Source · Select Committees · Housing, Communities and Local Government Committee
Recommendation 6
6
Paragraph: 31
We continue to believe that residents should not bear any of the costs of remediating...
Conclusion
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 unacceptable and an abdication of responsibility to make them contribute a single penny towards the cost of remediating defects for which they were not responsible.
Paragraph Reference:
31
Government Response
Acknowledged
HM Government
Acknowledged
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 safety of residents and have called on them to do all they can to protect leaseholders from these costs and where possible seek redress from those responsible. We are widening the opportunities to seek redress against those who created these defects when flats and houses were built. We are extending the limitation period for claims under section 1 of the Defective Premises Act 1972 from six years to fifteen, with retrospective effect. This means that, as well as applying to future work, claims will also be able to be brought for buildings that were completed up to fifteen years prior to the provision coming into force. It is vital that remediation work is done properly. That is why, going forward, we are also expanding the type of work that qualifies for compensation under the Defective Premises Act to include remediation and refurbishments. We will also be commencing section 38 of the Building Act 1984, which allows compensation to be brought for physical damage caused by a breach of building regulations. Both measures will be subject to a fifteen-year limitation period and will strengthen rights to redress against inadequate work done in the future. Where leaseholders are being passed costs, the Government has committed to fully funding the cost of replacing unsafe cladding for all leaseholders in higher-rise buildings of more than seven storeys (18 metres) - ensuring tax-payer funding is targeted at removing the most dangerous materials from the highest risk buildings in line with independent expert advice. The Government agrees with the recommendation to exclude historical costs from the Building Safety Charge. The Building Safety Charge will only cover the ongoing costs of the new regime. This will give leaseholders assurance, transparency, and protection in relation to ongoing building safety costs. We believe that by providing this transparency on these costs leaseholders will be able to hold their Accountable Person to account for providing safety to their building in the most effective and efficient way.