Recommendations & Conclusions
15 items
3
Recommendation
Sixteenth Report - Progress in remediat…
Accepted
The Department has no knowledge of how many care homes below 18 metres in height have dangerous cladding. The Department has published advice that the risks of unsafe cladding are increased for buildings, such as care homes, where there are residents who need significant assistance to evacuate. The Department is …
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The Department has no knowledge of how many care homes below 18 metres in height have dangerous cladding. The Department has published advice that the risks of unsafe cladding are increased for buildings, such as care homes, where there are residents who need significant assistance to evacuate. The Department is confident there are no high-rise care homes (above 18 metres in height) with dangerous cladding. However, while it estimates there are around 40,000 care homes, sheltered homes and hospitals below 18 metres in height—of which around 800 are between 11 and 18 metres—it has no data on whether any of these have unsafe cladding. While it plans to commission a data collection exercise to estimate the prevalence of unsafe cladding on residential buildings between 11 and 18 metres, it has not said it will prioritise care homes in this exercise. Nor has it announced any plans to find out what cladding is on the thousands of care homes below 11 metres. Recommendation: The Department, working with the Care Quality Commission and local authorities, should make it a priority for its forthcoming data collection exercise to identify any care homes below 18 metres which have dangerous cladding. The Department should write to us by the end of 2020 setting out progress on this and on its wider data collection. Residents of buildings with unsafe cladding face huge financial burdens, with little say in the process. Many say they are not being kept informed about the process of having their buildings made safe. In addition, residents who own their properties are incurring huge costs for safety measures, passed onto them by building owners. A major source of costs are interim fire safety measures, such as ‘waking watches’ (overnight patrols to evacuate residents in case of fire) which the Department has previously estimated at between £12,000 and £45,000 per week, per building. Leaseholders may also face significant costs for correcting wider fire safety issues revealed during t
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Government response AI summary
The government agrees to the recommendation, committing to work with MHCLG and sector representatives to improve understanding of fire safety risks in care homes below 18 metres and to provide an update on data collection by Spring 2021.
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HM Treasury
4
Recommendation
Sixteenth Report - Progress in remediat…
Accepted
The Department has not done enough to address spiralling insurance costs and ‘nil’ mortgage valuations. Private leaseholders in blocks with dangerous cladding have received ‘nil’ valuations for their properties, meaning they have found it impossible to sell or remortgage, while their insurance premiums have risen over 400% in some cases. …
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The Department has not done enough to address spiralling insurance costs and ‘nil’ mortgage valuations. Private leaseholders in blocks with dangerous cladding have received ‘nil’ valuations for their properties, meaning they have found it impossible to sell or remortgage, while their insurance premiums have risen over 400% in some cases. The Department’s introduction of an External Wall Fire Review process in December 2019 was designed to provide assurances to lenders and buyers where the external walls of apartment blocks had been inspected for safety. However, qualified professionals have had difficulty accessing the personal indemnity insurance needed to undertake these reviews, which has reduced the Progress in remediating dangerous cladding 7 availability of these inspections. In addition, following changes to departmental guidance to assess and manage the risk of external fire spread to buildings of any height, there is uncertainty whether the External Wall Fire Review process should also now apply to lower-storey buildings. The Department tells us that this is an ‘industry issue’, with efforts to address the problems with the review process being industry-led, but in our view the Department needs to step up and ensure matters are resolved quickly. Recommendation: The Department should ensure that cross-sector work to resolve issues with the External Wall Fire Review process progress at pace. As part of this cross-sector work, the Department must ensure that professionals can acquire indemnity insurance, and leaseholders are not facing escalating insurance premiums. The Department should write to us within three months setting out its assurance that these processes are operating effectively.
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Government response AI summary
The government agrees with the recommendation and aims for May 2021 implementation. It will encourage lenders to adopt proportionate EWS1 responses, lead cross-sector workstreams to resolve professional indemnity insurance and capacity issues, and work with industry on escalating insurance premiums. The department commits to provide …
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HM Treasury
7
Recommendation
Sixteenth Report - Progress in remediat…
Accepted
Aluminium composite material cladding is not the only form of flammable cladding that has prompted serious safety concerns.19 In January 2020 the Department published 9 Q 19 10 Q 59 11 C&AG’s Report, paragraph 11 12 Hansard HC, 19 July 2019, vol 663, col 56WS. 13 Qq 20, 22 14 …
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Aluminium composite material cladding is not the only form of flammable cladding that has prompted serious safety concerns.19 In January 2020 the Department published 9 Q 19 10 Q 59 11 C&AG’s Report, paragraph 11 12 Hansard HC, 19 July 2019, vol 663, col 56WS. 13 Qq 20, 22 14 Qq 23–24; Note dated 17 July 2020 from Ministry of Housing, Communities and Local Government. 15 Q 24; C&AG’s Report, para 1.32 16 Dame Judith Hackitt, Building a Safer Future: Independent Review of Building Regulations and Fire Safety: Final Report (Hackitt report), Cm 9607, Ministry of Housing, Communities & Local Government, May 2018. 17 Q 25 18 Q 26; Note dated 17 July 2020 from Ministry of Housing, Communities and Local Government. 19 C&AG’s Report, para 6 10 Progress in remediating dangerous cladding advice from its independent expert advisory panel on fire safety, that nonfire-retardant panels made from high-pressure laminate (HPL) present a notable fire hazard on high- rise residential buildings, and should be replaced immediately.20 The Department told us there were around 1,700 high-rise buildings with such unsafe non-ACM cladding.21 In March 2020 the Chancellor announced a £1 billion Building Safety Fund to finance the replacement of such cladding in the private leasehold and social housing sectors.22 The Department was clear that a key reason for this funding, as in its funding to remove ACM cladding in the private sector, was to protect leaseholders from facing “unacceptable costs, in the tens of thousands of pounds”.23
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Government response AI summary
The government accepts the recommendation, acknowledging non-ACM cladding concerns, outlining its actions to broaden the ban on combustible materials, and committing to provide an update on remediation progress by December 2020.
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HM Treasury
8
Recommendation
Sixteenth Report - Progress in remediat…
Accepted
The Department told us it estimated the costs of replacing this cladding as between £3 billion and £3.5 billion; the new £1 billion fund would therefore be expected to cover up to a third of these costs. It said the fund was not designed to fund the replacement of all …
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The Department told us it estimated the costs of replacing this cladding as between £3 billion and £3.5 billion; the new £1 billion fund would therefore be expected to cover up to a third of these costs. It said the fund was not designed to fund the replacement of all unsafe non-ACM cladding from high-rises, but would focus on those cases where affordability to leaseholders was the greatest barrier to cladding replacement.24 The Department said it was operating with an expectation that those private building owners which could afford to pay for cladding replacement themselves would do so; however it was unable at this stage to say what proportion that might be.25 It further expected that all those social landlords (housing associations and local authorities) which could afford to, would also pay for these works themselves—though it was unable to suggest how many were already taking this work on without funding, nor what the impacts would be on their finances if they absorbed these costs themselves.26 Despite these uncertainties the Department was confident that the fund would be sufficient to pay for all the buildings in the private sector, where building owners would not pay for the works themselves.27 At the same time, it said it would operate a ‘first come, first served’ approach to distributing the fund, which we took to suggest that funding might in fact run out before all claims were met. The Department was unable to provide details on what ‘first come, first served’ would mean in practice, including how it would date applications to ensure they were paid in the order they came in; nor could it assure us that those buildings with the greatest risks would be prioritised.28
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Government response AI summary
The government accepts the recommendation and clarifies that the Building Safety Fund will prioritise remediation for buildings 18 metres and above where financial barriers are greatest, assessing eligibility based on risk and leaseholder finances, and will provide an update on financial support.
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HM Treasury
9
Recommendation
Sixteenth Report - Progress in remediat…
Accepted
The Department intends for the £1 billion Building Safety Fund for non-ACM cladding to be committed in full by the end of the 2020–21 financial year. The National Audit Office has suggested that this timetable would pose potentially significant challenges for the Department to address.29 It would certainly require an …
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The Department intends for the £1 billion Building Safety Fund for non-ACM cladding to be committed in full by the end of the 2020–21 financial year. The National Audit Office has suggested that this timetable would pose potentially significant challenges for the Department to address.29 It would certainly require an acceleration in administration compared to the existing fund for the replacement of ACM cladding in the private sector: the Department told us that in the months since that fund had opened at the start of January 2020, it had committed £33 million (of the total £200 million available).30 Regarding the private sector ACM fund, the Department has imposed stringent financial checks on 20 Ministry of Housing, Communities & Local Government, Advice for Building Owners of Multi-storey, Multi- occupied Residential Buildings, January 2020. 21 Q 28 22 HM Treasury, Budget 2020: Delivering on our promises to the British people, HC 121, March 2020, p 80. 23 Q 131 24 Q 81 25 Q 93 26 Qq 84, 125–6 27 Q 114 28 Qq 65–69 29 C&AG’s Report, para 2.21 30 Q 59 Progress in remediating dangerous cladding 11 applications, which it believes have been essential to safeguard public money and legality.31 Additionally, building owners have in practice required significant technical support.32 As a result, administration of the private sector ACM fund has been resource-intensive.33 The Department told us that one of the main lessons it had learnt from this ACM fund, and which gave it confidence it could commit the much bigger Building Safety Fund in full by the end of March next year, was the need to provide extensive support to applicants.34 This suggests the Building Safety Fund will also be resource-intensive to administer. Care homes
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Government response AI summary
The government accepts the recommendation, stating it has engaged industry to ensure sufficient capacity and will provide an update on resources to inspect and remediate buildings by December 2020.
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HM Treasury
10
Conclusion
Sixteenth Report - Progress in remediat…
Accepted
The Department said it was unacceptable that buildings of any height had unsafe cladding, not just high-rise buildings (i.e. those above 18 metres in height). Nevertheless, it said it was not funding the replacement of cladding in buildings below 18 metres, but was seeking to strengthen the legal obligations on …
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The Department said it was unacceptable that buildings of any height had unsafe cladding, not just high-rise buildings (i.e. those above 18 metres in height). Nevertheless, it said it was not funding the replacement of cladding in buildings below 18 metres, but was seeking to strengthen the legal obligations on building owners to take action themselves.35 The Department said it was about to begin a data collection exercise to help it understand the prevalence of dangerous cladding on buildings between 11 and 18 metres in height. It estimates there are around 88,000 buildings in this height range in total in England, but could not yet estimate what proportion have unsafe cladding.36 It was not aiming to establish a comprehensive database on every building between 11 and 18 metres, but would review what was feasible to achieve in this review after an initial three-month pilot phase.37
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Government response AI summary
The department commits to writing to the Committee in spring 2021 to provide an update on the data collection exercise regarding external wall systems on 11-18 metre high residential buildings.
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HM Treasury
12
Conclusion
Sixteenth Report - Progress in remediat…
Accepted
The Department understands there are around 40,000 care homes, sheltered homes, and hospitals (i.e. buildings with residents who might need significant assistance to evacuate) below 18 metres in England, of which 98% are below 11 metres (less than four storeys).40 That 2% are above four storeys would still equate to …
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The Department understands there are around 40,000 care homes, sheltered homes, and hospitals (i.e. buildings with residents who might need significant assistance to evacuate) below 18 metres in England, of which 98% are below 11 metres (less than four storeys).40 That 2% are above four storeys would still equate to around 800 care homes, sheltered homes, and hospitals between 11 and 18 metres in height. The Department said that in its data collection exercise on buildings in this height range it was “going to look at sampling in key areas where we know there are particular types of building”, but did not explicitly say it would prioritise buildings with elderly or vulnerable residents. Neither did the Department suggest it was seeking to identify how many of the approximately 39,200 low-rise care homes, sheltered homes, and hospitals have dangerous cladding on them.41 31 C&AG’s Report, para 1.20 32 Q 64 33 C&AG’s Report, para 2.21 34 Q 64 35 Qq 145, 146 36 Qq 101–3, 110 37 Q 128 38 Ministry of Housing, Communities & Local Government, Advice for Building Owners of Multi-storey, Multi- occupied Residential Buildings, January 2020. 39 Q 109; C&AG’s Report, para 2.8 40 Q 109 41 Qq 108–11 12 Progress in remediating dangerous cladding 2 Issues beyond remediation Emotional and financial impact on residents
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Government response AI summary
The government commits to writing to the Committee in Spring 2021 with an update on data collection for external wall systems of 11-18 metres high residential buildings, addressing the committee's observation about data on care homes.
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HM Treasury
13
Conclusion
Sixteenth Report - Progress in remediat…
Accepted
The number of residents living in buildings with unsafe cladding is not clear. The Department estimates there are over 20,000 homes in around 240 high-rise buildings yet to be remediated with unsafe cladding similar to that used on the Grenfell Tower.42 However, this number does not cover all buildings with …
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The number of residents living in buildings with unsafe cladding is not clear. The Department estimates there are over 20,000 homes in around 240 high-rise buildings yet to be remediated with unsafe cladding similar to that used on the Grenfell Tower.42 However, this number does not cover all buildings with unsafe cladding. The Department estimates an additional 1,700 high-rise buildings with other forms of unsafe cladding, and an unknown number with unsafe cladding not classed as high-rise (below 18 metres).43 This puts the number of those homes affected in the many tens of thousands, and the number of residents into multiples more.
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Government response AI summary
The government commits to writing to the Committee in Spring 2021 with an update on data collection for external wall systems of 11-18 metres high residential buildings, directly addressing the committee's concern about unclear numbers of affected residents in such buildings.
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HM Treasury
14
Conclusion
Sixteenth Report - Progress in remediat…
Accepted
Living in unsafe buildings has clearly impacted residents’ mental well-being. According to a survey undertaken by UK Cladding Action Group, of the 550 residents that took part, nine out of ten leaseholders in flats with unsafe cladding say their mental health has deteriorated as a direct result.44 We received written …
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Living in unsafe buildings has clearly impacted residents’ mental well-being. According to a survey undertaken by UK Cladding Action Group, of the 550 residents that took part, nine out of ten leaseholders in flats with unsafe cladding say their mental health has deteriorated as a direct result.44 We received written evidence confidentially from residents of affected buildings which highlighted the feeling of being trapped and the daily emotional strain.
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Government response AI summary
The government agrees with the committee's observation, committing to providing greater transparency for residents, giving them a stronger voice through the Building Safety Bill, and allocating £1.6 billion for remediation. It is also investigating steps to reduce waking watch costs and encourages use of more …
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HM Treasury
15
Conclusion
Sixteenth Report - Progress in remediat…
Accepted
Private leaseholders’ emotional strain has been compounded by rising costs passed on to them by their building owners. These costs are often as a result of interim fire safety measures. The Department estimated a common interim measure, waking watches (overnight patrols to evacuate residents in case of fire), to range …
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Private leaseholders’ emotional strain has been compounded by rising costs passed on to them by their building owners. These costs are often as a result of interim fire safety measures. The Department estimated a common interim measure, waking watches (overnight patrols to evacuate residents in case of fire), to range between £12,000 and £45,000 per week per building depending on the number of individuals and hours covered.45 We received written evidence confidentially for a block where the reserves built up by the leaseholders over 20 years were exhausted in around three months as a result of waking watch costs. The Department told us that building owners “would—or should—consult their leaseholders and explain to them what costs are being put in place and what they are being charged”.46 In response to the concerns we raised about such costs, the Department told us that it is not collecting information on waking watch costs. It told us that it is working with the National Fire Chiefs Council to update their guidance on interim measures, which includes promoting more cost-effective measures to ensure that private leaseholders are more informed consumers.47 We understand the government plans to publish data on the costs of waking watch to ensure greater transparency, which we welcome.48 However, as the Department accepts, these are temporary measures which should never have become permanent fixtures.49
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Government response AI summary
The government states that it has already published data on waking watch costs in October 2020 to provide transparency, and the National Fire Chiefs Council has already published updated guidance promoting cost-effective interim measures.
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HM Treasury
16
Conclusion
Sixteenth Report - Progress in remediat…
Accepted
Additional costs may also arrive through wider fire safety issues discovered during remediation works and need correction. The National Audit Office found that cladding inspection has revealed other significant flaws in construction and fire safety in many 42 Ministry of Housing, Communities & Local Government, Building Safety Programme: Monthly Data …
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Additional costs may also arrive through wider fire safety issues discovered during remediation works and need correction. The National Audit Office found that cladding inspection has revealed other significant flaws in construction and fire safety in many 42 Ministry of Housing, Communities & Local Government, Building Safety Programme: Monthly Data Release – June 2020, 16 July 2020. 43 C&AG’s Report, paras 2.5, 2.7 44 UK Cladding Action Group, UKCAG Mental Health Report, June 2020 45 C&AG’s report, para 2.13 46 Q 54 47 Qq 48–54 48 Hansard HC, 14 July 2020, vol 678, col 1492 49 Q 72 Progress in remediating dangerous cladding 13 cases.50 Any additional costs beyond the work to remove and replace dangerous cladding are not covered by the £1.6 billion funding schemes. The Department was clear to us that remediating buildings is its priority, and that this would in turn remove the need and costs of interim measures.51 The funds do not take account of buildings below 18 metres with unsafe cladding. The Department told us it is not running a specific remediation programme for these buildings, but it has strengthened the obligations on building owners, and it is strengthening enforcement as well: “It is for building owners to take action on those buildings”.52
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Government response AI summary
The government agrees with the committee's (implicit) recommendation, outlining actions such as speeding up remediation of wider fire safety issues, providing £1.6bn subsidy, publishing advice notes, consulting on a new Building Safety Regulator, working with RICS on valuation, and updating on data collection for 11-18m …
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HM Treasury
17
Conclusion
Sixteenth Report - Progress in remediat…
Accepted
We asked the Department if it knew of any impact to social sector rents as a result of cladding replacement. It told us that it does not collect the information currently, but it has received information from social landlords, and is considering what further programme monitoring it can do.53 Insurance …
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We asked the Department if it knew of any impact to social sector rents as a result of cladding replacement. It told us that it does not collect the information currently, but it has received information from social landlords, and is considering what further programme monitoring it can do.53 Insurance and lending
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Government response AI summary
The government has accepted the implied recommendation for better data collection and is developing a new system for external wall systems, which will capture key building data and tenure, with collection expected to start in early 2021.
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HM Treasury
19
Conclusion
Sixteenth Report - Progress in remediat…
Accepted
However, the process has not been working as intended. The process can be expensive and lasts for only five years, with costs often passed onto leaseholders.57 The process has been slow; the demand for the work to inspect external walls has outweighed the supply of the professionals with the skills …
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However, the process has not been working as intended. The process can be expensive and lasts for only five years, with costs often passed onto leaseholders.57 The process has been slow; the demand for the work to inspect external walls has outweighed the supply of the professionals with the skills to do so. This has been compounded by the difficulties these professionals have had in acquiring indemnity insurance to undertake the work.58 The Association of British Insurers wrote to us saying that the EWS1 form had been created without any consultation with the insurance industry.59 The scope has also drifted; we received written evidence to suggest that the process may be being used on buildings below 18 metres, beyond its intended remit of 18 metres and above.60 This 50 C&AG’s report, para 1.21 51 Q 49 52 Q 144 53 Qq 125–126 54 Building Societies Association (RDC0009), Local Government Association (RDC0003), Greater Manchester High Rise Task Force (RDC0014) 55 Q 138 56 Royal Institution of Chartered Surveyors, Form EWS1: External Wall Fire Review, December 2019. 57 Housing, Communities and Local Government Committee, Cladding: progress of remediation, Session 2019–21, HC 172, 18 May 2020 [12 June 2020]. 58 Q 58; Housing, Communities and Local Government Committee, Cladding: progress of remediation, Session 2019–21, HC 172, 18 May 2020 [12 June 2020]. 59 Association of British Insurers (RDC0007) 60 UK Finance (RDC0010), National Fire Chiefs Council (RDC0008) 14 Progress in remediating dangerous cladding has been acknowledged by the Minister for Housing.61 The uncertainty by the sector is reflective of changes to departmental guidance in January 2020, which now includes the need to assess and manage the risk of external fire spread to buildings of any height.62
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Government response AI summary
The government agrees with the committee's concerns, setting a May 2021 target. It is encouraging lenders to use a more proportionate approach for EWS1 forms, has joint workstreams to address professional capacity and indemnity insurance, and is working with industry on building insurance challenges. The …
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HM Treasury
24
Recommendation
Sixteenth Report - Progress in remediat…
Accepted
We raised concerns with the Department about the ability to complete remediation work by the end of 2021 with the current skills capacity. The Department told us that it believes there is sufficient capacity, but recognised the timescale as “challenging”.77 The Department told us that the additional construction and consultancy …
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We raised concerns with the Department about the ability to complete remediation work by the end of 2021 with the current skills capacity. The Department told us that it believes there is sufficient capacity, but recognised the timescale as “challenging”.77 The Department told us that the additional construction and consultancy expertise that it has brought in this year will support the process of plans, and that it has begun to look at supply chain issues through its project management contractor. It also told us that it is working with the Fire Industry Association and the Institution of Fire Engineers on the future strategies at increasing the number of qualified fire engineers.78
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Government response AI summary
The government describes its ongoing efforts, stating it has engaged industry from the outset to ensure sufficient capacity and address supply chain blockages, including establishing the Industry Response Group.
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HM Treasury
25
Recommendation
Sixteenth Report - Progress in remediat…
Accepted
The demand for resources to inspect and remediate buildings with safety concerns is already high and set to increase with the new £1 billion Building Safety Fund. The Department estimates there to be around 1,700 buildings with unsafe non-ACM cladding within scope of the Building Safety Fund; this is in …
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The demand for resources to inspect and remediate buildings with safety concerns is already high and set to increase with the new £1 billion Building Safety Fund. The Department estimates there to be around 1,700 buildings with unsafe non-ACM cladding within scope of the Building Safety Fund; this is in addition to the 455 buildings with unsafe Grenfell-style ACM cladding. The Department told us that it had already received hundreds of applications for the Building Safety Fund in the first month, all of which it is aiming to assess and approve by April 2021.79 The Department told us it was surprised at the lack expertise and competence among building owners to conduct the projects with the previous two funding schemes, and that the introduction of technical support is a big difference with the Building Safety Fund.80 73 Local Government Association (RDC0003) 74 Q 138 75 Qq 135–137 76 Note dated 17 July 2020 from Ministry of Housing, Communities & Local Government, paras 10–11. 77 Q 122 78 Q 104 79 Q 63 80 Q 64 16 Progress in remediating dangerous cladding
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Government response AI summary
The government accepts the recommendation, outlining that it has engaged industry to ensure capacity and established an Industry Response Group, and will provide an update on resources to the Committee by December 2020.
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HM Treasury