The clauses relate to local authorities and fire and rescue authorities providing assistance to the regulator.
  • Dame Judith’s independent review recommended collaboration between the Health and Safety Executive, local authority building control, and fire and rescue authorities.
  • The Building Safety Regulator will take a multidisciplinary team approach involving local authority staff and fire and rescue service personnel.
  • Local expertise is crucial for efficient regulation of high-rise residential buildings.
  • The new regulatory regime avoids the best inspectors moving to the national inspectorate, retaining local expertise.
  • The Government has spent considerable public money recruiting experts over the past 18 months.
  • Clause 3 provides legal duties for cooperation between the Building Safety Regulator and local authorities/fire services.
  • Local authorities must use competent staff when supporting the regulator (Clause 15).
  • Funding will be provided through grants from the Secretary of State and reimbursement systems.
  • Clause 17 - Strategic plan.
  • Clauses 18 to 20 are also considered for standing part of the Bill.
  • The Building Safety Regulator must consult with its residents' panel when developing its strategic plan.
  • Annual reports will be published by the regulator about information provided through mandatory occurrence reporting.
  • Clause 20 requires the regulator to publish an annual statement on how it engages residents.
  • The Building Safety Regulator must report publicly on its engagement plans.
  • Parliament will scrutinise the process of the regulator's strategic plan.
  • Clause 17, along with clauses 18 to 20, are ordered to stand part of the Bill.
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