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1488317

registered interest
date	12/07/2022
answering body	Department for Levelling Up, Housing and Communities
answering dept id	211
answering dept short name	Levelling Up, Housing and Communities
answering dept sort name	Levelling Up, Housing and Communities
hansard heading	Building Regulations
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Levelling Up, Housing and Communities, when he plans to publish (a) explanatory notes and (b) guidance on the Government’s waterfall model of liability set out in the Building Safety Act 2022.
tabling member constituency	Wimbledon
tabling member printed	Stephen Hammond
uin	34858
answer	answer is ministerial correction date of answer 20/07/2022 answer text <p>The Government is clear that those responsible for historical building safety defects must pay to put them right. The Building Safety Act 2022 brings forward robust and far-reaching legal protections for leaseholders from historical building safety costs. The leaseholder protection provisions eradicate the idea that the first port of call to pay to fix historical safety defects should be leaseholders. Where those directly responsible (e.g. developers) cannot be held to account, building owners and landlords are now the first port of call to pay for historical safety defects, not leaseholders.</p><p>The Act makes it clear who is liable to pay for the remediation of historical building safety defects. The Act sets out in law where the liability sits, and developers, building owners and landlords must meet their obligations. Besides the leaseholder protection measures, there is already a plan for the remediation of unsafe cladding - developers will fix their own buildings, and funding will continue to be available via the Building Safety Fund, as well as a new scheme for buildings between 11-18 metres.</p><p>Where it is not possible to identify those directly responsible for historical building safety defects, the protections spread the costs of decades of malpractice equitably across the system. Even where costs are shared with leaseholders up to the maximum capped account, building owner and landlords are liable for a share of the remainder, in accordance with the regulations on apportionment. The Act also contains enforcement powers for those circumstances where landlords and building owners do not comply with the leaseholder protection measures.</p><p>We want building owners and landlords to be able to pursue those responsible for defective work and recover costs to fund remediation works. That is why the Building Safety Act includes an ambitious toolkit of measures to allow those responsible for defective work to be pursued. The Act has retrospectively extended the limitation period under section 1 of the Defective Premises Act 1972 from 6 to 30 years. The Act extends the reach of civil liability to associated companies of developers, including trusts, to ensure that some of the largest businesses in the sector who have used shell companies and other complex corporate structures can be pursed for contributions.  The Act has also created a cause of action which will allow manufacturers of construction products to be pursued where defective or mis-sold products have been used in buildings.</p><p>The leaseholder protections in the Building Safety Act came into force on 28 June 2022. On 28 June, the Government published a guide to building safety costs in England, which gave advice on Frequently Asked Questions, to explain these legal changes. The explanatory notes have been updated following Royal Assent and will be published shortly. The government also intends to publish more detailed guidance on how the leasehold protections work in practice, now that the accompanying secondary legislation has come into force.</p> answering member constituency Nuneaton answering member printed Mr Marcus Jones grouped question UIN 34859 34860 34866 question first answered 20/07/2022 15:23:47 answering member 4024 label Biography information for Mr Marcus Jones
tabling member	1585 label Biography information for Stephen Hammond

1488319

registered interest
date	12/07/2022
answering body	Department for Levelling Up, Housing and Communities
answering dept id	211
answering dept short name	Levelling Up, Housing and Communities
answering dept sort name	Levelling Up, Housing and Communities
hansard heading	Buildings: Repairs and Maintenance
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Levelling Up, Housing and Communities, what assessment he has made of the potential impact on remediation works of building owners not having the means to fund that work.
tabling member constituency	Wimbledon
tabling member printed	Stephen Hammond
uin	34859
answer	answer is ministerial correction date of answer 20/07/2022 answer text <p>The Government is clear that those responsible for historical building safety defects must pay to put them right. The Building Safety Act 2022 brings forward robust and far-reaching legal protections for leaseholders from historical building safety costs. The leaseholder protection provisions eradicate the idea that the first port of call to pay to fix historical safety defects should be leaseholders. Where those directly responsible (e.g. developers) cannot be held to account, building owners and landlords are now the first port of call to pay for historical safety defects, not leaseholders.</p><p>The Act makes it clear who is liable to pay for the remediation of historical building safety defects. The Act sets out in law where the liability sits, and developers, building owners and landlords must meet their obligations. Besides the leaseholder protection measures, there is already a plan for the remediation of unsafe cladding - developers will fix their own buildings, and funding will continue to be available via the Building Safety Fund, as well as a new scheme for buildings between 11-18 metres.</p><p>Where it is not possible to identify those directly responsible for historical building safety defects, the protections spread the costs of decades of malpractice equitably across the system. Even where costs are shared with leaseholders up to the maximum capped account, building owner and landlords are liable for a share of the remainder, in accordance with the regulations on apportionment. The Act also contains enforcement powers for those circumstances where landlords and building owners do not comply with the leaseholder protection measures.</p><p>We want building owners and landlords to be able to pursue those responsible for defective work and recover costs to fund remediation works. That is why the Building Safety Act includes an ambitious toolkit of measures to allow those responsible for defective work to be pursued. The Act has retrospectively extended the limitation period under section 1 of the Defective Premises Act 1972 from 6 to 30 years. The Act extends the reach of civil liability to associated companies of developers, including trusts, to ensure that some of the largest businesses in the sector who have used shell companies and other complex corporate structures can be pursed for contributions.  The Act has also created a cause of action which will allow manufacturers of construction products to be pursued where defective or mis-sold products have been used in buildings.</p><p>The leaseholder protections in the Building Safety Act came into force on 28 June 2022. On 28 June, the Government published a guide to building safety costs in England, which gave advice on Frequently Asked Questions, to explain these legal changes. The explanatory notes have been updated following Royal Assent and will be published shortly. The government also intends to publish more detailed guidance on how the leasehold protections work in practice, now that the accompanying secondary legislation has come into force.</p> answering member constituency Nuneaton answering member printed Mr Marcus Jones grouped question UIN 34858 34860 34866 question first answered 20/07/2022 15:23:47 answering member 4024 label Biography information for Mr Marcus Jones
tabling member	1585 label Biography information for Stephen Hammond

1488320

registered interest
date	12/07/2022
answering body	Department for Levelling Up, Housing and Communities
answering dept id	211
answering dept short name	Levelling Up, Housing and Communities
answering dept sort name	Levelling Up, Housing and Communities
hansard heading	Buildings: Repairs and Maintenance
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Levelling Up, Housing and Communities, whether his Department has plans to enable freeholders to pursue those responsible for defects through the legal recovery mechanisms set out in the Building Safety Act 2022 in order to be able to fund remediation works.
tabling member constituency	Wimbledon
tabling member printed	Stephen Hammond
uin	34860
answer	answer is ministerial correction date of answer 20/07/2022 answer text <p>The Government is clear that those responsible for historical building safety defects must pay to put them right. The Building Safety Act 2022 brings forward robust and far-reaching legal protections for leaseholders from historical building safety costs. The leaseholder protection provisions eradicate the idea that the first port of call to pay to fix historical safety defects should be leaseholders. Where those directly responsible (e.g. developers) cannot be held to account, building owners and landlords are now the first port of call to pay for historical safety defects, not leaseholders.</p><p>The Act makes it clear who is liable to pay for the remediation of historical building safety defects. The Act sets out in law where the liability sits, and developers, building owners and landlords must meet their obligations. Besides the leaseholder protection measures, there is already a plan for the remediation of unsafe cladding - developers will fix their own buildings, and funding will continue to be available via the Building Safety Fund, as well as a new scheme for buildings between 11-18 metres.</p><p>Where it is not possible to identify those directly responsible for historical building safety defects, the protections spread the costs of decades of malpractice equitably across the system. Even where costs are shared with leaseholders up to the maximum capped account, building owner and landlords are liable for a share of the remainder, in accordance with the regulations on apportionment. The Act also contains enforcement powers for those circumstances where landlords and building owners do not comply with the leaseholder protection measures.</p><p>We want building owners and landlords to be able to pursue those responsible for defective work and recover costs to fund remediation works. That is why the Building Safety Act includes an ambitious toolkit of measures to allow those responsible for defective work to be pursued. The Act has retrospectively extended the limitation period under section 1 of the Defective Premises Act 1972 from 6 to 30 years. The Act extends the reach of civil liability to associated companies of developers, including trusts, to ensure that some of the largest businesses in the sector who have used shell companies and other complex corporate structures can be pursed for contributions.  The Act has also created a cause of action which will allow manufacturers of construction products to be pursued where defective or mis-sold products have been used in buildings.</p><p>The leaseholder protections in the Building Safety Act came into force on 28 June 2022. On 28 June, the Government published a guide to building safety costs in England, which gave advice on Frequently Asked Questions, to explain these legal changes. The explanatory notes have been updated following Royal Assent and will be published shortly. The government also intends to publish more detailed guidance on how the leasehold protections work in practice, now that the accompanying secondary legislation has come into force.</p> answering member constituency Nuneaton answering member printed Mr Marcus Jones grouped question UIN 34858 34859 34866 question first answered 20/07/2022 15:23:47 answering member 4024 label Biography information for Mr Marcus Jones
tabling member	1585 label Biography information for Stephen Hammond

1488321

registered interest
date	12/07/2022
answering body	Department for Levelling Up, Housing and Communities
answering dept id	211
answering dept short name	Levelling Up, Housing and Communities
answering dept sort name	Levelling Up, Housing and Communities
hansard heading	Building Safety Fund
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Levelling Up, Housing and Communities, when he plans to publish the Grant Funding Agreements for the Building Safety Fund that are compatible with the Building Safety Act 2022.
tabling member constituency	Wimbledon
tabling member printed	Stephen Hammond
uin	34861
answer	answer is ministerial correction date of answer 20/07/2022 answer text <p>The Grant Funding Agreement will be published shortly.</p><p>The department continues to make funding available via the Building Safety Fund and other existing funding programmes for buildings currently in scope, such as Funds for the remediation of ACM cladding. Applicants within the Building Safety Fund must continue to progress remediation works swiftly.</p> answering member constituency Nuneaton answering member printed Mr Marcus Jones question first answered 20/07/2022 15:27:00 answering member 4024 label Biography information for Mr Marcus Jones
tabling member	1585 label Biography information for Stephen Hammond

1488322

registered interest
date	12/07/2022
answering body	Department for Levelling Up, Housing and Communities
answering dept id	211
answering dept short name	Levelling Up, Housing and Communities
answering dept sort name	Levelling Up, Housing and Communities
hansard heading	Building Regulations: Pollution Control
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Levelling Up, Housing and Communities, when he plans to announce the measures his Department will take to locate polluters under the first tier of the waterfall model of liability set out in the Building Safety Act 2022.
tabling member constituency	Wimbledon
tabling member printed	Stephen Hammond
uin	34862
answer	answer is ministerial correction date of answer 20/07/2022 answer text <p>Under the Waterfall model set out in the Building Safety Act 2022, developers are the first to pay for the costs of remediating defective buildings, rather than the leaseholders that have previously been liable for costs</p><p><br> During the previous Secretary of State’s appearance before the Levelling up and Housing Committee on 13 June 2022, he announced that a new Recovery Strategy Unit has been established to help pursue and expose developers who have failed to pay for defects that they have created. The unit will identify and pursue these individuals and firms using all appropriate means, including through the courts, to ensure that developers do the right thing and take responsibility for defects they created.</p> answering member constituency Nuneaton answering member printed Mr Marcus Jones question first answered 20/07/2022 15:28:40 answering member 4024 label Biography information for Mr Marcus Jones
tabling member	1585 label Biography information for Stephen Hammond

1488323

registered interest
date	12/07/2022
answering body	Department for Levelling Up, Housing and Communities
answering dept id	211
answering dept short name	Levelling Up, Housing and Communities
answering dept sort name	Levelling Up, Housing and Communities
hansard heading	Buildings: Repairs and Maintenance
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Levelling Up, Housing and Communities, whether his Department has made an estimate of the number of buildings with safety defects where the individuals responsible for those defects cannot be located.
tabling member constituency	Wimbledon
tabling member printed	Stephen Hammond
uin	34863
answer	answer is ministerial correction date of answer 20/07/2022 answer text <p>The department has not made any assessments of the number of buildings with fire safety defects where the individuals responsible cannot be located.</p><p>The department has published estimates on the number of mid-rise residential buildings which require remediation, partial remediation or mitigation to alleviate life-safety fire risk. This publication can be found here: <a href="https://gbr01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.gov.uk%2Fgovernment%2Fpublications%2Festimating-the-prevalence-and-costs-of-external-wall-system-life-safety-fire-risk-in-mid-rise-residential-buildings-in-england&amp;data=05%7C01%7CParliamentary%40levellingup.gov.uk%7C05e2e635f98046544b6108da6a59f6c2%7Cbf3468109c7d43dea87224a2ef3995a8%7C0%7C0%7C637939231862774905%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&amp;sdata=rIb1yXMs01R1Ysc05Q3NxBPM35T%2BGjpidpAHkLo%2BSJs%3D&amp;reserved=0" target="_blank">https://www.gov.uk/government/publications/estimating-the-prevalence-and-costs-of-external-wall-system-life-safety-fire-risk-in-mid-rise-residential-buildings-in-england</a>.</p><p>The department has also published information on the remediation progress of high-rise (over 18 metres) residential and publicly-owned buildings with ACM cladding systems unlikely to meet Building Regulations is available in the <a href="https://gbr01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.gov.uk%2Fguidance%2Faluminium-composite-material-cladding%23acm-remediation-data&amp;data=05%7C01%7CParliamentary%40levellingup.gov.uk%7C05e2e635f98046544b6108da6a59f6c2%7Cbf3468109c7d43dea87224a2ef3995a8%7C0%7C0%7C637939231862774905%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&amp;sdata=030dnPaZbPzVn9tX1GkqfIR7M7SqNVN4ce%2BfOpyIx6s%3D&amp;reserved=0" target="_blank">Building Safety Programme data release</a>.</p><p>For high-rise residential buildings with unsafe non-ACM cladding, the department is continuing to work with building owners to progress applications for the Building Safety Fund at pace so more remedial works can begin as swiftly as possible. Information on registrations to the Building Safety Fund can be found here: <a href="https://gbr01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.gov.uk%2Fguidance%2Fremediation-of-non-acm-buildings%23building-safety-fund-registrations-private-sector-and-social-sector&amp;data=05%7C01%7CParliamentary%40levellingup.gov.uk%7C05e2e635f98046544b6108da6a59f6c2%7Cbf3468109c7d43dea87224a2ef3995a8%7C0%7C0%7C637939231862774905%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C3000%7C%7C%7C&amp;sdata=NWNbME9FZK7zyHSEmzb4ChOej52YkpXyQ3XgwLHmC8g%3D&amp;reserved=0" target="_blank">https://www.gov.uk/guidance/remediation-of-non-acm-buildings#building-safety-fund-registrations-private-sector-and-social-sector.</a></p> answering member constituency Nuneaton answering member printed Mr Marcus Jones question first answered 20/07/2022 15:29:42 answering member 4024 label Biography information for Mr Marcus Jones
tabling member	1585 label Biography information for Stephen Hammond

1488324

registered interest
date	12/07/2022
answering body	Department for Levelling Up, Housing and Communities
answering dept id	211
answering dept short name	Levelling Up, Housing and Communities
answering dept sort name	Levelling Up, Housing and Communities
hansard heading	Buildings: Repairs and Maintenance
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Levelling Up, Housing and Communities, whether his Department has made an assessment of the likely costs of all works required as a result of the Building Safety Act 2022.
tabling member constituency	Wimbledon
tabling member printed	Stephen Hammond
uin	34864
answer	answer is ministerial correction date of answer 20/07/2022 answer text <p>Our assessment of impacts for the Building Safety Act 2022 does not include an estimate of the cost of works resulting directly from the Act and no other estimate has been made.</p><p>The Building Safety Act 2022 does not require new works to be conducted; it strengthens powers to require the carrying out of outstanding works which should have already been conducted to ensure compliance with building regulations and building safety.</p> answering member constituency Nuneaton answering member printed Mr Marcus Jones question first answered 20/07/2022 15:30:12 answering member 4024 label Biography information for Mr Marcus Jones
tabling member	1585 label Biography information for Stephen Hammond

1488325

registered interest
date	12/07/2022
answering body	Department for Levelling Up, Housing and Communities
answering dept id	211
answering dept short name	Levelling Up, Housing and Communities
answering dept sort name	Levelling Up, Housing and Communities
hansard heading	Buildings: Repairs and Maintenance
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Levelling Up, Housing and Communities, whether his Department has secured funding from product manufacturers for building safety remediation works.
tabling member constituency	Wimbledon
tabling member printed	Stephen Hammond
uin	34865
answer	answer is ministerial correction date of answer 20/07/2022 answer text <p>In January we asked product manufacturers to make a public funding commitment by March. While many responsible developers have pledged to pay their share of costs, manufacturers have failed to deliver. The previous Secretary of State informed the Construction Products Association (CPA) that this is unacceptable, and that we are prepared to do whatever it takes to hold those companies to account.</p><p>Our Building Safety Act gives developers, freeholders and leaseholders new legal remedies against manufacturers whose products fail to comply with regulations. The new Recovery Strategy Unit will identify and pursue individuals and firms that fail to do the right thing, including through the courts if necessary<strong><em>.</em></strong></p> answering member constituency Nuneaton answering member printed Mr Marcus Jones question first answered 20/07/2022 15:32:08 answering member 4024 label Biography information for Mr Marcus Jones
tabling member	1585 label Biography information for Stephen Hammond

1488326

registered interest
date	12/07/2022
answering body	Department for Levelling Up, Housing and Communities
answering dept id	211
answering dept short name	Levelling Up, Housing and Communities
answering dept sort name	Levelling Up, Housing and Communities
hansard heading	Buildings: Repairs and Maintenance
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Levelling Up, Housing and Communities, what plans he has to fund remediation in the event that funds for remediation of a particular building are not found once the waterfall model for assigning costs is exhausted.
tabling member constituency	Wimbledon
tabling member printed	Stephen Hammond
uin	34866
answer	answer is ministerial correction date of answer 20/07/2022 answer text <p>The Government is clear that those responsible for historical building safety defects must pay to put them right. The Building Safety Act 2022 brings forward robust and far-reaching legal protections for leaseholders from historical building safety costs. The leaseholder protection provisions eradicate the idea that the first port of call to pay to fix historical safety defects should be leaseholders. Where those directly responsible (e.g. developers) cannot be held to account, building owners and landlords are now the first port of call to pay for historical safety defects, not leaseholders.</p><p>The Act makes it clear who is liable to pay for the remediation of historical building safety defects. The Act sets out in law where the liability sits, and developers, building owners and landlords must meet their obligations. Besides the leaseholder protection measures, there is already a plan for the remediation of unsafe cladding - developers will fix their own buildings, and funding will continue to be available via the Building Safety Fund, as well as a new scheme for buildings between 11-18 metres.</p><p>Where it is not possible to identify those directly responsible for historical building safety defects, the protections spread the costs of decades of malpractice equitably across the system. Even where costs are shared with leaseholders up to the maximum capped account, building owner and landlords are liable for a share of the remainder, in accordance with the regulations on apportionment. The Act also contains enforcement powers for those circumstances where landlords and building owners do not comply with the leaseholder protection measures.</p><p>We want building owners and landlords to be able to pursue those responsible for defective work and recover costs to fund remediation works. That is why the Building Safety Act includes an ambitious toolkit of measures to allow those responsible for defective work to be pursued. The Act has retrospectively extended the limitation period under section 1 of the Defective Premises Act 1972 from 6 to 30 years. The Act extends the reach of civil liability to associated companies of developers, including trusts, to ensure that some of the largest businesses in the sector who have used shell companies and other complex corporate structures can be pursed for contributions.  The Act has also created a cause of action which will allow manufacturers of construction products to be pursued where defective or mis-sold products have been used in buildings.</p><p>The leaseholder protections in the Building Safety Act came into force on 28 June 2022. On 28 June, the Government published a guide to building safety costs in England, which gave advice on Frequently Asked Questions, to explain these legal changes. The explanatory notes have been updated following Royal Assent and will be published shortly. The government also intends to publish more detailed guidance on how the leasehold protections work in practice, now that the accompanying secondary legislation has come into force.</p> answering member constituency Nuneaton answering member printed Mr Marcus Jones grouped question UIN 34858 34859 34860 question first answered 20/07/2022 15:23:47 answering member 4024 label Biography information for Mr Marcus Jones
tabling member	1585 label Biography information for Stephen Hammond

1488328

registered interest
date	12/07/2022
answering body	Department for Levelling Up, Housing and Communities
answering dept id	211
answering dept short name	Levelling Up, Housing and Communities
answering dept sort name	Levelling Up, Housing and Communities
hansard heading	Buildings: Repairs and Maintenance
house id	1
legislature	25259 pref label House of Commons
question text	To ask the Secretary of State for Levelling Up, Housing and Communities, when he plans to publish a timetable for when developers who have signed the Developer Pledge should commence remediation works.
tabling member constituency	Wimbledon
tabling member printed	Stephen Hammond
uin	34867
answer	answer is ministerial correction date of answer 20/07/2022 answer text <p>On 13 July, we published the draft of a contract with developers. The contract turns the commitments made in the pledge into a legally binding agreement.</p><p>Publication marks the start of a four-week period of engagement, during which we will refine and fine-tune the contract. We plan to have the terms of the contract finalised by 10 August. We expect developers to have signed a contract giving effect to the commitments they have made in the pledge by the end of September.</p><p>We expect developers to make sure that remediation is completed without delay. Under the terms of the draft contract published on 13 July, developers will be required to set and report to my department on the progress of remediation works. My department will hold developers to account if they are not making progress as quickly as reasonably possible.</p> answering member constituency Nuneaton answering member printed Mr Marcus Jones question first answered 20/07/2022 15:33:01 answering member 4024 label Biography information for Mr Marcus Jones
tabling member	1585 label Biography information for Stephen Hammond