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THE ‘Right to Regenerate’

From: Ministry of Housing, Communities & Local Government and The Rt Hon Robert Jenrick MP 16th January 2021

 

The public will be able to convert vacant plots of land and derelict buildings into new homes or community spaces.

The public will be able to convert vacant plots of land and derelict buildings into new homes or community spaces, under plans announced today (16 January 2021) by the Housing Secretary, Robert Jenrick MP.

The ‘Right to Regenerate’ proposals would make it easier to challenge councils and other public organisations to release land for redevelopment – helping communities make better use of public land and give a new lease of life to unloved buildings.

Underused public land could be sold to individuals or communities by default, unless there is a compelling reason the owner should hold onto it.

Under the proposals, public bodies would need to have clear plans for land in the near future, even if only a temporary use before later development – if the land is kept for too long without being used, they would be required to sell it.

These measures provide an opportunity for the public and local communities to redevelop and transform eyesores, taking control of unused local land or buildings and transforming them into something they want in their area.

This builds on the government’s drive to encourage development on brownfield land and more beautiful buildings that are in line with local preferences.

The strengthened rights would also apply to unused publicly owned social housing and garages providing opportunities to transform the local housing stock.

The latest figures show there were over 25,000 vacant council owned homes and according to recent FOI data over 100,000 empty council-owned garages last year.

The new process will be fast and simple, and the Secretary of State will act as an arbiter to ensure fairness and speedy outcomes in all cases.

Housing Secretary Rt Hon Robert Jenrick MP said:

Right to Regenerate is the simple way to turn public land into public good, with land sold by default, unless there is a very compelling reason not to do so.

We are cutting through red tape so that communities can make better use of available land and derelict buildings, which means more new homes, businesses and community assets.

Millions of people will now be able to buy that empty property, unused garage or parcel of land and turn it into something good for them and their community.

Tom Chance, Chief Executive of the National Community Land Trust Network, said:

We welcome these plans that could help communities to turn abandoned and neglected land and buildings into fantastic community assets.

There are hundreds of community land trusts across the country wanting to build much needed affordable housing, but getting hold of land at an affordable price is a huge barrier.

The potential for communities to be given first right of refusal could be a gamechanger. We encourage everyone to read through the proposals and respond to the consultation.

Ian Harvey, Executive Director of Civic Voice said:

Across the country, communities see land that remains empty and wonder why. They imagine how it could be used for communities – from green space, to housing, but when they enquire about enhancing the space it’s never clear who owns it.

If a community has a viable use for this land, they must be given the opportunity to take these ideas forward.

The ‘Right to Regenerate’ is a great-step forward to build on previous attempts at doing this and we believe it will increase the chance for communities to come together to bring vacant land into the heart of the community. We look forward to working with communities on this latest community right.

In practice this could mean if a member of the public had an unused plot of land at the back of their house owned by the council, they could use the new Right to Regenerate.

If the land was determined to be underused with no plans to bring it into use, it would be sold and the person making the request could have first right of refusal to purchase – enabling them to extend their garden, or for the community to come together to use the land in a beneficial way.

In 1980, Michael Heseltine introduced powers that form part of the current ‘Right to Contest’ – giving the public the power to request the sale of underused land owned by public bodies in England, and these were extended through the Community Right to Reclaim Land, in 2011.

However, since the 2014 creation of the Right to Contest, only 192 requests have been made under this power and only one has been granted, having usually been refused because the owner had future plans for the land, which meant some sites were left unused for years. Today’s proposals will revitalise and strengthen the right to encourage more successful requests.

Today’s announcement also builds on measures the government is taking to regenerate urban areas across England, including encouraging councils in urban areas to plan for more homes and make the most of brownfield land.

The consultation opens today and closes on 13 March.

Further information

Further proposals in the new Right to Regenerate consultation also include:

  • Publishing a definition of unused or underused land, helping to guide and encourage the public to make requests.
  • Extending the range of public bodies whose land is covered by the right to include town and parish councils.
  • Giving the requester the exclusive right to buy the land at market value for a period of time (a ‘right of first refusal’). Under the current Right to Contest, there is no expectation that a requester would have a right of first refusal rather than the land being placed on the open market, giving people less incentive to make a request.
  • The consultation on the Right to Regenerate applies to land owned by public bodies in England.
  • The Local Government, Planning and Land Act 1980 empowers the Secretary of State to direct a body within a specific list of bodies, set out in Schedule 16 to that Act, to take steps to dispose of their interest in that land where that land is not being used or not being sufficiently used. This policy has two strands. Strand 1 covers central government bodies on a voluntary, non-statutory basis, and is administered by the Cabinet Office. Strand 2 covers those public bodies set out in Schedule 16 of the 1980 Act and is administered by the Ministry of Housing, Communities and Local Government. This consultation relates to Strand 2.
  • In addition to making it easier to make a request for land to be sold, the consultation proposes measures to improve transparency and assisting with record-keeping by requiring councils to follow publicity measures including:
    • submitting quarterly reports on the number of preliminary enquiries made
    • physical and electronic notices to be displayed where a request has been made to release a site
    • all requests, together with their reasoning and outcomes, to be published on councils’ websites

 

 

Source: Gov.uk

 

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Grenfell Tower Enquiry: Implications for mortgage lenders

Re-cladding work in progress – Stratford, London

Peter Glover offers a surveyor’s view of the recent Grenfell enquiry and what it means for mortgage lenders

With the news headlines dominated by Covid, lockdowns, Donald Trump and Brexit the general public may be forgiven for failing to appreciate that details of a major regulatory and corporate scandal have been unfolding at the Grenfell Tower Enquiry.

Owners and tenants in flats with unsafe cladding will have been aware of the issues for some time if they are living in blocks which require on-site fire wardens and many leaseholders are currently unable to sell, being trapped in flats which are currently unsaleable and unmortgageable either because the building has unsafe cladding or because the safety or otherwise of the cladding has yet to be determined.

There are three aspects of this desperately sad situation which are relevant to mortgage lenders. First, mortgage lenders may find their borrowers are no longer able to pay their mortgages because they are faced with huge service charges for replacing unsafe cladding and paying fire wardens in addition to the other pressures following from lockdowns and Covid.

Secondly, in those cases where mortgage lenders take possession of the flats they may be unable to sell them or only able to sell at a much reduced price to a cash buyer.

Thirdly, there is the potential, but unjustified, reputational damage to mortgage lenders who may be accused of permitting – or even encouraging – borrowers to invest in unsafe flats.

When the Grenfell Enquiry report is published there is likely to be an outpouring of anger, blaming and buck-passing followed by years of litigation as cladding suppliers, developers, builders, architects and insurance companies deal with the after-shock. There may also be criminal prosecutions.

Construction materials

The inquiry has been hearing evidence regarding the testing and marketing of the combustible materials which were attached to the exterior of the Grenfell Tower.

Essentially these were the actual cladding material comprising thin aluminium sheets bonded to a core of polyethylene and the two forms of combustible foam insulation fitted behind it.

The cladding was manufactured by Arconic, a USA based company and the foam insulation panels were provided by Celotex, a French multinational, and Kingspan an Irish company.

Surveyors preparing reports and valuations will be very familiar with Celotex and Kingspan as both products are widely used in the construction industry.

Insulation is important and a vital component in our battle to retro-fit existing buildings and provide warm new homes if government targets to combat climate change are to be met.

So there is nothing wrong in principle with the idea of cladding existing buildings on the outside with insulation material but this process has to be viewed with scepticism as is the current trend to use novel and untried building systems generally.

Surveyors, who are concerned with the reliability and long-term performance of buildings, are by nature sceptical.

Most construction materials and techniques have evolved over hundreds of years by a process of trial and error. Surveyors acting for mortgage lenders like to be reassured by the sight of well-tried building materials put together in a familiar way.

When something new is proposed such as cladding a tower block with Kingspan and Celotex surveyors need to know that rigorous independent testing has been undertaken within a suitable regulatory framework.

On the evidence presented in relation to Grenfell the regulatory framework in this case failed and the testing was defective.

When a surveyor prepares a mortgage valuation report on a flat the inspection of the property will be brief and the investigation into the nature of the construction sufficient only to confirm that the construction meets the lender’s lending criteria.

The valuation will be subject to the legal adviser confirming that Building Regulations have been complied with in relation to the original construction and any subsequent works such as cladding.

Fire risks

Evidence so far presented at the Grenfell Enquiry suggests that the manufacturers were aware that their products posed serious fire risks and that this was concealed from both regulators and the market so that they could be sold for use on high rise building.

Moreover the local authority Building Control department was under staffed and under resourced. The combination of cladding materials used on Grenfell was wrongly assumed to have been correctly certified and 72 people died.

We now know that dangerous cladding and insulation materials have been installed on tall buildings throughout the country.

Thousands of people are stuck in their homes unable to sell and facing huge bills for remedial works.

Confirming safety

In an attempt to distinguish those blocks which are dangerous from those which are safe a system of professional inspection is now in place and occupants can commission an EWSI external wall fire review certificate.

With the necessary certificate potential buyers can be reassured, flats can be sold and mortgage lenders can lend.

The EWSI External Wall Fire Review Certificate scheme has been put in place by the Building Societies Association and UK Finance and applies to buildings 18 metres or more in height.

The building is inspected by a suitably qualified specialist and the cladding checked to confirm that it is not combustible. This scheme, useful as it is, is specifically addressed to the question of cladding but surveyors advising their clients will be concerned regarding other issues in relation to blocks of flats built, or refurbished, using modern methods of construction.

In contrast to the mortgage valuation inspection a Building Survey is a much more detailed examination and in my career I have prepared many Building Survey reports on flats for prospective buyers, often at the same time as advising their mortgage lender.

A more thorough inspection and an examination of the original plans of the building will often reveal significant concerns regarding many aspects of the construction including fire safety.

Tower blocks should always have at least two stairwells so that occupants being evacuated can go down one whilst the fire services and their equipment come up another (lifts must never be used in a fire).

The building must be divided into compartments with self-closing fire doors between each section and the wall cavities fire stopped between each flat. On exposure we often find that the fire stopping to the cavities within walls is breached due to poor workmanship especially where services such as plumbing and drainage pass through.

It goes without saying that the exterior of a building, whatever its height, should not be clad in any material that burns vigorously and we should look critically also at buildings clad in timber or having timber balconies.

A major overhaul of the procedures for testing and approving building systems generally is likely to be recommended when the Grenfell Enquiry completes its work.

Peter Glover is a surveyor and author of ‘Building Surveys’ and ‘Buying a House or Flat’

 

Source: Mortgage Finance Gazette

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Hikes in the cost of US lumber, copper and other necessary materials forecast

Construction largely survived and even thrived during the pandemic along the Gulf Coast last year, but rising construction commodity prices threaten to put a crimp on profit margins, hike rents and even postpone some projects in 2021.

The most notable commodity price increase has been for lumber, which surged more than 35% in the final weeks of 2020. That price hike, to more than $650 per thousand board, is especially worrisome to apartment developers because they rely increasingly on wood for so-called “stick-built” multifamily rental properties.

Current price increases could add thousands of dollars to the cost of a four-story, “garden-style” apartment complex — the type favored by most suburban multifamily rental developers, according to National Association of Home Builders data and projections.

The increased costs stem from a number of factors, including continued demand from builders, fires on the West Coast of the U.S. that have decimated inventory and COVID-19-related mill closures.

“In terms of lumber, there’s no question that the pricing is just going up, up, up,” says Craig Klingensmith, head of the Tampa office of Coastal Construction, a Miami-based general contractor that is working on the $3 billion Water Street Tampa and other area projects.

But while lumber has seen the largest gains coming into 2021, construction experts say other materials are also rising amid continued growth throughout the state and the U.S.

Metals like copper and steel for re-enforced concrete and steel cable have risen dramatically or are poised to do so with early 2021 orders, builders say.

“The cost of steel is up by 35% over the last 45 days,” Nick Sanfilippo, senior vice president of project management for Tampa-based Franklin Street, a commercial real estate and financial services firm, says during a mid-December webinar.

“It’s been a massive increase.”

Similar hikes are occurring for PVC piping, electric panels and other materials.

“It’s been a crazy year for commodities, we’re definitely seeing those spikes,” says John Bowden, senior vice president for the Mid-Florida division of Moss, a major general contractor building the Kolter Group’s luxury Ritz-Carlton Residences in Sarasota and other Gulf Coast projects.

Although some price increases are expected within the industry at the beginning of each year, Bowden and others say the 2021 hikes exceed the norm and could impact severely projects going forward.

“This is more than the normal inflation,” Bowden says. “This year feels different. Over the last five years, there have been price increases, naturally, but we’ve largely been able to mitigate the impact with conversions to other materials or through other means.

“What we’re seeing now in our planning and budgeting are some pretty significant jumps that could affect the overall projects.”

Like many economic changes that have taken place over the past year, Bowden and others blame COVID-19’s impact on domestic and international supply chains, the ability to distribute materials and a lack of workers for production.

“A lot of the increases we’re seeing now are COVID-19 related, with plants that had to shut down or decrease their workloads, and those things are just now coming to the surface,” Bowden says.

Earlier this month, the Associated General Contractors of America, a leading construction industry trade group, released its annual outlook for construction for 2021. In its forecast, AGC expects a more “pessimistic” 2021 in the U.S. as a shortage of materials, rising labor costs and other factors infringe on building.

Florida is likely to fair better than many states, the group projects from a comprehensive survey of firms nationwide, but the Sunshine State will also likely be negatively impacted.

“It will be interesting to see what happens in the second half of the new year,” Klingensmith says. “There are some folks who are bullish and believe construction will be status quo, but I’ve heard from others who say it’s going to depend largely on the supply chain. It’s definitely something that’s on our radar.”

Not all major construction commodities are poised to rise in cost, however.

Both glass and concrete prices have remained steady and are expected to continue that way well into 2021, a boon for high-rise and urban projects.

But the future of lumber costs remains a daunting question.

Beginning in April, when the pandemic took hold across the U.S., and continuing through August, lumber prices rose by 110%, according to National Association of Home Builders stats. In September, they rose again, by another 28%, according to some formulations, to $950 per thousand board before retreating below $600 per thousand.

“On a typically stick-built project, the hike absolutely could affect the overall pricing of an apartment project because the jump was so extreme in such a relatively short period of time,” Bowden says of lumber costs.

Franklin Street’s Sanfilippo agrees.

“I have stacks of letters on my desk from subcontractors about lumber cost increases,” he says.

Little wonder, then, that a National Multifamily Housing Council survey in mid-December found that many are concerned about materials.

In the survey, 82% of council respondents say they experienced price increases in necessary materials during 2020, and 58% say that their business was  being impacted by material shortages.

That reversed the findings of the group’s previous annual survey, in late 2019, when only 18% of those responding indicated that they were facing commodity price increases.

At least for now, that impact hasn’t trickled down to multifamily rental housing development or interest in the sector along the Gulf Coast.

But experts warn new apartment deals could be more difficult to complete because of material costs, availability of quality sites, labor, existing inventory and other factors.

“There’s no doubt that multifamily deals are getting harder, in part, because the costs associated with completing those projects are climbing at a high rate,” says Nancy Surak, head of commercial real estate brokerage Land Advisors Organization in Tampa and throughout Central Florida.

“That said, we’re still seeing a lot of demand, though.”

Source: Business Observer

 

 

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HS2 hits out at Cheshire campaign group over quicklime claims

A CAMPAIGN group against HS2 has been attacked by the company building the project and accused of ‘scaremongering’ the public.

Mid Cheshire Against HS2 is concerned about the environmental impact of the high-speed railway, which it claims ‘will likely never be carbon neutral’, and points towards the emissions that will be caused during its construction.

The group now has fresh concerns over the use of quicklime on the project, after HS2 Ltd awarded a contract for the supply of around 100,000 tonnes of the substance for the Phase 1 – between London and Birmingham.

But HS2 Ltd has slammed the campaign group, insisting quicklime is commonly used in building and infrastructure projects across the UK.

A spokesman for the company said: “HS2 takes the environmental cost of construction very seriously.

“Instead of pushing scaremongering stories, these campaigners should observe that all leading environmental organisations agree that climate change is the biggest future threat to wildlife and habitats in the UK.

“By providing a cleaner, greener way to travel, HS2 will help cut the number of cars and lorries on our roads, cut demand for domestic flights, and help the country’s push to reduce carbon emissions.”

Lime stabilisation involves adding quicklime as a cementitious material to soils which are otherwise too soft for their intended use.

HS2 Ltd says the process will be used for shallow ground improvement and would not be used to address historical subsidence issues seen in Cheshire if the route north of Birmingham is approved.

Mid Cheshire Against HS2 says around 1,000 kg of CO2 is emitted for every tonne of quicklime produced, including the formation of calcium oxide and the heat needed to produce it.

Graham Dellow, vice-chairman of Mid Cheshire Against HS2, fears large quantities of the substance could be used in the area for Phase 2b of the scheme – between Crewe and Manchester.

He said: “This toxic chemical is apparently needed to help stabilise the ground which will have to support the concrete and steel and the dynamic forces of trains moving at speeds up to 250mph.

“Along the route ground conditions vary enormously and opponents of HS2 believe that massive and expensive engineering problems still to come will continue to push up the already escalating costs.

“While lime has been used for centuries all over the world in mortar and as a stabiliser in mud renders and floors, we are doubtful that it has ever been used on such a massive scale for any infrastructure project.

“It is a toxic substance liable to strict handling protocols because it can have very serious damaging effects.”

The campaign group says this will add to ‘thousands of tonnes of CO2’ produced from the steel and cement industry during construction, as well as vehicle movements while the railway is built.

But HS2 Ltd says its contractors have also carried out risk assessments on the use of quicklime and environmental mitigations – and that these have been approved by the Department for Transport.

A spokesman added: “Lime stabilisation is commonly used in road and rail infrastructure projects across the UK and Europe, and HS2 contractors conduct full risk assessments before using it.

“In addition, the use of lime to improve soils enables their re-use on the project instead of disposing of them, and therefore has a significant overall environmental benefit.”

Phase 2b, including the route through Cheshire, is yet to receive approval by Parliament.

Source: Northwich Guardian

 

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Melton Council to consider road sale to enable 90 low cost homes to be built

The Lake Terrace field where 90 affordable homes are due to be built (EMN-210115-155116001) and right the household waste and recycling site is shown to the south and the proposed landscaping area stretching from south to north on the site (EMN-210115-155056001)

 

Developers want to buy a section of road feeding Melton’s household waste site to enable access to 90 new low cost homes they are due to start building nearby.

GS Developments, in partnership with Nottingham Community Housing Association (NCHA), has planning permission for 48 affordable properties and 42 with shared ownership on a site off Lake Terrace.

The development would envelop the town tip and recycling centre and residents would need to use the same road as visitors to the waste site.

Lake Terrace is owned jointly by Melton Borough Council and Leicestershire County Council and the developers need to buy a stretch of it for their scheme, with building of the homes set to begin in

The borough council’s planning committee will discuss whether to sell part of Lake Terrace at a cabinet meeting next week with officers recommending the land sale is approved.

A report to go before councillors says that the properties would provide an opportunity for many more low income families to buy their own homes, as well as reducing the number of people who might be homeless.

It states: “A sale price has been agreed with the developer ‘in principle’ subject to contract, cabinet approval and the developer’s board approval.

“The access land will be a publically adopted road section, at an estimated cost to the developer of £150,000, which will benefit the council by removing the current repair and maintenance liability for the council.”

The section of Lake Terrace which developers want to buy as part of their access to a new housing development (EMN-210115-155106001)

The developer would build footpaths and street lighting on Lake Terrace and it would also enhance the access to the waste and recycling site, as well as the authority’s adjacent allotments at no cost to the council, the report continues.

Consideration has been given to the environmental effects on residents who would live in the new homes, so close to the waste and recycling facilities.

The report states: “Building homes close to the depot would bring approxinately 250 to 300 more people living in the close proximity to the depot site who would be impacted by the operations and activities at the depot.

“This has the potential to increase the number of complaints for the council’s environmental health team for noise, smells, etc.

“An appropriate landscaping scheme could help manage this and protect the interest of both the new residents as well as the depot’s operation.

“The planning conditions for reserved matters for the development have included this aspect.”

The proposed mix of new homes in the development would include four one-bed properties, 50 two-beds and 36 with three bedrooms.

 

Source: Melton Times

 

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Grenfell: The Far Reaching Ripples

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Nearly 4 years on, Buildingspecifier’s Joe Bradbury takes a look at the ongoing subject of the Grenfell Tower tragedy and raises concern about those still living at risk of death by fire in inadequately protected properties together with the wider  impact on individual homeowners, who find themselves financially trapped in properties they cannot sell.

 

The horrific fire that broke out in 24-storey Grenfell Tower in 2017 brought fire safety to the forefront of our attention, causing 72 deaths and injuring a further 70 others. It is considered the deadliest structural fire in the United Kingdom since the 1988 Piper Alpha disaster and the worst UK residential fire since the Second World War. To this day negligence is still being sniffed out throughout the construction industry and those responsible are being held to account.

The fire was ignited by a malfunctioning fridge-freezer located on the fourth floor. Once the fire had taken hold it spread rapidly up the building’s exterior to all the residential floors. For many, the image of the tower engulfed in flame will be painfully etched in memory for many years to come.

Whilst the ACM cladding itself was found to be largely responsible for how quickly the fire spread, police confirmed that the insulation used in the refurbishment was potentially more flammable and contributory to the inferno than the cladding tiles.

The impact of the Grenfell fire on its residents and community can only be described as devastating, and the protracted and tangled ongoing investigation does nothing to alleviate the suffering of those immediately involved.

The subsequent fallout spread like a virus throughout the UK, revealing concerns in buildings both new and old.

A shocking investigation undertaken by BBC Watchdog Live after the tragedy revealed that a number of new build homes built by two major housing developers are not adequately fire safe.

Fire in figures

 

In April 2018 a fire was started by a cigarette dropped at ground level in a new home in Exeter. It spread up to the roof of the house and then across to other properties nearby.

This fire sparked an investigation which found missing fire barriers at 37% of homes on the estate, where the fire had taken place. This initiated wider investigation of thousands of homes throughout the South West, where over 650 homes were found to have missing or incorrectly installed fire barriers.

The BBC investigation also uncovered potentially dangerous fire safety issues in developments in Kent and West Lothian.

BBC Watchdog Live sent their own expert surveyor to a new build development in West Lothian, to examine the fire protection at four houses, after concerns were raised by one resident whose house had previously been found to have inadequate fire barriers.

According to an article on the BBC website, surveyor and expert witness Greig Adams, who carried out the testing, found poorly fitted fire barriers at all four properties, with voids and gaps around them that would prevent them stopping fire from spreading. He said “What we’ve unfortunately found is that there are fire breach issues in every house we’ve looked at. It’s a legal requirement that the cavity barriers are to be there. It’s not optional – and with good reason: it saves lives.”

There were 573,221 incidents attended by the UK Fire and Rescue Service (FRS) last year. Of these incidents, around 182,491 were fires. These fires resulted in 268 fatalities and over 7,000 non-fatal casualties.

Unfortunately, despite our greatest effort in prevention, fires happen… and their impact can be devastating. With this in mind, it comes as a great shock to hear that many new-builds constructed by two of the largest house building firms were sold over the last couple of years with missing or incorrectly installed fire barriers, which functions to prohibit the spread of fire throughout a property.

 

Trapped in unsafe housing

 

Figures published by the National Housing Federation (who represent housing associations in England, social landlords to 5 million people) and Crisis (the national charity for homeless people) reveal the true scale of the housing crisis in England.

Their ground-breaking research, conducted by Heriot-Watt University, showed that England is short of four million homes. To both meet this backlog and provide for future demand, the country needs to build 340,000 homes per year until 2031. Needless to say, this isn’t happening at present.

The result of this is that those living in potentially unsafe buildings are constantly being overlooked. Whilst these residents have not so far suffered physical injury, there remains the underlying, quietly pervading threat that one day they too could be victims. More immediately imperative for them is the actual damage to their individual financial status and future. They find themselves financially trapped in un-saleable properties, as surely as the victims of Grenfell were physically trapped.

Whilst their situation is obviously nowhere near as dramatic, the impact of it causes ongoing damage for those affected and their concerns continue, seemingly without resolve.

 

Unable to sell

 

In response to the Grenfell disaster, lenders initially brought in stricter requirements for fire safety, demanding an EWS1 certificate to prove that the external walls of a building are free from material that is combustible, which led to the restrictions of buying and selling affecting 450,000 more homeowners.

Campaigners voice concern that approximately 700,000 people still live in buildings that have flammable panels fitted to their exterior and that millions are finding it tough to remortgage or sell their properties.

To combat this, the government decided that owners of flats in buildings without cladding will no longer require an EWS1 form to sell or remortgage their property, but there is still a ways to go if we are to free people from bureaucratic bondage.

In an official statement given on the matter, Housing Secretary Robert Jenrick MP said “Through no fault of their own, some flat-owners have been unable to sell or remortgage their homes – and this cannot be allowed to continue.

“That’s why the government has secured agreement that the EWS1 form will not be needed on buildings where there is no cladding; providing certainty for the almost 450,000 homeowners who may have felt stuck in limbo.

“However, this is only part of a wider solution and we continue to support those homeowners who do have cladding on their buildings and where there is still more to do.”

Cladding, the Witch-hunt

 

Cladding companies have had it rough in the past few years post-Grenfell, even the ones who pull out all the stops to ensure their product is safe and secure.  To this end, the mindless witch-hunt must stop in order for the true lessons to be learned from the tragedy.

 

It should be stressed that it was the incorrect specification of the components within the assembly that resulted in the tragedy.
As Carlton Jones Director of the MCRMA (Metal Cladding and Roofing Manufacturers Association) pointed out the word ‘cladding’ is a generic term which covers a vast array of products and assemblies. Aluminium Composite Material (ACM) is a component within a rainscreen cladding system but it must be recognised that it is available in various formulae to suit the application for which it is intended. Correctly specified, using a non-combustible grade it is a perfectly safe product, but the specification for the application on the Grenfell Tower was completely inappropriate.  The lack of technical expertise through the design, specification and installation phase contributed to the failure and allowed this to happen, and this should not be viewed as the general practices of all companies involved in the design and manufacture of metal based cladding systems”.

 

In summary

As an industry, it is our duty to stamp out negligence. Law dictates that new build homes must implement adequate fire protection measures which meet current Building Regulations to delay the spread of fire for as long as possible to maximise chances of escape for occupants.

Fire barriers are an integral part of a fire protection strategy and in many new builds (particularly timber-framed buildings) the barriers form a seal between different areas of a house. Without them, experts suggest that fire and smoke can spread five to ten times faster.

It is therefore of the utmost importance that housebuilders uphold their responsibility, ensuring that all new buildings are fully compliant with current Building Regulations. It’s a matter of life and death.

Failure to learn from the mistakes of Grenfell can only lead to more suffering and tragedy.

 

 

 

 

 

 

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40 NEW HOSPITALS BY 2030 COMMITMENT GETS A BOOST

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The government’s commitment to build 40 new hospitals by 2030 has been boosted today by the appointment of Natalie Forrest to oversee the building programme.

Forrest has worked in the NHS for over 30 years and is a registered nurse. She most recently led the construction and operationalisation of NHS Nightingale London in response to the pandemic. Alongside this role, she was also Chase Farm Hospital’s Chief Executive in North London, where she successfully led operational and clinical teams to design an innovative and groundbreaking new hospital, delivered to time, on budget and without interrupting services.

In total, 48 hospitals will be built by 2030, with £3.7 billion committed so far. In the North East, one of these schemes has just received final approval to upgrade mental health facilities in the region. Cumbria, Northumberland, Tyne and Wear NHS Foundation Trust’s new £72.6 million facilities – which will be finalised by 2023 – will improve the quality of mental health and learning disability services in the regions by combining innovative design with a holistic approach to patient care and safety.

Final approval has also been secured on Salford Royal’s £67.4 million new hospital building, and construction work will begin soon. This will be home to a major trauma centre treating patients who have experienced life-changing or life-threatening injuries – for example, after a serious road traffic accident or fall.

Health and Social Care Secretary Matt Hancock said:

I’m delighted to appoint Natalie into this role. She not only brings unrivalled experience in health management and nursing, but also the construction and project management knowledge that helped turn the Excel conference centre into a Nightingale Hospital in just 9 days, as well as overseeing the rebuild of Chase Farm Hospital at pace.

The New Hospital Programme – as part of our Health Infrastructure Plan – will transform the delivery of NHS healthcare infrastructure to build back better and will ensure our country has world-class healthcare facilities right across the country for decades to come.

Senior Responsible Officer of the New Hospital Programme Natalie Forrest said:

I am determined to build trust in our national capability in planning and delivering hospitals, not just with health and construction stakeholders but with the staff and patients who will benefit from them on a daily basis.

My goal will be to deliver these new hospitals cost-effectively and at speed, and to foster an ecosystem that owns, learns from and improves healthcare design.

With over 12 years spent in NHS senior leadership roles, Forrest has extensive experience working with key clinical, board-level and other NHS stakeholders.

Starting this month, she will oversee a delivery board across the Department of Health and Social Care and NHS England and Improvement, which will work closely with a network of NHS trusts.

Overall, the New Hospital Programme within the government’s long-term health infrastructure plan will help develop new sustainability standards, planning capabilities and care and workforce models. It will also implement cutting-edge digital technologies across the NHS, and will support an integrated approach to building new healthcare infrastructure using modern methods of construction.

Source: Gov.uk

 

 

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THE TRADE DEAL – IT’S IMPLICATIONS FOR CONSTRUCTION

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The historic Trade and Cooperation Agreement (Trade Deal) was reached between the European Union and the UK on 24 December 2020, just a week before the transition period came to an end. The key parts of the Agreement relating to the construction industry are highlighted here.

Goods and Standards

As members of the EU Single Market, UK businesses were able to move goods and materials between EU countries without charges, taxes, quotas or tariffs. The Trade Deal means no tariffs or quotas on goods exported to or imported from the EU as long as the goods meet the relevant rules of origin which set limits on the percentage of goods that can be made outside of the country of origin. However, the free movement of goods ended on 1 January 2021 and there will therefore be custom checks and controls at borders going forward.

When the UK was part of the EU, the quality of construction goods, materials and products was controlled by EU regulations, specifically the CE mark. CE marked products will still be allowed in the UK market until 1 January 2022 but the intention is to end recognition of the CE mark by then. A UK marking system will be introduced for products to be used in the UK market requiring conformity assessment by a UK-recognised approved body. It is hoped UK Conformity Assessed (UKCA) marking will align closely to the CE marking system so as to ensure goods pass the equivalent CE standard without the need to carry out further testing. However, without mutual recognition of standards, the industry will need to repeatedly seek certification for products for use in EU states.

The additional cost and delays involved in restrictions on product origin, double-certification and border checks will need to be factored into the pricing and programming of projects. This is also likely to have significant impact on ‘just-in-time’ procurement, which could slow down progression on construction projects and add to costs.

Labour

Freedom of movement between the UK and the EU ended on 1 January 2021. After this date anyone wishing to come to work in the UK will be subject to a points based application system. This is designed to attract ‘skilled workers’ with skill level thresholds of RQF 3-5 (A-level or equivalent). This will include architects, engineers and quantity surveyors, and also trades such as bricklayers or carpenters, but excludes several roles such as general labourers and some plant operators.

An applicant will need to produce evidence of a job offer at the required skill level that meets a new minimum salary threshold. There are obvious implications for the construction industry, as the majority of the labour force do not attract salaries at the required threshold. Even if the criteria is met, the ongoing sponsorship costs to bring workers to the UK will likely be prohibitive for some employers.

Importantly, there is no mutual recognition of professional qualifications under the Trade Deal. The Mutual Recognition of Professional Qualifications (MRPQ) Directive will no longer apply from 1 January 2021. Architects, engineers and others holding UK professional qualifications will not be able to use that qualification to work in an EU member state and likewise there is no automatic recognition of professional qualifications achieved outside the UK.

Architects with EEA or Swiss qualifications wanting to work in the UK who have not already had their qualification recognised by the ARB will be required to make an application for recognition under the third country route to recognition which will involve taking prescribed exams. Individuals with UK qualifications seeking recognition to offer services in the EEA or Switzerland will need to check the host state national policies.

Whilst not achieved by 1 January 2021 the intention is for the UK and the EU to agree mutual recognition arrangements for the recognition of professional qualifications covering the UK and all 27 EU Member States – much like what we had in place pre-Brexit.

Whilst visas will not be required for most business travel across the EU for short stays of up to 90 days in a 180-day period, work visas will be required for those intending to work for a longer period of time. Rules will differ by state so the entry requirements should be checked prior to entry to any EU country for business reasons

Public Procurement

The UK will maintain a separate and independent procurement regime. After 1 January 2021 contracting authorities will no longer be obliged to publish notices in the Official Journal of the European Union (OJEU). A new UK e-notification system, ‘Find a Tender’ will be used.

The Trade Deal provides for a framework of rules for trade in public procurement based on the WTO Government Procurement Agreement (GPA). The GPA commits members to open up their public procurement markets to contractors from other member countries. As a result, UK businesses will still be able to compete for public contracts across the EU although on a more limited basis than before. UK businesses will also still be able to tender for public contracts in other GPA member countries, such as the USA, Canada, Japan and South Korea, in accordance with GPA rules.

The UK and EU have also agreed an extension of market access coverage beyond the GPA, which includes: the gas and heat distribution sector; private utilities that act as a monopoly; and a range of additional services in the hospitality, telecoms, real estate, education and other business sectors. This will provide UK businesses with additional opportunities and will equally mean more competition for UK public sector contracts.

Data Protection

The EU and UK have agreed a six-month transitional agreement to allow the continued free flow of personal data from the EU and EEA EFTA States. Consultants and contractors will be reassured that until 1 July 2021 transfers of personal data from the EU to the UK will be permitted and not treated as transfers of data from the EU to a third country. This bridging solution effectively extends the transition period, subject to the UK not making material changes to its existing data protection laws. In addition, the UK has, on a transitional basis, deemed EU member states to be adequate for data flows from the UK.

The EU and UK are working on making findings of adequacy in relation to each other’s data protection regimes. This should be straightforward from the UK’s perspective in relation to the EU, but the EU has said that the Trade and Cooperation Agreement does not guarantee a finding of adequacy. It remains a unilateral decision of the EU and is not subject to negotiation.

An adequacy decision is a finding of the European Commission under Article 45 of the GDPR that a third country has an adequate level of data protection. The effect of an adequacy decision is that personal data can be sent from a member state to a third country without any further safeguards being necessary.

Dispute resolution

The UK had planned to accede to the Lugano Convention 2007, the preferred regime for government questions of jurisdiction and the enforcement of judgments with EU countries after the end on the transition period. Jurisdiction and enforcement will now be determined by common law and The Hague Convention 2005. The Hague Convention requires the court designated in an exclusive jurisdiction clause to hear the case and prevents courts of other contracting states hearing parallel proceedings. It will also provide some level of protection as regards enforcement, as it generally requires any judgment granted by the court specified in an exclusive jurisdiction clause to be recognised and enforced in other member states. As a result, parties may wish to consider the inclusion of exclusive jurisdiction clauses in their contracts.

Legal advice should be obtained as regards dispute resolution clauses in new contracts with EU entities or concerning projects in the EU. Local law advice may be needed on issues such as ease of enforcing UK judgments in another country where the other party’s assets are located. This is also the case with regard to yet to be enforced judgments that contractors may have against parties in EU member states.

Those with concerns about enforcement post-1 January 2021 may wish to consider contractual arbitration clauses. Enforceability of arbitral awards under the New York Convention is unaffected by Brexit and this may therefore represent a relatively low-risk option.

Conclusion

Undoubtedly there is change ahead for the industry as it grapples with a whole host of new rules and regulations affecting almost every aspect of the procurement and delivery of projects in the UK and across the EU.

 

Source: Lexology

 

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Automatic wall divides stepped lecture theatre

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As part of a £1.7m investment, Loughborough University recently remodelled Quorn Hall into an impressive 560-seat lecture theatre. Adding functionality to the new facility, Style was contracted to install a 57dB Dorma Hüppe Variflex ComfortDrive moveable wall system with fully automatic operation, allowing the vast space to be divided into two separate areas.

A complex project, Style was specified by Core Architects to design a system that not only accommodated the exceptionally high ceiling but that also incorporated the stepped-rise of the seating.

The final installation allows University staff to divide the space at the press of a button, with the operable wall gliding effortlessly along a dedicated central channel between the seating. Creating an unparalleled acoustic barrier, substantial rubber seals expand to just the right pressure, allowing concurrent lectures to run completely undisturbed.

An integrated pass door provides access between the divided rooms whilst an oak laminate finish adds to the stunning interior design.

Loughborough University is one of the country’s leading universities with a reputation for excellence in teaching and research, strong links with business and industry and unrivalled sporting achievement.

Quorn Hall originally housed a sports hall, changing rooms, offices and a small lecture theatre. The re-development project to create the new, much larger lecture theatre had to be carried out whilst the main building and café facilities were in constant use.

Because of the complexity of the project, Style had to work particularly closely with Wildgoose Construction, who was responsible for lifting 2 x 26 metre steel supports into place by crane, lowering them via chains through pockets cut into the roof.

“Dividing such a cavernous lecture theatre with a fully automated moveable wall takes careful planning and the very best on-site project management,” said Steve Williams, sales director for Style Midlands.

“We therefore developed a close working partnership with both the architect and contractor to install a product which is utterly breath-taking.

 

www.style-partitions.co.uk

 

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The New Approach, download the Construction Playbook here

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The Construction Leadership Council was created with a remit to drive improvement within the construction sector. Since its creation, it has worked to encourage collaboration to build a better industry, and to act as a bridge between the public and private sectors in pursuit of this objective. The challenge of responding to the Covid19 pandemic has emphasised the importance of this, and the necessity of creating a more robust and sustainable industry which can build back better as the UK enters the period of recovery. This is why the CLC, through its own members and also through its wider links with the industry, has collaborated and supported the combined efforts of the Cabinet Office and Infrastructure & Projects Authority, with input from across the public sector, to develop and publish the Construction Playbook, and to endorse its aim of creating a more strategic relationship between Government and the construction sector.

Government Departments, other public bodies and the wider public sector represent key construction clients, investing in nationally significant infrastructure projects, capital programmes such as those in education and healthcare, projects that improve our cities and towns, and supporting the delivery of new homes. This spectrum of activity across the sector means the public sector has the potential to drive industry transformation, and how it approaches the development and delivery of construction can provide a powerful impetus for changes in industry practice and culture that extends beyond the projects it funds directly.

That is why the publication of the Construction Playbook is significant. It aims to embed a new approach to the procurement and delivery of construction projects and programmes, which is more collaborative, engages the whole supply chain, encourages investment in innovation and skills, and supports a more sustainable, resilient and profitable industry, capable of delivering higher-quality, safer and better performing built assets for its clients. It will create the foundation for a new approach to construction, where we can utilise digital and offsite manufacturing technologies to increase the capability of the industry, and accelerate the delivery of built assets.

It will also aim to deliver a better and fairer industry, with stronger and more open relationships between the industry and its clients, fewer disputes, and more equitable contractual terms, that ensure prompt and fair payment and a balanced allocation of risk, where these are managed by the organisation best placed to do so. Finally, it will help ensure that investment in construction projects creates the greatest economic, social and environmental value possible, and contributes to the delivery of strategic policy objectives such as our legal obligation to achieve net zero carbon by 2050 and levelling up across the UK.

These goals are our goals at the CLC. We share the Government’s desire to improve performance through new ways of working. But publishing the Playbook is just the first step in the process. For real change to happen, it is important that both Government and the industry embed the principles of the new approach, and invest in their capability to deliver this. The Government will be working to implement this across all central government Departments and public bodies, and mandating the adoption of this approach whilst recognising there is no-one-size-fits all approach to delivery. The CLC will work with organisations across the industry to ensure that this effort is matched, and that the public and private sectors can support each other in this shared endeavour.

Andy Mitchell, Co-Chair of the Construction Leadership Council

 

The Construction Playbook captures commercial best practices and specific sector reforms outlining the government’s expectations of how contracting authorities and suppliers, including the supply chain, should engage with each other.

These are set out in 14 key policies for how the government should assess, procure and deliver public works projects and programmes which all central government departments and their arms length bodies are expected to follow on a ‘comply or explain’ basis.

Download the CONSTRUCTION PLAYBOOK here

 

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