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The government has revealed the names of 11 developers that failed to sign its contract to fix fire safety defects, and face being frozen “out of the housebuilding business unless and until they change course”.
The details in this story were accurate as of 15 March 2023, and the article names developers that had not signed at this stage. Some may since have signed if you are reading this story at a later date.
The house builders and developers that did not sign the agreement by yesterday’s deadline include Rydon Homes, the development arm of Rydon Group. Rydon Maintenance, its contracting arm, was lead contractor for Grenfell Tower.
It also includes Galliard Homes and Lendlease, both major developers which have partnered with housing associations on large schemes.
Galliard is one of the largest developers in London, while Lendlease has a pipeline of 30,000 units in the UK. A spokesperson for the latter said it was considering the contract and would confirm its position by early April.
Rydon said it believes it should be treated as smaller builder, who are not subject to the current ultimatum.
The list is completed by Abbey Developments, Inland Homes, Telford Homes, Dandara, Ballymore, Avant, London Square and Emerson Group (Jones Homes).
Michael Gove, the housing secretary, had issued all major builders with a six-week ultimatum to sign contracts agreeing to pay for the removal of unsafe materials on properties taller than 11 metres that they had developed.
Speaking in the House of Commons this afternoon, Mr Gove said his promised Responsible Actors Scheme would be published next week, which would mean those that have not signed can no longer build homes in England.
“Those companies will be out of the housebuilding business in England entirely unless and until they change their course,” he said.
“They will not be able to commence new developments in England or receive building control approval for work that is already underway.”
Asked when this sanction would take effect, Mr Gove said details of the scheme would be provided next week. He added: “I want to allow some of the 11 who have not yet signed a little bit of leeway in order to ensure that they live up to their responsibilities.
“The letters that I’ve written to the directors of the companies concerned, I think, will help to concentrate their minds in order to ensure that they have a chance to sign before we [introduce the provisions].”
He said that officials were in “discussions with several [among the 11 that had not signed] who are making progress towards signing”.
However, he added: “I am concerned that some companies do not appreciate the grave nature of the responsibility that they bear.
“I’ll be writing to major investors in these firms to explain the commercial implications of the directors’ current decisions. I’ll write to local authorities and building inspectors to explain these developers’ projects may not be started or signed off.”
Responding to a later question, he explained that work on site for any ongoing projects would have to pause. “We will make sure their shareholders and their investors pay the price for the responsibility of their directors,” he said.
Singling out Galliard, after a question from Clive Efford, the Labour MP for Eltham, Mr Gove said: “Galliard is one of the companies that have been the most recalcitrant throughout.Other companies have done the right thing and they’ve done so with a willing heart, but Galliard have held out, they’ve briefed against the department and all the rest of it.
“So now it will be the case that unless they sign, Galliard will face those consequences and their business model will be fundamentally challenged by the legislation that we have passed in this house.
“So ultimately, if you have a company like Galliard, whose owners, directors and investors are determined not to play ball, then the consequences will come.
“And I want to be clear with the honourable member and clear with this house that Galliard will be facing consequences if they do not act.”
Galliard is a major developer, particularly in London, describing itself as the city’s “leading property developer”. According to its website it has 6,905 homes under development and a pause in its developments would have major consequences for the industry in the capital.
It has numerous developments which have required remediation work, such as New Capital Quay in Greenwich.
The list from the Department for Levelling Up, Housing and Communities (DLUHC) also revealed 39 developers did meet the deadline, including 10 listed house builders that publicly declared yesterday.
Mr Gove said these agreements would cover 1,100 buildings and represented £2bn in remediation work. Some of this will be paid back to the taxpayer, where public money has already been spent on safety works.
However, this means the scheme only represents a small fraction of an estimated 10,000 buildings which will require work.
Lisa Nandy, the shadow housing secretary, said: “It clearly only deals with a fraction of the problem. How does he plan to assess leaseholders in buildings with defects outside of the scope of the contract to get them remediated?”
She added: “The remediation remains painfully slow… the contract only stipulates that repairs and remediation must be carried out as soon as reasonably practicable. So can I push him again for hard timescales and deadlines on this.”
Mr Gove said that quarterly statistics on the remediation work and the progress towards completion would be released.
Asked whether more support would be offered to social housing providers, which have contributed an estimated £6bn – raised from tenants’ rents– to remediate buildings they own, Mr Gove said: “I’ve been in conversations with the chancellor of the exchequer about what more we can do in order to support the social housing sector. How richly those conversations bear fruit, we’ll have to see.”
Asked whether steps would be taken to hold the manufacturers of dangerous products, which have yet to pay a penny towards building safety remediation, to account, Mr Gove replied: “We have been pursuing individual construction product companies but, of course, our actions have to take into account the actions of others who’ve been pursuing them for criminal activity and liability.”
All developers named in the DLUHC’s list have been approached for comment.
Four other developers, Davidsons, Mactaggart & Mickel, Robertson and Wain Homes, had signed the original pledge but later found out they had no buildings within the contract’s scope.
Correct as of 14 March 2023
Developers which have yet to sign the contract:
Developers which have signed the contract:
Developers which signed the pledge but were subsequently found not to have developed buildings which are within its scope:
A spokesperson for Rydon Homes said: “Rydon Homes develops an average of 16 family homes per year which confirms our belief that Rydon Homes falls into the category of a small SME house-builder. We have made this point to DLUHC but have had no response.
“When DLUHC wishes to extend the contractual scheme to all SME developers, Rydon Homes Ltd will engage with that process, with a view to agreeing to enter into a fair and reasonable agreement with the government.”
Rydon Homes’ most recent published accounts, covering the 12 months to September 2021, show it turned over a total of £49.1m in the prior two years. Its accounts said it had sites with planning for 199 units in 2021 and 726 units in 2020.
Inside Housing asked how these figures were consistent with its statement.
A spokesperson for Lendlease said: “We’ve been in dialogue with government and key stakeholders to ensure a whole of industry solution is adopted to support potential remediation works; and recently announced a £114m provision which largely relates to buildings Lendlease inherited through our purchase of Crosby Homes in 2005.
“As a responsible global developer and investor, we firmly believe companies should only be held accountable when they’ve acted irresponsibly; and we’ve been in frequent conversations with the UK government on these issues both through the Home Builders Federation and directly. We’re continuing to work through the detail of the contract in the context of our global business and expect our governance processes will allow us to confirm our position by early April. The Department for Levelling Up, Housing and Communities is aware of our timeframe.
“In the meantime, we remain dedicated to a pipeline of work in the UK that is set to deliver around 34,000 new skilled jobs and nearly 30,000 new homes.”
A spokesperson for London Square said: “Fire safety in our buildings has always been of paramount importance. We signed the pledge letter last year even though we build high quality homes and have never had any cladding or fire safety issues at any of our developments.
“We remain committed to the pledge. We are disappointed to have been included in the list when we had not received a draft contract that was relevant to London Square to reflect the fact that we have no historic fire safety issues. Our lawyers are working to reach an agreement with the government lawyers and we understand they are close to achieving this. We are happy to sign when agreed.
“We fully support the government's response to building safety and agree with the principle that leaseholders should not have to pay for any costs associated with fire safety remediation work.”
A spokesperson for Dandara said: “Dandara was not invited into any of the original consultations between government, the Home Builders Federation and the UK’s 50 biggest housebuilding and development companies, this has delayed the process. As a responsible developer, we have signed the Developers Pledge Letter. We have also proactively engaged with owners and management companies to investigate and undertake any remediation works that may be required in respect of fire safety issues. We expect to sign the Developer Remediation contract imminently.”
A spokesperson for Galliard Homes said: “Galliard Homes are committed to upholding the principle that leaseholders should not have to pay for remediation of life critical building fire safety defects.
“We are working through the procedural matters with the Department for Levelling Up, Housing and Communities with the intention of signing this contract.
“We have already been remediating our buildings in line with government guidance for some time. We remain in constant dialogue with DLUHC during this period.”
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