Fire safety failures

Help is available for councils trying to enforce safety work on high-rise buildings

More than five years after the terrible fire at Grenfell Tower killed 72 people, many building owners are still failing to address serious fire safety failures. 

Recent reforms mean leaseholders are no longer liable for most remediation costs and, understandably, many people assume that, once a building owner has applied for government funding to remediate their building via the Building Safety Fund, the matter is being dealt with. 

Unfortunately, this is not always the case, and the Government has made clear its growing frustration with landlords who are dragging their feet.

In December, Building Safety Minister Lee Rowley announced £8 million for enforcement by the 59 councils with the most high-rise buildings, and said he was looking forward to working with councils to make them “better equipped to make the most of the powers they have to hold freeholders to account”.  

The Department for Levelling up, Housing and Communities (DLUHC) is expected to contact councils shortly about the buildings that give the greatest cause for concern – those that have failed to make progress despite qualifying for funding, and those with interim fire safety measures that have yet to apply for it.

Under the Housing Act 2004, councils have a duty to inspect residential premises when they suspect a ‘category one hazard’ exists (the highest category under the Housing Health and Safety Rating System, HHSRS) – and a duty to act if they find one. Given the length of time since Grenfell, landlords’ failure to act could leave councils exposed to criticism if they wrongly assume the landlord is taking the matter seriously.

The LGA’s Joint Inspection Team (JIT), funded by DLUHC, provides a vital resource to support councils’ housing enforcement teams in dealing with landlords who refuse to put residents’ safety first. 

DLUHC expects any council affected by high-rise buildings with unsafe cladding to be in touch with the JIT.

Councils often have limited experience in using the HHSRS on high-rise buildings; that is where the JIT comes in. 

Councillor Meric Apak, Cabinet Member for Better Homes at Camden Council, told us: “The help the council received from the JIT has been invaluable. 

“The additional expertise of the fire engineer and building control officer identified issues to council officers, and gave them confidence that they fully understood the risks and identified the correct remedial action. 

“There was a real sense of partnership, and the council has continued to draw on the lessons learned in other inspections.”

DLUHC figures show that local authorities have taken enforcement action against 162 buildings with dangerous cladding – 37 with support from the JIT. 

In Newham, a joint inspection by the council and JIT resulted in a Housing Act 2004 Improvement Notice being served on a building owner, requiring the removal of aluminium composite material (ACM) cladding. 

The building owner then proceeded to identify and remove ACM from 10 other buildings within their portfolio.

Several councils have used the JIT to inspect multiple blocks, saving enormous amounts of officer time and council funds. However, there is concern that some councils are unaware that help is available.

The Government has been so pleased with the JIT’s record that it has funded a three-fold expansion in capacity, and the team is eagerly seeking new commissions from councils. 

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