Overview

This bill amends the Building Safety Bill, primarily focusing on improving the safety of disabled people in higher-risk buildings and clarifying responsibilities regarding building safety measures. It introduces new requirements for building safety directors in resident management companies, clarifies service charge liability for building safety costs, and establishes new frameworks for remediation of defects and liability for construction products.

Description

Improvements for Disabled People

The amendments mandate assistance and encouragement to ensure the safety of disabled people in higher-risk buildings. They also require the regulator to assess the costs and benefits of measures to improve safety for disabled individuals, and ensure representation of disabled residents on relevant committees.

Building Safety Directors in Resident Management Companies

The bill introduces provisions to allow for the appointment of building safety directors in resident management companies responsible for higher-risk buildings, specifying eligibility, appointment, remuneration, and removal processes.

Service Charge Liability

The amendments clarify that service charges cover costs associated with building safety measures, including various reporting, engagement, and compliance activities. They also specify how these costs should be apportioned and limit the landlord's ability to avoid responsibility through contractual agreements.

Remediation of Defects and Liability for Construction Products

New clauses establish a framework for the remediation of certain defects in relevant buildings, defining "relevant building," "qualifying lease," and "relevant defect." It also introduces remediation orders and contribution orders to address costs, and clarifies the liability of those responsible for defects relating to construction products, particularly cladding, introducing time limits for legal action.

Other Amendments

The amendments also include several technical and clarifying changes, such as removing certain insurance requirements, modifying the application of the bill to the Crown and the Parliament Estate, and updating information sharing provisions between regulatory authorities. New build home warranties are introduced, requiring developers to provide warranties and insurance for defects in new homes.

Government Spending

The bill doesn't directly specify new government spending figures. However, the increased regulatory oversight and potential costs associated with remediation of defects and enforcement actions could indirectly impact government spending, though the exact amount remains undetermined.

Groups Affected

• Disabled residents of higher-risk buildings: Improved safety measures and increased representation.
• Resident management companies: New responsibilities regarding building safety directors and associated costs.
• Leaseholders: Clarification of service charge liability for building safety costs, potentially impacting financial burden.
• Landlords: Increased responsibilities for remediation of defects and potential financial liabilities, particularly in cases of insolvency.
• Construction industry: New liabilities and regulatory requirements related to construction products and defects.
• Developers: Obligation to provide new build home warranties.
• Regulatory authorities: Increased workload and responsibilities related to enforcement and oversight.

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