Pre-legislative scrutiny of the Building Safety Bill

Housing, Communities and Local Government Committee Closed Legislative scrutiny
Opened: 11 Jun 2020 Closed: 15 Jul 2021 Parliament page
The Draft Building Safety Bill was published on 20 July 2020 and will, according to the Secretary of State, “deliver the biggest changes to building safety for nearly 40 years and make residents safer in their homes.” The draft Building Safety Bill takes forward the Government’s commitment to fundamental reform … Read more
42 Recommendations
34 Conclusions
1 Report
5 Oral sessions
14 Letters
5 Events
Activity timeline 26 events
7 Sep
2021
Correspondence
19 Jul
2021
Correspondence
13 Jul
2021
Correspondence
7 Jul
2021
Report published
24 Nov
2020
Report published
23 Oct
2020
Correspondence
23 Oct
2020
Correspondence
19 Oct
2020
Oral evidence
19 Oct
2020
Formal meeting (oral evidence session) · Room 6, Palace of Westminster
16 Oct
2020
Correspondence
16 Oct
2020
Correspondence
6 Oct
2020
Correspondence
Oral evidence sessions 5 sessions
19 Oct 2020
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Oral Evidence
Chandru Dissanayeke · Department for Levelling Up, Housing and Communities Michael Wade OBE · Ministry of Housing, Communities and Local Government The Lord Greenhalgh · Ministry of Housing, Communities and Local Government
5 Oct 2020
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Oral evidence
Dame Judith Hackitt · Building Control Independent Panel Peter Baker · Health and Safety Executive Sarah Albon · Health and Safety Executive
28 Sep 2020
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Oral evidence
Dr Nigel Glen · Association of Residential Managing Agents James Dalton · Association of British Insurers (ABI) Martin Boyd · Leasehold Knowledge Partnership Richard Silva · Long Harbour Victoria Moffett · National Housing Federation
21 Sep 2020
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Oral evidence
Dr Debbie Smith OBE · BRE Group Dr Scott Steedman · British Standards Institution Mrs Lorna Stimpson · Local Authority Building Control Peter Capelhorn · Construction Products Association Steve Wood · National House Building Council The Lord Porter of Spalding CBE · Local Government Association (LGA)
14 Sep 2020
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Oral Evidence
Adrian Dobson · Royal Institute of British Architects Graham Watts OBE · Construction Industry Council Roy Wilsher · National Fire Chiefs Council Sir Ken Knight · Building Safety Independent Expert Advisory Panel
Title HC No. Published Items Response
Fifth report: Pre-legislative scrutiny of the Building Safety Bi… HC 466 24 Nov 2020 76 Responded
Recommendations & Conclusions
76 results
1 Conclusion
Fifth report: Pre-legislative scru…
We warmly welcome the policy intent behind the draft Bill and believe it to be...
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 … Read more
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 … Read more
Ministry of Housing, Communities and Local Government
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2 Recommendation
Fifth report: Pre-legislative scru…
We urge the Government to include as much detail in the Bill itself or to...
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 … Read more
Ministry of Housing, Communities and Local Government
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3 Conclusion
Fifth report: Pre-legislative scru…
Moreover, any powers in the Bill to amend primary legislation should be included only where...
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 … Read more
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, … Read more
Ministry of Housing, Communities and Local Government
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4 Conclusion
Fifth report: Pre-legislative scru…
We agree completely that those being given additional and sometimes onerous responsibilities under the Bill...
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. Read more
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 … Read more
Ministry of Housing, Communities and Local Government
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5 Recommendation
Fifth report: Pre-legislative scru…
We recommend that the Government publish with the Bill a clear timetable for commencement so...
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 … Read more
Ministry of Housing, Communities and Local Government
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6 Conclusion
Fifth report: Pre-legislative scru…
We continue to believe that residents should not bear any of the costs of remediating...
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 … Read more
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 … Read more
Ministry of Housing, Communities and Local Government
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7 Recommendation
Fifth report: Pre-legislative scru…
The Government must recommit to the principle that leaseholders should not pay anything towards the...
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 … Read more
Ministry of Housing, Communities and Local Government
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8 Conclusion
Fifth report: Pre-legislative scru…
It seems self-evident that responsibility for funding remediation works lies jointly with the industry and...
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 … Read more
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 … Read more
Ministry of Housing, Communities and Local Government
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9 Recommendation
Fifth report: Pre-legislative scru…
The Government must announce, before they publish the Bill, its proposals for funding all historical...
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 … Read more
Ministry of Housing, Communities and Local Government
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10 Conclusion
Fifth report: Pre-legislative scru…
The requirement to pay the building safety charge within 28 days of demand and the...
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. … Read more
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 … Read more
Ministry of Housing, Communities and Local Government
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11 Conclusion
Fifth report: Pre-legislative scru…
If the Government does not adopt our recommendation to protect leaseholders from all historic costs,...
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 … Read more
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. … Read more
Ministry of Housing, Communities and Local Government
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12 Conclusion
Fifth report: Pre-legislative scru…
We do not think it necessary to establish the building safety charge separate from the...
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 … Read more
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 … Read more
Ministry of Housing, Communities and Local Government
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13 Recommendation
Fifth report: Pre-legislative scru…
The Government should provide for recovery of ongoing building safety costs through existing service charge...
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 … Read more
Ministry of Housing, Communities and Local Government
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14 Conclusion
Fifth report: Pre-legislative scru…
We strongly recommend that the initial scope of the regime be enshrined in the Bill...
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 … Read more
Ministry of Housing, Communities and Local Government
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15 Recommendation
Fifth report: Pre-legislative scru…
On balance, we consider the initial definition of “higher-risk building” proposed by the Government to...
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 … Read more
Ministry of Housing, Communities and Local Government
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16 Recommendation
Fifth report: Pre-legislative scru…
We recommend that the Government specify in the Bill itself by way of a requirement...
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 … Read more
Ministry of Housing, Communities and Local Government
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17 Conclusion
Fifth report: Pre-legislative scru…
We recognise that the definition of “building safety risk” is central to the scope of...
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 … Read more
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 … Read more
Ministry of Housing, Communities and Local Government
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18 Recommendation
Fifth report: Pre-legislative scru…
Given the importance of the right definition of “building safety risk”, we recommend that the...
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 … Read more
Ministry of Housing, Communities and Local Government
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19 Conclusion
Fifth report: Pre-legislative scru…
We understand the argument for including property protection among the regulator’s objectives, but we are...
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 … Read more
Ministry of Housing, Communities and Local Government
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20 Recommendation
Fifth report: Pre-legislative scru…
We recommend that the Government keep the objectives of the regulator in clause 3 under...
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 … Read more
Ministry of Housing, Communities and Local Government
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21 Recommendation
Fifth report: Pre-legislative scru…
We recommend that clause 8 be amended to provide that the regulator must direct someone...
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.
Ministry of Housing, Communities and Local Government
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22 Recommendation
Fifth report: Pre-legislative scru…
We see no justification for the provision in clause 12 empowering the Secretary of State...
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 … Read more
Ministry of Housing, Communities and Local Government
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23 Conclusion
Fifth report: Pre-legislative scru…
We welcome the location of the regulator within the Health and Safety Executive and agree...
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 … Read more
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 … Read more
Ministry of Housing, Communities and Local Government
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24 Recommendation
Fifth report: Pre-legislative scru…
We welcome the intention to fund the regulator through a system of charging and cost...
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 … Read more
Ministry of Housing, Communities and Local Government
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25 Recommendation
Fifth report: Pre-legislative scru…
We recommend that the Government publish with the Bill the details of the charging regime...
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 … Read more
Ministry of Housing, Communities and Local Government
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26 Conclusion
Fifth report: Pre-legislative scru…
We are persuaded that the role of principal designer in the CDM regulations differs from...
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 … Read more
Ministry of Housing, Communities and Local Government
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27 Recommendation
Fifth report: Pre-legislative scru…
We recommend that the Government work with the industry to identify and resolve any potential...
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 … Read more
Ministry of Housing, Communities and Local Government
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28 Conclusion
Fifth report: Pre-legislative scru…
We are persuaded that dutyholders at the design and construction phase could struggle to access...
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 … Read more
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 … Read more
Ministry of Housing, Communities and Local Government
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29 Recommendation
Fifth report: Pre-legislative scru…
We recommend that the Government consult further with the insurance industry and introduce the Bill...
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 … Read more
Ministry of Housing, Communities and Local Government
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30 Recommendation
Fifth report: Pre-legislative scru…
It seems to us that few measures are more important to raising levels of industry...
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 … Read more
Ministry of Housing, Communities and Local Government
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31 Conclusion
Fifth report: Pre-legislative scru…
We strongly recommend that the Government include provisions in the Bill itself for establishing a...
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 … Read more
Ministry of Housing, Communities and Local Government
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32 Recommendation
Fifth report: Pre-legislative scru…
We accept that the detail of the Gateways is best left to secondary legislation, but...
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 … Read more
Ministry of Housing, Communities and Local Government
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33 Recommendation
Fifth report: Pre-legislative scru…
We are concerned that the Government’s proposed extension of permitted development rights would allow many...
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, … Read more
Ministry of Housing, Communities and Local Government
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34 Recommendation
Fifth report: Pre-legislative scru…
We are persuaded that Gateway process would be greatly enhanced by a requirement to appoint...
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. Read more
Ministry of Housing, Communities and Local Government
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35 Conclusion
Fifth report: Pre-legislative scru…
We are concerned that the Bill only removes dutyholder choice in respect of higher- risk...
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. … Read more
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
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36 Recommendation
Fifth report: Pre-legislative scru…
We recommend that dutyholder choice be removed entirely from the building control system and replaced...
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.
Ministry of Housing, Communities and Local Government
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37 Conclusion
Fifth report: Pre-legislative scru…
We understand the concern from the private building control profession about the conflict of interest...
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 … Read more
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 … Read more
Ministry of Housing, Communities and Local Government
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38 Recommendation
Fifth report: Pre-legislative scru…
The Government should provide clear justification for combining in one body both regulation of the...
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 … Read more
Ministry of Housing, Communities and Local Government
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39 Conclusion
Fifth report: Pre-legislative scru…
We understand the argument that local authority building control teams should be audited in the...
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 … Read more
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 … Read more
Ministry of Housing, Communities and Local Government
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40 Recommendation
Fifth report: Pre-legislative scru…
We recommend that the Bill place an explicit duty on the regulator to monitor and...
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 … Read more
Ministry of Housing, Communities and Local Government
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41 Conclusion
Fifth report: Pre-legislative scru…
We are concerned at the lack of detail in the draft Bill, or any draft...
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 … Read more
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, … Read more
Ministry of Housing, Communities and Local Government
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42 Recommendation
Fifth report: Pre-legislative scru…
We recommend that the Bill provide for a general duty to co-operate on accountable persons...
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 … Read more
Ministry of Housing, Communities and Local Government
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43 Conclusion
Fifth report: Pre-legislative scru…
We are concerned about how the relationship between accountable persons and responsible persons will work...
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 … Read more
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 … Read more
Ministry of Housing, Communities and Local Government
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44 Recommendation
Fifth report: Pre-legislative scru…
In the short term, we recommend that the Government publish statutory guidance alongside the Bill...
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 … Read more
Ministry of Housing, Communities and Local Government
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45 Conclusion
Fifth report: Pre-legislative scru…
We believe that the Bill could easily mitigate the problem of some accountable persons lacking...
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 … Read more
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 … Read more
Ministry of Housing, Communities and Local Government
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46 Recommendation
Fifth report: Pre-legislative scru…
We recommend that the Bill place a duty on the building safety manager to inform...
We recommend that the Bill place a duty on the building safety manager to inform the accountable person of their responsibilities under the Bill.
Ministry of Housing, Communities and Local Government
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47 Conclusion
Fifth report: Pre-legislative scru…
We think that the duty on the accountable person to take all reasonable steps to...
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 … Read more
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, … Read more
Ministry of Housing, Communities and Local Government
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48 Recommendation
Fifth report: Pre-legislative scru…
We recommend that the Government publish with the Bill statutory guidance describing the kind of...
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 … Read more
Ministry of Housing, Communities and Local Government
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49 Conclusion
Fifth report: Pre-legislative scru…
We agree that the safety case report is one of the most onerous responsibilities on...
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 … Read more
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 … Read more
Ministry of Housing, Communities and Local Government
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50 Conclusion
Fifth report: Pre-legislative scru…
We agree that the role of building safety manager and the supply of adequately skilled...
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 … Read more
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 … Read more
Ministry of Housing, Communities and Local Government
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51 Recommendation
Fifth report: Pre-legislative scru…
The Government must announce before the Bill is published whether it intends to adopt the...
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 … Read more
Ministry of Housing, Communities and Local Government
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52 Conclusion
Fifth report: Pre-legislative scru…
We think that a national system of accreditation and registration for building safety managers will...
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 … Read more
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 … Read more
Ministry of Housing, Communities and Local Government
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53 Recommendation
Fifth report: Pre-legislative scru…
We recommend that the Government provide, either in legislation or in statutory guidance, for a...
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.
Ministry of Housing, Communities and Local Government
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54 Recommendation
Fifth report: Pre-legislative scru…
We agree that building safety managers could well struggle to access professional indemnity insurance and...
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 … Read more
Ministry of Housing, Communities and Local Government
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55 Recommendation
Fifth report: Pre-legislative scru…
We recommend that the Government work with the insurance industry to facilitate the development of...
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 … Read more
Ministry of Housing, Communities and Local Government
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56 Conclusion
Fifth report: Pre-legislative scru…
We agree that the lack of clarity in the Bill around the respective responsibilities, and...
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) … Read more
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 … Read more
Ministry of Housing, Communities and Local Government
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57 Recommendation
Fifth report: Pre-legislative scru…
We recommend that the Government publish statutory guidance alongside the Bill outlining the respective responsibilities...
We recommend that the Government publish statutory guidance alongside the Bill outlining the respective responsibilities of accountable persons and building safety managers.
Ministry of Housing, Communities and Local Government
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58 Conclusion
Fifth report: Pre-legislative scru…
We are concerned that resident engagement provisions could be too onerous a responsibility on accountable...
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 … Read more
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 … Read more
Ministry of Housing, Communities and Local Government
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59 Recommendation
Fifth report: Pre-legislative scru…
We recommend that the Government consider facilitating, possibly in the Bill itself, the formation of...
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. Read more
Ministry of Housing, Communities and Local Government
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60 Conclusion
Fifth report: Pre-legislative scru…
We think the power in clause 87 to order residents to give access is wide...
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
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61 Conclusion
Fifth report: Pre-legislative scru…
We would encourage the Government to consider making it clear on the face of the...
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 … Read more
Ministry of Housing, Communities and Local Government
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62 Conclusion
Fifth report: Pre-legislative scru…
We agree that electrical safety should be an integral part of the building safety system...
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 … Read more
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 … Read more
Ministry of Housing, Communities and Local Government
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63 Recommendation
Fifth report: Pre-legislative scru…
We recommend that the Government include supplementary provisions in the Bill for mandating regular electrical...
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
Ministry of Housing, Communities and Local Government
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64 Recommendation
Fifth report: Pre-legislative scru…
We strongly agree that there is insufficient clarity around the future product testing regime, although...
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 … Read more
Ministry of Housing, Communities and Local Government
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65 Conclusion
Fifth report: Pre-legislative scru…
We are not persuaded that third-party certification alone would provide the transparency and accountability that...
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. Read more
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 … Read more
Ministry of Housing, Communities and Local Government
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66 Recommendation
Fifth report: Pre-legislative scru…
We recommend that the Government provide for the publication of test failures and re-run tests...
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 … Read more
Ministry of Housing, Communities and Local Government
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67 Recommendation
Fifth report: Pre-legislative scru…
We recommend that the Government establish the capacity of the testing market in the UK...
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.
Ministry of Housing, Communities and Local Government
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68 Conclusion
Fifth report: Pre-legislative scru…
We are persuaded that schedule 8 fails to treat products as parts of systems, though...
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 … Read more
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 … Read more
Ministry of Housing, Communities and Local Government
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69 Recommendation
Fifth report: Pre-legislative scru…
We recommend that the Government make provision, either in the Bill or in secondary legislation,...
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 … Read more
Ministry of Housing, Communities and Local Government
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70 Conclusion
Fifth report: Pre-legislative scru…
The construction products regulatory regime envisaged in the Bill and accompanying documents fails to recognise...
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. … Read more
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 … Read more
Ministry of Housing, Communities and Local Government
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71 Recommendation
Fifth report: Pre-legislative scru…
We recommend that the Government set out, either in the Bill or in secondary legislation...
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 … Read more
Ministry of Housing, Communities and Local Government
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72 Conclusion
Fifth report: Pre-legislative scru…
It seems obvious that the provisions in Schedule 8 for the designation of European standards...
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 … Read more
Government Response
The Government welcomes the Committee’s attention to this issue and accepts its recommendation.
Ministry of Housing, Communities and Local Government
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73 Recommendation
Fifth report: Pre-legislative scru…
We recommend that the Government make clear that the schedule as worded will cover such...
We recommend that the Government make clear that the schedule as worded will cover such products or amend it so that it does.
Ministry of Housing, Communities and Local Government
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74 Recommendation
Fifth report: Pre-legislative scru…
We cannot judge the adequacy of European harmonised standards, but we agree with the industry...
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 … Read more
Ministry of Housing, Communities and Local Government
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75 Recommendation
Fifth report: Pre-legislative scru…
On balance, we are broadly satisfied with the scope of the new homes ombudsman and...
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 … Read more
Ministry of Housing, Communities and Local Government
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76 Recommendation
Fifth report: Pre-legislative scru…
We recommend that the Bill include among those permitted to make a complaint to the...
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 … Read more
Ministry of Housing, Communities and Local Government
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Correspondence 14 letters
7 Sep 2021 To committee Letter from the Minister for Building Safety to the Chair dated 31 August 2021 concerning the Government response to the Committee's pre-legislative scrutiny of the draft Building Safety Bill
Parliament page
19 Jul 2021 To committee Letter from the Chair to the Minister for Building Safety dated 19 July 2021 concerning pre-legislative scrutiny of the Building Safety Bill
Parliament page
13 Jul 2021 To committee Letter from the Minister for Building Safety to the Chair dated 5 July 2021 concerning the introduction of the Building Safety Bill into the House of Commons
Parliament page
23 Oct 2020 To committee Letter from the Chief Executive of the Health & Safety Executive to the Chair dated 21 October 2020 following the evidence session on 5 October
Parliament page
23 Oct 2020 To committee Letter from Dr Jonathan Evans to the Chair dated 20 October 2020 concerning building safety and regulation
Parliament page
16 Oct 2020 To committee Letter from Long Harbour to the Chair dated 5 October 2020 concerning pre-legislative scrutiny of the draft Building Safety Bill
Parliament page
16 Oct 2020 To committee Letter from the Minister for Building Safety to the Chair dated 1 October 2020 concerning pre-legislative scrutiny of the draft Building Safety Bill, with additional fact sheets
Parliament page
6 Oct 2020 To committee Letter from the Chair to the Minister for Building Safety dated 5 October 2020 concerning pre-legislative scrutiny of the draft Building Safety Bill
Parliament page
29 Sep 2020 To committee Letter from the Chair to Lord Blencathra dated 28 September 2020 concerning the draft Building Safety Bill
Parliament page
29 Sep 2020 To committee Letter from Sir Ken Knight to the Chair dated 16 September 2020 following up his oral evidence on 14 September
Parliament page
15 Sep 2020 To committee Letter from the Chair to the Minister for Building Safety and Communities dated 14 September 2020 in response to his letter of 9 September
Parliament page
14 Sep 2020 To committee Letter from the Minister for Building Safety and Communities to the Chair dated 9 September regarding the draft Building Safety Bill, with additional factsheets
Parliament page
8 Sep 2020 To committee Letter from the Minister for Building Safety and Communities to the Chair dated 29 July 2020 concerning pre-legislative scrutiny of the draft Building Safety Bill
Parliament page
8 Sep 2020 To committee Letter from the Chair to the Minister for Building Safety and Communities dated 31 July 2020 regarding pre-legislative scrutiny of the draft Building Safety Bill
Parliament page