Building Regulations

Debate between Maria Miller and Lord Wharton of Yarm

Wednesday 11th May 2016 Westminster Hall

[James Wharton]

At the risk of giving legal advice to the constituent in question on the basis of my hon. Friend’s explanation, helpful though it is—I do not want to stray into the specific legal position—when somebody buys something with a certain expectation, there is always the option of looking at whether a legal redress is the right course of action.

We also monitor and regulate the work that approved inspectors do. At the heart of my hon. Friend’s concern, or at least one part of it, is the way the approved inspectors system regime is working for our constituents. The Construction Industry Council Approved Inspectors Register is the approval body for approved inspectors, and it has reviewed its activities. One of its recommendations was that there be periodic audits of approved inspectors to ensure that they are doing the work that we expect them to do, to the standard that we expect them to do it. CICAIR started carrying out audits last year to pick up issues with particular approved inspectors—hopefully, before complaints are raised. The Building Control Performance Standards Advisory Group has also strengthened the standards that apply to both types of building control bodies—local authorities and approved inspectors—to give better targeting of building control work.

The role of building control can only ever be as a spot-checking service. The issuing of a building regulations compliance certificate at the completion of work is not a complete guarantee of compliance throughout the process; it is only a spot check that seeks to hold developers and builders to account and to ensure that the standards that we expect are applied.

[Mrs Miller]

I thank the Minister for his thoughtful response. As he has already agreed, an important way to make the inspection regime more transparent would be to make the approved inspector’s report available to people who are buying a new home. I would be grateful if the Minister would update the House on his progress in putting a new system in place.

[James Wharton]

I put on record my appreciation of the work my right hon. Friend has done in this area. She has been a powerful and effective advocate on behalf of her constituents when they have run into such problems. Indeed, in an Adjournment debate much earlier in this Session, we discussed some of the things that she wants to be done.

One of the ideas discussed was to modify the system to allow greater transparency of the process by which approved inspectors ultimately sign off work. Only the other week, I had a meeting with representatives of CICAIR to discuss initial proposals. It is something I intend to take forward, appropriately, to ensure that the system continues to work, while adding layers of transparency in line with my right hon. Friend’s desires and her comments in the House during that debate.

I will be happy to write to my right hon. Friend with details of exactly where we are in that process, but I assure her that I have heard, loud and clear, the concerns that she has expressed—in particular during the earlier debate—and I intend to act on them and find a way to deliver the transparency that she and her constituents are looking for. There are some complexities within that; I want to ensure it is done in co-operation with industry and in a way that people across the field support, but I think it will be welcome and I intend to deliver it. I will write to my right hon. Friend to ensure that she is fully updated on where we are in pursuing that process.

If an approved inspector does not take all reasonable steps, a complaint may be raised with the regulatory body, CICAIR. It will investigate whether an approved inspector has acted negligently or in breach of contract. It is also possible to make a claim against an approved inspector in the civil courts—that is another route by which redress may be sought—if they have not acted in accordance with the regulations or as they should, to give homeowners reassurance, and to give developers and builders reassurance that they are complying with the appropriate regulations.

Approved inspectors are, of course, insured. That should not be necessary and we hope that jobs are done properly, and we should not put unreasonable expectations on the process—as I said, it is a spot check, not a complete guarantee—but there is the option of civil recourse if people feel it to be appropriate. That is not advice, but it might be the right thing for them to do.

New Build Housing (Approved Inspectors)

Debate between Maria Miller and Lord Wharton of Yarm

Monday 20th July 2015 Commons Chamber

[The Parliamentary Under-Secretary of State for Communities and Local Government (James Wharton)]

I congratulate my right hon. Friend the Member for Basingstoke (Mrs Miller) on securing this debate. It is an important issue, as evidenced by the number of colleagues who have commented and attended from the Government Benches. It is a shame to note that there are no colleagues on the Labour or SNP Benches, although I congratulate the hon. Member for Strangford (Jim Shannon) on his diligent interest in these debates, which I know are important to his constituents.

At its heart, this is a debate about the quality of new build housing and the role of the approved inspector in the system that the Government oversee to deliver the sort of housing that our constituents rightly expect. I recognise that things do not always go right when someone buys a new home. It can be time consuming, stressful and expensive to get things put right when things go wrong in a purchase that is often extremely important to the individuals and families concerned. It can be very stressful and difficult when serious problems arise.

Homeowners can legitimately expect their home to be built to high-quality standards. The builder or developer has primary responsibility for complying with the building regulations, which are the primary mechanisms through which we regulate the quality of building and ensure that homes are safe and meet the standards people expect. They protect the health and safety, energy efficiency and water efficiency of a new house, but quality issues beyond building regulations requirements are a matter for the builder and purchaser to resolve. My right hon. Friend concentrated her comments on the system of inspection, so I want first to explain how the system of approved inspectors works, talk a bit about the regulation of the sector and then answer some of her specific questions.

The approved inspector system is run by the Construction Industry Council Approved Inspector Register, which has been designated by the Secretary of State to carry out his executive and administrative functions in respect of the approval and re-approval of approved inspectors. CICAIR requires approved inspector applicants to provide information about their skills, knowledge and experience, and plans for their business, including the systems and process that they intend to introduce. After the relevant information has been provided and checked for completeness, applicants attend an interview and give a presentation to the approval panel. If everything is satisfactory, CICAIR will allow them to act as approved inspectors. Approved inspectors are audited by CICAIR at its premises at least once every five years, but more often if complaints justify that, or if it appears to be necessary to ensure that they are meeting the obligations and standards that we rightly expect of them. Approval status lasts for five years. On re-approval, they are required to submit another application, and CICAIR will consider previous performance before granting re-approval. It is not necessarily an automatic process.

[Mrs Miller]

Does the Minister know whether any spot checks on the quality of the approved inspectors’ work are carried out by an independent source?

[James Wharton]

As it is the duty of CICAIR to run the process, checks are most commonly carried out when complaints have been made. Ongoing checks are not necessarily undertaken, but when complaints are made, a process is undertaken to look at the quality of the work that inspectors are doing.

This is not the first occasion on which concern has been expressed about the working of the regime. In 2012, the Construction Industry Council commissioned a review to deal with issues of governance and concerns about processes in the industry. The Ankers report covers the findings of that review, and makes 15 recommendations for possible improvements. They include reviewing the criteria for approving inspectors so that more consideration is given to the way in which applicants run their businesses, developing an annual return to monitor an approved inspector’s performance over the previous 12 months, and setting new targets for dealing with complaints.

I am pleased to say that all the report’s recommendations were accepted, and that CICAIR has already implemented some and is making good progress with others. For example, complaints are now being dealt with more quickly, and a programme of regular audits of approved inspectors is in place. My officials have regular discussions with CICAIR about the way in which it discharges its functions, including its progress in implementing the recommendations of the Ankers report. The systems governing approved inspectors are improving continually as a result of implementation of the Ankers recommendations, and the feedback received by CICAIR about its handling of the processes that it undertakes. Of course further improvements are always possible, and I recognise that my right hon. Friend has raised legitimate concerns on behalf of her constituents. I will take away those concerns tonight, and will consider, and discuss with my officials, whether further action is appropriate and necessary.

Approved inspectors have a duty to take such steps as are reasonable to enable them to be satisfied, within the limits of professional skill and care, that the relevant requirements of the building regulations have been complied with. They fulfil that duty by checking plans, conducting site inspections, checking the validity of energy and water efficiency calculations, and looking at other relevant documents. They can also question the evidence provided in certificates and other documents, and do not have to accept them as evidence of compliance. When necessary, approved inspectors may carry out their own tests and take samples to check compliance, and can go further. They have a range of powers and abilities to satisfy themselves that things are being done properly, although I suspect from what my right hon. Friend has said that her concern lies not with diligent inspectors, but with a small number who are not diligent.

Approved inspectors are required, as one of the conditions of their approval, to abide by the building control performance standards. Those standards help to ensure that building control standards are not driven down, which would put the health and safety of building users at risk. The building control performance advisory group, which is a sub-committee of the Building Regulations Advisory Committee, keeps the standards under continual review. Following a review in 2013, revised standards were published last year, which take account of the current expectations of the building control sector as well as those of customers. In particular, standard 6 covers site inspections. It requires records of each inspection to be maintained, and details of non- compliant work to be communicated promptly and clearly to the responsible person.

My right hon. Friend asked about the records and how they are dealt with in the current system. I should say that they are not necessarily detailed records; we do not prescribe a detailed format that they must take. Instead, they are records that the inspector keeps for their own use and often the content of them would not be of great use to individuals looking in from the outside to understand the processes undertaken.

However, approved inspectors are not clerks of work, nor are they responsible for quality issues beyond what is required by building regulations. They provide advice and guidance on how to bring work up to compliance standards. In most cases this is sufficient to ensure compliance with the building regulations. If unsuccessful, the approved inspector can cancel the initial notice and the work then reverts back to the local authority for enforcement action.

Homeowners who have been let down by the system and seek redress have a number of avenues to follow. First, they should complain directly to the builder or developer. In many cases this solves the problems, but of course not in all. If a warranty is in place, the homeowner can contact the warranty provider. Most warranties last for 10 years from completion of the building work.

In the first two years from completion of the building work, the builder is responsible for putting right defects caused by breaches of the technical requirements covered by the warranty. Where a defect is found and the builder refuses to carry out remedial work, a free resolution service is offered by the warranty provider.

The warranty provider will try to get the builder to carry out any necessary work, or in some cases arrange for the work to be carried out themselves. In years three to 10 from completion of the building work, the warranty provides insurance cover against the cost of repairing defined sorts of defects covered by the scheme. Warranties are not compulsory for new homes but the Department is aware that most new homes are covered by a warranty such as the NHBC Buildmark.

--- Later in debate ---

[James Wharton]

My hon. Friend pre-empts some of my later comments recognising the good work done by the all-party group of which he is a member. I will be very happy to meet him and his colleagues on that group to discuss their report and findings, and to see if there are lessons to learn. There is an ongoing process of review; we are always looking at what we can do better and where we can make improvements, and I have no doubt that the work that group undertakes will be very helpful and informative.

Builders are required to be registered with the warranty provider to be able to purchase their warranty products; complaints are often about products. A homeowner may also be protected by the consumer code for homebuilders, an industry-led scheme that aims to give protection and rights to purchasers of new homes.

The code applies to all homebuyers who reserve to buy a new, or newly converted, home on or after 1 April 2010 built by a homebuilder registered with one of the supporting warranty bodies such as NHBC. Between 2010 and 2013 57 cases were referred to the code’s independent dispute resolution scheme, of which 21 succeeded in part and two succeeded in full. In the last resort the homeowner may make a civil claim against a builder. Redress against the approved inspector is an issue that then becomes relevant to tonight’s debate. If an approved inspector is negligent or does not carry out such steps that are reasonable to enable them to be satisfied that the relevant requirements of the building regulations have been met, such as failing to visit the site often enough, a complaint can be made to CICAIR. If a complaint is upheld, CICAIR can take disciplinary action against the approved inspector and, as a last resort, remove their approval.

[Mrs Miller]

My hon. Friend refers to the fact that it is important that approved inspectors visit sites regularly. If their records are not made available, however, future home purchasers will not know that they have not visited regularly. Surely he will join me in acknowledging that transparency in the process will help shed more light on poor practice.

[James Wharton]

I acknowledge my right hon. Friend’s determination to pursue the point of the records, but the format they take will be of less use than she might hope. When a complaint is made to CICAIR, those records will be disclosed as part of the complaints process. A more thorough process then takes place once a complaint has been registered, but we do not prescribe the format that records must take, because it would be difficult to do so given the complexity of the different environments that inspectors inspect, so that may not provide the answers she is looking for. Acknowledging her point, I would, however, be happy to look again at the issue, to discuss it with my officials, to write to her more formally and, if appropriate, if we do not reach a conclusion with which she is satisfied, to meet her to discuss the implications of what she is saying, the reasons why the position is at it is today and whether we can sensibly look to change it. I am always happy to take those representations and to have those discussions with Members who have significant and important points to raise on behalf of their constituents. I recognise the veracity with which she makes that particular one and the concern that she has.

Homeowners may also seek legal redress against approved inspectors for negligence. All approved inspectors are required to have insurance cover, so there is money available to cover claims if they are found liable in the civil courts. I recognise, however, that it can be a difficult process for homeowners, because when something has gone wrong and in a difficult time after a significant purchase, they often do not have their expectations met. Taking civil legal action for negligence may not necessarily be a route they want to go down.

The Department continues to keep the approved inspector system and the building control system more generally under review. We have heard that it is necessary to do so. Clearly, constituents’ concerns have been brought to Members, and they have quite rightly reflected those during this evening’s debate. I hear the comments that Members have made, and I recognise from the number of written questions that Members present have tabled that there is concern and it should rightly be taken very seriously indeed. I do not necessarily accept that the current system is as flawed as some might like to portray it. There are misunderstandings in some quarters about the roles of the current system and of inspectors, but it is clear from this evening’s debate that that is not the case in the House, and that Members are well informed about the concerns that constituents have brought to them and are effectively advocating on their behalf to find an appropriate resolution.

As the Government embark upon a programme of building much-needed new houses, I recognise the importance of the role played by the Department, the Government and me as a Minister—having encountered my own challenges on behalf of constituents—in ensuring that the houses are of the quality that people expect and that buying them is as straightforward and stress-free as we all hope it ought to be.

Members have made clear points this evening, and I have made a number of offers to look into matters and to meet right hon. and hon. Friends to discuss them further. Those are offers that I know my officials will have made diligent note of, and which I look forward to being held to in future. I look forward also to being able, I hope, to find a suitable resolution to some of the concerns that have been raised. I cannot promise to meet all the demands that Members have put before the House, but I can promise to make my very best efforts to improve the system and always to endeavour to find improvements to provide a better experience to all new homebuyers, because it is such an important stage in anybody’s life. It is important that our constituents are able to have confidence in the system—an importance reflected by the comments this evening.

Question put and agreed to.