Key Facts

• Clive Efford reminds members of the need for concise points during discussions.
• Clause 42 deals with the transfer of approved inspectors’ functions to registered building control approvers.
• Clause 43 addresses functions exercisable only through, or with advice of, registered building inspectors.
• The clause relates to legal requirements for insurance for private sector building control professionals.
• There were difficulties in obtaining insurance for approved inspectors due to changes in the insurance market in 2019.
• The Bill makes two main changes: a duty to prepare and publish guidance on adequate insurance cover and the ability for the Secretary of State to designate bodies to approve insurance schemes.
• The government has published secondary legislation and factsheets to support the primary legislation.
• Clause 47 enables the Secretary of State to appoint specialist bodies for insurance-related tasks.
• Stakeholders such as AXA and the Association of British Insurers (ABI) have expressed concerns over the detail left to secondary legislation.
• The Government believes the reforms in the Bill create clarity for insurers.
• Lord Greenhalgh has held discussions with the insurance sector over the past year.
• Public indemnity insurance will be provided by the Government for EWS1 as a backstop where the market fails to offer necessary coverage.
• Clause 51 aims to improve information sharing between registered building control approvers and local authorities.
• Currently, approved inspectors have no explicit duty to provide project information to local authorities.
• The clause introduces criminal offences for failure to comply with requests made by local authorities.
• The clause provides powers for the Secretary of State to allocate responsibilities under Part III of the Building Act 1984 between the regulator and local authorities.
• Part III places various functions on local authorities, including issuing notices to building owners regarding work requirements such as drainage, sanitary conveniences, food storage, and means of escape.
• Regulations will require local authorities to notify the Building Safety Regulator if they intend to exercise certain part III functions.
• Amendment 20 gives Welsh Ministers power to commence provisions that apply only in Wales.
• Amendments clarify powers related to enforcement action under section 36 of the Building Act 1984.
• Schedule 5 includes minor and consequential amendments reflecting new terminology used in part 3 of the Bill.
• Amendments aim to include the Counsel General to the Welsh Government.
• Amendment 25 removes restrictions on duties to cooperate, broadening their application beyond higher-risk buildings.
• 'Welsh fire and rescue authority' and 'fire inspector' are defined for specific functions under legislation.
• Clause 55 moves certain appeals from the Secretary of State to the Building Safety Regulator.
• Appeals are also transferred from magistrates courts to the property first-tier tribunal.
• A specialist unit will be established within the first-tier tribunal to handle specific building matters.
• Schedule 6 contains amendments to the Building Act 1984 for appeals and determinations.
• The Building Safety Regulator needs funding to deliver its responsibilities.
• Local authorities can currently charge for specified building control activities as set out in the Building (Local Authority Charges) Regulations 2010.
• Clause 56 provides wider powers for regulations to set fees and charges in relation to any local authority function under the Building Act.
• Rachel Hopkins is a vice-president of the Local Government Association.
• The amendment would place an exemption for social housing from the levy introduced by clause in the Building Safety Bill.
• Social landlords have paid six times more than developers to remediate dangerous cladding, according to analysis.
• Housing associations have set aside nearly £3 billion for historical remediation costs.
• The required subsidy per affordable home currently sits at approximately £50,000.
• Research by the Local Government Association estimates that delivering compliance with high safety standards would cost over £8 billion over a 10-year period.
• The Government proposes a Building Safety Levy for developers seeking regulatory permission to build high-rise residential buildings.
• An exemption from the levy is proposed for affordable housing, including social housing.
• A consultation on the design of the levy will conclude on October 15th.
• Existing funding includes £1 billion safety fund and an additional £3.5 billion announced in February 2021.
• Developers such as Taylor Wimpey have set aside £165 million, Barratts £82 million, Persimmon £75 million, and Bellway over £130 million for remediation.
• The cost of building safety remediation is estimated at £15 billion.
• The current levy proposed by the Treasury is £2 billion.
• 274 hospitals over 18 metres in height are included under clause 57's scope, along with 10 care homes.