Email group.co-ordinator@highrisescotlandactiongroup.org Phone 0131 531 9834
It is good, at last, to be able to report that the Scottish Government has published information on their website in the form of a fact sheet (effectively FAQs)
It is a welcome first step, and perhaps, inevitably, will cause owners and residents to have more questions. That seems to be recognised, with the invitation to raise queries with them via a given email address- communicationscladding@gov.scot
Publication with links.docx
Directorate.ppsxKing and Queen Joined by Duke and Duchess of Edinburgh at Garden Party(0) (2).mp4The King wanted to know about the problems we face here, and actions which can be taken. It was a privilege to be asked to provide him with information about the defects found in buildings, the necessity of the new Act to provide enabling measures to address the issues arising from the property system here, the decision about the 'how' of remediating properties each with their unique issues.
He spoke of an intent to find out how these plans will work out, when the plans are underway.
Attached is the Bill as finalized. The changes have been highlighted
Bill as passed. highlighted amendments.pdfBill as amended at Stage 2.pdfHigh lightedMarshalled List of Amendments for Stage 2.pdfNews
Published 19 April 2024 13:00
Part of Housing
Parliament to consider tax to raise more funding to fix unsafe cladding.
A tax on developers to raise funds to help fix building safety issues will be considered in Scotland under powers secured from the UK Government.
The proposed Scottish Building Safety Levy would apply to the construction of new residential buildings, mirroring measures being introduced in England through the Building Safety Act passed by the UK Parliament.
Funds raised through the levy would support the Scottish Government’s cladding remediation programme.
Deputy First Minister and Finance Secretary Shona Robison said:
“We are determined to safeguard people living in buildings with unsafe cladding. I know that developers share this determination and have made significant progress to date.
"However, it is clear more needs to be done and these powers will ensure that developers make a fair contribution to address building safety defects in Scotland, just as the UK Government is asking them to do in England. I welcome the UK Government’s collaborative approach on this issue.
“It is important that we also continue working side by side with developers. To that end, and in line with our New Deal for Business and Framework for Tax, we will now liaise with the sector to ensure this levy best contributes to our mission of keeping people safe.”
Background
Answer from Deputy First Minister Shona Robison to Scottish Parliament Written Question S6W-26932 on the levy
The 2023-24 Programme for Government committed the Scottish Government to seek the transfer of powers to introduce a new tax in Scotland equivalent to the UK Government’s Building Safety Levy for England.
A joint consultation sought views on the devolution proposal, including any evidence to inform consideration of the potential for the new tax to create or incentivise economic distortions and arbitrage within the UK.
Consultation on devolving powers for a Scottish Building Safety Levy - GOV.UK (www.gov.uk)
The UK Government will now legislate to devolve the necessary powers to the Scottish Parliament to introduce a Scottish Building Safety Levy.
Details of how the Scottish Building Safety Levy will operate will be developed through consultation and liaison with the UK Government and housebuilding sector.
Parliamentary debate 12 March 2024 Cladding.pdfParliamentary debate 12 March 2024 Cladding.pdfParliamentary debate 12 March 2024 Cladding.pdfFinal.pptx
SBA Indicative timescale.pptxSBA Update.pptx
You may respond here to HRSAG - with Questions, comments and suggestions
https://forms.office.com/r/KCTZa2Ry8n?origin=lprLink
SB 24-08.pdfLocal_Government__Housing_and_Planning_Committee.mp4 Two Sessions of the Local Government Housing and Planning Committee today
The Second, where developers were giving evidence clearly sets out their position and concerns and goes some way to explaining the slow progress in reaching agreement on a Long Form Agreement on the developer's role and contribution to remediation
The first is also of interest!
www.scottishparliament.tv/meeting/local-government-housing-and-planning-committee-january-23-2024
There are a lot of good points that have been made, whether you agree with them or not.
Certainly respondees have not held back in expressing themselves robustly, and of course some of these are very concerning.
The developers' responses indicate a high degree of frustration and of course concern about the future or if there is a future for some of them. It is worthy of note that Stewart Milne Group’s response stated
“In the case of SME developers, who are simply unable to fund remediation, this effectively prevents them from trading and puts their business viability and existence at risk.
In the highly likely event that this arises, SME developers will have no alternative but to put themselves into administration and close down operations.”
That company did indeed go into administration this month (i.e. a formal insolvency arrangement) and ceased operating
Another significant point is the reports from professional organisations, developers and others that are insufficient resources of people (i.e., qualified assessors etc), to undertake the SBA process and also of contractors and suppliers to undertake the remediation process. This is nothing new with these difficulties having been highlighted years ago, causing the Westminster Government to fund a training initiative in conjunction with the Royal Institute of Chartered Surveyors.
The responses from developers and others are publicly available here: https://yourviews.parliament.scot/.../published_select...
You can check whether your developer submitted a response, and read it
FOR IMMEDIATE RELEASE People in Edinburgh Urged to Have Their Say on Legislation Addressing Unsafe Cladding After Grenfell Tragedy.pdfLGHP Committee in Edinburgh (Cladding Visit) (1).mp4Final press release 2.docxSubmission link
https://yourviews.parliament.scot/lghp/housing-cladding-remediation-bill/
HOT OFF THE PRESS
2 NOVEMBER 2023
We are trying to get reliable information from owners
To ask the Scottish Government whether it will provide an update on its progress towards securing an agreement on the Scottish Safer Buildings Accord.
We have now reached an in-principle agreement with Homes for Scotland and a number of those wave one developers on the Accord. This is an important step in the process. We will now move to agree the long form legally-binding contract to support the remediation of developer linked buildings with unsafe cladding. We will continue to engage with the remaining wave one developers to address outstanding technical questions and open discussions with the smaller and medium sized developers on their responsibilities. We are continuing to explore legislative options to safeguard residents and homeowners.
https://www.gov.scot/.../single-building-assessment.../
What is the current position?
· 25 Developments in the Pilot Scheme
· 13 of these have so far been able to produce the required information to enable them to submit applications for funding
· 7 Grant applications approved
· 4 Grants made
(as seen 24 March 2022)
Developments were invited to express their interest in being included in a ‘Pilot Scheme’ which would mean those included could be assessed, at the cost of the Scottish Government. The Pilot Scheme’s purpose is to assess those buildings, but very importantly to robustly test the process, methodology, work plans, and criteria to be applied in the SBA process, This is in order to ensure that when the full scheme is launched it has integrity and provides a basis for legitimate confidence in the findings, and any action points needed in properties to achieve a ‘Low Risk’ designation. It will enable a framework for the future SBA assessments which can be used.
To date the Scottish Government has received £97.1m which is being used to fund free Single Building Assessments.
25 Buildings have been accepted into the Pilot Scheme. In the last few months, developments have been progressing their applications to the point where there is a plan of work in place, where a grant may be issued to facilitate the actual assessment, ensuring in the process that the assessors/contractors’ proposals satisfy the SBA criteria and Scottish Advice Note and technical and regulatory standards.
This is a relatively slow process, in that those wishing to carry out these surveys have to adjust their thinking to a whole new set of criteria.
The process is being overseen by the Scottish Government’s Cladding Remediation Unit in collaboration with a Cladding Stakeholder Group (formerly SBA Project Board). The Cladding Remediation Unit is a part of the Scottish Government Building Standards Division within the Directorate for Local Government & Communities.
The Cladding Stakeholder Group [CSG] is made up of most of the members of the previous Working Group set up by the Housing Minister together members of the Scottish Government’s team. The Group meets monthly contributing to the developing process, as well as receiving updates. Owners are represented in this group by our Group-Coordinator, sitting alongside (virtually!) representatives of lenders, solicitors, surveyors, fire engineers, property managers, insurers, developers and others.
It is envisaged that the SBA certification will embrace the EWS1 certification currently being used.
My development is not included in the pilot scheme, what about us?
The Pilot Scheme is a ‘prototype’ being tested and developed in collaboration with the developments is the scheme.
This will enable a tested Single Building Assessment process to be provided for all developments.
This will be publicly announced when it is available.
Single Building Assessments (SBA) were announced on 19 March this year.
More detail on the background is to be found at the end of this briefing,
SBA are financed by the Scottish Government, with no cost falling upon the individual flat owners, but necessitating their approval in accordance with the applicable governance provisions for each development.
The scheme was to be made available to all owners whether private, Registered Social Landlord or Local Authority
The main scheme was to be preceded by a ‘pilot scheme’ involving a limited number of developments, to ‘test run’ the scheme and its procedures etc, as well as assessing properties identified as potentially having serious issues emanating from their wall systems. The pilot scheme will therefore not only assess buildings, but also assess the Scheme itself. This will, and is intended to, facilitate and incorporate changes in the scheme, and implementation. Thus, when SBA are made generally available there should be less need for modifications to the scheme.
Inclusion in the pilot scheme was by selection from developments which expressed an initial interest. Commencement for the opening for registration of an Expression of Interest (EoI) was promised by the end of March.
Registration of EoI commenced on 31 March. The registration period ended on 26 May.
There were 333 registrations of interest, however only 123 of these had the required documentation, and out of these, 25 have been included in the pilot scheme. These are progressing. As at the date of writing, an actual inspection has been commenced on one of these.
Of course, the scheme will be open to all developments, in a phased approach, after the pilot scheme has been tested.
The oversight of and implementation of the project has been passed to a Cladding Remediation Unit within the Building Standards Division at the Scottish Government, and a Cladding Project Board which includes representatives of government and interested parties. I have agreed to join that board. There have been 2 meetings so far.
The detail of the criteria to be applied, and indeed just ‘who’ will actually undertake these inspections is progressing, and to some extent being informed by the experience obtained in the pilot scheme. It was anticipated that a Register of Assessors would be publicly available by the end of May. Clearly this has not happened, and as assessments will need collaborative work from experts from more than one profession/discipline, such a Register will take a while to complete.
The outcome of these assessments will effectively be either high risk or low risk. If high risk, there will be guidance as to what steps need to be taken to move the development into the low-risk category. There will also be the possibility of noting ‘advisories’
A major issue to be resolved, still, relates to the insurance cover need by those undertaking these assessments. The SBA scheme provides that the outcomes will be available in a freely searchable database on which lenders, buyers and others may rely. Clearly there is a different risk for the insurance providers on providing cover to the owners or lenders on one flat, to providing cover on maybe hundreds of flats on a development on which owners and lenders will rely,
https://www.gov.scot/publications/scottish-advice-note-determining-fire-risk-posed-external-wall-systems-existing-multi-storey-residential-buildings/
This was published on Wednesday
Wednesday 31 March 2021
Chris Ashurst of High Rise Scotland Action Group welcoming the first stage of the implementation of the promise to introduce Single Building Assessments said:-
“It is so important that those affected register their interest as soon as possible. You can do that from TODAY. Whilst we know we are in a ‘Pre-Election Period’, it does not mean that those concerned should ‘sit back’.
I urge all who may register to do so as soon as possible”
The link is here:-
Single Building Assessment: Expression of Interest Form - gov.scot (www.gov.scot)
Information provided in this period can help get the newly elected government off to a rapid start after their return to Holyrood on Thursday May 13th”
The original announcements made on Friday 19 March may be found here:-
https://www.gov.scot/news/tackling-cladding-issues/
That is for buildings which have already had surveys done which have already had an existing cladding or fire risk assessment that highlights a risk to life as a result of cladding system, materials used and/or poor construction
That initial period for expression of interest will run for 8 weeks
Free safety assessments for homeowners.
Homeowners whose flats have external cladding will be offered free safety assessments to determine which properties have material needing to be removed.
585955_SCT0321181364-001_p2-2.pdfPress release.pdfMinisterial Working Group on Mortgage Lending and Cladding.pdf
cladding-for-surveyors-supplementary-info-paper.pdfvaluation-of-properties-in-multi-storey-multi-occupancy-residential-buildings-with-cladding.pdfews1-consultation---summary-and-response.pdfRICS say their the new guidance will be published on 8th March
and it is reported that UK Finance anf the Building Societies Association have agreed the guidance in principle but it remans each potential lender's decision as to whether or not they follow the guidance
Ministers statement requested by some - from BBC Scotland Drive
Minister's Statement
A team of eight members from Glasgow and Edinburgh has been drawn together. The team is regularly in contact with each other, but our fortnightly Monday Forum meeting is a key to progress. Using project management software enables us to keep track in between the meetings, where we can share documents and work on suggestions and solutions together.
At this first meeting the team
affirmed its commitment to the group ethos statement:-
“WE agree that we are working on the principle of collaboration and working with Government, the professional bodies in banking, insurance, property and surveying.
We aim to be part of the solution, not an angry reaction group!
We recognise there is plenty to be angry about, have every sympathy with those who want to 'attack' those they feel are responsible However that will not be our style – believing that we can achieve the desired result more quickly by being part of the process.”
Points to be brought before the Ministerial Working Group which included
The absolute necessity that in both the forthcoming Scottish Guidance note and in the new RICS guidance notes on completion of EWS 1 forms there is complete clarity as to who is the 'responsible' party for compliance and instructing EWS1 assessements or other inspections. Also that, that party has the legal standing to comply with any such guidance
The difficulties now caused by the recent strict adherence by banks to the criteria that:-
"Option B should be members of a relevant professional body that deals with fire safety in the built environment. This could be a Chartered Engineer with the Institution of Fire Engineers or equivalent. " Source
The refusal of lenders to accept EWS1 B certification has, with regard to B certificates, had the effect of removing at least one of not more assessors in Scotland from those able to undertake this work.
The Role and Responsibilities of factors, and the reported failures to communicate to owners, known safety problems.
A requirement to disclose to government information already known to them about cladding/construction failure to assist government in establishing the quantum of the problem
Progess and methods to identify the developments 'in scope' for assessment
The anticipated update of the High Rise Inventory
The possibilities of the use of (suitable) government/local government staff in 'Boots on the Ground' inspections
The allowed uses of the £97.149m funding from Westminster and establishing its best use
Remediation?
Mitigation?
Financing survey/inspection by goverment/local governement staff (thus removing the PI issue)
Financing Owners Associations/Factors to facilitate inspections
We further discussed the position of share ownership properties
Interviews with BBC/STV/The Times
This is such a complex subject, and so easy for the media to get it wrong - which in some cases they did !
BUT
(Sorry about the picture!)
HRSAG The Nine hrsag (2).mp4A team of eight members from Glasgow and Edinburgh has been drawn together. The team is regularly in contact with each other, but our fortnightly Monday Forum meeting is a key to progress. Using project management software enables us to keep track in between the meetings, where we can share documents and work on suggestions and solutions together.
At this first meeting the team
affirmed its commitment to the group ethos statement:-
“WE agree that we are working on the principle of collaboration and working with Government, the professional bodies in banking, insurance, property and surveying.
We aim to be part of the solution, not an angry reaction group!
We recognise there is plenty to be angry about, have every sympathy with those who want to 'attack' those they feel are responsible However that will not be our style – believing that we can achieve the desired result more quickly by being part of the process.”
Points to be brought before the Ministerial Working Group which included
The absolute necessity that in both the forthcoming Scottish Guidance note and in the new RICS guidance notes on completion of EWS 1 forms there is complete clarity as to who is the 'responsible' party for compliance and instructing EWS1 assessements or other inspections. Also that, that party has the legal standing to comply with any such guidance
The difficulties now caused by the recent strict adherence by banks to the criteria that:-
"Option B should be members of a relevant professional body that deals with fire safety in the built environment. This could be a Chartered Engineer with the Institution of Fire Engineers or equivalent. " Source
The refusal of lenders to accept EWS1 B certification has, with regard to B certificates, had the effect of removing at least one of not more assessors in Scotland from those able to undertake this work.
The Role and Responsibilities of factors, and the reported failures to communicate to owners, known safety problems.
A requirement to disclose to government information already known to them about cladding/construction failure to assist government in establishing the quantum of the problem
Progess and methods to identify the developments 'in scope' for assessment
The anticipated update of the High Rise Inventory
The possibilities of the use of (suitable) government/local government staff in 'Boots on the Ground' inspections
The allowed uses of the £97.149m funding from Westminster and establishing its best use
Remediation?
Mitigation?
Financing survey/inspection by goverment/local governement staff (thus removing the PI issue)
Financing Owners Associations/Factors to facilitate inspections
We further discussed the position of share ownership properties
Interviews with BBC/STV/The Times
This is such a complex subject, and so easy for the media to get it wrong - which in some cases they did !
BUT
(Sorry about the picture!)
HRSAG The Nine hrsag (2).mp4
Take a look - there may be a few quirks but the aim is to go live now. Forgive glitches - very grateful to the 'guinea pigs' who have hepled get this far.
The Forum has different groups which addressing different issues we face. There are some described by Tribe as 'public', and some (more) that are described as 'private' which anyone is particularly interested and wanting to contribute to the solutions of those specific issues, can ask to join.
The posts will be regularly reviewed and be reviewed by a team regularly with a view to action, investigation and follow up.
Draft Regulations
See https://hrsag.tribe.so/group/short-term-letting
for draft regulations due to be effective 1 April 2021?
https://scottishlandlords.com/.../short-term-holiday-let.../
Update on Ministerial Working Group on Mortgages & Cladding
o Difficulties arising from lack of PI cover and doubts over PI cover
o I have been able to supply a copy of a PI verification certificate for an assessor to the Minister's team, for their further review
o The UK Government appear to be engaging in at least some discussion about government assistance/resolution of this issue. If successful then this could help resolve the EWS1 per block /per individual flat issue, but see below regarding who may instruct in Scotland.
· Difficulties in Scotland as to who has authority to issue instructions for an EWS assessment or comprehensive inspection.
Members of the working group were unaware that quotations had been successfully obtained for inspections to be undertaken on a 'per block' basis, The examples I have provided to the Minister include an invitation to quote issued by a development's factors upon the direct instructions of the Owners Association committee, who drafted the terms of the instruction.
The resultant EWS1 form for each block would be held in the name of the factor/ Owners Association on behalf of the Co-proprietors and Owners to whom the EWS woud be made freely available.
This will be followed up b the Minister's team
· RICS in advanced stage of revising the form and advice regarding its use.
· British Government funding the design of a new qualification being drawn with RICS leading.
· The Fire Industry Association (FIA) has establish a portal where EWS forms may be downloaded by registered EWS1 signatories , who upon completion will upload them to the (searchable) portal. See https://www.fia.uk.com/ews1.html
· When the Scottish Government's advice note is issued (now anticipated - but not guaranteed - for the first quarter of 2021) RICS will review the guidelines issued to their members regarding work undertaken in Scotland. That Advice Note would also trigger a further review with regard to EWS!1 documentation, usage and implementation in Scotland.
· The identification and specification of the Responsible Person. Party for giving instructions still need to be defined
Quite a heavy read but worth it
Xu, Lu, Managing and Maintaining Flatted Buildings: Some Anglo-Scottish Comparisons (2010). Edinburgh Law Review, Vol. 14, pp. 236-258, 2010, Available at SSRN: https://ssrn.com/abstract=1666733
Whilst this paper may be 10 years old. it is very informative and helpful
Sets out not only the differences between English and Scotttish law but also the differences between Developmennt Management Schemes and Tenement Management Schemes
Comments and suggestions prompted by this paper are invited and welcome as well as your experiences of these schemes
Also any updates and more recent law and developments
"Government steps in to help homeowners caught up in 'EWS1' process"
Full article here:-
https://www.gov.uk/government/news/government-steps-in-to-help-homeowners-caught-up-in-ews1-process
Agreement that buildings without cladding not subject to EWS1
Nearly 450,000 homeowners set to benefit
Government funding to train 2,000 more building assessors to speed up valuations
Government working with industry to ensure professional indemnity insurance is available for assessors
The most significant points could be the training of building assessors
"Further, the government has announced nearly £700,000 to train more assessors, speeding up the valuation process for homeowners in cases where an EWS1 form is required. This training will be delivered by RICS from January and will mean up to 200 additional assessors will be qualified to carry out the EWS1 assessment within a month, 900 within 3 months, and 2,000 within 6 months"
The RICS position is reported here https://www.thefpa.co.uk/news/rics-launches-fire-safety-training-programme
Some key points:-
the government announcing £700,000 in funding to train ‘more assessors’.
This would help in turn to increase the speed of the ‘valuation process for homeowners in cases where an EWS1 form is required’, with the training to be launched in January 2021 and – according to the government – mean that ‘up to 200 additional assessors will be qualified to carry out the EWS1 assessment within a month, 900 within three months, and 2,000 within six months’.
The course will take up to eight weeks to complete, and is designed for chartered building and building control surveyors ‘who already have a base knowledge to undertake external wall system assessments for low to medium risk residential buildings’, in turn ‘increasing the number of professionals to support the current market demand’, though buildings 18m or over requiring specialist training ‘will still require a qualified fire safety engineer’.
The course aims to ensure professionals can ‘identify and interpret effective information required for inspections from stakeholders’, as well as undertake inspection processes in addition to ‘intrusive’ inspections. They will also be able to ‘assess an external wall system’ including materials, construction and fire safety performance; understand fire risks presented by these; and define the scope of work ‘effectively through contracts and terms of engagement when taking instructions’.
Certainly 'no quick fix'
Even if 2000 extra assessors are recruited and qualified that will be fairly pointless unless the provision of Professional Indemnity Insurance for those assessors is put in place.
Whilst the government says it " is also exploring ways to address ongoing concerns around the availability of professional indemnity insurance" unless, and until, this is resolved then we may be no further forward.
It should be noted that whilst some of these steps may be beneficial to owners in Scotland, this is predominantly applicable with in England.
The Scottish Minister's working group is due to be updated next week on progress in Scotland.
None of this deals with the costs of the inspection(s) nor remediation of any problems revealed by such inspections.
For Scotland, confirmation will be required from the building factors/managing agents acting for the co-proprietors about the remedial building work required and who will be liable for the costs of the works.
Confirmation is required in writing on headed paper, covering:
· EWS1 requirements will be complied with and the building rendered fire safe (i.e. fall within the definition of A1, A2 or B1) on completion of the remedial works. - Quotes reviewed by EWS1 Fire Assessor.
· The interim fire safety measures are satisfactory. - Not required as stated on {contracors] report.
· A summary of the remedial works required and will take place within a reasonable timescale (circa 12 months). - Confirmed when works contractor appointed.
· Cost of works and source of funds (i.e. Common Fund). - No requirement for additional owner contribution beyond monthly fees.
· Append inspection report
I attended a webinar yesterday (Tuesday)relating to this DRAFT Advice note
The links are here.
https://www.gov.scot/publications/draft-scottish-advice-note-external-wall-systems-version-3-0/
Would welcome your urgent response to the questions to get a feel of people’s views
So here are the questions
Respondent Information Form
Questions
Please provide comments to set out the reason for your answer where possible.
1. Overall, do you find the advice helpful in understanding the guidance, legislation and processes as they apply to buildings in Scotland?
Yes ☐
No ☐
Comments:
2. Does the advice clearly explain the risk of external fire spread in both low rise and higher rise buildings?
Yes ☐
No ☐
Comments:
3. Does the advice clearly explain the risk of Metal Composite Material (MCM) cladding?
Yes ☐
No ☐
Comments:
4. Does the advice clearly explain the risk posed by Category 3 Aluminium Composite Material (ACM) with an unmodified polyethylene filler, and what actions building owners should take if their buildings have these systems?
Yes ☐
No ☐
Comments:
5. Is the guidance on non-ACM cladding (including High Pressure Laminate) panels helpful?
Yes ☐
No ☐
Comments:
6. Is the guidance on partial cladding helpful?
Yes ☐
No ☐
Comments:
7. Does the guidance clearly explain the difference between a fire safety risk assessment which considers external wall systems and one that requires an intrusive external wall appraisal?
Yes ☐
No ☐
Comments:
8. Is the guidance clear on when a fire safety risk assessment may need to be informed by an intrusive external wall appraisal?
Yes ☐
No ☐
Comments:
9. Is there any guidance that is missing or needs to be improved to provide greater clarity?
Yes ☐
No ☐
Comments:
10. Are there any other relevant comments you would like to make?
------------------------------------------------------------------------------------------------------
and if you could respond by sending to
group.co-ordinator@highrisescotlandactiongroup.org by Thursday night that would be helpful
(8) LinkedIn (1).pdf(8) LinkedIn (1).pdfA letter from the Minister to one of our members gives an insight to the current position.
Since this was a private meeting lasting nearly an hour, the report will of necessity (like yesterday's) be brief
The Working Group found that our contribution was helpful and unique in that we have an overview of the situation which is not and cannot be available to the group's members.
Accordingly I shall be attending future meetings for at least part of them.
In order to be play our part it is important that HRSAG is up to date with developments, and examples of issues, whether safety, or lending related.
SO PLEASE KEEP THE INFORMATION FLOWING!
I am convinced of the determination of the Minister and government to resolve this, but realistic in the assessment that a complete solution will take a considerable time
Brief report from attendance at Ministerial Working Group on Mortgage Lending and Cladding 29 September
Significant engagement with the Minister and members of the working group, and fulsome support and agreement from members confirming our analysis of the problem and the key issues needing to be addressed. Encouraged by the determination shown by those participating to work
· to resolve the safety questions
· to unlock the mortgagabilty issues
· to address the costs issue
Follow up meeting with Minister tomorrow pm
I made the point that the only people being asked to pay for resolving the problem are the people who didn’t contribute to the problem. Which cannot be right.
Our future involvement in the working group, and/or sub groups to be discussed
There was clear confirmation that it is not possible by way of Statutory Instrument to change the Factors ability to instruct investigations
STV
Looking for people willing to share their story about how EWS system and High Rise problems have affected them
Anyone in Aberdeen? but not only Aberdeen
Contact brandon.cook@stv.tv
ASAP
Progress?
Invitation just received from Minister to a private meeting. Accepted!
Chat with Scottish TV this pm
Next Session of the Holyrood Local Government and Communities this Friday 4th September 10 am
Live TV https://www.scottishparliament.tv/
HRSAG and our involvement in the forthcoming working group meeting are referred by the Minister in his written submission where he says " Working Group ... we are to meet again in late September, with updates from the sub-group Chairs on timetables and priorities to be with Government earlier in the month. As part of that discussion we expect to hear evidence from the High Rise (Scotland) Action Group"
PUBLICMTG4SEPT2020.pdfGrateful for this from one our members today
Could be good news where remediation is required.
We all need to press our MSPs to pursue this.
Kevin Stewart Housing Minister in a letter dated 4 August to an MSP
“I can confirm that consequential funding did come to Scotland as a result of the £1 billion fund announced for England in the budget statement of March this year. However, spending decisions are a matter for Scottish Ministers and, as you may be aware, we are currently in the process of agreeing the spending decisions for the forthcoming year. Irrespective of the outcome of these ongoing budget agreements, the Scottish Government will continue to consider how it can best support homeowners affected by this issue.”
When specifically raising this with my local MSP on Tuesday he did not give any confirmation – or otherwise
Neither was this confirmed in discussion yesterday with a Scottish Government team leader.
Invitation to attend give evidence to the Working Team's next meeting - September = A real plus.
Clear that COVID impacted hugely with team members being allocated to different roles, but now be re- engaged on the Mortgage EWS1 issues.
Also clear that if lenders insist on surveys for all buildings where they deem there is a Risk, there are simply not enough individuals with the appropriate experience and qualification to undertake that in any sensible time frame.
Clarity being sought from lenders as to their organisations current 'underwriting' practice on loan applications.
Unacceptable that lending being decline over wooden balconies. or even metal balconies with wooden slat floors which could inexpensively be replace with fire retardant properties.
Discussion on alteration of restrictions on Factors to initiate inspections without instructions form Owners.
Such changes would, if agreed, probably take a minimum of months.
Possibility of an assessment ('Son' of EWS designed for Scotland)
More to follow!
Grateful to John Baguley of RICS (who was one of the main architects of the EWS1 form)
He has agreed to do a 3- 5m minute interview/podcast to clarify some issues surrounding the intention, purpose and implementation of that form.
He also confirmed that the form is in course of being reviewed
Phone call received today, vigorously asserting that several flats with EWS1 forms in the names of individual owners had actually been sold.
This could be good news.
However that has not been the experience of anyone contacting HRSAG as yet. That could be because those people have no problem.
If you anyone can confirm that such sale have been completed with an EWS1 form please let us know ASAP at
group.co-ordinator@highrisescotlandactiongroup.org
Moved website to Google Sites
Grateful to one of our members for alerting us to these documents.
Just about to read them all - Very much welcome comments and input from others
https://www.gov.scot/publications/draft-scottish-advice-note-external-wall-systems-version-3-0/
https://www.gov.scot/binaries/content/documents/govscot/publications/advice-and-guidance/2020/07/draft-scottish-advice-note-external-wall-systems-version-3-0/documents/draft-scottish-advice-note-external-wall-systems-version-3-0/draft-scottish-advice-note-external-wall-systems-version-3-0/govscot%3Adocument/draft-scottish-advice-note-external-wall-systems-version-3-0.pdf?forceDownload=true
https://www.gov.scot/collections/external-wall-cladding-systems-advice/
COMMENTS PLEASE
Some of my understanding from my conversation of this morning.
Very positive attitude from UK Finance wishing to speak with us on a regular basis, as we work with others to untangle this situation, bring clarity to those concerned for their safety, and a way ahead to unlock the impasse that many are experiencing in buying and selling their homes
I have a meeting with UK Finance representing banks in the UK this morning.
Should be another interesting and helpful conversation
Movement!
I have a meeting with UK Finance representing banks in the UK this morning.
Should be another interesting and helpful conversation
Some clarification from RICS regarding EWS 1 certificates,
"The rules do not say one per block, in fact the opposite, that said due to the basis of homeownership and not having a single entity responsible for fire safety, individual owners are being forced to request the EWS.
The EWS process is designed to be per block but if all homeowners per block moved as one, to have a single EWS that all could use, and from which to plan remediation works (if needed), that would be a solution which is not reliant on legislative changes."
Invitation to quote for an EWS1 Survey from Factors acting on instructions of Owners Association
Example of recent invitation for a quotation - feel free to adapt!
Owners Associations / Owners may need to take the initiative in INSTRUCTING their factors to take this action
We act as Factors for.pdf
Posted 8 Jul 2020
Annual/Extraordinary General Meetings of Owners Associations during 'lockdown'
Does anyone have ANY experience of how to hold such meetings. Lots of ideas - but most seem to run into legal difficulties
Has anyone actually had one?
Urgent responses would be helpful!
North Edinburgh News today
Meeting being arranged at the instigation of, and with, Scottish Government's More Homes Division: Housing Markets:
Mortgages & Cladding
Press release issued at least one story advised of by lunchtime
Meeting with RICS today. Grateful for the time given by John Baguley, who took time to explain the background to the EWS1 form.
Grateful too for his promise to keep us in the process as they review the form. It was designed upon the basis that the survey/investigation process was on a block or stair basis, and that any resulting certificate was for that stair.
If forms are completed for a single flat/apartment owner then this may be a reason for lenders to decline to lend on that property
Interesting points from over an hour long meeting. Much to review as to how to proceed to the best and timely resolution of what seems an intractable problem
Interesting flowchart of EWS 1 procedures from 'InsideHousing'.
Excellent, constructive meeting with Nicola Barclay - Chief Executive of Homes For Scotland and Chris Ashurst and Lisa Murray from HRSAG. We can achieve more together than we can apart.
EWS1 Forms are being required for new builds!
Where is the professional capacity for the checking required?
This will not help kick start the home property market!
Conversely anyone buying a new home would at least have a starting point, and at the time of renewal of an EWS1 after 5 years there is a point of reference
A view of the EWS1 form and procedures
"insurers do not consider that the required route to complete the form is satisfactory, or that those completing it are doing enough detailed investigation to understand whether the building that is being assessed has combustible material on the outside"
Evidence from Association of British Insurers to Holyrood Local Government and Communities Committee
This could help some, maybe?
United Nations Special Rapporteur investigates Human Rights breaches arising from cladding issues.
The allegations made are detailed, The Report is to be found here and could be very salutary.
Come on! - This needs to be sorted, not in due course, but now.
We are happy to play a constructive part in the resolution.
The Minister has written to us confirming that he has asked his officials to consider how best to engage with homeowners and to have our views heard by the members of the Working Group. And said
“My officials will contact you later in the summer to discuss this matter further”
We have responded to the Minister
"Dear Minister
I am grateful for your response, and we look forward to engaging in this process.
I would be grateful however to receive an explanation as to why you have expressed the view that " it is not appropriate that the High Rise Scotland Action Group join the Working Group as members"
Surely there could be nothing more appropriate than the Owners/Residents being members, in order to contribute to the resolution of this dreadful problem?"
The Minister has written to us confirming that he has asked his officials to consider how best to engage with homeowners and to have our views heard by the members of the Working Group. And said
“My officials will contact you later in the summer to discuss this matter further”
MOT for buildings?
An idea that gained some initial support - Hope it shows we are trying to help solve the problems!
"Some positive ideas have come out of this evidence, one of which was for what we might call a building MOT. Would that be a good idea? I do not know how easy it would be to carry out such an MOT on existing buildings, but we could do it for any new building from here on in." - Committee member
"That is probably the type of idea that we will discuss in the private session" - Convenor
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The Official Report of last Friday's Holyrood committee meeting is now available on the Parliament’s website and can be accessed by following this link: http://www.parliament.scot/parliamentarybusiness/report.aspx?r=12712&mode=pdf
Now following up with various participants from the panels
Suggestions and comments welcome - by email, please to
group.co-ordinator@highrisescotlandactiongroup.org
Submission to committee now online
The Video of Friday's meeting is now posted online.
Some of the more salient points will be posted as short clips later
https://www.scottishparliament.tv/meeting/local-government-and-communities-committee-june-19-2020
Lots more to follow - but not today.
So this was a Good news Bad news day
Good - I think
Committee and others generally accepted that we should be part /members of the group at Parliament seeking to resolve this issue
The possibility of Government maintained, publicly held certificate for High Risk/Rise buildings renewable every 5 years (like an MOT) gained some interest.
Discussion of government funds being made available to enable factors/owners to have an assessment undertaken of their building
Bad - I think
The Insurers have no confidence in the EWS1 certification process, or its criteria, and were not involved in its conception or implementation.
The EWS form does not give enough confidence to insurers to enable them to assess that the risks are reasonable
There is no appetite and basically no interest in providing insurance related to High Risk Buildings of whatever height.
Lots more to follow - but not today.
Submission to committee now online
Submission_3.pdfWritten submission in for the Holyrood Local Government and Communities
Committee session on Friday.
It will be live on https://scottishparliament.tv
Grenfell - Three years on
Today we remember with sadness the 72 people who perished as a result of the Grenfell disaster
We also stand with those who are suffering and grieving.
The suffering and grief, sadly, spread and continues to affect those living in high rise flats, and indeed other dwellings. Depression, worry, anxiety, suicidal thoughts are an ongoing legacy.
We resolve to work with all to remove this blight on the lives of many thousands.
https://www.facebook.com/ukcag/videos/294926894875129/
https://www.youtube.com/watch?v=-PtYBRe9ivQ
This video from our English sister organisations show the dreadful mental impact on so many real people living in affected properties
videoplayback.mp4
Our friends at UK Cladding Action Group have prepared this report, and the statistics are shocking.
If you live in Scotland and have been similarly affected contact us confidentially through our web page
highrisescotlandactiongroup.org
It would be helpful to receive any feed back before we give evidence at Holyrood next Friday
Posted 10 Jun 2020
We now have a Glasgow co-ordinator
Welcome to Lisa Murray based in The Verde Building
We are currently compiling a directory of Owners Associations and contact details
Posted 10 Jun 2020
Invited to give evidence to the Holyrood 'Local Government and Communities Committee' next Friday.
If you have points that you think should be included in evidence please email
group.co-ordinator@highrisescotlandactiongroup.org
Delighted in rapid response from this Committee and the support being given
Chris
5 June
Map showing the local authorities which according to a "desktop" survey have residential building over 18 metres
5 June
Letters now sent to members of Local Government and Communities Committee, copying them in on yesterday's letter to the Housing Minister, and requesting that we are included in their deliberations.
Letter sent today (4 June) to the Scottish Housing minister asking for homeowners to be included in the working group he has established , alongside the representatives of mortgage lenders, surveyors, insurers, property managers, solicitors, house builders and the fire service
At present it does not include any homeowners, for whom he says the system has to work. Looking for a positive response!p 3
Parliamentary debate 12 March 2024 Cladding.pdfThere is a Response / Feedback form on these proposals here:-
https://forms.office.com/r/z3Lwt3GRh4
