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Freeholders, owners of Stevenage’s Vista Tower, have expressed their frustration with the Government after it deemed a court ruling on fire safety issues a “victory for leaseholders”.
Gray GR was taken to court by the Level Up, Housing and Communities Department for failing to promptly remediate fire safety issues first identified in 2019.
However, as the judge made clear in court, the delay was due to changes to regulations, including the Building Safety Act 2022, following the 2017 Grenfell Tower fire.
Gray GR criticized the lack of communication with authorities throughout this transition process. He has repeatedly tried to secure funding from the Building Safety Fund, but allocations have been slow and have so far only covered part of the cost. of the work.
A Gray GR spokesperson said: “Contrary to DLUHC’s statements, internal works to the entire building will be completed in 2023, with extensive refurbishment work to the external façade commencing earlier this year.”
“We remain optimistic that all construction will be completed by the tentative completion date of fall 2025, and the court found that the remedial order is independent of our ability to speed up the process.
“As detailed in the public hearing, we have faced numerous delays during the remediation process in an attempt to obtain the clarity needed from DLUHC to keep the remediation at pace.
“While we have worked extensively with the government where possible, responses to inquiries have been slow or in some cases non-responsive, deadlines and requirements have been constantly changing, and the goalposts have frequently moved.
“Following this decision, we hope to move forward and continue to be part of the solution to a problem we were not designed to provide, providing safer housing for our leaseholders.”
Gray GR applied to the Building Safety Fund, which opened for registration from 1 June 2020. The fund works with funding from property taxes to address the removal of dangerous cladding that contributed to the Grenfell disaster.
The fund only allocated £327,195 in January 2021, despite consultants Tuffin Ferraby Taylor estimating the cost of the work to be £14.5 million. In February 2024, he was further released with funds of £3.733 million.
The issue has been complicated by the introduction of the British Standards Association’s PAS ((Public Specification)), the latest government guidance on fire risk assessment, which replaces CAN (Consolidated Advice Note). Gray GR withdrew its application to the Building Safety Fund under CAN and reapplied. The government said this was “further evidence of a stall”, but the judge said the switch to PAS was “perfectly reasonable”.
In court, the judge said: “There have been delays on both sides, but this should be considered in the light of the Grenfell fire and the significant changes it has brought about in the regulation of the construction industry and the enforcement of high-rise fire safety controls.” Stated. ”
The judge further stated that the government’s criticism of Gray GR over the fund application was “misplaced” as the government “introduced the fund without a means test and encouraged applications from freeholders in the same position as the government”. Ta. [Grey GR]We are not responsible for any related defects. ”
On the other hand, the government’s argument that Gray GR had fully pre-funded the works and should not have applied for funding to the Building Safety Fund, given the cost of the works and the fact that the freeholders did not bring suit That would be “unrealistic, even irrational.” defect.
Government wins landmark Stevenage cladding case