Asked by: Bobby Dean (Liberal Democrat - Carshalton and Wallington)
Question to the Ministry of Housing, Communities and Local Government:
To ask the Secretary of State for Housing, Communities and Local Government, what assessment she has made of the potential impact of an increase in the number of leasehold flat forfeitures due to leaseholders being unable to pay costs arising from building safety defects on the mortgage securitisation market; and if she will make a statement.
Answered by Samantha Dixon - Parliamentary Under-Secretary (Housing, Communities and Local Government)
I refer the hon. Member to the answer given to Question UIN 30259 on 19 February 2025.
Government remains committed to removing the disproportionate and draconian threat of forfeiture as a means of ensuring compliance with a lease agreement. Qualifying leaseholders are protected from costs of remedying specific historical safety defects under the Building Safety Act, while at the same time we ensure those who built defective buildings take responsibility for remedying them, and wider industry contributes to fixing the problem.
Looking specifically at mortgage securitisation, my officials speak to the mortgage lending sector who we would expect to raise if an issue.
Asked by: Bobby Dean (Liberal Democrat - Carshalton and Wallington)
Question to the Ministry of Housing, Communities and Local Government:
To ask the Secretary of State for Housing, Communities and Local Government, whether she plans to introduce a national (a) framework and (b) funding stream to support local authorities in purchasing ex-council homes in areas of (i) high vacancy and (ii) visible decline.
Answered by Matthew Pennycook - Minister of State (Housing, Communities and Local Government)
The government has no plans to introduce a national framework and funding stream of the kind suggested.
Asked by: Bobby Dean (Liberal Democrat - Carshalton and Wallington)
Question to the Ministry of Housing, Communities and Local Government:
To ask the Secretary of State for Housing, Communities and Local Government, whether her Department has made an assessment of the potential impact of financial incentives requested by (a) landlords and (b) agencies on the ability of charities to house rough sleepers.
Answered by Alison McGovern - Minister of State (Housing, Communities and Local Government)
It is the responsibility of Councils and their partners to develop a range of housing options that reflect local needs, including housing with support and making use of the private rented sector where is suitable for the needs of the individual.
Financial support including helping individuals with deposits, first month’s rent in advance, or one-off payments to landlords can be an effective means of securing private rented tenancies for people who have experienced rough sleeping.
Asked by: Bobby Dean (Liberal Democrat - Carshalton and Wallington)
Question to the Ministry of Housing, Communities and Local Government:
To ask the Secretary of State for Housing, Communities and Local Government, if she will take steps to ensure that mortgage lenders do not require EWS1 forms where there is no legal requirement; and if she will make an assessment of the potential impact of those requirements on leaseholders’ ability to sell their homes.
Answered by Alex Norris - Minister of State (Home Office)
External Wall System (EWS1) forms are not a legal or regulatory requirement in any circumstance.
My Department works closely with the mortgage lending industry to understand the challenges in the market for flats affected by fire safety issues, and we are encouraging mortgage lenders (banks and building societies) to move away from the use of EWS1s as a valuation tool, as some mortgage lenders are already doing. I met major mortgage lenders last month to reiterate this, and ask that they accept alternative evidence, for example the building’s Fire Risk Assessment (which the Responsible Person for a building is legally required to conduct) or, Fire Risk Appraisal of the External Wall.
I welcome the recently updated joint statement on cladding, signed by 10 major mortgage lenders, confirming they will consider lending on properties in buildings 11 metres and above, where the building is in a remediation scheme or the property is protected by the leaseholder protections in the Building Safety Act and the leaseholder has completed a ‘Leaseholder Deed of Certificate’ to evidence it. An EWS1 form should not be required in these scenarios.
Asked by: Bobby Dean (Liberal Democrat - Carshalton and Wallington)
Question to the Ministry of Housing, Communities and Local Government:
To ask the Secretary of State for Housing, Communities and Local Government, what assessment she has made of the potential impact of increases in the number of leasehold flat forfeitures arising from a leaseholder’s inability to pay costs arising from building safety defects on the mortgage securitisation market.
Answered by Alex Norris - Minister of State (Home Office)
The Government does not hold data regarding the number of buildings below 11m and collectively-owned buildings constructed since 1992 with partial or no protection from costs arising from building safety defects under the Building Safety Act 2022.
However, the risk to life from historic fire safety defects is lower in buildings under 11m and so works are required in only a very small number of these buildings. In the rare cases where cladding remediation work is required, the Department has engaged the relevant developers and is having constructive conversations about funding these works so that leaseholders are not required to pay those costs.
The leaseholder protections on service charge and remediation costs do not apply in collectively-owned buildings where for example some or all the leaseholders have acquired the freehold.
However, leaseholders in these buildings, either individually or collectively, can pursue developers – and their associated companies – via a remediation contribution order, for funds they have spent or will spend remediating their buildings for relevant defects.
Please be assured that we are committed to reviewing how to better protect leaseholders from costs and to accelerate the pace of remediation across the country.
The Government is also unable to estimate or predict the number of residential leaseholders who may face forfeiture due to their inability to pay building safety costs, however, we are committed to removing the disproportionate and draconian threat of forfeiture as a means of ensuring compliance with a lease agreement.
Asked by: Bobby Dean (Liberal Democrat - Carshalton and Wallington)
Question to the Ministry of Housing, Communities and Local Government:
To ask the Secretary of State for Housing, Communities and Local Government, how many (a) leaseholder-owned buildings and (b) buildings below 11 metres that were constructed since 1992 have (i) partial and (ii) no protection from a liability to pay costs arising from building safety defects under the provisions of the Building Safety Act 2022.
Answered by Alex Norris - Minister of State (Home Office)
The Government does not hold data regarding the number of buildings below 11m and collectively-owned buildings constructed since 1992 with partial or no protection from costs arising from building safety defects under the Building Safety Act 2022.
However, the risk to life from historic fire safety defects is lower in buildings under 11m and so works are required in only a very small number of these buildings. In the rare cases where cladding remediation work is required, the Department has engaged the relevant developers and is having constructive conversations about funding these works so that leaseholders are not required to pay those costs.
The leaseholder protections on service charge and remediation costs do not apply in collectively-owned buildings where for example some or all the leaseholders have acquired the freehold.
However, leaseholders in these buildings, either individually or collectively, can pursue developers – and their associated companies – via a remediation contribution order, for funds they have spent or will spend remediating their buildings for relevant defects.
Please be assured that we are committed to reviewing how to better protect leaseholders from costs and to accelerate the pace of remediation across the country.
The Government is also unable to estimate or predict the number of residential leaseholders who may face forfeiture due to their inability to pay building safety costs, however, we are committed to removing the disproportionate and draconian threat of forfeiture as a means of ensuring compliance with a lease agreement.
Asked by: Bobby Dean (Liberal Democrat - Carshalton and Wallington)
Question to the Ministry of Housing, Communities and Local Government:
To ask the Secretary of State for Housing, Communities and Local Government, what information her Department holds on the number of residential leases that will be forfeited because of a leaseholder’s inability to pay costs arising from building safety defects in the next five years.
Answered by Alex Norris - Minister of State (Home Office)
The Government does not hold data regarding the number of buildings below 11m and collectively-owned buildings constructed since 1992 with partial or no protection from costs arising from building safety defects under the Building Safety Act 2022.
However, the risk to life from historic fire safety defects is lower in buildings under 11m and so works are required in only a very small number of these buildings. In the rare cases where cladding remediation work is required, the Department has engaged the relevant developers and is having constructive conversations about funding these works so that leaseholders are not required to pay those costs.
The leaseholder protections on service charge and remediation costs do not apply in collectively-owned buildings where for example some or all the leaseholders have acquired the freehold.
However, leaseholders in these buildings, either individually or collectively, can pursue developers – and their associated companies – via a remediation contribution order, for funds they have spent or will spend remediating their buildings for relevant defects.
Please be assured that we are committed to reviewing how to better protect leaseholders from costs and to accelerate the pace of remediation across the country.
The Government is also unable to estimate or predict the number of residential leaseholders who may face forfeiture due to their inability to pay building safety costs, however, we are committed to removing the disproportionate and draconian threat of forfeiture as a means of ensuring compliance with a lease agreement.
Asked by: Bobby Dean (Liberal Democrat - Carshalton and Wallington)
Question to the Ministry of Housing, Communities and Local Government:
To ask the Secretary of State for Housing, Communities and Local Government, if she will make it her policy to require the removal of all combustible material from residential buildings over 18 metres in height.
Answered by Matthew Pennycook - Minister of State (Housing, Communities and Local Government)
On 29 November 2018, the Government banned the use of combustible materials in the external walls of new high-rise residential buildings over 18 metres in height. The ban also applies to new hospitals, residential care premises, dormitories in boarding schools, and student accommodation over 18 metres.
All building safety defects must be assessed and regulators must have the power to enforce where the risks identified are not quickly and appropriately addressed. The Remediation Acceleration Plan (RAP), which was announced on 2 December 2024, is focused on addressing the immediate life safety fire risks associated with cladding.
The publication of the RAP announced targets around the pace of remediation in England for the first time, such that, by the end of 2029, all 18m+ buildings with unsafe cladding in a government funded scheme should be remediated, every 11m+ building with unsafe cladding will either have been remediated, have a date for completion, or its landlords liable for penalties.
Asked by: Bobby Dean (Liberal Democrat - Carshalton and Wallington)
Question to the Ministry of Housing, Communities and Local Government:
To ask the Secretary of State for Housing, Communities and Local Government, if she will make an estimate of the number of leasehold flats containing combustible material with higher insurance costs that will be classified as permanently impaired under the Basel 3.1 requirements.
Answered by Matthew Pennycook - Minister of State (Housing, Communities and Local Government)
My Department has engaged with the Bank of England with a view to understanding the potential impact of implementing the Basel 3.1 standards on properties with extant building safety issues or those that have carried out remediation works recommended by a fire professional following the PAS 9980 guidance.
The Bank does not expect these changes to have a material impact on current industry practice for determining property valuations, including for properties with cladding.
Officials in my department are in regular contact with the lending and insurance industry on issues related to fire safety affected buildings and will continue to work with them to ensure leaseholders in buildings with cladding are able to re-mortgage and sell freely.
Asked by: Bobby Dean (Liberal Democrat - Carshalton and Wallington)
Question to the Ministry of Housing, Communities and Local Government:
To ask the Secretary of State for Housing, Communities and Local Government, with reference to her Department's joint publication Fire risk appraisal of external wall construction and cladding of existing blocks of flats - Code of practice, published in January 2022, what assessment she has made of the adequacy of the Code of Practice.
Answered by Alex Norris - Minister of State (Home Office)
MHCLG and Home Office have jointly commissioned the British Standards Institution (BSI), who developed the Fire risk appraisal of external wall construction and cladding of existing blocks of flats - Code of practice (known as PAS 9980) to review it to make sure it still meets the needs of the market, captures any new best practice, and make revisions as required. BSI has commenced work and anticipate the review, including a 6-weeks public consultation, will be complete in early 2026.