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OPEN LETTER: Urgent request to UK and Scottish Government seeking national fund to support RAAC. By Wilson Chowdhry
A copy of the open letter below has been emailed to the Prime Minister via his online portal and parliamentary email, as well as to Angela Rayner via her official ministerial and parliamentary email. It has also been sent to the Scottish First Minister and Housing Minister by email. Additionally, a copy will be hand-delivered to the Scottish Parliament next week and to 10 Downing Street.
Dear Prime Minister Keir Starmer MP,
First Minister John Swinney MSP,
Secretary of State for Housing, Communities, and Local Government Angela Rayner MP,
Minister for Housing Paul McLennan MSP,
Open Letter: Urgent request for assistance with RAAC-Homes Crises
This letter has been sent by email. Please reply in kind.
I am writing to you at a time when 1,994 homeowners in Scotland are facing financial crises and the imminent risk of roof collapse. These homeowners either purchased their homes from local councils or acquired ex-council houses from the private market. Unfortunately, they were not informed at the point of sale that the roofs of these houses, built around 1965, were constructed using Reinforced Autoclaved Aerated Concrete (RAAC).
I am Wilson Chowdhry, Chairman of the UK RAAC Campaign Group. I hope to share my thoughts on this matter with you in the hope of garnering support and acceptance for the contents of the petition I have submitted, which is accessible via this hyperlink. I have been working on this issue for some time, prompted by the experience of my daughter, Hannah Chowdhry, a law student at Aberdeen. She bought her first home at 19, only to discover four months later that the roof, constructed with RAAC around 1965, was at risk of collapse. She never benefited from a council home discount and now faces financial ruin unless the Scottish and UK Governments intervene. I will explain below why I believe it will take a solution from both Governments.
I am not going to delve into the history of the RAAC issue, but for clarity, I am seeking your assistance for the thousands of affected people I now represent. Desperate homeowners are clinging to the belief that the UK and Scottish Governments will do the right thing and provide much-needed support, preventing hard-working citizens who struggled to pay mortgages from facing the prospect of homelessness. Many of these homeowners, if not a large majority, are elderly and cannot restart their lives at this stage. Every one of these homeowners deserves better treatment from the governments to which they have diligently paid taxes and from councils that have benefited from their regular council tax payments.
These properties were sold to unsuspecting homeowners under the Right to Buy Scheme, presented as equitable housing, a buffer against rising rents, and an investment that could create a legacy for future generations—none of which has been achieved.
Even now, the UK Government's Right to Buy summary booklet states:
“What are the benefits and risks?
Owning a home can be a good investment for the future, and gives you more freedom to make your home your own. But make sure you’ve also considered the risks and responsibilities.”
I cannot imagine that, until this RAAC crisis, the risks the scheme asked people to consider included the possibility that RAAC in their roofs could one day collapse, endangering lives or placing them in such a financial predicament. Moreover, without reviewing the original materials provided at the time of each sale, it is difficult to confirm whether warnings about the risks related to RAAC were given to everyone who purchased a property – though I very much doubt this. The booklet also states:
“Home ownership provides a special sense of pride. It would give you more freedom to make the changes you want to your home, and to move when and where you want to – for example, to take up a new job in another area, or take the next step up the property ladder.”
I would like to bring to the attention of the UK and Scottish Governments that the majority of residents in these areas cannot afford the inspections and remedial works that the Scottish Government has stated are "matters for the building owner." This was communicated in a letter to MSP Ariane Burgess, the Convener for Local Government Housing and Planning Committee , from Shirley-Anne Somerville, Scotland’s Social Justice Secretary. On 8th September 2023, MP Andrew Stuart responded to a question from MP Juliet Elliot by stating: “Individual building owners and managers are responsible for health and safety, including responding to safety alerts such as RAAC.” Admittedly, this question concerned the prevalence of RAAC in privately-owned sporting facilities, but the assertion remains the same.
When these homes were sold to deprived communities, they were intended to provide equitable housing, and the estates with RAAC are predominantly located in areas featured in indices of deprivation. Unless support is provided to homeowners already struggling with a cost-of-living crisis, they face an uncertain and bleak future. It is disappointing to read in the same letter that the Scottish Government "cannot simply reallocate money to issues such as RAAC," especially when any reallocation would obviously need to be carefully considered and planned.
Whenever a discussion on a national budget arises (my daughter Hannah Chowdhry first called for this), each government denies responsibility or claims poverty. The former Scottish Secretary of State, Alister Jack, stated that Scotland had received record funding and that devolution meant the Scottish Government had sole responsibility for housing under existing agreements. The Scottish Government argues that their budgets had not been inflation-proofed, resulting in a deficit of 9%. They counter-claim that these houses were built and many sold before the formation of the Scottish Government (then Scottish Executive) in 1999. Consequently, the Scottish Government is providing no financial assistance to local councils, which are struggling to reprioritize existing funds. Furthermore, they are offering inadequate compensation to homeowners where demolition is the chosen course of action and have not yet made solid offers of assistance to homeowners facing repair costs of up to £71,000 in Aberdeen, for example.
Equally concerning is the fact mentioned in MSP Somerville's letter that the Scottish Cross Sector Working Group (CSWG) has discussed issues such as the use of dangerous building powers under the Building (Scotland) Act 2003 for RAAC, as well as RAAC replacement and management. This research aims to ensure that councils are equipped not only to effectively condemn buildings owned by homeowners and private businesses containing RAAC but also to prevent failures like those experienced by residents in Deans South. In Deans South, residents had to fight to keep their properties through a public inquiry and were eventually given a "home for a home" by a developer who needed the land for their project. However, 76 homeowners received meager compensation, with some being offered as little as £18,000 for properties worth around £120,000. This highlights the need for robust policies to ensure fair treatment and adequate compensation for homeowners affected by RAAC-related issues, especially those whose equity has plummeted to zero following council declarations of RAAC presence.
In the same letter to the Convener of COSLA, MSP Shirley-Anne Somerville wrote: “In responding to the Committee’s request for an update on buying out homeowners living in ex-local authority or housing association homes containing RAAC, as the Committee is aware, the Capital Budget is under considerable strain and remains overcommitted in this and future years. There are no available resources to allocate towards a national fund at this time, and establishing one would necessitate further reprioritization.”
I would like to suggest that there can be no greater reprioritization than the imperative to keep people in their homes. Several Scottish councils have declared a housing emergency, which will worsen as they contemplate decisions regarding the relocation and demolition of privately owned RAAC-affected properties, alongside council homes.
You don't need me to remind you that these homes were purchased with the blood, sweat, and tears of hard-working people, many of whom dedicated long hours and invested their life savings and inheritances into homes they hoped would allow them to live rent-free in their elderly years and provide an inheritance for their children. Now, many of these residents are too old to start anew, and others, like my daughter, face the burden of debt at a young age through no fault of their own.
This brings me to the main point of my letter.
I strongly believe there is a moral obligation for the UK and Scottish Government to assist homeowners facing crippling financial crises and the threat of roof collapse due to RAAC. These homeowners have diligently paid their council taxes and yet excluded themselves from access to housing support while residing in these homes. Therefore, I urge serious consideration for reprioritizing funds to establish a national budget aimed at supporting RAAC-affected communities across Scotland, encompassing both private and council tenants, in addition to homeowners.
The UK Government imposed the Right to Buy (RTB) scheme on the Scottish Government, as we have been informed, thus I believe it holds a moral responsibility to assist in resolving the current crisis. The Scottish Government freed itself from RTB in July 2016 following the Scottish Parliament’s Housing (Scotland) Act 2014. Numerous news stories highlight the Scottish Government's historical reluctance toward the scheme.
Moreover, the principle of Estoppel in English law, analogous to Scotland's law of personal bar, could potentially be invoked in a legal challenge if the UK Government declines to offer support. This legal doctrine protects legitimate expectations, and it could be argued that homes sold under the UK Government’s Right to Buy (RTB) scheme failed to fulfill the esteemed principles of being fit for purpose, intended as a legacy for future generations, and promoting housing stability and equitable living conditions. These principles are rooted in the Housing Act 1980 and the manner in which the Right to Buy scheme was originally presented.
I cannot understand why the previous UK Government offered no support for this RAAC-homes crisis. Although, it appears that only Basildon Borough Council in England and the town of Hirwaun in Wales, where RAAC homes were test cases, did not lead to wider RAAC-built housing projects. The limited number of affected people in England and Wales seems to have created reluctance to provide assistance. Moreover, there appears to have been less stringent adherence to HM Treasury and Property Services Agency construction procurement guidance for homes by Scottish councils. This is evident from the extensive use of RAAC by Scottish local authorities in council homes compared to the rest of the UK. Online publications indicate a significant shift in procurement practices around 2018, post-devolution. However, this does not absolve the Scottish Government from responsibility to the people they serve, especially considering they were responsible for implementing the Right to Buy scheme in Scotland, whether under duress or willingly.
The politics of assigning blame only serves to further burden families and individuals already grappling with a severe cost-of-living crisis. It is crucial that both governments collaborate swiftly and effectively to address the RAAC issue and provide the necessary support to prevent further hardship and uncertainty among affected communities. With that in mind, I urge the UK Government to consider co-funding a national budget in collaboration with the Scottish Government, as I have previously advocated.
On Sunday, 7th July, Prime Minister Keir Starmer declared he would 'deliver for Scotland' while visiting First Minister John Swinney in Edinburgh. Now, I read on the Delivering for Scotland government website: "The UK Government is building a fairer, safer, and more prosperous country that works for everyone." I hope you will deliver on that promise, as it will ultimately be the citizens of Scotland who bear the brunt of any neglect. Surely, this outcome cannot be tolerated by your government, and I trust you share this concern.
This budget should ensure that homeowners receive necessary financial support for inspections and, where applicable, fair compensation through voluntary purchase offers or Compulsory Purchase Orders issued by local councils. With seven councils in Scotland already declaring a housing emergency, this number is likely to rise if RAAC homeowners are added to the existing homelessness crisis. I have spoken with Clackmannanshire Council and am aware of the innovative measures local councils have had to take to support homeowners and tenants affected by RAAC. For instance, they have sought funds from regeneration budgets for voluntary purchases. Similarly, Aberdeen City Council has reprioritized funds initially intended for Ukrainian refugees to address the RAAC crisis in their city, although this support has not yet extended to homeowners.
Implementing a national budget would alleviate the reluctance towards assistance seen in the 13 councils and social landlords grappling with the RAAC homeowner crisis. It would provide a unified approach and necessary resources to ensure consistent support across all affected areas, benefiting both homeowners and tenants alike.
Additionally, we are advocating for a public inquiry into the practices of councils and housing associations concerning RAAC. This inquiry should thoroughly investigate how these entities conducted business related to RAAC, including historical practices, the handling of property sales, disclosure of RAAC presence, and their response to homeowner concerns. It is essential that this inquiry ensures transparency, identifies any shortcomings in procedures, and holds accountable those responsible for ensuring housing safety and integrity.
We also propose legislation aimed at safeguarding future homebuyers from encountering similar issues. The proposed law would establish a comprehensive register of high-risk buildings across Scotland, providing essential transparency and protection. This register would ensure that solicitors and RCIS certified surveyors share joint responsibility in property transactions, ensuring thorough reporting on critical issues such as RAAC and cladding to prospective homeowners. Given that RAAC is not as visibly identifiable as cladding, surveyors would play a crucial role in identifying potential risks during inspections, including those associated with asbestos-containing artexing. Conveyancing solicitors would then verify these risks against the register to determine their relevance. Should either party fail in their duty, affected buyers would have the right to seek legal recourse to recover their losses.
We also advocate for the introduction of legislation similar to the General Product Safety Regulations (GPSR), which mandates manufacturers to address safety defects for the lifetime of a vehicle, to be applied to the housing industry. This measure would hold developers accountable for rectifying safety issues such as cladding and RAAC in homes they built, even after purchase. It would ensure that developers who profited from constructing these homes are responsible for necessary repairs during future crises involving situations like those with cladding and RAAC.
We advocate for an amendment to existing financial legislation, such as the Financial Services and Markets Act 2000, to include provisions for protecting homeowners whose properties are condemned and demolished. This could involve interest rate relief or other financial protections.
Finally, we call for a legislative amendment to the Finance Act 2003 to be passed by the UK Parliament. We hope this amendment can be supported through a Private Member’s Bill or included in broader financial legislation. This change would renew the first-time buyer status for homeowners affected by RAAC or similar crises.
We would appreciate it if any decisions made regarding this request for RAAC homeowners include all affected homeowners across the UK.
A copy of our petition can be read below though we have also applied for a Citizen Participation & Public Petition on the Scottish Government website.
https://www.ipetitions.com/petition/concrete-solutions-for-raac-problem
I eagerly await your response to this letter.
Best regards,
Wilson Chowdhry
Chairman, UK RAAC Campaign Group
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