Thread by @suejbright

🧵1/14 responding to qs about PP. Two proposals have been put forward. They share common beliefs: polluters should be responsible; remediation needs to be as speedy as possible; costs should not fall on leaseholders.

Q: which is best way to go? This is for parliament to decide. Thread is (v brief) overview of each @LKPleasehold @team_greenhalgh @gtomlin 2/14

Who is a polluter? Both focus on fire safety defects in breach of building regs at time of construction. NEITHER WILL HELP BUILDINGS WHERE NO BREACH OF BUILDING REGS Both (in drafts) apply to build from 1 jan 2000 (but if adopted parliament needs to choose appropriate date) 3/14

Main difference is in how this is enforced. Deciding which route is better for enforcement is for Parliament, not those who have provided suggested drafts (but we have personal opinions): below is outline of each 4/14

Longstanding PP proposal wording here: buildingsafetycrisis.org/polluterpays/i… Video commentary also on that website. Requires new scheme (FHRS) to be set up + appointment of assessors. 5/14

FHRS: Assessors make determinations on which awards will be based. Published wording has long list of matters that ‘may’ be in regs, details not yet known as will depend on policy decision: eg ‘may make provision for determining who is entitled to make an application’. 6/14

FHRS: Appeals against assessor decision will be by judicial review; appeals against award to Tribunal 7/14

FHRS regulations will flesh out scheme + will be crucial to know what scheme will do. Much framework is there – but detail on important issues is left for the future. Further commentary on FHRS (and probls with all PP schemes as 'whole answer') leaseholdknowledge.com/the-building-s… 8/14

Recent PP proposal works by inserting sections into Building Act 1984 (new s36A etc). Sec of State or Local Auth can serve notice on polluter requiring remediation. 9/14

s36A scheme: If polluter unable to/does not do the work provision is made for either authority or building manager to do work at polluter cost. 10/14

s36A scheme: Leaseholders can refer building to authority. Authority under duty to respond in 90 days. Prohibition on passing on costs to leaseholders. 11/14

s36A scheme: Penalties for non-compliance with the remediation notice, and the polluter is also liable to pay the costs of mitigating measures. These provisions incentivise prompt action. 12/14

s36A scheme: Technical Committee to determine disputes concerning whether the work contravened building regulations; further ‘appeal’ to arbitration. Provision to compel polluter to provide information. 13/14

Once policy route is determined, there may be details in each scheme that could enhance the other. Eg penalties for foot dragging are important – FHRS needs to be beefed up on that. 14/end