13. Legislative Consent Motion on the Building Safety Bill

Part of the debate – in the Senedd at 5:42 pm on 29 March 2022.

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Photo of Lee Waters Lee Waters Labour 5:42, 29 March 2022

Diolch yn fawr, Llywydd. Seventy-two people died in the Grenfell Tower fire. It was the deadliest structural fire in the United Kingdom for 30 years, and it exposed serious failings in the regulatory systems around building safety. Dame Judith Hackitt's review has sought to address these failings, and the recommendations of her report fell into two categories: the design and construction of buildings and then their occupation. This motion deals with the first of these and also addresses the rights of redress for house buyers, including those suffering the consequences of building defects.

The reforms in the Bill to the building control system represent the most comprehensive set of changes since the Building Act 1984. They're intended to prevent a Grenfell fire occurring in the future. In parallel, we are working to ensure fair treatment for those facing the remediation of the flats they live in. That's why we've announced the funding of surveys and building passports, which will inform the support needed. It's a fact that the criticism levelled at the system in England by Dame Judith may equally be levelled at Wales. For this reason, we've actively sought the inclusion of amendments to the UK Government Building Safety Bill to reflect the needs of Wales. I'd like to thank the committees for their consideration of the legislative consent memorandum, and I recognise the comments made that this should have been a Welsh Government Bill. However, this Bill provides a pragmatic opportunity to take earlier action in our efforts to respond to these issues.

The new regime will provide for more stringent regulation of higher risk buildings in Wales. I previously indicated that a higher risk building in Wales is a building with a floor of 18 m or more, or seven storeys. There will be powers to change this definition in the event of further evidence informing our view of risk and building characteristics. The Bill puts requirements in place that will ensure you can no longer choose your building control body for higher risk buildings. In Wales local authority building control will carry out this role as an extension to their current duties. Buildings will have a clear system of gateway stages, through design, construction, to initial occupation. Stop points at different stages will prevent work continuing without evidence that building safety is being appropriately addressed.

As well as the system itself, people are also critical to building safety. The Bill will put in place new duty holder requirements, for example on the clients, designers and contractors who plan, manage and undertake building work. They will take responsibility for identifying and mitigating building safety risks throughout. The Bill will also introduce new provisions to provide for the regulation of the building control profession and bodies who oversee building work. As well as a more robust enforcement system, the Bill helps improve rights of redress, including where it becomes evident that substandard work has been undertaken following occupation of a home.

Buying a home is one of the biggest financial commitments many people make in their lives, and for purchasers to still be waiting for issues to be addressed months after moving in, or for defects to render a home uninhabitable, is simply unacceptable. Whilst home owners should expect a home to be of good quality on the day they move in, having a clear process that requires developers to act quickly to rectify issues is important in protecting home owners. We've addressed this through the changes to the Defective Premises Act 1972, and the creation of a New Homes Ombudsman. The Defective Premises Act provisions will be extended from new dwellings only to cover refurbishment and extension works to existing dwellings carried out by a business. It'll also extend the limitation period for claims from six to 15 years prospectively, and from six to 30 years retrospectively.

The New Homes Ombudsman is being introduced as a result of criticism of the house-building industry, in its build quality and customer service record. The ombudsman will provide for dispute resolution and determine complaints made by those with a relevant interest in new-build homes against developers. A code of practice, detailing the standards of conduct and quality of work, is a feature of the ombudsman, to ensure that developers know what's expected of them, and homebuyers know what to expect. It's envisaged the house-building industry will meet the costs of the new ombudsman and, once established, the service will be free to complainants.

Llywydd, in summary, these reforms address some of the key issues raised by Dame Judith Hackitt, and create a new system of control for Wales that provides a clear, robust framework to ensure that the construction industry builds homes that are safe, and will provide an effective route to redress if things go wrong. Diolch.