- Legal commitment that no leaseholder in buildings above 11m pays to remove cladding
- Developers who own buildings and other building owners 'that can afford to do so' legally obliged to pay non-cladding costs
- Where building owner does not have resources to pay, there will be a Florrie's Law cap of £10k (£15k in London) on what can be billed to leaseholders. This is to be backdated and includes waking watch (so if you've already paid £7k, further costs capped at £3k)
- Govt will give itself power to apply levies to more new builds and increase rates if industry does not comply. Says it "hopes not to use these powers".
- Courts to be given powers to prevent use of shell companies by developers to avoid liability
- Cost Contribution Orders will be available for product manufacturers if prosecuted. Could be ordered to "pay their fair share on buildings requiring remediation".
- Residents will also be able to take action against product manufacturers, with limitation period of 30 years
Various questions on all this - and I'm pausing the Grenfell Inquiry to go through it so this is by no means considered - but:
- A lot rides on how the legal protection is worded. Will it really offer the protection the press release claims?
- Who is going to pay for non-cladding? These costs are massive, and the number of buildings where there is no available developer is high. If it's Florrie's Law protection for leaseholders, then who picks up the rest of the tab?
- Are social landlords (local authorities and housing associations) considered building owners which have the available resources to fix without govt support? Because if so, that's a huge chunk of money coming out of the social housing sector which will have real implications
- Florrie's Law hasn't actually been all that successful in stopping large leaseholder charges. Will this be any better?
- Also £10,000 is still a lot of money. So is £15,000 in London. Why is it fair to make London leaseholders pay five grand more??
- The Cost Contribution Orders and power to sue product manufacturers looks pretty good though. This stuff is much more tracable than who built the building. Investors in the companies implicated in the building safety crisis should pay attention. These costs are huge.
Also, what are you going to do about below 11m buildings Michael? There are many clad in highly combustible products and your latest guidance will almost certainly result in assessors ordering the remediation of at least the most dangerous (still likely to be in the thousands)
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A new email from the Grenfell Tower Inquiry shows government officials tapping up industry figures to act as 'independent experts' who would follow a 'pre-prepared script' to help rebut a critical news story in The Times. Two days after the fire.
Here's the email. To spell it out: this is the UK government attempting to feed its defensive line to figures the media would treat as 'independent experts' in the immediate aftermath of a shocking public tragedy in which the state is deeply implicated.
This happened on the same day that Gavin Barwell (then chief of staff at No 10) was chased down the street by reporters asking why he hadn't reviewed building guidance before the fire. They were under intense scrutiny.
First the private rented sector bits. I think the most interesting announcement is that all PRS homes will have to meet the decent homes standard. According to the most recent data, that's where the highest number of non-decent homes are
The estimate is around 20%, which is some 880,000 homes. Given the unregulated nature of the PRS, it's a safe bet that the true number is higher.
The big question (unanswered) is how the govt plans to enforce this. Cash strapped councils will struggle, to say the least
A senior fire engineer at the UK's largest building inspector suspected Kingspan was 'concealing' failed fire tests before the Grenfell fire. It continued to accept the product for high rise buildings
The inquiry saw emails from NHBC fire engineer John Lewis where he described the use of combustible materials as "an accident waiting to happen" and a certificate claiming the product met the standard of 'limited combustibility' as "garbage"
He also said he had been told of a test on a system where Kingspan's insulation had burnt so fiercely flames had gone over the top of a 9m test rig. He said the company which had helped arrange the test had been threatened with legal action by Kingspan if they spoke about it
At around this time Kingspan K15 (a combustible plastic insulation) was the market leading brand for high rise buildings. But people in the industry were starting to ask questions about its fire safety. Was the one test which supported its use really adequate?
As a result, an organisation called the National House Building Council (NHBC) told Kingspan it needed to see more testing proving its suitability. The NHBC is a private firm which signs off new builds as compliant with regulations and also provides warranties for them
What is Gove proposing? For those who haven't seen the news over the weekend, he is saying the current £5.1bn of cladding funding will be extended by £4bn, to cover remediation costs in buildings between 11m and 18.5m.
But it will not come from new govt funding. Instead Gove wants to get the construction industry into a room, threaten them with tough legislation and make them pay up apparently voluntarily. There are some problems with this and a major cavaet we will get to in the 'ugly' section
The government is understood to be considering preventing Rydon Homes accessing the Help to Buy programme, due to Rydon's involvement in the Grenfell Tower refurbishment. A couple of thoughts below:
If enacted this would be the first major govt level sanction for any organisation involved in the Grenfell Tower fire. They have talked tough in the past, but have never matched it with action.
However, you would have to ask: why now? Bereaved and survivors group Grenfell United have been pushing for this exact move since 2019. Below is a letter they sent to Robert Jenrick in August 2020: