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Following the publication of the Developer Pledge.
You will see in our response, which you can find here, we have highlighted our key concerns with the draft contract, particularly its ability to ensure that developers remediate to a standard that the impending Building Safety Regulator will accept. The inconsistency and lack of clarity over remediation standards presents a clear risk of developers conducting some remediation work, only for the building to fail to satisfy the Regulator and require further work. This has the potential to cause yet further issues, costs, and delays for residents, who may have to put up with two sets of remediation work on the same building issues if the first round of remediation work undertaken by developers does not meet the requirements of the Regulator.
We have also suggested the contract should ensure developers meet any historic costs incurred by leaseholders or building owners for fire safety and remediation work (e.g. waking watch costs, fire alarm installation costs, completed/partially completed remediation works); highlighted the need for an obligation on developers to pay their costs in a timely manner; outlined our concerns and potential for confusion with the definition of “Responsible Entity” and use of the term ‘nominated advisors’ with the current draft; and, finally, stressed the need for a robust mechanism to ensure that all developers are required to assess building remediation priority in the same way, to ensure the highest risk buildings are dealt with first, and that this process should be aligned with the priorities laid out under current fire safety legislation.
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TPI Position on Building Safety Remediation
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With only a matter of days until the August 10th deadline for DLUHC to finalise the developer remediation contract, we are keen to see the concerns and issues that we have raised with the draft contract amended in the final contract soon, so that the important work of fully funded remediation can continue, and at pace.
Moreover, it has been discouraging to learn from our members that this deadline – and vital remediation work - could now be in jeopardy, with developers unable to agree to the terms and scope of the draft contract - echoed by this report in The Sunday Times - which may cause further delays, leaving residents in unsafe buildings, and out of pocket – this is unacceptable. TPI is keen to see remediation works being conducted swiftly to ensure residents are safe in their homes. TPI is also clear that any works must be conducted to the standard that the new Regulator will sign-off, to avoid any further disruption to residents’ lives and buildings, and yet more costs and funding issues.
TPI is clear - and has been so for many years since the start of this crisis – the remediation of buildings and the protection of residents in the homes in which they live must come first. In short, fund now, fix now and fight over who pays later. TPI has repeatedly called on the Government to fund remediation work as a priority; the recovery of costs from the responsible parties can be resolved once buildings – and their residents – are safe. The delays potentially caused by further contract negotiations are unhelpful, and we hope that Government and the developers can reach agreement on the contract as soon as possible.
We will continue engaging with the Department and wider Government on these matters, ensuring residents and the remediation of buildings to the proper standards are put front and centre, and keep you updated on progress. |
