Pre-legislative scrutiny of the Building Safety Bill
Housing, Communities and Local Government Committee
Closed
Legislative scrutiny
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 …
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53
Recommendations
23
Conclusions
1
Report
5
Oral sessions
14
Letters
5
Events
Activity timeline 21 events
7 Sep
2021
2021
19 Jul
2021
2021
13 Jul
2021
2021
7 Jul
2021
2021
24 Nov
2020
2020
Report published
23 Oct
2020
2020
23 Oct
2020
2020
19 Oct
2020
2020
Oral evidence
16 Oct
2020
2020
16 Oct
2020
2020
6 Oct
2020
2020
5 Oct
2020
2020
Oral evidence
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
View on parliament.uk
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
Reports 1 report · click to expand
| 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
36 results
1
Conclusion
Accepted
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 …
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Government Response
The government agrees that clarity is important and intends to publish further detail on key elements of the new regime, such as Gateways and construction products, during the Bill's passage to allow for parliamentary scrutiny.
Ministry of Housing, Communities and Local Government
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2
Recommendation
Accepted
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 …
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Government Response
The Government agrees it is important to clarify key elements and intends to publish further detail on the Gateways process and construction products before the relevant clauses are considered in committee, allowing Parliament scrutiny during the Bill's passage.
Ministry of Housing, Communities and Local Government
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3
Recommendation
Accepted
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 …
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Government Response
The government agrees that powers to amend primary legislation should only be included where justified and necessary, and commits to removing the specific power under paragraph 16(1)(c) of Schedule 8 from the Bill.
Ministry of Housing, Communities and Local Government
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4
Conclusion
Accepted
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.
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Government Response
The government accepts the need for clarity on transition periods, stating it is working with the HSE to develop and publish an outline transition plan, which will be refined during the Bill's passage.
Ministry of Housing, Communities and Local Government
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5
Recommendation
Accepted
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 …
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Government Response
The Government welcomes the recommendation and commits to publishing an outline transition plan at the Bill's introduction, with further details to be refined and provided during its passage in collaboration with the Health and Safety Executive.
Ministry of Housing, Communities and Local Government
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7
Recommendation
Accepted
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 …
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Government Response
The government agrees to exclude historical costs from the Building Safety Charge, clarifying it will only cover ongoing costs, and outlines measures to widen redress opportunities and fund cladding remediation for high-rise buildings.
Ministry of Housing, Communities and Local Government
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10
Conclusion
Accepted
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. …
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Government Response
The government clarifies that the 28-day payment window was not intended for large-scale remedial works and commits to introducing new provisions to provide greater protection to leaseholders regarding historical defects, ensuring redress and preventing unaffordable upfront costs.
Ministry of Housing, Communities and Local Government
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11
Recommendation
Accepted
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 …
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Government Response
The government clarifies that large scale remedial works are not intended to be paid within 28 days and confirms that consultation requirements for such works can only be dispensed with by an application to the Tribunal, thereby addressing the committee's concerns.
Ministry of Housing, Communities and Local Government
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14
Recommendation
Accepted
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
The government agrees to enshrine the initial scope of the regime in the Bill to provide certainty and has amended the Bill to include most of the criteria as recommended.
Ministry of Housing, Communities and Local Government
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17
Conclusion
Accepted
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 …
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Government Response
The government amended Clause 16 to 'spread of fire' for greater clarity and will publish guidance clarifying that dutyholders must mitigate building safety risks regardless of cause, addressing the committee's request for clarification.
Ministry of Housing, Communities and Local Government
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18
Recommendation
Accepted
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 …
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Government Response
The government will publish guidance clarifying that dutyholders must mitigate risks from electrical and gas failures and agrees to keep the definition of 'building safety risk' under review, with the Bill making express provision for this.
Ministry of Housing, Communities and Local Government
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21
Recommendation
Accepted
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.
Government Response
The government is 'minded to amend clause 8' of the Bill to mandate that the Regulator must direct someone else to operate the system for giving building safety information, aligning with the recommendation.
Ministry of Housing, Communities and Local Government
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22
Recommendation
Accepted
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 …
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Government Response
The government accepts the recommendation, agreeing that the three statutory committees should be retained, and states it is minded to remove the power in clause 12 that would enable their abolition.
Ministry of Housing, Communities and Local Government
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24
Recommendation
Accepted
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 …
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Government Response
The Government agrees with the recommendation and commits to publishing further detail on the Building Safety Regulator's charging regime and its ringfenced central funding for functions not amenable to cost recovery.
Ministry of Housing, Communities and Local Government
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25
Recommendation
Accepted
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 …
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Government Response
The government agrees with the recommendation and commits to publishing further detail on the Building Safety Regulator's charging regime and its commitment to ringfenced central funding.
Ministry of Housing, Communities and Local Government
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27
Recommendation
Accepted
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 …
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Government Response
The government is working with the industry to resolve confusion surrounding the principal designer role and intends for the role to be defined in secondary legislation and published alongside the Bill.
Ministry of Housing, Communities and Local Government
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29
Recommendation
Accepted
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 …
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Government Response
The government is consulting with the insurance industry, intends to introduce the Bill only when draft building regulations can be published simultaneously, and has commissioned an evaluation of insurance availability for dutyholders, with findings to be reported to Parliament.
Ministry of Housing, Communities and Local Government
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31
Recommendation
Accepted
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
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
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32
Recommendation
Accepted
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 …
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Government Response
The government accepts the recommendation, stating its intention to publish further details on key elements of the new regime, including the Gateways process, during the passage of the Bill and before relevant clauses are considered in committee.
Ministry of Housing, Communities and Local Government
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34
Recommendation
Accepted
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.
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Government Response
The government agrees that the Gateway process would be enhanced by appointing dutyholders before Gateway one and intends to mandate this in the secondary legislation.
Ministry of Housing, Communities and Local Government
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42
Recommendation
Accepted
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 …
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Government Response
The government agreed to amend the Building Safety Bill to include an express duty for multiple Accountable Persons to co-operate. They also intend to publish statutory guidance alongside the Bill detailing expected behaviours under this duty.
Ministry of Housing, Communities and Local Government
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44
Recommendation
Accepted
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 …
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Government Response
The government agreed to publish statutory guidance alongside the Bill outlining how accountable and responsible persons should co-operate. They also committed to reviewing the operation of the two regimes in the long term with a view to rationalising and simplifying the legislation.
Ministry of Housing, Communities and Local Government
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45
Recommendation
Accepted
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 …
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Government Response
The government agrees that including a duty on the Building Safety Manager to inform Accountable Persons of their responsibilities would help mitigate issues of lacking time or expertise among APs.
Ministry of Housing, Communities and Local Government
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46
Recommendation
Accepted
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.
Government Response
The government agreed that the Bill should include a duty on the Building Safety Manager to make Accountable Persons aware of their responsibilities under the Bill to mitigate issues with understanding these duties.
Ministry of Housing, Communities and Local Government
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48
Recommendation
Accepted
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 …
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Government Response
The government agrees and will publish statutory guidance detailing actions for accountable persons to comply with their “reasonable steps” duty and will amend the definition of “major incident” to include incidents foreseeably causing death or serious injury.
Ministry of Housing, Communities and Local Government
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49
Recommendation
Accepted
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 …
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Government Response
The government agreed with the committee's observation and committed to publishing guidance alongside the Bill that will outline the required information for safety case reports.
Ministry of Housing, Communities and Local Government
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53
Recommendation
Accepted
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.
Government Response
The government intends to provide, either in legislation or statutory guidance, for a national system of accreditation to common standards and a central register for building safety managers.
Ministry of Housing, Communities and Local Government
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54
Recommendation
Accepted
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 …
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Government Response
The government accepts the recommendation and is working closely with the industry to ensure the competence framework and precise responsibilities of building safety managers are made available in good time to facilitate appropriate insurance products.
Ministry of Housing, Communities and Local Government
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55
Recommendation
Accepted
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 …
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Government Response
The government accepts the recommendation and is working closely with the insurance industry to make the competence framework and precise responsibilities of building safety managers available in good time to facilitate appropriate insurance products.
Ministry of Housing, Communities and Local Government
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56
Conclusion
Accepted
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) …
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Government Response
The government agrees with the Committee's concern regarding clarity and states that statutory guidance will be published to outline the respective responsibilities of Accountable Persons and Building Safety Managers.
Ministry of Housing, Communities and Local Government
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57
Recommendation
Accepted
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.
Government Response
The government agrees with the recommendation and states that statutory guidance will outline the respective responsibilities of Accountable Persons and Building Safety Managers.
Ministry of Housing, Communities and Local Government
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68
Conclusion
Accepted
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 …
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Government Response
The government agreed that system-level product testing is required but stated this testing is already necessary for compliance and is reinforced by the new regime. They explained why the duty for such testing would not be placed on manufacturers, shifting responsibility to building designers.
Ministry of Housing, Communities and Local Government
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72
Conclusion
Accepted
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 …
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Government Response
The government accepts the committee's observation regarding confusion in Schedule 8's reference to 'other overseas standards' and will address this.
Ministry of Housing, Communities and Local Government
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73
Recommendation
Accepted
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.
Government Response
The government accepted the recommendation, stating they will ensure Schedule 8 of the Building Safety Bill covers products with European technical assessments. They will also review the wording 'other overseas standards' to improve clarity before the Bill is introduced.
Ministry of Housing, Communities and Local Government
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75
Recommendation
Accepted
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 …
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Government Response
The Government agrees that prospective purchasers forced to pull out of a purchase should be able to bring complaints to the ombudsman. It clarifies that the draft Bill already allows for this and confirms it will set this expectation with the appointed scheme.
Ministry of Housing, Communities and Local Government
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76
Recommendation
Accepted
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 …
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Government Response
The Government agrees that prospective purchasers forced to withdraw from purchases should be able to complain to the ombudsman, clarifying the Bill already allows this and amending explanatory notes. It has also amended the Bill to clarify that developers may be required to have internal complaint procedures and inform purchasers of their rights. Finally, the Government agrees to monitor the scheme's performance and amend its scope if necessary.
Ministry of Housing, Communities and Local Government
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Government Response AI assessment · 76 of 53 classified
Accepted
36
Acknowledged
12
Deferred
2
Rejected
13
Total
53 recs + 23 conclusions
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 Dr Jonathan Evans to the Chair dated 20 October 2020 concerning building safety and regulation
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
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