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Building Safety Bill - Sitting 14
21 October 2021
Type
Public Bill Committee
At a Glance
Issue Summary
Philip Davies discusses clause 132 of the Building Safety Bill, proposing an amendment to require developers' codes of practice to include measures on standards of quality work to prevent water ingress. Philip Davies is facilitating a discussion on an amendment related to building safety and water ingress prevention. The statement addresses amendments to the Building Safety Bill, focusing on construction products regulation and fire safety improvements. Philip Davies discusses Clause 137 regarding housing complaints made to a housing ombudsman and proposes an amendment to ensure tenant consultation. The statement discusses the importance of giving tenants a voice in addressing building safety issues. The statement addresses the importance of tenant engagement when dealing with systemic problems in social housing. The statement addresses the removal of the democratic filter stage in social housing complaints processes. The statement discusses the liability of officers of a body corporate under clause 138 of the Building Safety Bill. The statement discusses the Crown's application to parts 2 and 4 of the Building Safety Bill, ensuring that Crown-owned buildings are subject to the new safety regime. Philip Davies discusses amendments related to clause stand part and clause 143, and supports an amendment for stakeholder consultation before making regulations. The MP is discussing an amendment related to consultations before regulations are made under the Building Safety Bill. The statement discusses amendments to the Building Safety Bill regarding provisions and powers of commencement for the Welsh Ministers.
Action Requested
Davies proposes amending clause 132 to ensure that the code of practice includes specific measures to promote building safety by preventing water ingress. He highlights the importance of accountability and protection for residents facing issues like substandard construction and water damage in their homes.
Key Facts
- Amendment 57 seeks to insert a requirement into clause 132.
- The amendment aims to include standards relating to the prevention of water ingress in the developers’ code of practice.
- Residents of Holden Mill are facing issues such as water ingress and high-risk cladding.
- Mark Logan withdraws his amendment after a thorough discussion.
- Eddie Hughes states that developers are legally required to prevent water ingress under Part C of the Building Regulations 2010.
- The new homes ombudsman’s scheme will be established to handle complaints about non-compliance with legal requirements and technical standards.
- The clause creates a power to make regulations for construction products marketing and supply.
- Schedule 9 enables the Secretary of State to create a statutory list of safety-critical construction products.
- Clause 134 amends article 50 of the Regulatory Reform (Fire Safety) Order 2005 to enable courts to consider non-compliance with statutory guidance as tending to establish a breach of the order.
- Clause 137 aims to remove a democratic filter for complaints from tenants to the housing ombudsman.
- The amendment seeks to mandate consultation with tenants during investigations.
- ITV's 'Surviving Squalor' highlighted unacceptable living conditions in some social housing.
- The programme highlighted failures by Clarion Housing Group, managing approximately 140,000 houses.
- Social media advertising campaign launched to educate residents on how to raise complaints effectively.
- A review is underway for the tenant's voice to be at the heart of social housing practices as part of a social housing White Paper.
- Complaints from tenants are going to the new regulator of social housing.
- Clarion housing and a particular estate are used as an example.
- Clause 137 relates to the removal of the democratic filter stage introduced by the Localism Act 2011.
- Currently, social housing residents must refer their complaints to a designated person (MP, councillor or tenant panel) before escalating them to the housing ombudsman after an eight-week waiting period.
- The Green Paper consultation in 2018 found that 47% of respondents supported removing the democratic filter stage altogether.
- Clause 138 ensures individual accountability for corporate body offences.
- The Health and Safety at Work etc. Act 1974 provides similar liability provisions.
- Directors or managers can face prosecution if they were involved in the offence even after company dissolution.
- The clause provides that the Crown is bound by parts 2 and 4 of the Bill.
- The Crown Estate, Duchy of Lancaster, and Duchy of Cornwall manage property portfolios including in-scope buildings.
- Individual Crown servants can be subject to criminal sanctions under clause 141(3) of the Bill.
- Amendment 39 in clause 144 aims to require stakeholder consultation.
- Consultation stakeholders include fire safety experts, leaseholders and their representatives, local authorities, and safety and construction industry bodies.
- The amendment seeks to ensure proper democratic scrutiny of any statutory instruments laid under the Bill.
- The amendment aims to require the Secretary of State to consult with specific stakeholders before making regulations.
- Clause 7 already includes provisions for appropriate consultation under the Building Safety Bill.
- Regulations proposed by the independent Building Safety Regulator are subject to prior consultation and expert committee review.
- Amendments made to clause 146 in the Building Safety Bill.
- Certain provisions will come into force based on regulations appointed by the Welsh Ministers.
- Regulations can include transitional or saving provisions.
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