Building Safety Bill

I must draw the House’s attention to the fact that financial privilege is engaged by Lords amendments 6, 17, 22 to 30, 103, 104, 111 to 113, 116, 120 to 127, 137 and 138. If they are agreed to, I will cause the customary entry waiving Commons financial privilege to be entered in the Journal.

Before Clause 117

Remediation of certain defects

I beg to move amendment (a) to Lords amendment 93.

With this it will be convenient to discuss the following:

Government amendment (b) to Lords amendment 93.

Lords amendment 94, and Government amendment (a) thereto.

Lords amendment 98, and Government amendments (a) to (c) thereto.

Lords amendment 107, and Government amendment (a) thereto.

Lords amendment 108, and Government amendment (a) thereto.

Lords amendment 109, and Government amendments (a) and (b) thereto.

Lords amendment 145, and Government amendment (a) thereto.

Lords amendment 184, Government amendments (a) and (b), amendment (e), Government amendments (c) and (d), and amendment (f) thereto.

Lords amendment 6, Government motion to disagree, and Government amendment (a) in lieu.

Lords amendments 1 to 5 and 7 to 25.

Lords amendment 26, and amendment (a) thereto.

Lords amendments 27 to 77.

Lords amendment 27, and Government consequential amendment (a).

Lords amendments 79 to 92, 95 to 97, 99 to 106 and 110.

Lords amendment 111, and amendment (a) thereto.

Lords amendments 112 to 144, 146 to 183 and 185 to 191.

I must start with a reminder of where this journey started: 72 people lost their lives in the Grenfell Tower tragedy, which was the largest loss of life in a residential fire since the second world war. All our thoughts are with those families who have lost loved ones. The Government are determined to ensure that such a tragedy never happens again.

I thank the Members of this House, noble Lords, cladding groups and industry stakeholders who have worked tirelessly on this landmark legislation. I remind Members that the Bill not only creates an improved building safety regulatory system but protects leaseholders, who have become victims in the building safety crisis. We have stuck to my right hon. Friend the Secretary of State’s principles on building safety, which are that we must make industry pay to fix the problems for which it is responsible; protect leaseholders; and restore common sense to the assessment of building safety risks, thereby speeding up the fixing of the highest-risk buildings and stopping buildings being declared unsafe unnecessarily .

I accept that a lot of what the Minister is saying is correct—that those who are responsible should pay and leaseholders should not—but he missed out one group that has been particularly affected by Grenfell: social housing tenants. Why is the Minister not prepared to offer them the same financial support as he is giving to leaseholders?

We continue to review all these matters. We are looking at and consulting on the whole of the affordable housing and social housing policy area, and we will come back to ensure that we get it right.

The Chairman of the Levelling Up, Housing and Communities Committee—the hon. Member for Sheffield South East (Mr Betts)—and I have been involved in the prelegislative scrutiny of the Bill and the whole process behind it. Is my right hon. Friend the Minister saying that not only can we pass the Bill today with the Government amendments but he will continue to look to revise the law and to embrace more people in the law through secondary legislation?

The Building Safety Regulator will continue to make sure that all building safety regulations are adhered to. Mention has been made of social housing tenants, social housing and affordable housing; we will consult on that further down the line so that we can be absolutely sure we have got this right. I hope that reassures my hon. Friend.

On 13 April, my right hon. Friend the Secretary of State wrote to Members to update them on the progress in the negotiations with industry. We will now see the vast majority of developers fix all the buildings that they had a role in developing or refurbishing in the past 30 years. My right hon. Friend announced last week that, in addition to the existing building safety fund, the Government will establish a new cladding remediation scheme, funded by industry contributions, to cover all other unsafe residential buildings of 11 to 18 metres that contain private leasehold properties but a developer has not accepted responsibility for fixing them or cannot be identified.

I thank the Minister for what he is saying. He will be aware that I have had significant issues in my constituency, with many affected developments. In respect of the Celestia development in particular, there have been long-standing challenges in getting answers to the questions that residents are asking. Redrow wrote to the Secretary of State to say that it will now take responsibility for paying, but it has not made clear whether that applies to Wales—the letter refers only to England. Will the Minister clarify whether he understands that such commitments are going to be UK-wide, given that it is a UK-wide issue? If they are not, what pressure will he put on Redrow to make sure that that commitment applies to Wales as well?

I do not know the specifics, to be really honest with the hon. Gentleman. He will know that I have picked this issue up lately, and if he does not mind, I will come back to him with a definitive answer.

The leaseholder protections that were introduced in the other place put our commitments into law. Qualifying leaseholders—defined as those living in their own homes or with up to three UK properties in total in buildings that are above 11 metres or five storeys—will be legally protected from all costs associated with the remediation of unsafe cladding, as will all leaseholders in buildings owned by or associated with the developer. Leaseholders in buildings above 18 metres are already protected by the Government’s £5.1 billion building safety fund for the removal of unsafe cladding. It is the Government’s expectation that developers will pay to fix buildings that they had a role in developing or refurbishing.

Has it been possible to trace any foreign companies or foreign interests that are involved in these matters? Will they be making their contribution?

My right hon. Friend raises an important point. I shall address that specific point later in my speech.

The Minister has been a breath of fresh air since he has come to the Department, and the discussions have been very productive. Will he clarify from the Dispatch Box that for leaseholders in buildings under 11 metres, who currently have no protections, the Department would be willing to look at those buildings on a case-by-case basis if support was needed?

My hon. Friend has invested a considerable amount of time in his campaign and I have enjoyed the opportunity to have those discussions with him. I will come to that point shortly, but yes, as a Department we will deal with those buildings on a case-by-case basis. I shall give more details as to why we have come to that conclusion.

We are protecting qualifying leaseholders from costs associated with non-cladding defects, including interim measures such as waking watches. Building owners and landlords will be prevented from passing on the costs to fix non-cladding defects if they are linked to, or are, the developer.

While the Bill was in the other place, the Government made a number of amendments to it that will restore fairness to the system and help those who have been unfairly impacted by building safety issues. I know that many Members wish to speak, so I do not propose to go through each of the amendments made in the other place. The Bill now not only provides for a new regulatory regime but provides an extensive set of tools, in law, to ensure that those who bear the responsibility for defects are made to pay and to protect leaseholders from crippling bills for historic defects. In response to concerns expressed by Members in both Houses and by stakeholders, we have changed how the building safety charge works and removed the legal duty to appoint a building safety manager.

The EWS1 form, which was brought about by the Royal Institution of Chartered Surveyors, has caused many problems for people trying to sell their properties. We now have PAS 9980, which will not replace EWS1, but could the Minister say that from his perspective he would rather people look at PAS 9980, as opposed to EWS1?