 we heard many reasons for and against those two different approaches and the benefits that each could provide. Those who supported opening up verification to competition argued that that would drive up service levels and delays would be reduced. Some suggested that it would provide greater flexibility and the ability to respond to increasing demands. However, others argued that the overall level of the verification service provided by local authorities was good and that an impartial service was delivered that avoided any potential conflict of interest that might arise with private sector verifiers. We heard that the current Scottish approach provides a service that is accountable to elected members.
As a committee, we recognise that those who provide verification services in either the public sector or the private sector do so to a high professional standard. We also note that, although verification services are delivered by councils in Scotland, some councils use private verifiers when demand increases. From considering the evidence that was put to us, we are persuaded on balance that the benefits of impartiality, accountability and local knowledge that council verification provides outweigh any possible benefits that extending that to other organisations might bring. That said, we recognise that performance in some councils needs to improve.
In March 2017, the minister appointed 17 local authorities as verifiers for six years, as they had demonstrated strong performance. A further 12 councils whose performance was good but which had some weaknesses were appointed for three years. Overall, that means that 29 out of the 32 local authorities had good or strong performance. The three councils with poor performance—Glasgow City Council, the City of Edinburgh Council and Stirling Council—have been appointed for just one year, having been asked to address aspects of their poor performance.
We heard that delays in processing building warrant applications and uncertainties in outcomes were key performance issues that impacted on developers and on the overall attractiveness of Scotland for investment. The reasons that were cited for delays included increased workloads, budget cuts and loss of staff. Others highlighted the steps that had been taken to improve the service and performance management as having brought better customer focus to the local authority building standards system.
The Scottish Government asked Pye Tait Consulting to examine the performance of local authorities in their role as building standards verifiers. The report, which was published in March 2016, drew a number of conclusions, including the conclusion that
“Stakeholders are generally of the view that verifiers are doing a good job under difficult circumstances and recognise the resourcing difficulties that local authorities face. However, while some believe that speed and quality of service has improved since the introduction of the performance framework, concerns remain that the quality of service still varies between local authorities, meaning there is work to do in pursuit of national consistency.”
The committee agrees that greater consistency of service and performance across the system is required and that a highly motivated, skilled and well-resourced workforce is crucial to that. I invite the minister to set out how the Government is supporting the provisions of better workforce planning to address those concerns.
Another area that I want to comment on is accountability. In the course of our work there was considerable discussion about whether there should be a statutory scheme to redress faults in buildings after construction and who should be liable for these problems. We heard that the issue of subcontracting can lead to a blurring of the accountability lines when faults or issues arise. Others highlighted that it is the responsibility of house buyers to ensure that what they are paying for is delivered.
In considering the evidence before us, we recognised that accountability for the building process is the responsibility of every stakeholder in the construction process, from the builder to the council and the property buyer. Each has a role to play in ensuring that they meet the standards to ensure that the outcome is a safe, secure and good-quality building.
We recognise that principle in our recommendations regarding accountability. We recommend that, at the start of the building process, consideration be given to providing new-build house purchasers with more information and support. That could include clarity about what building standards do and how purchasers might reassure themselves about the quality of the build. I would welcome confirmation from the minister about whether the Scottish Government will consider that approach as part of its newly devolved consumer protection responsibilities.
We recommend that more standardised missives and contracts be considered, with a change from the form of words in the standard contract line that says that the builder will build a house to a form of words that says that the builder will build in accordance with regulations and to a reasonable standard.
We highlight the potential of an ombudsman to mediate in the case of disputes that might arise. Although the NHBC and others highlighted to us the beneficial role of the consumer code for home builders and its independent dispute resolution service, those aspects apply only to those home builders who register homes with the UK’s main home warranty bodies such as the NHBC. Our proposal for an ombudsman would offer mediation to everyone who was involved in a dispute. I would welcome comment from the minister on whether that proposal merits further consideration.
I am sure that my fellow committee members will want to highlight other issues in our report but I invite all members to contribute to our work. Do members think that there should be a statutory system of redress? How can building standards performance be improved?
This piece of work began with what we heard from our constituents, and I suspect that other members will have heard similar issues. This is everyone’s chance to put on the record what they think are the problems and the opportunities to improve the system.
The committee will return to this work in the new year, when we will consider our final views and report and consider all the comments that we will hear this afternoon. I thank all those who have contributed to our work so far and who will contribute this afternoon.
I move,.
I am grateful for the opportunity to talk to members about building regulations and fire safety in Scotland, and I acknowledge the hard work of the Local Government and Communities Committee that led to the publication of its report on 30 October. I also thank the Education and Skills Committee for the work that it has done in the area. I welcome what the convener of the Local Government and Communities Committee has described as “constructive scrutiny”, which is extremely useful when we are dealing with such matters.
The report draws strongly on the recommendations of the Cole report, mirroring and supporting a number of issues that are raised in it as well as linking to the Education and Skills Committee’s report on school infrastructure. Importantly, following the tragic events at Grenfell tower in June, the committee widened its work to include fire safety in building regulations.
The committee’s report raises complex issues that require full consideration, and I will respond in detail to each of the recommendations and findings before the end of the year. In doing so, I will detail the progress that has been made by the ministerial working group on building and fire safety as well as the most up-to-date communications and information that have been shared on issues arising from the Grenfell tower public inquiry and the United Kingdom review of building standards.
Before I go further, I should say that the fire at Grenfell tower was a horrific tragedy in which 71 lives were lost. My thoughts and sympathies remain with the families and friends of everyone who was affected, and I commend the work of the emergency services on that day and beyond.
Last week, the cabinet secretary Angela Constance provided the Parliament with an update on the work of the ministerial working group on building and fire safety, which was set up immediately following the Grenfell tower fire. Members will know from that statement that the group has moved swiftly to take action. It has focused on three main areas: reassuring the public of the steps that we have taken to ensure that a tragedy like the Grenfell tower fire does not happen in Scotland; establishing the fire safety of high-rise domestic buildings; and moving quickly to improve fire safety and compliance in relation to building regulations. A key element of the group’s focus has been on a range of measures to enhance and strengthen building regulations enforcement and compliance as well as fire safety in regulations.
We have established two comprehensive expert groups to review building standards. The first group is reviewing fire safety in building standards and is chaired by Dr Paul Stollard. The group, which held its first meeting on 27 October, will ensure that the fire safety standards in building regulations are robust and clear, with the focus on high-rise domestic buildings and high-rise non-domestic buildings with sleeping accommodation. The full remit of the group is available on the Scottish Government’s website. The expert group will also adopt a flexible approach in order to be ready to respond to any relevant evidence that becomes available from the Grenfell tower public inquiry.
The second group is reviewing building standards compliance and enforcement and is chaired by Professor John Cole, the author of the “Report of the Independent Inquiry into the Construction of Edinburgh Schools”. It will examine the roles and responsibilities of everyone who is involved in all elements of construction from start to finish. The group will consider the actions that are needed before a building warrant is granted and a completion certificate is accepted as well as the role of certification in the construction journey.
The fact that chairs of such high calibre are leading those reviews, alongside a wealth of experts in their fields, demonstrates that we are determined to ensure that our regulations are among the most robust in the world.
The Local Government and Communities Committee’s report covers a number of other issues, which I will now address. Local authorities are appointed by the Scottish ministers as verifiers to carry out independent checks of building design and construction through granting building warrants and accepting completion certificates. In considering the most recent appointments earlier this year, I had concerns over the performance of some local authorities. Bob Doris highlighted that issue. I was particularly concerned about processing delays and customer engagement. I took account of that when appointments were made on the basis that performance must improve. I also introduced a new Scotland-wide operating framework and an updated performance framework under the appointment