LATEST NEWS & UPDATES

This Bill is currently going through Parliament and is designed to enhance fire safety in buildings containing more than one home – the main thrust of the Bill is to clarify the extent of the buildings and parts of such buildings which are subject to the Regulatory Reform (Fire Safety) Order 2005 (which consolidates the main Fire Safety regulations) by making it clear that for any building containing two or more sets of domestic premises that Order will apply to the building’s structure and external walls and any common parts and all doors between the domestic premises and common parts, including the front doors of residential parts – it also clarifies that ‘external walls’ include doors or windows in those walls and anything attached to those external walls (including balconies)

 

The Bill will also make provision for increased enforcement action

 

Additional pressure has been brought upon the Government in relation to the Cladding scandal by amendments proposed to the Fire Safety Bill by two Conservative MP’s and which are designed to remove or reduce the burden on Leaseholders as regards to the cost of the remediation works required to their buildings

 

This Bill was again debated by the House of Commons on the 24 February, but the amendment proposed by more than 30 Conservative MP's to protect Leaseholders living in Flats from the cost of safety improvements (but which was opposed by the Government) was not put to the vote

 

The Government's argument against the amendment was that the Fire Safety Bill was not the correct place for remediation costs to be addressed, as it did not have the necessary legislative detail - the Building Safety Bill, due to be introduced in spring 2021 is considered to be the appropriate vehicle to address these issues

 

However, the initial draft form of the Building Safety Bill published in summer 2020 introduces a new safety charge payable by Leaseholders in addition to the service charge already payable by them, so there is a lot more debating to go

 

A separate proposed amendment to the Bill, essentially banning freeholders from passing fire safety improvement costs onto Leaseholders, did go to a vote but was defeated (340 to 225) 

 

The Fire Safety Bill will now be passed back to the House of Lords for further debate

 

 

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Building Safety Bill

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This Bill, a draft of which was published in summer 2020, is due to be introduced to Parliament in Spring 2021

 

It will set up a new safety regime in relation to Buildings (covering design, construction and occupation) and establish a new Building Safety Regulator

 

As mentioned above, it also introduces a new safety charge payable by Leaseholders in addition to the service charge already payable by them

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