FIRE SAFETY LATEST

Yday spent the evening talking to leaseholders of Richmond House on the south west London/Surrey border.

Or rather- what's left of Richmond House, it burnt down in 2019. The fire cavity barriers were labelled as "defective" in an independent report 🧵
RH is instructive because it potentially highlights two central weaknesses of the government's response to the crisis

1) idea that litigation is a credible solution
2) idea that problem is only or mainly with buildings which were 18m or over with cladding problems
First background

Richmond House burnt down in September 2019. It was built in 2010/11 by Berkeleys one of the biggest building firms in Britain.

The estate "The Hamptons" is a big one. As the name would suggest it's got an American air. Big houses. Wide avenues. Opulent.
Richmond House had 32 flats, all on a shared ownership basis.

No-one knows exactly what started the fire but an independent report by Probyn and Mier two months later pointed to several defects with the building design. They said: “In Richmond House, the cavity barriers that..."
"were fitted were defective: they were too small to close the cavity and they would have contributed nothing to control of the fire…. the defects in the cavity barrier installation appear to be the result of errors in the design.”

The report also found fault with the...
... wooden balconies and elements of the design of the external walls.

This being the case it would seem that the building likely could not have adhered to the building regulations in place at the time. We asked the developers directly to take issue with this- they did not.
And like so many other buildings, this fault was not picked upon by the deeply flawed buildings safety regime. Leaseholders who bought the property in good faith remain incredulous. They're still paying a mortgage for a property which was faulty and which no longer exists.
They've not had benefit of that property for years (as well as losing everything else).

Initially the developers appeared to accept fault and said they would act accordingly. In an audio recording of a meeting held with leaseholders in November 2019, then Berkeleys Chairman...
the late Anthony Pidgley said this

“I don’t know how to say sorry to you...I founded this business because I believe...it is about being decent and we failed that, we did miss that firestop...I’m sorry and we will be taking responsibility.”

And yet since the company...
...has resiled from this position. They no longer accept they were responsible- nor that more general compensation is due. The freeholder has offered to buy back the leaseholders’ share of the flats back- but some reject the valuation and others say that that doesn’t compensate..
...them for what they’ve endured, again through buying a faulty product at no fault of their own.

Their buildings insurance will cover a like for like replacement but work hasn't yet properly begun on that replacement. In any case, many don't wish to return to the site.
Berkeleys told us “The cause of the fire was never identified, but the building’s means of escape performed correctly to allow everyone safely to evacuate in the middle of the night, without physical injury. Investigations are ongoing into how the fire spread as it did…"
"...Our approach to compensation and support has remained entirely consistent throughout this process, with general compensation having already been paid on an ex gratia basis, together with a contribution to lawyers’ fees.”

Worth saying leaseholders dispute many elements of...
...that statement.

RH is an interesting and very sad case in its own right but as I say it's also instructive about the wider crisis. Because as part of the Building Safety bill the govt has been clear that one of the principal remedies (as they see it) for...
...leaseholders charged with enormous fire remedial costs is to encourage leaseholders to sue developers.

Now on paper you might think RH might be an open and shut case for this one. The independent fire report says the fire cavity breaks were defective, if so this would...
...likely mean the building didn’t meet regulations, it was within the statute of limitations, the building has quite literally burnt down, initially the developer seemed to admit fault and yet there is now an enormous dispute between the two sides and the leaseholders are...
...struggling to navigate the legal process against an enormous company. So the question is if the leaseholders of RH are struggling, in these apparently favourable circumstances, how will others realistically fare?

And secondly because the government's help is focussed solely..
...on buildings which are 18m+and have cladding problems. RH had no cladding problems and it was 10m. It still burnt down. Ministers have indicated that smaller buildings are less dangerous and residents are less at risk. No-one died that night but an expert we've...
...spoken to say that that might have been different had the fire started in another part of the building. In any case, as I say, the effect on the lives of the leaseholders has been profound. Save Grenfell, very often when we're talking about the building safety crisis...
...the consequences are a hypothetical. Not so here. It quite literally burnt down with defective building elements, elements which no-one knew about, which got past the building safety regime. As have reported before it's a scandal and crisis 30 years in the making...
...and of truly enormous proportions.

More on Newsnight tonight- make sure you're watching, BBC2 2230.
Should also point out by the way that Berkeleys has identified similar problems with other buildings on the estate and is engaged in work to fix them and is paying for them.

On one hand- more than lots of developers are doing. On other hand RH leaseholders say why not...
...provide them with the money they would have spent on the works in RH had it not, quite literally, burnt down.
And apols this is a typo should be 23 flats not 32
If you missed this report from me and @jackcevans from last night's Newsnight you can watch it here. Lots of activity about building safety in the House today. Yet the govt bill would barely have affected RH as (1) was under 18m (2) not a cladding problem. bbc.co.uk/programmes/p09…

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