Liam Spender Profile picture
Apr 25 18 tweets 4 min read
1/18 #buildingsafetybill is back in the Lords late tomorrow, after the Nationality and Borders Bill.

The Lords will be considering the changes made by the Commons last week.

The motions being considered are here: bills.parliament.uk/publications/4…

Explanation below.
2/18 As expected, the government is asking the House of Lords to vote to agree with all of the changes made in the Commons last week.

In simple summary, the Commons re-inserted the leaseholder contributions of between £10k and £100k where no developer or building owner pays.
3/18 Shared owners would pay only their share of any cap.

The caps only kick in after developers and building owners have not paid.

The government also says it will set up an orphan building scheme to pay for buildings where the developer can't be found.
4/18 The Commons also re-inserted changes that would exclude resident owned and resident operated buildings from the waterfall system, meaning potentially unlimited costs if there is no developer contribution and no help from the Building Safety Fund.
5/18 Tomorrow in the Lords the Opposition is going to try and overturn these changes.

@KathPinnock has put down amendments that would simply bat back the changes to the Commons, thereby restoring the version of the Bill as passed by the Lords earlier this month.
6/18 The version as passed by the Lords earlier this month eliminated any contributions from leaseholders and extended that protection to buildings of all heights and whether or not they were enfranchised.
7/18 In relation to the caps, Baroness Hayman (of @LabourLordsUK) has put down an amendment that would limit any financial contribution from any leaseholder to a maximum of £250.

The £250 maximum would apply to all properties, regardless of value.
8/18 The Opposition in the Lords is not trying to change the trust amendment, or other tidying changes, added by the Commons last week.
9/18 The changes above are likely to be considered at some point tomorrow afternoon, likely after about 5.30.

We should know more on timings tomorrow.
10/18 If votes are forced on the above and the Opposition has prepared the ground then it is likely the government will be defeated tomorrow.

If that is what happens, the government is unlikely to accept that.
11/18 Based on last week's lack of a rebellion in the Commons, any defeat tomorrow will be reversed by the Commons again on either 27 or 28 April.
12/18 The current session is due to end on 28 April, so there may not be any votes tomorrow and the Lords may accept the changes made.

If there is a vote tomorrow, the Lords may accept the Commons overturning the changes again on either 27 or 28 April.
13/18 The government appears willing to give way on these issues, although it has promised a consultation on what to do about leaseholder owned and managed buildings and a case by case review of u11m buildings.
14/18 The Lords - as the unelected house - has limited room for manoeuvre here. There is no groundswell of opposition in the Commons for them to use to force further changes.

The Lords is expected to give way, as the unelected house, to the will of the elected Commons.
15/18 Tomorrow we may see some votes on the changes above, or we may just see the Lords making a general statement of principle in the hope that the government offers more promises of help.
16/18 The Building Safety Bill is much better than when we first laid eyes on it in 2020.

It still has holes in it, despite the government's promises of money from developers, consultations and case-by-case reviews.

The holes should be addressed before the Bill becomes law.
17/18 All is not lost if further changes, or further promises, are not made tomorrow.

Although the Bill will become an Act of Parliament by 28 April, it will take at least 2 years and numerous detailed rules to be made before it is fully legally effective.
18/18 The time delay and rule-making process (secondary legislation) may allow for further changes to be made to benefit leaseholders.

Tomorrow's proceedings will be shown live here: parliamentlive.tv/Event/Index/9c…

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More from @LiamSpender

Apr 26
1/25 Round-up of thoughts on the #buildingsafetybill

The Bill cleared Parliament earlier this evening. It will now become an Act of Parliament.

The Bill will not come into force (be legally effective) for a period of some time, perhaps years in some cases.
2/25 Two months from the date of Royal Assent, so roughly in late June 2022, leaseholders in buildings above 11 metres will have the benefit of the so-called waterfall.
3/25 Around 40 developers have also reached an agreement in principle with the government to remediate life safety critical defects on buildings built in the last 30 years.

Binding contractual terms to implement that promise are yet to be announced.
Read 25 tweets
Apr 26
#buildingsafetybill The Lords is currently voting on amendments to the Nationality and Borders Bill and then it will move on to the Building Safety Bill.

It looks as if there may be a few more votes before we reach the Building Safety Bill, so perhaps 30 minutes before the start
You can watch proceedings live here:

parliamentlive.tv/Event/Index/9c…
Given that the Lords proceedings are likely to run late tonight (there are two more bills with Commons amendments for the Lords to consider after the Building Safety Bill is done), it is possible there may be a short recess before we start.
Read 66 tweets
Apr 20
1/25 Round-up on the #buildingsafetybill in the Commons this afternoon.

The Commons was considering the changes made to the Bill by the House of Lords (and there were several hundred amendments made there).
2/25 The key issues for the Commons to consider were:

(1) what do about resident owned (enfranchised) buildings

(2) what to do about under 11 metre buildings and

(3) whether leaseholders should pay anything for non-cladding costs.
3/25 The Lords moved in favour of leaseholders on all three issues, extending costs protection for buildings of all types of ownership and all heights.

The Lords also changed the Bill so that no leaseholder living in a flat worth less than £1 million had to pay anything.
Read 25 tweets
Apr 20
#buildingsafetybill Commons is now considering Lords Amendments.

The debate may last until around 4.30 today.

In simple terms, the government will ask the Commons to vote to remove certain changes made by the Lords and provides alternatives.
The #buildingsafetybill was amended heavily in the Lords.

A key change was to introduce legal protection for leaseholders in buildings 11 to 18 metres tall.

These protections are explained here: leaseholdknowledge.com/government-dum…
The legal protections are to spare leaseholders any costs for cladding remedial works.

Non-cladding works are also supposed to be paid for by developers or "building owners" in the first instance, under the so-called waterfall.
Read 140 tweets
Mar 29
1/16 #buildingsafetybill Where are we now?

The Lords completed Report stage today.

It crunched through 276 amendments in about 7 hours of debate, so only a superficial review of a Bill that will have far reaching effects on residential buildings for the next 30-40 years, plus.
2/16 This is no way to make laws, particularly not in the self-styled Mother of All Parliaments.

This is serious and complicated legislation. Changes should have been considered most carefully.

The government has taken nearly 5 years since Grenfell to bring this Bill forward.
3/16 The government can, and should, have done much better than a last minute package of amendments to protect leaseholders.

That should have been at the core of the Bill from day 1. It is a stain on this government's reputation that it was not.
Read 16 tweets
Mar 29
#buildingsafetybill thread.

I will post my thoughts (for what they are worth) on the Report stage debate here.

The Report stage will be in two halves.

The first half started at 11 and has just reached its first vote (division).

The second half will start around 3.15.
This morning's session has seen relatively little change to the Bill.

The government has adopted Lord Best's amendment on articles of association, making it easier for RTM / RMC companies to appoint a designated director as accountable person.
Lord Stunell, a Liberal Democrat peer, has just forced a division (vote) on his amendment no. 8.

That requires the new Building Safety Regulator to review the costs and benefits of sprinklers and measures to help disabled people.

We should have the result in about 10 minutes.
Read 72 tweets

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