Recommendations & Conclusions
76 items
1
Conclusion
Fifth report: Pre-legislative scrutiny …
We warmly welcome the policy intent behind the draft Bill and believe it to be a crucial step towards remedying the flaws in the building safety regime identified in the Hackitt report. Nonetheless, whilst recognising that it provides the framework for the new regulatory regime and must necessarily lack certain …
Government response. We agree with the Committee that it is important the Government’s intentions for how key elements of the new regulatory regime will operate are made clear during passage of the Building Safety Bill. The use of delegated powers is essential …
Ministry of Housing, Communities and Local Government
2
Recommendation
Fifth report: Pre-legislative scrutiny …
We urge the Government to include as much detail in the Bill itself or to publish the secondary legislation alongside it. It is especially important that this be done for core provisions such as the Gateways process and the regulation of construction products.
Government response. 12. We agree with the Committee that it is important the Government’s intentions for how key elements of the new regulatory regime will operate are made clear during passage of the Building Safety Bill. 13. The use of delegated powers …
Ministry of Housing, Communities and Local Government
3
Conclusion
Fifth report: Pre-legislative scrutiny …
Moreover, any powers in the Bill to amend primary legislation should be included only where fully justified and necessary to implement the framework set up by the Bill. They should be limited to the minimum needed to make this new policy work rather than accommodate all future policy change. For …
Government response. The Government agrees with the Committee that powers to amend primary legislation should be included only where justified and necessary. The power under paragraph 16(1)(c) of Schedule 8, for example, would have allowed the Secretary of State to amend primary …
Ministry of Housing, Communities and Local Government
4
Conclusion
Fifth report: Pre-legislative scrutiny …
We agree completely that those being given additional and sometimes onerous responsibilities under the Bill cannot reasonably be expected to implement its provisions and move to full compliance without sufficient and clearly described transition periods.
Government response. The Government welcomes the Committee’s recommendation to provide clarity to industry about what is required by when. We are working with the Health and Safety Executive to develop our plan to commence the new regime and have asked the Health …
Ministry of Housing, Communities and Local Government
5
Recommendation
Fifth report: Pre-legislative scrutiny …
We recommend that the Government publish with the Bill a clear timetable for commencement so it is clear by when the industry has to demonstrate compliance and the Building Safety Regulator establish the regime. (Paragraph 20) Leaseholders and the building safety charge
Government response. 18. The Government welcomes the Committee’s recommendation to provide clarity to industry about what is required by when. We are working with the Health and Safety Executive to develop our plan to commence the new regime and have asked the …
Ministry of Housing, Communities and Local Government
6
Conclusion
Fifth report: Pre-legislative scrutiny …
We continue to believe that residents should not bear any of the costs of remediating historical building safety defects and are deeply concerned by the Government’s failure to protect them from these costs. We are especially disturbed by its commitment to protecting them only from “unaffordable costs”. It would be …
Government response. The Government shares the Committee’s concern that leaseholders are being left to pay for expensive remediation of historic building safety defects. The Government is clear that it is the responsibility of the building owner or responsible person to ensure the …
Ministry of Housing, Communities and Local Government
7
Recommendation
Fifth report: Pre-legislative scrutiny …
The Government must recommit to the principle that leaseholders should not pay anything towards the cost of remediating historical building safety defects, and, in order to provide leaseholders with the peace of mind they deserve, amend the Bill to explicitly exclude historical costs from the building safety charge.
Government response. The Government shares the Committee’s concern that leaseholders are being left to pay for expensive remediation of historic building safety defects. The Government is clear that it is the responsibility of the building owner or responsible person to ensure the …
Ministry of Housing, Communities and Local Government
8
Conclusion
Fifth report: Pre-legislative scrutiny …
It seems self-evident that responsibility for funding remediation works lies jointly with the industry and the Government. Whilst we welcome the assurances that Pre-legislative scrutiny of the Building Safety Bill 59 the Government is looking at potential financing options for recovering costs, in the short term we see no alternative …
Government response. The Government has made an unprecedented investment in building safety to protect leaseholders from unaffordable costs. The Government has committed to fully fund the cost of replacing unsafe cladding for all leaseholders in higher-rise buildings of over seven storeys (18 …
Ministry of Housing, Communities and Local Government
9
Recommendation
Fifth report: Pre-legislative scrutiny …
The Government must announce, before they publish the Bill, its proposals for funding all historical building safety remediation works. These proposals should impose no costs on leaseholders and explicitly acknowledge that in the short term the Government must foot the bill, until such time as mechanisms for cost recovery have …
Government response. 26. The Government has made an unprecedented investment in building safety to protect leaseholders from unaffordable costs. The Government has committed to fully fund the cost of replacing unsafe cladding for all leaseholders in higher-rise buildings of over seven storeys …
Ministry of Housing, Communities and Local Government
10
Conclusion
Fifth report: Pre-legislative scrutiny …
The requirement to pay the building safety charge within 28 days of demand and the lack of effective consultation protection simply compound the unfairness, and potentially catastrophic consequences, of allowing leaseholders to be charged the cost of remedying historic defects. The 28-day deadline seems particularly unreasonable.
Government response. The ‘Building Safety Charge’ clauses in the draft Building Safety Bill are intended to give leaseholders additional assurance and transparency on costs for the ongoing costs of building safety. It was never the intention that payment for large scale remedial …
Ministry of Housing, Communities and Local Government
11
Conclusion
Fifth report: Pre-legislative scrutiny …
If the Government does not adopt our recommendation to protect leaseholders from all historic costs, we ask at the very least that it give them significantly longer than 28 days to pay the building safety charge and amend the provisions to make it clear that the consultation requirements should be …
Government response. 29. The ‘Building Safety Charge’ clauses in the draft Building Safety Bill are intended to give leaseholders additional assurance and transparency on costs for the ongoing costs of building safety. It was never the intention that payment for large scale …
Ministry of Housing, Communities and Local Government
12
Conclusion
Fifth report: Pre-legislative scrutiny …
We do not think it necessary to establish the building safety charge separate from the service charge. Aside from the unnecessary additional bureaucracy and administration costs, a separate charge means additional, separate, bills for leaseholders at intervals and within periods which may differ from those in their leases. The same …
Government response. 33. We agree with the Committee’s recommendation that charges should be transparent. The proposed Building Safety Charge has been designed to ensure that the costs leaseholders pay for building safety measures, and how they pay for them, are transparent and …
Ministry of Housing, Communities and Local Government
13
Recommendation
Fifth report: Pre-legislative scrutiny …
The Government should provide for recovery of ongoing building safety costs through existing service charge provisions while improving the transparency of such charges, preferably by implementing the Committee’s previous recommendations for standardised forms for service charge invoices. The building safety charge should be reserved only for any leases without a …
Government response. 33. We agree with the Committee’s recommendation that charges should be transparent. The proposed Building Safety Charge has been designed to ensure that the costs leaseholders pay for building safety measures, and how they pay for them, are transparent and …
Ministry of Housing, Communities and Local Government
14
Conclusion
Fifth report: Pre-legislative scrutiny …
We strongly recommend that the initial scope of the regime be enshrined in the Bill itself, and not be left to delegated legislation, in order to give stakeholders the certainty they need to prepare for the new regime.
Government response. 39. We agree with the Committee’s view that including the initial scope of the regime on the face of the Bill will provide more certainty for stakeholders. Consequently, we have amended the Bill to include most of the criteria for …
Ministry of Housing, Communities and Local Government
15
Recommendation
Fifth report: Pre-legislative scrutiny …
On balance, we consider the initial definition of “higher-risk building” proposed by the Government to be reasonable and practical, though we agree with the evidence calling for the scope to be widened in the future to include a great number of risk 60 Pre-legislative scrutiny of the Building Safety Bill …
Government response. 40. The Government welcomes the Committee’s recognition that other factors may be suitable when exploring the future expansion of the definition of “higher-risk buildings”. While Government agrees there is a limit to the types of factors upon which the scope …
Ministry of Housing, Communities and Local Government
16
Recommendation
Fifth report: Pre-legislative scrutiny …
We recommend that the Government specify in the Bill itself by way of a requirement to “have regard” the factors that must be considered in the future when the scope of the regime is expanded and that the ability of residents to evacuate the building be the principal factor. We …
Government response. 40. The Government welcomes the Committee’s recognition that other factors may be suitable when exploring the future expansion of the definition of “higher-risk buildings”. While Government agrees there is a limit to the types of factors upon which the scope …
Ministry of Housing, Communities and Local Government
17
Conclusion
Fifth report: Pre-legislative scrutiny …
We recognise that the definition of “building safety risk” is central to the scope of the regime and should be given careful consideration, but on balance we are satisfied with the current wording of clause 16. In particular, we judge that fire would be the main rapid onset event arising …
Government response. 43. We welcome the Committee’s satisfaction with the wording of Clause 16 of the draft Bill. Based on further feedback during pre-legislative scrutiny we have amended the clause to provide greater clarity on the risk that needs to be managed …
Ministry of Housing, Communities and Local Government
18
Recommendation
Fifth report: Pre-legislative scrutiny …
Given the importance of the right definition of “building safety risk”, we recommend that the Government clarify, perhaps in statutory guidance, the extent to which dutyholders need to consider risks arising from electrical and gas failures. We also recommend that the Government commit to keeping the definition under review.
Government response. 43. We welcome the Committee’s satisfaction with the wording of Clause 16 of the draft Bill. Based on further feedback during pre-legislative scrutiny we have amended the clause to provide greater clarity on the risk that needs to be managed …
Ministry of Housing, Communities and Local Government
19
Conclusion
Fifth report: Pre-legislative scrutiny …
We understand the argument for including property protection among the regulator’s objectives, but we are content that the list of objectives in the draft Bill is a sensible starting point, although we think that it should be kept under review.
Government response. 48. The Government agrees with the Committee’s recommendation that it keep the objectives of the Building Safety Regulator under review, and we believe the draft Bill already contains the appropriate mechanisms for review. 49. We are grateful to the Committee …
Ministry of Housing, Communities and Local Government
20
Recommendation
Fifth report: Pre-legislative scrutiny …
We recommend that the Government keep the objectives of the regulator in clause 3 under review and that it consider including property protection among them once the regime has been established. To this end, we recommend that the Government take a power in the Bill to amend by regulations the …
Government response. 48. The Government agrees with the Committee’s recommendation that it keep the objectives of the Building Safety Regulator under review, and we believe the draft Bill already contains the appropriate mechanisms for review. 49. We are grateful to the Committee …
Ministry of Housing, Communities and Local Government
21
Recommendation
Fifth report: Pre-legislative scrutiny …
We recommend that clause 8 be amended to provide that the regulator must direct someone else to operate the system for the giving of building safety information and cannot itself operate that system.
Government response. 53. We agree that there are strong arguments for ensuring the independence of the system for giving building safety information to relevant persons. This will help to ensure that relevant persons can have confidence in that system. 54. Having reflected …
Ministry of Housing, Communities and Local Government
22
Recommendation
Fifth report: Pre-legislative scrutiny …
We see no justification for the provision in clause 12 empowering the Secretary of State to abolish the Building Advisory Committee, the Committee on Industry Competence and the Residents’ Panel, and can see no circumstances in which this power would ever sensibly be used. We recommend that clause 12 be …
Government response. 56. The Government agrees with the Committee that the three statutory committees (the Building Advisory Committee, the Committee on Industry Competence and the Residents’ Panel) should be retained. We intend that these committees will continue to have an important role …
Ministry of Housing, Communities and Local Government
23
Conclusion
Fifth report: Pre-legislative scrutiny …
We welcome the location of the regulator within the Health and Safety Executive and agree that it has the experience and expertise to implement the new building safety Pre-legislative scrutiny of the Building Safety Bill 61 regime. We are satisfied that the provisions in the Bill already mandate a regulatory …
Government response. 13. The use of delegated powers is essential for Government to respond quickly to an evolving evidence base on building safety and any emerging risks. Through secondary legislation, the Secretary of State will be able to make regulations that support …
Ministry of Housing, Communities and Local Government
24
Recommendation
Fifth report: Pre-legislative scrutiny …
We welcome the intention to fund the regulator through a system of charging and cost recovery, and we are satisfied that the Government and the HSE are working on the detail, but we agree they should publish that detail as soon as possible. We also welcome the Minister’s partial commitment …
Government response. We welcome the Committee’s concerns about the practicalities of funding the Building Safety Regulator, and agree with the recommendation that the Government should publish further detail on the charging regime that the regulator will operate and the commitment to ringfenced …
Ministry of Housing, Communities and Local Government
25
Recommendation
Fifth report: Pre-legislative scrutiny …
We recommend that the Government publish with the Bill the details of the charging regime that the regulator will operate to fund its regulatory functions, where cost recovery is practical, and commit unequivocally to ringfenced central funding to cover the cost of functions for which cost recovery will not be …
Government response. We welcome the Committee’s concerns about the practicalities of funding the Building Safety Regulator, and agree with the recommendation that the Government should publish further detail on the charging regime that the regulator will operate and the commitment to ringfenced …
Ministry of Housing, Communities and Local Government
26
Conclusion
Fifth report: Pre-legislative scrutiny …
We are persuaded that the role of principal designer in the CDM regulations differs from the one envisaged for the new dutyholder regime and that this could cause confusion in the industry.
Government response. 60. The Government acknowledges that the Committee is persuaded that the role of principal designer in the CDM regulations differs from the one envisaged for the new dutyholder regime and that this could cause confusion in the industry.
Ministry of Housing, Communities and Local Government
27
Recommendation
Fifth report: Pre-legislative scrutiny …
We recommend that the Government work with the industry to identify and resolve any potential confusion, including, if necessary, by redefining the role of principal designer intended under the proposed new dutyholder regime. We also recommend that the role be defined in secondary legislation and that this be published alongside …
Government response. 61. The Government is working with the industry to identify and resolve any potential confusion, including, if necessary, by redefining the role of principal designer intended under the proposed new dutyholder regime. Government intends that the role be defined in …
Ministry of Housing, Communities and Local Government
28
Conclusion
Fifth report: Pre-legislative scrutiny …
We are persuaded that dutyholders at the design and construction phase could struggle to access professional indemnity insurance, although we think this will depend on how the Government chooses to exercise its powers in clause 38. For this reason, we believe that early publication of the general duties of dutyholders …
Government response. 62. The Government shares the Committee’s concern that dutyholders at the design and construction phase could struggle to access professional indemnity insurance, although we think this will depend on how the Government chooses to exercise its powers in clause 38.
Ministry of Housing, Communities and Local Government
29
Recommendation
Fifth report: Pre-legislative scrutiny …
We recommend that the Government consult further with the insurance industry and introduce the Bill only when it (a) can publish for simultaneous consideration draft building regulations showing how it will exercise its powers under clause 38 (dutyholders and general duties) and (b) has commissioned an evaluation of the availability …
Government response. 63. The Government is consulting further with the insurance industry and intends to introduce the Bill only when it can publish for simultaneous consideration draft building regulations showing how it will exercise its powers under clause 38 (dutyholders and general …
Ministry of Housing, Communities and Local Government
30
Recommendation
Fifth report: Pre-legislative scrutiny …
It seems to us that few measures are more important to raising levels of industry competence than a system of third-party accreditation and registration for design and construction professionals and that the Government must include provision in the Bill itself for the establishment and national oversight of such a system. …
Government response. 64. The Government agrees with the Committee that a system of third-party accreditation and registration for design and construction professionals is important to raising levels of industry competence.
Ministry of Housing, Communities and Local Government
31
Conclusion
Fifth report: Pre-legislative scrutiny …
We strongly recommend that the Government include provisions in the Bill itself for establishing a national system of third-party accreditation and registration for all professionals working on the design and construction of higher-risk buildings.
Government response. 65. The Government intends to include provisions in the Bill itself for establishing a national system of third-party accreditation and registration for all professionals working on the design and construction of higher-risk buildings.
Ministry of Housing, Communities and Local Government
32
Recommendation
Fifth report: Pre-legislative scrutiny …
We accept that the detail of the Gateways is best left to secondary legislation, but we think it is essential that this detail be published as soon as possible so that the industry can start to prepare for implementation. We recommend that the details of the Gateway process be published …
Government response. We agree with the Committee that it is important the Government’s intentions for how key elements of the new regulatory regime will operate are made clear during passage of the Building Safety Bill. The use of delegated powers is essential …
Ministry of Housing, Communities and Local Government
33
Recommendation
Fifth report: Pre-legislative scrutiny …
We are concerned that the Government’s proposed extension of permitted development rights would allow many building projects to bypass Gateway one and thereby weaken the whole regulatory framework for the design and construction of higher-risk buildings. We urge the Government, if it does proceed with its PDR proposals, nonetheless to …
Government response. 74. The Government acknowledges the Committee’s concerns that the proposed extension of permitted development rights would allow many building projects to bypass Gateway one and thereby weaken the whole regulatory framework for the design and construction of higher-risk buildings. We …
Ministry of Housing, Communities and Local Government
34
Recommendation
Fifth report: Pre-legislative scrutiny …
We are persuaded that Gateway process would be greatly enhanced by a requirement to appoint dutyholders before Gateway one. We recommend that the secondary legislation that will establish the Gateway process mandate the appointment of dutyholders before Gateway one.
Government response. 75. The Government is persuaded that the Gateway process would be greatly enhanced by a requirement to appoint dutyholders before Gateway one. Government intends that the secondary legislation that will establish the Gateway process mandate the appointment of dutyholders before …
Ministry of Housing, Communities and Local Government
35
Conclusion
Fifth report: Pre-legislative scrutiny …
We are concerned that the Bill only removes dutyholder choice in respect of higher- risk buildings. As a result, the majority of building control work will remain exposed to the weaknesses and conflicts of interest identified by Dame Judith Hackitt. We see no good reason not to replace dutyholder choice …
Government response. The Government does not agree with the Committee’s recommendation to remove dutyholder choice entirely from the building control system and replace it with a system of independent appointment.
Ministry of Housing, Communities and Local Government
36
Recommendation
Fifth report: Pre-legislative scrutiny …
We recommend that dutyholder choice be removed entirely from the building control system and replaced by a system of independent appointment, and that this be made explicit either in the Bill or in secondary legislation to be published alongside it.
Government response. The Government does not agree with the Committee’s recommendation to remove dutyholder choice entirely from the building control system and replace it with a system of independent appointment.
Ministry of Housing, Communities and Local Government
37
Conclusion
Fifth report: Pre-legislative scrutiny …
We understand the concern from the private building control profession about the conflict of interest arising from the regulator’s dual role as building control body for higher-risk buildings and regulator of the building control profession. While we recognise that starting afresh with this Bill would be time-consuming, this is an …
Government response. The Government acknowledges that there may be a perception of conflict arising from the Building Safety Regulator’s dual role as regulator of the building control profession and building control body for higher-risk buildings. However, we consider that this is outweighed …
Ministry of Housing, Communities and Local Government
38
Recommendation
Fifth report: Pre-legislative scrutiny …
The Government should provide clear justification for combining in one body both regulation of the industry and decision-making in relation to higher-risk buildings. If this is desirable, there must be a clear statutory requirement that those involved in decision-making about individual cases of professional competence are wholly operationally independent of …
Government response. The Government acknowledges that there may be a perception of conflict arising from the Building Safety Regulator’s dual role as regulator of the building control profession and building control body for higher-risk buildings. However, we consider that this is outweighed …
Ministry of Housing, Communities and Local Government
39
Conclusion
Fifth report: Pre-legislative scrutiny …
We understand the argument that local authority building control teams should be audited in the same way as registered building control approvers, and we are only partially convinced by the provisions allowing for the duties of a failing local Pre-legislative scrutiny of the Building Safety Bill 63 authority to be …
Government response. The Government agrees with the Committee that it is important to ensure competence of local authority building control teams and that their work is properly monitored. However, the Government does not agree with the Committee that the Bill should place …
Ministry of Housing, Communities and Local Government
40
Recommendation
Fifth report: Pre-legislative scrutiny …
We recommend that the Bill place an explicit duty on the regulator to monitor and assure the competence of local authority building control teams through provisions comparable to those for the registration of building control approvers, perhaps by mandating UKAS accreditation for all LABC teams. (Paragraph 132) Occupation
Government response. The Government agrees with the Committee that it is important to ensure competence of local authority building control teams and that their work is properly monitored. However, the Government does not agree with the Committee that the Bill should place …
Ministry of Housing, Communities and Local Government
41
Conclusion
Fifth report: Pre-legislative scrutiny …
We are concerned at the lack of detail in the draft Bill, or any draft regulations, identifying how the accountable person regime will operate in the case of multiple and complex ownership structures and repairing obligations, particularly where there are multiple accountable persons. This is another aspect which is crucial …
Government response. The Government acknowledges that multiple Accountable Persons may be responsible for a single building, for example where different organisations have repairing obligations for different parts of the building. In addition, the Government recognises that each Accountable Person may have limited …
Ministry of Housing, Communities and Local Government
42
Recommendation
Fifth report: Pre-legislative scrutiny …
We recommend that the Bill provide for a general duty to co-operate on accountable persons in respect of buildings for which there are multiple accountable persons and that the Government publish statutory guidance alongside the Bill setting out the sorts of behaviours that would be expected under such a duty.
Government response. The Government agrees with the Committee that the Bill should provide for a general duty to co-operate between Accountable Persons in respect of buildings for which there are multiple Accountable Persons. The Government also agrees with the Committee that statutory …
Ministry of Housing, Communities and Local Government
43
Conclusion
Fifth report: Pre-legislative scrutiny …
We are concerned about how the relationship between accountable persons and responsible persons will work in practice and are disappointed the Government have not taken the opportunity to rationalise all aspects of building safety—at least as regards fire risk—within a single, consistent, piece of legislation.
Government response. The Government recognises the Committee’s concerns around how the relationship between Accountable Persons and Responsible Persons will work in practice. The Government also understands that there is a degree of overlap between the roles of the Accountable Person and the …
Ministry of Housing, Communities and Local Government
44
Recommendation
Fifth report: Pre-legislative scrutiny …
In the short term, we recommend that the Government publish statutory guidance alongside the Bill outlining how it expects accountable persons and responsible persons to co-operate in practice. In the long term, we recommend that the Government review the operation of the two regimes with a view to rationalising and …
Government response. The Government agrees with the Committee that it should publish statutory guidance alongside the Bill that sets out how it expects Accountable Persons and Responsible Persons to co-operate in practice. The Government also agrees with the Committee that it should …
Ministry of Housing, Communities and Local Government
45
Conclusion
Fifth report: Pre-legislative scrutiny …
We believe that the Bill could easily mitigate the problem of some accountable persons lacking the time or expertise to understand their responsibilities adequately through the inclusion of a duty on the building safety manager to make accountable persons aware of their responsibilities under the Bill.
Government response. The Government agrees with the Committee that the Bill could mitigate the problem of some Accountable Persons lacking the time or expertise to understand their responsibilities adequately through the inclusion of a duty on the Building Safety Manager to make …
Ministry of Housing, Communities and Local Government
46
Recommendation
Fifth report: Pre-legislative scrutiny …
We recommend that the Bill place a duty on the building safety manager to inform the accountable person of their responsibilities under the Bill.
Government response. The Government agrees with the Committee that the Bill could mitigate the problem of some Accountable Persons lacking the time or expertise to understand their responsibilities adequately through the inclusion of a duty on the Building Safety Manager to make …
Ministry of Housing, Communities and Local Government
47
Conclusion
Fifth report: Pre-legislative scrutiny …
We think that the duty on the accountable person to take all reasonable steps to prevent a major incident lacks clarity and that without statutory guidance, especially on the meaning of “all reasonable steps”, the provisions will likely be a source of uncertainty and concern for those assuming the role …
Government response. The Government acknowledges the Committee’s concerns that the duty on the Accountable Person to take all reasonable steps to prevent a major incident lacks clarity and that without statutory guidance, especially on the meaning of “all reasonable steps”, the provisions …
Ministry of Housing, Communities and Local Government
48
Recommendation
Fifth report: Pre-legislative scrutiny …
We recommend that the Government publish with the Bill statutory guidance describing the kind of actions that accountable persons will have to take to comply with their duty to “take all reasonable steps” to avoid a “major incident”. We also recommend that the definition of “major incident” be amended to …
Government response. The Government agrees with the Committee that it should publish statutory guidance with the Bill describing the kind of actions that Accountable Persons will have to take to comply with their duty to “take all reasonable steps” to avoid a …
Ministry of Housing, Communities and Local Government
49
Conclusion
Fifth report: Pre-legislative scrutiny …
We agree that the safety case report is one of the most onerous responsibilities on the accountable person and that in order to prepare for implementation the industry will need to know what the safety case report will look like and what information it must contain. We therefore recommend that …
Government response. 98. The Government agrees that the safety case report is one of the most onerous responsibilities on the accountable person and that in order to prepare for implementation the industry will need to know what the safety case report will …
Ministry of Housing, Communities and Local Government
50
Conclusion
Fifth report: Pre-legislative scrutiny …
We agree that the role of building safety manager and the supply of adequately skilled individuals to fill the role will be critical to the success of the new building safety regime for higher-risk buildings. We also agree that without sight of the competence framework the industry cannot begin to …
Government response. We agree with the Committee that it is important the Government’s intentions for how key elements of the new regulatory regime will operate are made clear during passage of the Building Safety Bill. It is the Government’s intention to publish …
Ministry of Housing, Communities and Local Government
51
Recommendation
Fifth report: Pre-legislative scrutiny …
The Government must announce before the Bill is published whether it intends to adopt the competency framework for the role of building safety manager proposed in the report from Working Group 8. If it does not, it must publish with the Bill the full details of the framework it does …
Government response. We agree with the Committee that it is important the Government’s intentions for how key elements of the new regulatory regime will operate are made clear during passage of the Building Safety Bill. It is the Government’s intention to publish …
Ministry of Housing, Communities and Local Government
52
Conclusion
Fifth report: Pre-legislative scrutiny …
We think that a national system of accreditation and registration for building safety managers will be critical if stakeholders, particularly accountable persons, are to have confidence in the competence of persons undertaking that role, and that any accreditation should be done to agreed common standards.
Government response. 107. The Government agrees that a national system of accreditation and registration for building safety managers will be critical if stakeholders, particularly accountable persons, are to have confidence in the competence of persons undertaking that role, and that any accreditation …
Ministry of Housing, Communities and Local Government
53
Recommendation
Fifth report: Pre-legislative scrutiny …
We recommend that the Government provide, either in legislation or in statutory guidance, for a national system of accreditation to agreed common standards and for a central register of building safety managers.
Government response. 108. Government intends to provide, either in legislation or in statutory guidance, for a national system of accreditation to agreed common standards and for a central register of building safety managers.
Ministry of Housing, Communities and Local Government
54
Recommendation
Fifth report: Pre-legislative scrutiny …
We agree that building safety managers could well struggle to access professional indemnity insurance and that the Government must work with the industry to facilitate the design of appropriate products. We also think that early sight of the competence framework and precise responsibilities of building safety managers could help to …
Government response. We accept the recommendation, and we recognise that building safety managers could well struggle to access professional indemnity insurance. The Government is working closely with industry to ensure the competence framework and precise responsibilities of the building safety manager are …
Ministry of Housing, Communities and Local Government
55
Recommendation
Fifth report: Pre-legislative scrutiny …
We recommend that the Government work with the insurance industry to facilitate the development of appropriate professional indemnity insurance products for building safety managers. In particular, we again recommend that the Government publish the competence framework and the precise responsibilities of the building safety manager.
Government response. We accept the recommendation, and we recognise that building safety managers could well struggle to access professional indemnity insurance. The Government is working closely with industry to ensure the competence framework and precise responsibilities of the building safety manager are …
Ministry of Housing, Communities and Local Government
56
Conclusion
Fifth report: Pre-legislative scrutiny …
We agree that the lack of clarity in the Bill around the respective responsibilities, and therefore liabilities, of the accountable person and building safety manager could cause confusion and concern, especially where non-compliance could result in criminal sanction. (Paragraph 171) Pre-legislative scrutiny of the Building Safety Bill 65
Government response. The Government agrees with the Committee that there should be clarity around the respective responsibilities, and therefore liabilities, of the Accountable Person and Building Safety Manager. The Government agrees that statutory guidance should outline the respective responsibilities of Accountable Persons …
Ministry of Housing, Communities and Local Government
57
Recommendation
Fifth report: Pre-legislative scrutiny …
We recommend that the Government publish statutory guidance alongside the Bill outlining the respective responsibilities of accountable persons and building safety managers.
Government response. The Government agrees with the Committee that there should be clarity around the respective responsibilities, and therefore liabilities, of the Accountable Person and Building Safety Manager. The Government agrees that statutory guidance should outline the respective responsibilities of Accountable Persons …
Ministry of Housing, Communities and Local Government
58
Conclusion
Fifth report: Pre-legislative scrutiny …
We are concerned that resident engagement provisions could be too onerous a responsibility on accountable persons and that in many cases it would be done inadequately or not at all. We also agree that the Bill establishes a top-down model of engagement and that the formation of resident groups could …
Government response. The Government welcomes the Committee’s recognition of the importance of resident engagement. We agree that resident engagement is best achieved through a variety of means, including the formation of resident groups to empower residents. Government is committed to ensuring that …
Ministry of Housing, Communities and Local Government
59
Recommendation
Fifth report: Pre-legislative scrutiny …
We recommend that the Government consider facilitating, possibly in the Bill itself, the formation of resident groups in every higher-risk building and that these groups be required to include representatives of every type of resident in the building.
Government response. The Government welcomes the Committee’s recognition of the importance of resident engagement. We agree that resident engagement is best achieved through a variety of means, including the formation of resident groups to empower residents. Government is committed to ensuring that …
Ministry of Housing, Communities and Local Government
60
Conclusion
Fifth report: Pre-legislative scrutiny …
We think the power in clause 87 to order residents to give access is wide enough to cover the risks within the scope of Part 4, and the duties of an accountable person under clauses 72 and 73.
Government response. The Government agrees that the power in clause 87 is wide enough to cover the risks within the scope of Part 4, and the duties of an Accountable Person under clauses 72 and 73.
Ministry of Housing, Communities and Local Government
61
Conclusion
Fifth report: Pre-legislative scrutiny …
We would encourage the Government to consider making it clear on the face of the Bill whether the power in clause 87 includes authorising the use of force but express no view on the conclusion to be reached.
Government response. The Government has considered whether the power in clause 87 includes authorising the use of force and will not be making it clear on the face of the Bill whether the power in clause 87 includes authorising the use of …
Ministry of Housing, Communities and Local Government
62
Conclusion
Fifth report: Pre-legislative scrutiny …
We agree that electrical safety should be an integral part of the building safety system and that the Bill is an opportunity to require regular electrical safety checks in higher-risk buildings. We are clear, however, that no further specific duties should be placed on the accountable person with regard to …
Government response. We welcome the Committee’s recommendation and agree that the safety of all residents is paramount. In June 2020, Government bought forward legislation to require private landlords to require electrical installations to be inspected by a competent person every five years. …
Ministry of Housing, Communities and Local Government
63
Recommendation
Fifth report: Pre-legislative scrutiny …
We recommend that the Government include supplementary provisions in the Bill for mandating regular electrical safety checks in higher-risk buildings. (Paragraph 188) Construction Products and Supplementary Provisions
Government response. We welcome the Committee’s recommendation and agree that the safety of all residents is paramount. In June 2020, Government bought forward legislation to require private landlords to require electrical installations to be inspected by a competent person every five years. …
Ministry of Housing, Communities and Local Government
64
Recommendation
Fifth report: Pre-legislative scrutiny …
We strongly agree that there is insufficient clarity around the future product testing regime, although we acknowledge that discussions on the detail are ongoing. We recommend that the Government publish with the Bill its proposals for improving the product testing regime.
Government response. The Government shares the Committee’s concerns about improving the testing regime for construction products. The Government has announced an independent review into testing. The review will identify gaps and risks in the testing and certification system, and the Government will …
Ministry of Housing, Communities and Local Government
65
Conclusion
Fifth report: Pre-legislative scrutiny …
We are not persuaded that third-party certification alone would provide the transparency and accountability that we and the Hackitt report have previously recommended and still believe that details of test failures and re-run tests should also be made publicly available.
Government response. The Government agrees with the Committee that third-party certification alone is unlikely to provide the improvements in transparency and accountability that we also think are needed. The Government has announced an independent review into testing. The review will identify gaps …
Ministry of Housing, Communities and Local Government
66
Recommendation
Fifth report: Pre-legislative scrutiny …
We recommend that the Government provide for the publication of test failures and re-run tests and for the establishment of an independent and unified system of third- party certification in order to introduce greater transparency and rigour into the regulation of construction products. (Paragraph 195) 66 Pre-legislative scrutiny of the …
Government response. The Government agrees with the Committee that third-party certification alone is unlikely to provide the improvements in transparency and accountability that we also think are needed. The Government has announced an independent review into testing. The review will identify gaps …
Ministry of Housing, Communities and Local Government
67
Recommendation
Fifth report: Pre-legislative scrutiny …
We recommend that the Government establish the capacity of the testing market in the UK and, if necessary, provide the necessary funding to increase that capacity so as not to hinder the implementation of the new product testing regime.
Government response. The Government welcomes the Committee’s attention to the capacity of the testing market in the UK. The Government proposes to make regulations under Schedule 8 to the Building Safety Bill that will mean more (safety critical) products need to be …
Ministry of Housing, Communities and Local Government
68
Conclusion
Fifth report: Pre-legislative scrutiny …
We are persuaded that schedule 8 fails to treat products as parts of systems, though we recognise that discussions on this point are ongoing. The future testing regime must assess a product’s performance in combination with other products as well as in isolation.
Government response. The Government agrees that testing of multiple products and products as part of a system should be required. However, we do not believe that it would be appropriate or practical for the Government to place this duty on manufacturers as …
Ministry of Housing, Communities and Local Government
69
Recommendation
Fifth report: Pre-legislative scrutiny …
We recommend that the Government make provision, either in the Bill or in secondary legislation, for a testing regime that treats products as parts of systems, perhaps by mandating the provision of a certificate confirming how the product performs when combined with other products.
Government response. The Government agrees that testing of multiple products and products as part of a system should be required. However, we do not believe that it would be appropriate or practical for the Government to place this duty on manufacturers as …
Ministry of Housing, Communities and Local Government
70
Conclusion
Fifth report: Pre-legislative scrutiny …
The construction products regulatory regime envisaged in the Bill and accompanying documents fails to recognise that a single product may have more than one application and that it might be considered safety critical in one application but not in another. Further, this weakness in the regime could be exacerbated by …
Government response. The Government is grateful to the Committee for recognising the importance of how construction products are effectively regulated. The Government considers, however, that the regulatory system for products does recognize that any single construction product may have multiple applications.
Ministry of Housing, Communities and Local Government
71
Recommendation
Fifth report: Pre-legislative scrutiny …
We recommend that the Government set out, either in the Bill or in secondary legislation to be published alongside it, how the regime will certify individual products, as opposed to product families, and take account of products with more than one application.
Government response. The Government is grateful to the Committee for recognising the importance of how construction products are effectively regulated. The Government considers, however, that the regulatory system for products does recognize that any single construction product may have multiple applications.
Ministry of Housing, Communities and Local Government
72
Conclusion
Fifth report: Pre-legislative scrutiny …
It seems obvious that the provisions in Schedule 8 for the designation of European standards are intended to cover products with European technical assessments. It is less obvious why schedule 8 refers only to “other overseas standards”. We understand why it has caused confusion in the industry, although we accept …
Government response. The Government welcomes the Committee’s attention to this issue and accepts its recommendation.
Ministry of Housing, Communities and Local Government
73
Recommendation
Fifth report: Pre-legislative scrutiny …
We recommend that the Government make clear that the schedule as worded will cover such products or amend it so that it does.
Government response. The Government welcomes the Committee’s attention to this issue and accepts its recommendation. The Government wants to make sure that products with European technical assessments are covered by the regime and will ensure the drafting of Schedule 8 to the …
Ministry of Housing, Communities and Local Government
74
Recommendation
Fifth report: Pre-legislative scrutiny …
We cannot judge the adequacy of European harmonised standards, but we agree with the industry that the Government should indicate soon whether it has any plans to review hENs and commission new standards. The Government should indicate whether or how quickly it intends to review existing European harmonised standards.
Government response. The Government shares the Committee’s views on the need for certainty on whether the UK will continue to recognise European harmonised standards. The Government acknowledges that the British Standards Institution (BSI) is the UK’s national standards body and the BSI …
Ministry of Housing, Communities and Local Government
75
Recommendation
Fifth report: Pre-legislative scrutiny …
On balance, we are broadly satisfied with the scope of the new homes ombudsman and with the definition of terms establishing that scope, though we think that the Government should include among those permitted to make a complaint prospective buyers who are forced to pull out of a purchaser owing …
Government response. We agree with the Committee that prospective purchaser who are forced to pull out of a purchase should be able to bring such complaints to the ombudsman. The draft Building Safety Bill already specifies that the scheme may include provision …
Ministry of Housing, Communities and Local Government
76
Recommendation
Fifth report: Pre-legislative scrutiny …
We recommend that the Bill include among those permitted to make a complaint to the new homes ombudsman prospective buyers who are forced to pull out of a purchase owing to any behaviour by the developer that is itself grounds for a complaint. We also recommend that the Bill require …
Government response. We agree with the Committee that prospective purchaser who are forced to pull out of a purchase should be able to bring such complaints to the ombudsman. The draft Building Safety Bill already specifies that the scheme may include provision …
Ministry of Housing, Communities and Local Government