The meeting of the Officer Key Decision for Newham Council on Monday 20 July 2026 was scheduled to discuss urgent compartmentation surveys and remedial works at David Lee. The decision regarding these matters was delegated to the relevant officer, and details are available in the attached documents.

David Lee, Urgent Compartmentation Surveys and Remedial Works

The primary item scheduled for discussion concerned urgent compartmentation surveys and remedial works at David Lee. The report pack indicated that the purpose was to seek approval for awarding a contract to conduct these surveys, identify all necessary fire safety remedial actions, and undertake the immediate resolution of any subsequent emergency works identified. This request was for retrospective approval and award due to the urgent requirement to respond to notices from the Building Safety Regulator and mitigate immediate life safety risks. Delaying procurement was deemed to expose residents and the Council to unacceptable risk and regulatory non-compliance.

The report outlined that the current Fire Risk Assessments for David Lee, identified as a Higher Risk Building (HRB) under the Building Safety Act 2022, highlighted necessary compartmentation remedial actions. Following the receipt of notices, the Council had instructed a specialist fire safety contractor, Greyline Group Ltd., to commence compartmentation surveys, including asbestos R&D surveys and opening up works. The contract recommended for retrospective award would encompass these activities. Additionally, based on pilot surveys, the contractor was instructed to provide provisional sums for emergency remedial works, allowing for immediate instruction of works to remediate identified emergency defects while areas were exposed.

The urgency of the matter was attributed to health and safety risks posed to the building fabric and its occupation. For any identified emergency compartmentation works, it was considered not practicable to wait for building control approval from the Building Safety Regulator (BSR) before commencing remediation. These circumstances were described as an emergency for building safety and regulatory compliance. A Senior Capital Works Project Manager was assigned to oversee contract management, monitor emergency variations, and provide assurance on delivery, budget control, and quality of works.

The proposed contract award included conducting asbestos R&D surveys, compartmentation surveys and opening up works of all dwellings and communal areas, identifying and reporting on remedial work actions, and undertaking emergency remedial works upon formal instruction. The total estimated cost for these surveys and provisional sums for emergency remedial works was £775,348, with Greyline Group Ltd. being the recommended contractor. This cost was subject to value for money assessments by the Council's construction consultants, Bellrock.

The report highlighted that the commencement of compartmentation surveys was immediate due to time requirements set by the BSR and safety risks. The proposed approach was considered necessary and proportionate given statutory obligations under the Building Safety Act 2022. The report also noted that under regulations 10 and 11 of The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023, works to an HRB may commence without building control approval if they constitute emergency repairs and are the only works to be carried out, provided certain conditions are met, including notification to the BSR and submission of a regularisation certificate.

It was proposed to make a direct award to Greyline Group Ltd. via a call-off from the Procure Public Ltd. Framework, specifically the Building Refurbishment 2025 lot. This framework permits direct award, and Greyline Group Ltd. was ranked first in that lot. The use of the framework and direct award route was stated to be compliant with its terms and the Council's Contract Procedure Rules.

The proposal was presented as supporting the Council's wider obligations to maintain safe and compliant social housing, aligning with Priority 5, 'Homes for Our Residents', and the outcome measure 'Quality of Home: Increase people's satisfaction with the overall quality of their home'.

The report pack also detailed risk implications, including health and safety risks to residents, reputational damage, contractor abandonment, financial liabilities, and potential criminal prosecution if works were not carried out effectively. Alternative options considered and rejected included doing nothing, undertaking works in-house (due to insufficient workforce capacity), and addressing emergency remedial works in a separate package (due to potential delays in compilation, procurement, and Gateway 2 application processing by the BSR).

Residents at David Lee had been informally consulted via letter and meetings. Due to the urgency, formal leaseholder consultation under section 20 of the Landlord and Tenant Act 1985 was not conducted, and the recovery of leaseholder charges was under active consideration. The Council intended to seek legal advice regarding dispensation under Section 20ZA of the Landlord and Tenant Act 1985.

Financially, the estimated total value of £775,348 was to be funded from the 2025/26 to 2029/30 Investment Stock-Assets budget, part of the Housing Revenue Account (HRA) Capital Programme. This budget is funded by contributions from long leaseholders, HRA reserves, and new HRA borrowing. The proposed borrowing was estimated to add £86,000 per annum to the Council's HRA future revenue budget. The report acknowledged a risk that actual costs might exceed estimates, with any variations subject to further approval and scrutiny.

Legally, the report sought approval to use the Procure Public Building Refurbishment framework, supporting the Council's discharge of its duties as landlord and Principal Accountable Person under the Building Safety Act 2022. The undertaking of surveys enabled compliance with regulatory notices served by the BSR. The Council's power to procure and enter into the contract was derived from the general power of competence under section 1 of the Localism Act 2011. The framework was established before the Procurement Act 2023, meaning the Public Contract Regulations 2015 (PCR 2015) remained applicable, and the contract award was below the threshold for mandatory competition requirements under PCR 2015.

There were no equality and diversity implications arising from the report. Procurement had reviewed the proposed award and confirmed compliance with framework requirements and PCR 2015.

The decision maker for this Officer Key Decision was identified as Paul Kitson, Corporate Director of Inclusive Economy & Housing. The report noted that key decisions made by officers cannot be implemented until the sixth working day following the date of publication to allow members to consider calling in the decision.