1/17 Hello Lucy,

For what they are worth, my views on today's announcement are below.

The headline is that this is a welcome step in the right direction, but we must see the detail on delivery to be sure it will solve all cladding and non-cladding issues.
2/17 The positive development is that the focus is now squarely on building developers and material manufacturers to produce money to remediate cladding and non-cladding defects on buildings 11-18 metres tall.

Developers are being told to pay to fix all their buildings 11m+
3/17 This shift of focus, including a commitment that the government will prioritise building safety over the supply of new houses, is a big change in policy.

Previously the debate was framed in terms of taxpayer v. leaseholder.

Now it is state v. construction industry.
4/17 We are also promised the Building Safety Bill will contain legal protection for leaseholders to shield them from having to pay for both cladding and non-cladding defects.

That appears to be in relation to buildings of all heights.

This is another major change in policy.
5/17 It seems there is still no financial help for buildings below 11 metres. Nor will there be any help for anyone who has already paid for cladding or non-cladding defects.

This is a serious issue.
6/17 But we do not know how or when today's promises will be delivered.

Developers are being asked to produce their funding proposals before Easter. How long after that before we see the detail on allocating this money is anyone's guess.
7/17 The government is turning the screw on developers by suggesting Help To Buy (and other public subsidies) may be withdrawn.

It is also hinting at planning reforms if the developers do not pay up.

(see this letter: assets.publishing.service.gov.uk/government/upl…)
8/17 The announcement today does not stop waking watch and insurance costs mounting up.

The government has, however, asked managing agents to stop issuing section 20 notices for 11- 18 metre buildings until the funding situation is clear.
9/17 Section 20 notices trigger the liability on leaseholders to pay for certain works costing £250 or more.

Before today, these notices have commonly been issued as a means of proving leaseholders have to pay the remediation costs.
10/17 In December, ARMA/IRPM agents for BSF-eligible over 18 metre buildings agreed not to issue s. 20 notices as part of the revised Grant Funding Agreement terms.

If these notices (or on account service charge demands) are going out, then they should be publicised widely.
11/17 Any attempt to force cladding costs on leaseholders should also be publicised widely and as soon as possible.

If this happens: post your bill to your MP, local newspaper and anywhere else you can think of to bring people's attention to the issue.
12/17 We are also promised the government is in serious discussions with building insurers to try and bring premiums down.

Again, how and when that will happen is unknown.
13/17 The Consolidated Advice Note, which brought under 18 metres buildings into scope, is now gone.

We will see whether that focusses minds at RICS, mortgage lenders and insurers on taking a more proportionate approach to assessing the risk these buildings pose.
14/17 If not, the government has said it will take the power to intervene in the governance of RICS.

That appears to mean one or both of statutory intervention and / or changing RICS's Royal Charter to make it do what the government wants.
15/17 A big unknown is what happens where buildings have already been assessed under the current guidance.

Will they have to be re-assessed? Will they be automatically passported into the new funding arrangement?
16/17 Today is a welcome step in the right direction. There are hard yards to come before we get all the details.

We are much further forward than we were last week, even if we have a way to go before the finish line.
17/17 Time will tell if the principles announced today translate into action.

We have seen before big money announcements with no real plan for delivery.

Delivery is what matters here.

Until we know the details of that, we cannot know whether these principles will succeed.

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More from @LiamSpender

8 Jan
1/7 "The largest housebuilders have spent or committed approaching £1 billion" should be taken with a pinch of salt.

Many of them have made accounting provisions. That is not the same as agreeing to pay costs, or actually paying costs.
2/7 The £1 billion figure above also may not be strictly related to cladding costs. For example, a large part of Barratt's provision appears to relate to defective concrete frames, legal costs and the costs of buying back flats.
3/7 According to Note 3.6 to Barratt's 2021 financial statements, of its total provision of £67.6 million for building safety issues, £26 million (38%) still relates to Citiscape (defective frame).

It is unclear if that £26 million is included in the £1 billion number above.
Read 7 tweets
23 Nov 21
1/14 FirstPort (or should that be LastPort?) making Bernie Madoff look small time. Again.

dailymail.co.uk/property/artic…

I personally stand to pay £1,358.50, which is an inflated figure to pay FirstPort's fees and because its a crap negotiator.
2/14 So far, in exchange for their £34,000-odd fee they have:

1/ Copied and pasted a specification of works prepared by a contractor.

The copy and paste job is so bad that they have copied into the document "(C) SCCI AlphaTrack Page 5"
3/14

2/ They then did not upload the specification of works to the FirstPort MyHome website, as twice promised. It took about 2 weeks to get it out of them.

3/ The Major Works team hasn't conducted a tender. They're recycling quotes obtained by the onsite staff
Read 14 tweets
10 Nov 21
Anyone who believes group litigation is a solution to #endourcladdingscandal should take a look at this decision from the Supreme Court this morning.

The case concerns Google's alleged breach of the Data Protection Act 1998 for unauthorised tracking of iPhone user data in 2012.
2/9 Richard Lloyd -- backed by huge litigation funder Therium -- sought to issue a group claim against Google seeking damages on behalf of around 4 million affected users.

The claim was put on an "opt-out" basis, meaning people would be included without having to sign up.
3/9 Mr. Lloyd's case was that each individual user had suffered damage as a result of Google's activities, but that it was not necessary to prove the amount of damage for each individual user because they would all claim the same amount of damages.
Read 9 tweets
3 Nov 21
1/13 A shameful day for British democracy today.

The Commons voted 250-232 to delay considering the report on sanctioning Owen Paterson for paid advocacy (mainly failing to declare he was a paid lobbyist for food products firms when approaching gov't departments and regulators)
2/13 MPs also voted to establish a new committee to consider whether to set up a new system for investigating complaints about MPs' conduct.

MPs then voted 248-221 for this new system, and the delay to Mr. Paterson's case, to take effect.
3/13 The remedy above is not available to any ordinary citizen.

If you are convicted of a crime and the law changes, you don't get a retrial unless there is some reason to doubt the original decision under the law as it applied at the time.
Read 13 tweets
21 Sep 21
1/7 #forcedloans Horrified to see Homes England advertising for an 18 month fixed term employee to oversee development of loans for 11-18 metre buildings (advert here: homesenglandcareers.co.uk/search/657)
2/7 #forcedloans would see innocent leaseholders pay the full cost of cladding works, plus interest. That is unjust.

If there are any non-cladding defects, then leaseholders would have to stump up the full costs AND pay these loans. Work may still not get done.
3/7 Of course, we have only the sketchy details the government has given so far. But that limited detail suggests that #forcedloans will not work, for some or all of the reasons below.
Read 7 tweets
21 Jul 21
@nbdbuk #BuildingSafetyBill we are just coming to the end of the statement on NHS Care, about 5 speakers to go.

There is then a 10 minute rule bill about pension transfers and then the Second Reading debate will start, probably just after 3.
@nbdbuk In terms of what to expect today, the Commons is being asked to agree whether the Bill proceeds to the next stage of scrutiny, known as Committee Stage.

There will be a vote on that around 7 p.m. this evening.
@nbdbuk The Commons is also being asked to agree a programme motion setting out the timetable for the next stages of the Bill.

The Commons will send the Bill to a Public Bill Committee, which will start work in September and report back no later than 26 October.
Read 222 tweets

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