Question to the Department for Levelling Up, Housing & Communities:

To ask Her Majesty's Government what is the maximum level of fine they can impose on freeholders of flat blocks where dangerous cladding has not been removed; and how many such fines have been imposed since the Grenfell Tower Inquiry started.

Government itself cannot impose fines but where building owners are failing to make acceptable progress in removing unsafe cladding then they should expect enforcement action by local authorities or Fire and Rescue Authorities. We have established a Joint Inspection Team to support local authorities in taking enforcement action where building owners are refusing to remediate high-rise buildings with unsafe cladding or are not making acceptable progress. Local authorities have a duty to take enforcement action under the Housing Act 2004 if they find the most serious ‘category 1’ hazards on residential premises and failure to comply with this can result in a financial penalty of up to £30,000 or prosecution in the Magistrates’ Court, which may result in a unlimited fine on conviction.

The Fire Safety Bill will also clarify that the Regulatory Reform (Fire Safety) Order 2005 (the ‘Fire Safety Order’) applies to external wall systems and will put beyond doubt that Fire and Rescue Authorities can enforce against and where necessary, pursue prosecution if Responsible Persons or those otherwise responsible under the Fire Safety Order fail to take appropriate fire safety measures with regards to unsafe cladding in multi-occupied residential buildings. The highest financial penalty that can be imposed for non-compliance with the Fire Safety Order is an unlimited fine. It is for the Court to decide on a case-by-case basis what financial penalty should be allocated. Details of enforcement action taken or being taken by local authorities and Fire and Rescue Authorities in regard to the buildings with unsafe Aluminium Composite Material (ACM) cladding can be found on the Building Safety Programme Monthly Data Release which is available (attached) at: https://www.gov.uk/guidance/aluminium-composite-material-cladding#acm-remediation-data .