RAAC Crisis: Latest Response to Scottish Parliament Petitions Committee Calls for Immediate Action, Financial Support, and Legislative Reforms. By Wilson Chowdhry

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London: Wilson Chowdhry, Chairman of the UK RAAC Campaign Group, and his daughter Hannah Chowdhry, a prominent advocate for RAAC-affected homeowners, have submitted a detailed response to the Scottish Government (click here). Together, they call for immediate action to address the significant safety concerns and systemic failures surrounding the use of Reinforced Autoclaved Aerated Concrete (RAAC) in Scotland’s housing infrastructure. The submission responds to the government’s current stance on RAAC and initial response to their on-line petition (click here), urging more comprehensive solutions to this housing crisis that has plunged many homeowners into disarray and financial uncertainty.

Wilson and Hannah Chowdhry’s submission highlights past RAAC-related disasters, including the 1990s collapse of homes in Basildon, where over 800 properties were demolished, and the 2004 demolition of 84 homes in Deans South, Scotland, due to structural defects linked to RAAC. These events, alongside the planned demolitions of RAAC homes in Tillicoultry and Torry, underscore a longstanding failure by both local councils and the government to act.  

Further evidence of these failures can be traced back to a doctor's surgery on the Basildon Knights Estate, which was forced to relocate in 2019 due to severe structural issues, including cracked walls and sinking floors. Despite these warning signs, local authorities and the UK Government once again failed to respond promptly and did not extend their investigations to nearby homes (click here).

"RAAC is a material with an alarming history of failure," said Wilson Chowdhry. "The fact that the Scottish Government still hesitates to address its dangers shows a failure of oversight that spans decades. Large-scale demolitions like those in Basildon and Deans South should have spurred action, but they didn’t. Now, Scottish homeowners are paying the price for this negligence."

Historical Failures Ignored

The Chowdhrys challenge the lack of a thorough investigation into RAAC by bodies such as the Institution of Structural Engineers (IStructE) and the Standing Committee on Structural Safety (SCOSS). Despite the alarming number of structural failures and demolitions, no formal inquiry into RAAC’s long-term safety was launched, allowing this defective material to proliferate unchecked across Scottish housing.

"If councils had acted sooner, we wouldn’t be facing this crisis today," said Hannah Chowdhry. "RAAC homes continued to be built and renovated long after it was clear the material was a risk. In many cases, councils ignored residents’ complaints about leaks and structural concerns for years before roofs literally started caving in."

Systemic Failures in Maintenance and Financial Support

The petitioners are particularly critical of the lack of financial support for homeowners, who are now facing enormous costs to repair or even retain their properties. While the Scottish Government's Scheme of Assistance Strategy offers advice and guidance, it provides no tangible financial relief.

"Homeowners are stuck between a rock and a hard place," said Wilson Chowdhry. "They’re expected to fix these homes themselves, without any grants, loans, or support schemes. People are on the brink of losing their homes, and the government is offering nothing but empty advice."

Clackmannanshire Council comes under particular scrutiny for its handling of the crisis. The council, according to the Chowdhrys, has pushed ahead with demolition plans without even exploring options for remediation. The petitioners accuse the council of using its majority ownership of affected properties to bulldoze through demolition plans, ignoring the homeowners who wish to keep their homes.

"These councils see RAAC as a way to justify cheap redevelopment," said Hannah Chowdhry. "They’re not giving homeowners a fair chance to retain their properties. Instead, they’re delaying everything—reports, decisions—so they can buy homes at reduced prices and redevelop the land for profit."

Call for Immediate Financial Support and a National Fund

The submission calls for the creation of a National Fund to support homeowners impacted by RAAC. Wilson and Hannah Chowdhry propose reallocating a portion of the £3.5 billion affordable housing fund or utilizing the unused £97.1 million earmarked for cladding remediation.

"A National Fund is the only fair solution for homeowners," Wilson Chowdhry emphasized. "People shouldn’t be forced into financial ruin because the councils and government ignored this issue for decades."

The petitioners also express frustration with the six-month wait for council option reports, which are already outdated by the time they are issued. The delay affects market valuations and further disadvantages homeowners, leading to fears that councils are intentionally dragging their feet to offer below-market prices for properties.

Demand for Public Inquiry and Legislative Reforms

In their submission, Wilson and Hannah Chowdhry demand a public inquiry into the historical failings of councils and the Scottish Government regarding RAAC. They question why, in the early 2000s, several councils chose to install secondary roofs over RAAC structures without addressing the core safety issues.

"Adding new roofs over RAAC buildings wasn’t a solution—it was a cover-up," said Wilson Chowdhry. "These councils didn’t want to spend the money to fix the real problems, and now homeowners are paying for that short-term thinking."

Clackmannanshire Council is specifically criticized for its failure to address years of water ingress and poor maintenance, which hastened the deterioration of RAAC homes. Aberdeen City Council also faces accusations of offering below-market valuations for homes, citing the “best value solution” under the Local Government Act of 2003—a move that petitioners argue ignores the broader socio-economic consequences for vulnerable homeowners.

Key Recommendations for the Scottish Government Petitions Committee

The UK RAAC Campaign Group, led by Wilson and Hannah Chowdhry, has urged the Scottish Government’s Petitions Committee to act decisively by:

Requesting further information from the Scottish Government and councils about their RAAC management practices.

Inviting petitioners to present their case in person before the Committee, ensuring direct insights from affected homeowners.

Referring the petition to other parliamentary committees, particularly those overseeing housing and building safety.

Recommending the establishment of a National Fund for financial relief and RAAC remediation.

Pushing for a full debate in the Scottish Parliament, forcing ministers to address the issue publicly and develop actionable solutions.

Launching a public inquiry into the councils and authorities that failed to take earlier action on RAAC safety.

The Chowdhry family, through their ongoing petition to the Scottish Parliament, have been calling on local authorities to fully utilize the provisions under Section 71 of the Housing (Scotland) Act 2006. This legislation allows local councils to provide financial assistance to homeowners in distress. In their petition, they highlighted guidance received from the Housing Minister, which points to Section 71 as a key mechanism for addressing the crisis. However, councils, including Clackmannanshire and Aberdeen, have so far failed to make full use of these provisions, exacerbating the housing challenges faced by many affected residents, particularly the elderly.

Delays in Response: Two Key Points That Stalled Progress

Progress in finalizing the petition submission was delayed as two critical points were negotiated between the petitioners and the committee:

Clarification on Development Plans: Wilson Chowdhry raised concerns that Clackmannanshire Council officers had downplayed the formal status of development plans relating to RAAC properties. Documents obtained through a Freedom of Information (FOI) request revealed that these plans, endorsed with the council's official logo, were more than informal proposals—they held official status. Although some council officials presented a different narrative, the Chowdhrys insisted on retaining this crucial detail. In the interest of moving forward, however, Wilson Chowdhry agreed to accept the committee’s latest amendment on this point, allowing the submission process to proceed.

Reference to Housing Minister’s Guidance: Another point of contention involved the explicit mention of the Housing Minister’s guidance on Section 71. Wilson Chowdhry stressed that the letter his daughter Hannah received from the Minister provided clear direction to use Section 71 provisions. This was not a disputable issue, and its inclusion was vital to the petitioners’ argument that councils had the power, but were choosing not to act in the best interests of affected homeowners. After careful review, the committee agreed to maintain this critical reference, ensuring that the petition fully reflects the Housing Minister’s advice.

Resolution and Next Steps

After the detailed negotiations, Wilson Chowdhry has now agreed to the latest amendments proposed by the committee. This agreement means the Petitioner written submission of 6 October 2024 can move forward without further delay, allowing it to be published and considered by the relevant authorities.

“We are relieved to have finally reached an agreement that retains the key elements of our argument. While it has been frustrating to face delays, we are confident that the amended submission will enable the Scottish Parliament Petition Committee to effectively urge the government to recognize the urgency of the situation. We hope this will lead to decisive action, pushing councils to use the powers available to them and securing necessary funding support from the government to help affected homeowners,” said Wilson Chowdhry.

The petitioners continue to call for stronger action from both Scottish Councils and the Scottish Government, urging them to provide financial support and practical solutions to address the housing crisis worsened by RAAC. Mr. Chowdhry is set to meet with Kevin Wells, Strategic Director: Place at Clackmannanshire Council, on 17th October 2024 to review the RAAC issues affecting homeowners in Tillicoultry. He also has a scheduled meeting on 14th October with Basildon Council Leader Cllr. Gavin Callaghan, Chief Executive Kim Bromley-Derry, and Assistant Director of Property, Asset Management & Development Jonathan Tizzard, as he pushes for a fair deal for Basildon residents facing similar challenges in England.

A Call for Legislative Changes

Beyond financial relief, Wilson and Hannah Chowdhry call for legislative reforms, including updates to the Scottish Home Buyers Report process to clearly identify construction materials and safety risks. They also propose the creation of a High-Risk Register, allowing surveyors and homeowners to access crucial safety information on construction materials.

"RAAC is just one part of the problem," said Hannah Chowdhry. "We need stronger laws and more transparency in the housing sector so that future homeowners aren’t caught off guard by hidden risks like this."

Furthermore, the petitioners are advocating for critical legislative changes that impact Scottish homeowners but fall under the remit of the UK Government. A letter outlining these requests was delivered in person to Housing Minister Angela Rayner and Prime Minister Keir Starmer at 10 Downing Street in May, and a response is still awaited.

One of the proposed changes includes legislation similar to the General Product Safety Regulations (GPSR), which requires manufacturers to address safety defects for the lifetime of a vehicle. The petitioners are calling for this principle to be applied to the housing industry, ensuring that developers are held accountable for rectifying safety issues, such as cladding and RAAC, in homes they built, even after the properties have been sold. This measure would ensure that developers who profited from constructing these homes are responsible for necessary repairs during future crises involving such safety defects.

Additionally, they are advocating for an amendment to the Financial Services and Markets Act 2000 to protect homeowners whose properties are condemned or demolished from the burden of continuing to pay their mortgages. This could include provisions such as mortgage interest relief or other financial protections, emphasizing that the UK Government has previously bailed out banks with taxpayer money, and thus should be willing to accept a smaller financial loss to support affected homeowners.

Finally, they are pushing for a legislative amendment to the Finance Act 2003. This change would renew first-time buyer status for homeowners whose properties have been impacted by RAAC or similar crises, ensuring that those forced to start over are not unfairly penalized in future property purchases. The petitioners are hoping that this amendment could be supported through a Private Member’s Bill or incorporated into broader financial legislation in the UK Parliament.

Wilson Chowdhry, Chairman of the UK RAAC Campaign Group, stated:

"We urgently alos need the UK Government to acknowledge the severity of this crisis and take real action. Developers must be held accountable for the safety of the homes they build, not just for a few years after construction but for the lifetime of the property. Moreover, homeowners affected by structural defects like RAAC should not be left with the burden of paying off mortgages on homes that are no longer safe to live in. It’s time for the Government to step up, protect these vulnerable homeowners, and ensure they aren’t left financially ruined."

 

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