Source · Select Committees · Housing, Communities and Local Government Committee
Recommendation 13
13
Paragraph: 32
Product manufacturers found to have been criminally responsible for defective products extending back 30 years...
Conclusion
Product manufacturers found to have been criminally responsible for defective products extending back 30 years must be legally required to automatically replace faulty materials free of charge, including compensating others who have already paid to replace the materials in question.
Paragraph Reference:
32
Government Response
Acknowledged
HM Government
Acknowledged
The Building Safety Act introduces a range of provisions related to construction products . These are intended to require construction products companies to contribute towards the cost of putting right building safety defects that they have contributed to causing. First, we are introducing a new cause of action that will provide an additional route for redress. It will enable a party who has suffered a loss to bring civil claims against manufacturers or suppliers of construction products that are defective, mis-sold, or in breach of existing construction product regulations. If these products have been incorporated in a dwelling, and they have caused or contributed to a dwelling being unfit for habitation, then relevant parties will be able to seek compensation. We are also creating a power in the Act to make regulations that would allow the Secretary of State to make a costs contribution order or apply to the court for an order to be made, to require construction products manufacturers, their authorised representatives, importers and distributors (‘economic operators’) to contribute towards the cost of remediation works. The Secretary of State would be able to use this power following a successful prosecution for non-compliance with construction products regulations, where the relevant product has caused or contributed to dwellings being unfit for habitation. Cladding and insulation manufacturers are yet to accept their share of responsibility and come forward with a proposal. We will do whatever it takes to make sure that construction product manufacturers are held to account through the powers in the Building Safety Act. We are establishing a new Recovery Unit that will pursue firms that have failed to do the right thing, including through the courts. Other powers will also be carefully considered to make sure that there are significant commercial and reputational consequences for those firms that have not stepped up.