Following the conclusion of the inquiry, the Port of London Authority (PLA) has told the Department how it intends to resolve residents’ concerns. Although the Department has no relevant powers that can be used to assist in this situation, it is currently satisfied with the PLA’s proposed course of action but will keep the matter under review.

The UK has huge potential for solar power, and the Government is committed to working with industry to radically increase our existing solar capacity, through a variety of methods, to meet the targets set out in the Clean Power Action Plan. Plug-in solar provides an opportunity for households to adopt solar more cheaply. The recently published Solar Roadmap includes an action for the Government to conduct a safety study this year. This safety study is currently out to tender, and the results will determine how we can progress with this work, with the aim of unlocking opportunities for plug-in solar in the near future.

The department has held many meeting with the PLAs. As one of the most important UK ports, officials and Ministers from across government meet with the Port regularly to discuss a range of issues. I can confirm that the issue of balconies has been raised.

The department has not conducted a review of all Statutory Harbour Authorities to assess if they have the power to charge for overhanging residential balconies. Given the divergence in port local acts, it is not clear how many ports have this power.

Harbour Revision Orders (HRO), and the associated consultations for these orders are conducted by the Marine Management Organisation who handle direct discussions with HRO applicants in the majority of cases.

Unusually in the case of this HRO, the department had initial discussions with the Port of London Authority around some of its proposed changes, which would have made changes to the powers of the Department within the ports’ operational area.

The Department has been made aware of the concerns of some property owners around the issues of balcony charges, but as the order has gone to an independent public inquiry, the department judged the inquiry to be the correct body to handle this issue.

The department has not made any investigations as to whether this would apply to the parliamentary estate.

The Department regularly engages with the Port of London Authority on a number of topics, including the PLAs approach to overhanging balconies on the river.

As there is going to be a public inquiry around the PLA Harbour Revision Order, where the topic of River Work licenses is likely to be raised it would be premature to take any substantive action, should that be appropriate, until the inquiry has concluded.

The Government recognises through our national planning policy the importance that new development provides well-designed, healthy and inclusive new homes for all residents.

In support of this, our National Design Guide, which informs the preparation of local planning policies and guidance, emphasises the benefits that access to external private space, including balconies on new apartments, can bring in supporting the health and wellbeing of residents.

In addition, the National Model Design Code highlights how local councils can use design codes to consider the provision and size of balconies on new apartments in urban areas, where appropriate in the local context. Design codes can give developers greater certainty on design expectations at an early stage in the planning process.

Our national design guidance has been developed in consultation with built environment professionals, including housing developers, with the feedback collated and reviewed prior to publication.

The Government recognises through our national planning policy the importance that new development provides well-designed, healthy and inclusive new homes for all residents.

In support of this, our National Design Guide, which informs the preparation of local planning policies and guidance, emphasises the benefits that access to external private space, including balconies on new apartments, can bring in supporting the health and wellbeing of residents.

In addition, the National Model Design Code highlights how local councils can use design codes to consider the provision and size of balconies on new apartments in urban areas, where appropriate in the local context. Design codes can give developers greater certainty on design expectations at an early stage in the planning process.

Our national design guidance has been developed in consultation with built environment professionals, including housing developers, with the feedback collated and reviewed prior to publication.

Government funding covers all works directly related to the removal and replacement of unsafe cladding systems on residential buildings of 18 metres and above in height. Detailed information on works eligible for funding can be found in the Building Safety Fund prospectus, available at: https://www.gov.uk/guidance/remediation-of-non-acm-buildings#prospectus---outlining-eligibility-for-the-fund . Eligible works can cover other structural and fire safety works but only where it integral to the remediation of the unsafe cladding system.

The Government has always been clear that a risk-based professional judgement should be made regarding the safety of a building’s external wall system and would encourage building owners to consult a competent professional who will be able to advise.

A number of factors should be considered when considering balconies including building height, balcony arrangement and location as well as consideration of other fire safety measures such as sprinklers. We cannot comment on specific building situations however we would always encourage those undertaking these assessments to use an approach proportionate to the level of risk in each building.

In April 2020, the Government published the workplan for the technical review of the statutory guidance to the Building Regulations with regards to fire safety (Approved Document B). We have commissioned research for this fundamental review which will address key fire safety issues. We have already started research on balcony spandrels and laminated glass, construction technologies and design, compartmentation and fire resistance, and other important topics. Details of the technical review are set out here:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/877365/Technical_review_of_Approved_Document_B_workplan.pdf

The Technical Review will provide us a robust evidence base to make any future policy decisions.

The Building Safety Fund will cover all works directly related to the removal and replacement of unsafe non-ACM cladding systems, this will include costs to remediate balconies where they are integral to the cladding system. This is because unsafe cladding acts as an accelerant to fire spread, and funding will remove the biggest obstacle to remediation proceeding.

Works which are not directly related to the remediation of unsafe cladding systems will not be covered by public funding. Government guidance is clear that building safety is the responsibility of building owners and the consolidated advice note published in January 2020 provides information to building owners on the actions they should take to address the risk of fire spread from external wall systems including and balconies.

An Economic Impact Assessment was published alongside the draft Building Safety Bill on 20 July 2020 which includes estimates of the average costs per building for addressing safety remediation in high rise buildings, including balconies.

This information is not held.

The department has published estimates regarding EWS1 requirements on residential buildings in England and these estimates are available online here - https://www.gov.uk/government/publications/building-safety-programme-estimates-of-ews1-requirements-on-residential-buildings-in-england/building-safety-programme-estimates-of-ews1-requirements-on-residential-buildings-in-england.

The analysis is based on information provided by local authorities and housing associations who are conducting a data collection exercise as part of a programme to build a more complete picture of high-rise residential buildings and the variety of external wall systems in use.

To speed up valuations where EWS1 forms are justified, the Government is providing nearly £700,000 funding to the Royal Institution of Chartered Surveyors to train up to 2,000 more assessors in 2021. This training commenced in January and there are over 700 candidates on the course.

The Government published in January 2020 a consolidated advice note providing advice to building owners. The consolidated advice note provided information to building owners on the actions they should be taking immediately to address the risk of fire spread from external wall systems including insulation and balconies.

We have invested over £5 billion investment in building safety, including £3.5 billion announced on the 10 February. This will fund the cost of replaying unsafe cladding in all buildings 18 metres and over.

We will also provide leaseholders in buildings of 11-18 metres with access to finance for cladding remediation costs and a commitment that their monthly cladding repayment costs will not exceed £50 a month.

We will publish more details on how these schemes will work in due course.

The Government’s existing funding schemes are providing £1.6 billion to remove and replace unsafe cladding systems from high rise residential buildings. This is because unsafe cladding acts as an accelerant to fire spread, and funding will remove the biggest obstacle to remediation proceeding. Eligible items covered by funding includes works directly related to the replacement of the unsafe cladding system. Detailed information on eligible items can be found in the relevant prospectus for each fund, available at: www.gov.uk/guidance/building-safety-programme.

Works which are not directly related to the remediation of unsafe cladding systems will not be covered by public funding. Non-cladding defects are therefore not included unless they are integral to the cladding. Government guidance is clear that building safety is the responsibility of building owners and we have given expert advice on a range of safety issues to provide clarity. We will publish more details on how the additional £3.5 billion funding for the removal of unsafe cladding announced on 10 February will work alongside existing funds as soon as possible.

The Government is focussing public funding on cladding systems because unsafe cladding acts as an accelerant to fire spread and poses an exceptional fire risk at certain heights. Works which are not directly related to the remediation of unsafe non-ACM cladding will not be covered by the Building Safety Fund. Balconies are therefore not included unless they are integral to the cladding. Funding for the removal of unsafe cladding will remove the biggest obstacle to remediation proceeding. Our guidance is clear that building safety is the responsibility of building owners and we have given expert advice on a range of safety issues to provide clarity.

The Health Act 2006 and the subsequent Smoke-free (Premises and Enforcement) Regulations 2006 made it illegal to smoke in public enclosed or substantially enclosed areas and workplaces. The are no current plans to change this legislation. However, organisations can make their own non-smoking policies for outside space which is not captured under the Act or Regulations.

The Royal Institution of Chartered Surveyors (RICS) designed the EWS1 process in conjunction with mortgage lenders to assist with valuation of high-rise residential buildings.

The EWS1 process is not a Government regulatory requirement and the Government does not support the blanket use of EWS1, especially for lower rise blocks. EWS1 forms are not needed for buildings under 18 metres – unless there are exceptional circumstances. The Department is encouraging lenders to take a more proportionate approach to use of the EWS1 process and to accept a broader range of evidence to assure themselves of a building’s safety.

Building safety is the responsibility of the building owner, and they must remedy any safety risks uncovered. Government have published advice, including on balconies, for building owners on how to ensure safety of buildings here: https://www.gov.uk/guidance/building-safety-programme#advice-notes. Building owners should consider all routes to meet costs, protecting residents where they can – for example through warranties and recovering costs from contractors for incorrect or poor work.

Local authorities and housing associations should contact MHCLG or the Regulator of Social Housing respectively, if carrying out essential fire safety works would affect their financial viability.