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Building Regulations (Amendment) Bill [HL]

My Lords, I declare my interest in property and insurance as laid out in the Register. I agree with much, if not all, of what the noble Lord, Lord Best, said, particularly as it relates to the crisis in home construction. The figure that I had for housing new starts showed the lowest number since 1946. The noble Lord, Lord Best, has now pointed out that that is too recent, which is a comment on the state of the economy. It was not that long ago that it was declared from Whitehall that 3 million new homes would be built, but of course that target is nowhere near being met. That is why it behoves us to be extremely careful when legislating and potentially adding costs to the construction of new properties. As my noble friend Lord Cathcart said at Second Reading, we welcome the goal of reducing deaths caused by household fires. The noble Lord, Lord Harrison, has set out a not unrealistic aim of changing the building regulations so that new build domestic dwellings incorporate a sprinkler system that is designed to extinguish a fire. However, as the noble Lord, Lord Best, pointed out, and as the noble Lord, Lord Harrison, correctly recognises, the Bill is a step towards that change but it is not a perfect vehicle for doing so. The value of debating amendments such as these in Committee is that it gives all sides an opportunity to think hard about what the result of the Bill might be. Although we all want to eliminate fire fatalities, noble Lords accept that we must also consider the practicalities of attempting to do so. The noble Lord, Lord Best, has proposed a consultation review. Our Amendment 4 is along very similar lines. We have sought to identify some of the areas that need to be considered closely in detail before any firm conclusion is reached. My noble friend Lord Cathcart developed those at Second Reading. I understand that the noble Lord, Lord Harrison, will consider amendments that he may wish to bring back on Report, and I hope that our amendments may be of use to him for that purpose. If we are to impose regulations on housebuilders, we must first consider the costs and benefits of doing so. As we are all too well aware, the construction industry, along with the rest of the economy, remains in a fragile state. Any consultation must consider what imposing new costs and regulations will do to the housing market. The cost of new sprinkler systems will not be simply a capital outlay for installation; there will be ongoing costs of maintenance. Presumably, regular tests must be carried out to ensure that the sprinkler system is still working and attended. One assumes that that would almost certainly take place when a house was sold, meaning that the cost would be borne by the vendor or passed on to the purchaser. I have suggested in paragraph (b) in Amendment 4 that home information packs might be a route to allow the fitness of a sprinkler system to be certified, but we know that home information packs are unpopular and costly, and that would add to their burden. Who will be qualified to inspect sprinklers? Are there enough such people to meet demand? How would inspections be costed? Beside the costs that arise at the point of sale, there will be ongoing maintenance costs to householders. I understand that the water used for firefighting will be pumped through different pipes from water used for general domestic purposes, but I assume—I am open to advice on this—that those pipes will be just as susceptible to freezing and bursting as ordinary pipes. They will need to be lagged and insulated at a cost, even if the water inside is free of charge. Any consultation must consider that and how poor households would be able to meet the cost. Will there be a contribution from water companies or a reduction in insurance premiums? As the noble Lord, Lord Best, suggested, talking to stakeholders will be crucial. I have experience of this. I was involved in the construction of a new school academy a couple of years ago in Blyth in Northumberland. That was before the regulations were introduced. We had a fixed price for the construction of that academy, and we were required, not by law, not by regulation but at the request of the local chief fire officer, to place a sprinkler system in that school. We made the point that having a sprinkler system in the school meant that it could be set off maliciously. Because there was a huge amount of technical equipment and carpets throughout the school, the cost of such an occurrence would be huge. The absolute cost of installing the sprinkler system was £1.2 million, which meant that cost savings had to be made elsewhere in IT and other capital equipment, such as fitness suites, for the academy. So a cost/benefit analysis needs to be undertaken. A further area to consider suggested in our amendment is how to combat the risk of fraud. With a supply of free water being piped into households alongside the metered supply, is there a temptation for the unscrupulous to tap into firefighting supplies? I realise that that requires a certain amount of plumbing skills, not to say determination, but if we were dramatically to increase the number of buildings with a dual supply of water, we might assume that there will be increased attempts to defraud. Could that lead to higher bills for everyone else? Is the water industry ready with new technology to beat that potential fraud? That question must be answered in consultation. The final point of my amendment is sustainability. That is a nebulous term, I admit, but here we might ask: how long is the lifespan of a sprinkler system? What work might be required to replace worn out systems and how best can leaks and wastage be prevented? That is a quick run through some of the problems that occur to us. I am sure that the noble Lord, Lord Harrison, is aware of all that, and he has been sensible and reasonable in indicating that consultation will need to take place. I would favour a broad and detailed consultation, and I look forward to hearing the Minister’s thoughts on the matter. We will need to hear from the Government how long a consultation might be necessary and who and what it should include. That will help the noble Lord, Lord Harrison, to marshal his thoughts ahead of Report.