Draft Building Safety (Responsible Actors Scheme and Prohibitions) (Amendment) Regulations 2026

Gareth Bacon Excerpts

Monday 13th April 2026 General Committees

[Gareth Bacon (Orpington) (Con)]

It is always a pleasure to serve under your chairmanship, Sir Edward. I welcome the opportunity to sit opposite the Minister again, and appreciate the remarks Committee members have made already. Ensuring the safety of people’s homes is, of course, a vital part of the work of the Ministry of Housing, Communities and Local Government. In the aftermath of the tragic loss of 72 lives in the disaster that was the Grenfell Tower fire, the previous Government began that process through key pieces of legislation, including the Building Safety Act 2022. In many ways, the Opposition are pleased to see that work continue under this Government and the stewardship of the Minister.

Unfortunately, apparently not all parties see eye to eye on the matter. Changes to the planning system, including reforms to well intentioned safeguards such as the Building Safety Regulator, may be necessary. That is far from what Reform UK’s most senior designated spokesperson on housing said just before the recess. His comments cannot merely be described as misguided; they were insensitive to the point of being cruel and dismissive. That lamentable episode once again highlighted Reform’s inability to grasp the technicalities of many policy issues, and, critically, the inability of this one-man-band to muzzle its improperly vetted spokespeople and their shocking views.

Let me move on to the detail of the statutory instrument. The previous Government launched the responsible actors scheme in July 2023. The aim was clear and responsible: to use sections 126 to 129 of the Building Safety Act 2022 to recognise action taken by responsible developers to locate, assess, remediate or pay to remediate life-critical fire safety defects in residential buildings with a height of 11 metres or more that they had developed or refurbished over the 30 years leading to April 2022, as the Minister said.

The other side of establishing the scheme was to create a responsible actors scheme prohibitions list, and I note the comments made by my right hon. Friend the Member for North East Cambridgeshire. The explanatory memorandum says that the Department

“will continue to monitor and publish data”

on that, but it appears that there is no data, so I would welcome it if the Minister copied me into her response to my right hon. Friend. The responsible actors scheme prohibitions list contains any eligible developer that is invited the scheme but declines to join, or that has its membership revoked for non-compliance with its conditions.

As we have heard, the changes the Government seek to make through these specific regulations are purely technical, and we will not divide the Committee on them. However, I will take this opportunity to ask the Minister about the wider issue of building safety. As Committee members will know, the Building Safety Act’s leasehold protections and developer remediation contract do not apply to, and remediation orders and remediation contribution orders cannot be used for, buildings under 11 metres. Therefore, leaseholders could be held liable for all or part of the costs associated with remediating fire safety defects, such as cladding. The Government have said that

“the risk to life is usually lower in buildings under 11 metres, and they are very unlikely to need the same costly remediation.”—[Official Report, 11 September 2024; Vol. 753, c. 928.]

In July 2025, they also said that they had investigated all buildings under 11 metres that had been brought to their attention since 2022, and explained that the vast majority had not required cladding remediation works and that lower-cost mitigation measures had often addressed the fire risks. However, that came alongside a promise to

“provide funding in those exceptional cases where multi-occupied residential buildings under 11 metres have life-critical fire safety risks from cladding and do not have an alternative route to funding.”

That pledge was made in July 2025. Will the Minister update us on when further details on funding will be confirmed?

It is vital that work continues to make homes safer, including accelerating efforts to remove all dangerous cladding. I welcome the update the Secretary of State gave three weeks ago, announcing that 91% of high-rise residential and public buildings have had cladding removed. However, that still leaves too many buildings coated in unsafe material; whether 100% or 9% are left, any home coated in dangerous cladding is a home too many. I would welcome the Minister’s comments on those points.