Former parliamentary counsel Daniel Greenberg CB drafted the Polluter Pays clauses of the Earl of Lytton’s consumer protection legislation, before he took on his new role as current Parliamentary Standards Commissioner. The scheme is also backed by Grenfell inquiry construction lawyer David Sawtell as well as many other experts and organisations.
In 2021, Daniel describes at a conference in parliament, how effective the scheme will be at making builders and lead developers pay for Building Safety defects without the need of taking them to court.
The scheme delivers the following badly needed remedies to the flawed Building Safety Act and is urgently needed in 2024:
1. Protects the 1.7 million excluded leaseholders with remediation costs funded by the construction industry.
2. Removes the 3 tiers of ‘protection’ status (needlessly introduced by the Building Safety Act) blighting the UK flat market and causing conveyancers to reject this work due to lack of insurance cover.
3. Ensures the construction industry is the backstop for remediation costs, as many of the landlords are thinly capitalised so making them the backstop could result in many qualifying leaseholders being left in legal limbo due to freeholder insolvency. Freeholder insolvency is increasingly likely in 2024 as indicated in the government’s own impact assessment on ground rent caps.
4. Ensures that the rotten culture in construction ends with permanent joint and several liability on the developer or lead contractor or their parent companies. True consumer protection for blocks of flats. No need to take a party to court to get justice.
5. Removes the risk of more expensive mortgages due to extra capital being required under the new Basel 3.1 standards for dealing with permanently impaired mortgage securities blighted by building safety defects with no complete route to funding.
Over 62,000 people are now calling for consumer protection for blocks of flats (without the need to go to court) with the Earl of Lytton’s buildingsafetyscheme.org legislation.
With the Building Safety Act, 2022 freeholder leaseholder protections back stop now at serious risk of freeholder insolvencies with recent legislative proposals, even qualifying leaseholders could find a lack of funding available to cover ruinous remediation costs. Then of course there is the 1.7 million unqualified leaseholders who are still at risk. All because the government hasn’t got enough money.
A tower block in Bristol is being evacuated after a structural issue was discovered today (Nov 14, 2023).
The only way out of this crisis is the Earl of Lytton’s Building Safety Scheme to make those responsible for building defective blocks of flats (that cause evacuations) permanently liable without the need for homeowners to take them to court.
Consumer protection legislation for blocks of flats is needed as a matter of urgency in the UK. The Earl’s amendment is coming back to the House of Lords in due course.
We were thrilled Deepa Mistry, one of the key team members of the Earl of Lytton’s consumer protection amendment team and CEO of the Building Safety Crisis organisation opened the #VisionConstruct2023 conference earlier last week and gave the keynote address for Day 1 at Wembley Stadium
Deepa candidly and personally explains the serious challenges the Building Safety Crisis presents on the human level to all caught up in the crisis and the need for the Earl of Lytton’s consumer protection amendment for blocks of flats.
The Earl of Lytton debated the Building Safety Scheme in the House of Lords, please see statement and speech below. Our campaign for a full comprehensive solution to the Building Safety Crisis continues.
Statement from the Earl of Lytton
Levelling Up and Regeneration Bill debate 18 Sep 2023
The survey has even attracted the attention of a former state premier of Victoria, Australia and former co-chair of their Cladding Task force, who describes the Earl’s scheme as a global precedent for reform.
We appeal to the government to implement the Building Safety Remediation Scheme urgently. To protect the 1.7 million innocent flat owners currently excluded by the Building Safety Act.
The petition has also been featured in Today’s Conveyancer calling on the UK to sign:
The Earl of Lytton explains to the British Safety Council why his amendment is urgently needed:
1. Protect the 1.7 million excluded leaseholderswith remediation costs funded by the construction industry. 2. Remove the 3 tiers of ‘protection’ status (needlessly introduced by the Building Safety Act) blighting the UK flat market and causing conveyancers to reject this work due to lack of insurance cover. 3. Ensure the construction industry is the backstop for remediation costs, as many of the landlords are thinly capitalised so making them the backstop could result in many qualifying leaseholders being left in legal limbo due to freeholder insolvency. 4. Ensure that the rotten culture in construction ends with permanent joint and several liability on the developer or lead contractor or their parent companies.
Grateful to have the support of Propertymark who renewed their support on 28 July 2023 for the Earl of Lytton’s Building Safety Remediation Scheme. They join the Sunday Times, former state premier of Victoria Australia Ted Baillieu, the Mortgage Intermediary Association, the Association of Mortgage Intermediaries, the British Property Federation, ARMA and the National Landlords Association calling for this vital legislation to become law by Christmas 2023 as part of the Levelling Up Bill. Only by removing the unfair 3 tier flat market and protecting all homeowners from remediation costs can we begin to unblock the Housing market and prevent dangerous building in the future.