Victims’ solicitor calls for further building safety reforms

Metropolitan Thames Valley Housing (MTVH) has reached a settlement with the residents of a block of flats destroyed by a fire in 2019.

The blaze at Richmond House in south London, which was built by Berkeley Homes in 2011 and was owned by the 56,000-home association, razed 23 flats on 9 September that year.

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Residents of the block have spent the subsequent five years fighting for damages.

A spokesperson for MTVH confirmed to Housing Today that it had “reached a settlement with the residents of Richmond House”, as well as with St James, the Berkeley subsidiary responsible for the construction of the timber-framed building.

The terms of the settlement remain confidential.

According to the residents’ lawyers, Bindmans, forensic reports from independent experts and the London Fire Brigade determined that the building had “hidden cavity defects which caused the rapid fire spread”. 

“Were it not for the quick thinking of residents in raising the alarm and helping each other to escape, many could have died,” they said.

Agnese De Masi, a victim of the fire, said: “The housebuilding market is broken. There are no adequate protections for defective low-rise buildings, like ours, that are four-storeys and under. We have been lucky in being able to make a claim but the costs to victims of making a claim are in most cases prohibitive.”

MTVH’s spokesperson said: “At each stage of the process MTVH has acted in good faith, working constructively within the mediation timetable set out by the residents’ lawyers, Bindmans, as they sought a resolution with both MTVH and St James. 

“We hope that coming to this settlement will help to bring some closure to residents.” 

Christian Hansen, the residents’ solicitor and an associate at Bindmans LLP, said that attempts to fix the “broken” building safety system had “not gone far enough”.

“As well as missing protections for under 11m buildings, negligent and dishonest constructors of all sizes of buildings can still avoid responsibility,” he said. 

“A damages claim could be made in this case because St James is still a going concern. 

“Many defective and dangerous buildings have been built by short-lived companies which disappear afterwards, leaving profits to a parent company, and leaving residents with no one left to hold accountable.”

He claimed the Building Safety Act 2022 allowed only limited claims against associated companies, leaving victims unable to claim for many losses. 

“Victims cannot recover anything from such constructors if their building burns down – as happened to Richmond House,” he said, urging further reform.

Berkeley declined to comment.