Written evidence submitted by Building Safety Scheme (RDC0051)

1. The buildingsafetyscheme.org " legislation drafted by parliamentary standards Commissioner Daniel Greenberg CB (before he started the role) with legal advice and backing from Grenfell Inquiry counsel David Sawtell essentially makes the developer or lead contractor or their parent companies joint and severally liable for construction time defects without the need to go through the courts (quasi judicial scheme) with a wide construction industry levy (including the cladding manufacturers) to cover orphan buildings where the developer doesn't exist.

2. The legislation would fund the 1.7 million excluded leaseholders under the Building Safety Act, 2022 where defects are found, end the partial PAS9980:2022 remediations condemning people to permanently high insurance where banned combustible material remains on buildings and introduce consumer protection for building defects without the need of court proceedings. 

3. Given the appalling life endangering safety critical defects in blocks of flats of some of the major house builders 77% for Taylor Wimpey, 69% Crest Nicholson, Bellway 43% and new master builder Barratt with 35%, the case for consumer protection (permanent liability) legislation couldn't be stronger. Statistics from developer contract data obtained by the BBC.

4. The Building Safety Act is failing! Including the 1.7 million leaseholders (National Residential Landlords Association figure) excluded from protection from ruinous remediation costs and also the new safety regime isn't changing the corner cutting culture in construction with 40% of Building Safety Regulator applications breaching building regulations. (https://www.insidehousing.co.uk/news/40-of-applicants-are-not-able-to-assure-the-regulator-that-building-regulations-are-being-met-london-assembly-members-told-90088). 

5. The watered down PAS9980 standard allows untested, banned combustible material to remain on buildings condemming residents to permanently high insurance, higher mortgage rate risks (Basel 3.1) and sellability issues with an EWS1 B1 rating. Propertymark confirmed to the government that growing numbers of insurers are declining to insure EWS1 B1 rated buildings post remediation. The Association of British Insurers told the BBC they want to see all combustible material removed during remediation. 

6. We need the post Grenfell building safety remediations to make homes safe, insurable and sellable. Until this is done, speeding up substandard remediations will not help. 

7. The answer to full addressing the post Grenfell building safety remediation crisis is the Earl of Lytton’s buildingsafetyscheme.org consumer protection legislation for buildings. We ask the committee to recommend this to be taken forward.

January 2025