Question to the Ministry of Housing, Communities and Local Government:

To ask the Secretary of State for Levelling Up, Housing and Communities, with reference to his Department's press release entitled ‘Severe consequences’ for cladding companies who refuse to remediate, government warns investors, published 20 April 2023, what discussions his Department has had with Kingspan on how Kingspan will (a) scope, (b) identify and (c) pay for remediation works.

The Secretary of State has been very clear that, in the wake of the Grenfell Tower tragedy, those who contributed to legacy of unsafe buildings must take responsibility. His letter to major institutional shareholders in Kingspan, Arconic, and Saint-Gobain stated that if an appropriate financial package is not agreed then consequences for the relevant construction products manufacturers are likely to be severe.

These consequences may include legal action. Section 149 of the Building Safety Act 2023 has brought new powers that allow action to be taken against construction product manufacturers. Impacted parties can pursue construction product manufacturers for defective cladding products which have been used on relevant buildings (as defined in the Act as those over 11 metres). Relevant parties include leaseholders, contractors and freeholders. We expect this statutory power to be used to the full extent against those that have failed to take responsibility.

The Department has met with Kingspan and will continue to engage with them regarding their responsibilities. While it would not be appropriate to share specific details of these sensitive discussions, reputational, legal, commercial, or further new tools could all be considered if these firms do not do the right thing.