Cracks in the Foundation: Unveiling the RAAC Dilemma - The Battle for Homeowners' Rights

Hannah Chowdhry outside her home.

Nineteen-year-old law student Hannah Chowdhry, presently enrolled at Aberdeen University, made the significant investment of purchasing a former council house in Torry, Aberdeen, back in June 2023.

However, just a few months thereafter, in November 2023, Aberdeen City Council issued a notification to her, highlighting a critical concern: the roof of her property was constructed with substandard concrete, posing an imminent risk of collapse.  Read more (here)

During a public assembly, the council announced that all current council tenants would undergo roof inspections, with homeowners being tasked with assessing the stability of RAAC within their own properties.

At both the initial gathering and a subsequent one, Aberdeen City Council emphasized that homeowners would not receive any assistance, thereby absolving themselves of accountability for the imprudent use of Reinforced Autoclaved Aerated Concrete (RAAC).

Despite this stance, Hannah Chowdhry and her father, Wilson Chowdhry, persist in their campaign, urging ACC to acknowledge responsibility for the disastrous decision to employ RAAC, a measure ostensibly aimed at cost reduction but which has left unsuspecting homeowners saddled with tens of thousands of pounds in financial burdens.

Please consider signing Hannah Chowdhry's petition, urging both the UK and Scottish governments to take action in supporting homeowners who have purchased ex-Council homes across the UK and are now facing the discovery that their properties are affected by RAAC. (Clickhere to sign)

After receiving a letter from Aberdeen City Council in November 2023, young law student Hannah Chowdhry was shocked to learn that her recently purchased home, bought from a former Council tenant, was at risk of a roof collapse due to the presence of Reinforced Autoclaved Aerated Concrete (RAAC).

This unsettling news arrived just three months after she had invested all her savings to move to Aberdeen, a city she hoped to call home for the foreseeable future.

Juggling her busy life, which involved working as a security officer to support herself while pursuing her studies, Hannah couldn't attend a public meeting held in December where Aberdeen City outlined plans to address the danger posed by the hazardous material and the support to be provided to homeowners.

Shortly after this meeting, Aberdeen City Council, through the letter, announced that council tenants would receive full support, while homeowners would be left to fend for themselves. They explicitly stated that absolutely no assistance would be extended to homeowners, despite their ongoing investigations into the state of RAAC in the council-owned properties.

To compound Hannah's frustration, the council provided a link to potential surveyors registered with The Royal Institute of Chartered Surveyors (RICS) who could conduct inspections without any anticipated costs. Realizing the daunting task of locating and commissioning an investigation into the stability of the RAAC on her roof, she turned to her father, Wilson Chowdhry, for assistance.

Mr. Chowdhry, equally distressed by the unfortunate news received by his daughter, promptly began contacting qualified surveyors using the internet portal on the RCIS website to locate those in the vicinity of Hannah's home. Within minutes, he realized the enormity of the predicament as call after call resulted in a recurring pattern: contractors either stated they did not provide RAAC inspections or that they exclusively handled larger projects, not individual homes.  Mr Chowdhry contacted Aberdeen City Council seven times to express this difficulty, hoping that they might consider developing a group-buy scheme that would allow an economy-of-scale discount. The council did not respond to emails or calls when messages were left.   Frustrated by the situation, Mr. Chowdhry and Hannah turned to local media for assistance.  Read STV article (here) or Scottish Housing News article (here)

An article featured in the Aberdeen press and Jornal (click here) not only highlighted the distressing challenge of finding a suitable surveyor but also questioned the Council's decision to withhold assistance to homeowners. In the article, Hannah emphasized that it was Aberdeen City Council's cost-saving decision that led to the construction of properties with inferior, cheaper materials, now posing potential health risks to residents. She described how their negligence had left homeowners, whom they had thrust these properties upon, unaware of the fact that the RAAC material in their roofs was a ticking time bomb, carrying serious financial costs.

 Hannah argued that Aberdeen City Council should take responsibility for a situation they had caused due to negligence, by failing to replace the roofs when the purported 30-year shelf life had expired, or when they discovered in 1996 that RAAC was dangerous and councils across the UK had ceased its use in civil authority building projects. She also questioned why details of the RAAC were not disclosed to council tenants who originally purchased these houses from the Council, especially since most of these sales occurred after 1996 when councils were aware of the concern.

After receiving no response to their concerns, Mr. Chowdhry contacted Aberdeen City Council by telephone and threatened to file a complaint on 2nd February 2024. This time, the council took the inquiry more seriously and called back, confirming the content of their conversation in a subsequent email.

The council acknowledged that they would not be held responsible for any costs associated with RAAC repairs to homeowners' properties. However, they informed Mr. Chowdhry that they had reached out to both the Scottish Government and UK Government for advice and support. They expressed hope that any assistance provided would enable them to cover the costs for their tenanted properties and, if feasible, extend aid to ex-council properties as well.

Furthermore, the officer explained that Fairhurst and Partners, the surveyors inspecting their tenanted properties, would be willing to inspect the homes of those who owned ex-council properties. Mr. Chowdhry was advised to hold off on conducting any inspections until the council had finalized the outcome of their clarification regarding the national government's role in minimizing the impact for those affected. On 2nd February 2024, the council officer working within the Housing Team, wrote:

"...I confirmed that ACC had been working with Fairhurst and Partners to carry out independent surveys on our housing stock and that they had now indicated to one of our Building Services team that they would be willing to carry out domestic surveys for this purpose.

I confirmed that we were continuing to carry out surveys to establish the presence and/or extent of RAAC in our properties and to understand the condition of the building material therein.  Of the surveys conducted to date RAAC has been found in the roofing panels, however we are continuing to work with our surveyors to understand the future implications, if any, of this being present.

You wished to understand if ACC would offer any package of support for individual home owners who found themselves in financial difficulties due to the presence of RAAC in their homes.  I explained that at this point in time we are working to formulate a plan around what may be required for both tenants and owners of these properties, by undertaking a full risk assessment and appraisal of options.  This will allow us to determine what, if any, work is required and related projected costs, and to identify what funding may be available both for ACC and any other affected parties.  Unfortunately, at this point in time, we cannot confirm ACC directly will be in a position to support private owners.  As you know, however, this is a situation which has impacted on many local authorities and therefore we are also seeking guidance from local and national government as to their role in minimising the impact for those affected..."

Of course, knowing that Aberdeen City Council were willing to at least explore sourcing funding to assist homeowners uplifted both Hannah and Mr. Chowdhry. However, when Mr. Chowdhry contacted Fairhurst and Partners for a quote, he was informed that the cost of an inspection, described as accessing the internal area of a roof, shining a torch, and searching for any damage or imperfections, would amount to approximately £500. Moreover, if any defects were found, the cost of a more comprehensive inspection, including a more intrusive investigation to increase accessible roof area, would amount to an additional £1500. This, of course, does not include later reinstatement costs. This meant that homeowners could potentially face costs totaling around £2000+, which could escalate to tens of thousands of pounds if the RAAC had deteriorated to a point necessitating immediate extensive roof repairs. While this news dampened Mr. Chowdhry's enthusiasm, he and Hannah remain hopeful, especially since the council officer Mr. Chowdhry had spoken to assured him that most inspected roofs were still stable.

Mr. Chowdhry, at this point, contacted all three local councilors on 6th February, and was pleasantly surprised by the prompt response from Cllr Michael Kusznir, who wrote:

"...The Council has held face-to-face meetings for affected tenants and homeowners to explain the support the Council can provide. Meetings are also ongoing between the Council and the Scottish administration about the larger scale support that may be required, depending on the outcome of the testing. I have asked the lead Officer about this. The financial reality is that I strongly doubt the Council would be able to fund any financial support package by itself. That would need national funding as we have seen with cladding. You will also appreciate that the Council is primarily legally responsible with looking after its public assets and is not funding works on private properties..."

"...I note your comments about the purported construction quality. RAAC would have been a standard construction method when it was utilised and therefore I doubt the Council would have any liability for defective construction. If the RAAC has been manufactured, installed, and maintained correctly then my understanding from the Council's Officers and other experts is that it should pose no risk greater than other construction methods. I note that RAAC is still be used in other countries..."

It became clear that if any funding was to be offered for homeowner properties, it would be dependent on national funding. Cllr Michael Kusznir also expressed his belief that the council had acted appropriately in their handling of procedures related to the use of RAAC in council house developments.

In response, Mr. Chowdhry sent a further email seeking clarification on whether, when the council properties were originally sold through the right-to-buy scheme, purchasers were adequately informed about the presence of RAAC within the structures and any associated concerns, including the limitations on lifespan. He explained that several accounts suggested that RAAC panels were accompanied by a warranty of a 30-year lifespan. Given this timeframe, one would reasonably expect that Aberdeen City Council's Housing Department was cognizant of the impending expiration of these panels. Mr. Chowdhry questioned why proactive measures were not taken to address this issue post-expiry. Additionally, he once again sought assistance with a collective procurement initiative.

Though no effort was made to answer these questions Mr Kusznir doubled down on the need for National funding if any consideration would be made for RAAC support for homeowners.  He further wrote:

"As I said, I do not consider that the Council can do anything more broadly presently until there is clarity on whether further funding will be forthcoming from the Scottish administration. Discussions are ongoing with the Scottish administration but that is not going to be a quick result."

On 8th February, Hannah Chowdhry sought help from a university lecturer teaching property law, he wrote:

"Regrettably, I am not currently a practicing solicitor and I cannot therefore offer you legal advice in that capacity. In very broad terms, I would say that if ACC knew the RAAC had exceeded its designed lifetime at the time they sold the property, that may constitute a latent defect.

 "...The other possibility is the law of negligence, depending on whether a sufficient nexus can be established for a duty of care". 

On the 19th of February 2024, Hannah requested a deputation to a Full Council Meeting to be held in March, hoping to get the council's view on any negligence or latent defect regarding the RAAC issue.  However, this request was declined on 20th February because the matter was not the subject of a report on the agenda, which was a necessary proviso.. Hannah then decided to contact her MSPs, all her local Councillors, and her UK Parliamentarian on 21st February 2024. Mr Kusznir responded promptly once more, providing her with an update on the ongoing efforts behind the scenes. He wrote:

"...I said that Aberdeen City Council, without financial assistance from the Scottish administration, are unlikely to be able to fund further support for private homeowners. The costs associated with funding further assistance are substantial. Given the financial pressures felt by Aberdeen City Council (we are looking at raising fees and charges and/or cutting services to have a balanced Budget again this year), I am unconvinced this support can be provided within our standard Budget without further financial assistance from central government. 

I have asked MSP colleagues to table Parliamentary Questions about the Scottish administration's position and also asked Council Officers for an update on their investigatory work and discussions with the Scottish administration."

The response was much the same as received by her father and provided a glimmer of hope, indicating that the matter was being taken seriously. However, it still seemed to suggest that Aberdeen City Council was not fully accepting responsibility for the use of substandard building materials in their constructions and was relying on funding from the Scottish Government.

MSP for North East Scotland, Douglas Lumsden wrote:

"Your councillor Michael Kusznir has raised this issue on your behalf with me and Liam Kerr MSP.
You should know that Liam plans to raise the issue to the Scottish Parliament. This is a matter for the Scottish government, and we will seek support for Aberdeen City Council to carry out its RAAC replacement works.

Cllr Simon Watson queried what the 30-year warranty for the RAAC had stated, which Hannah could not provide, and asked what her insurance company had said regarding compensation. Hannah explained that she did not have copies of that warranty but that it was mentioned in several established media articles. She also explained that every homeowner who had sought clarity from their insurance companies had been informed that RAAC claims would not be supported. He had said he would look into how he could help. Hannah is still awaiting a further response.

MP for Aberdeen South, Stephen Flynn, responded on 22nd February, reassuring Hannah that the matter was being examined by all tiers of government. He wrote:

"I am sorry to read of the situation that you and other homeowners are experiencing due to the presence of Reinforced Autoclaved Aerated Concrete (RAAC) in your homes. I certainly appreciate your concerns and hope to be of assistance in that regard.

This is a matter that the Scottish Government takes very seriously, and both the government and its public sector partners are currently taking urgent action to address the risk that RAAC poses where found to be present in buildings."

Mr. Flynn offered to seek guidance from appropriate persons, stating:

"In that regard, I would be more than happy to write to the Scottish Government’s Cabinet Secretary for Social Justice, Shirley-Anne Somerville MSP, with your specific case and to ask that guidance is provided to assist at this time.

Furthermore, I would be more than happy to write to the Chief Executive of Aberdeen City Council, Angela Scott, to ask for her direct attention on the concerns raised in your correspondence, and outline the council’s position on previously owned properties."

He asked Hannah to seek further help from a solicitor or Citizens Advice Bureau, and she agreed to approach them, which she will do next week. She awaits an update from Mr Flynn.

MSP for North East Scotland, Liam Kerr, also responded on February 22nd. He explained that this was primarily a matter for Aberdeen City Council, a fact agreed upon by both Hannah and Mr. Chowdhry. Additionally, he shared that he had submitted several Parliamentary Questions in Holyrood in response to Hannah's email, aiming to ascertain the Scottish Government's stance on the issue. He stated, "I will inform you of the response once received and provide details of its content."

This email was well-received, and Hannah is eagerly anticipating a response to those parliamentary questions.

On 28th February, Mr. Chowdhry called Aberdeen City Council seeking details of any appropriate meeting where Hannah could request a deputation. He received a callback confirming that Hannah could make a request to an Urgent Business Committee for 29th February 2024. The request was submitted, however, at 9:30 am the following morning (29th Feb), Hannah was asked if she would be willing to withdraw it. Instead, she was requested to prepare her deputation for the upcoming meeting of the Communities, Housing, and Public Protection Committee on 28th March 2024. Hannah has agreed to this arrangement, as it will allow her to better understand the council's intentions and align her deputation accordingly. She intends to do so after reviewing the notes for the RAAC agenda item.

Wilson and Hannah will also be organizing a protest outside Aberdeen City Council, at Marischal College, Aberdeen AB10 1AB, on 28th March 2024, starting from 9 AM.

In the meantime, Mr. Chowdhry has also sent a request for an investigation into the RAAC dilemma to the Scottish Housing Regulator and will be writing to the Scottish Public Services Ombudsman as well.

Please consider signing Hannah Chowdhry's petition, urging both the UK and Scottish governments to take action in supporting homeowners who have purchased ex-Council homes across the UK and are now facing the discovery that their properties are affected by RAAC. (Click here to sign)

A copy of hannah's proposed deputation can be read below:

Ladies and gentlemen of  Aberdeen City Council,

I stand before you today not just as a law student at Aberdeen University but as a young homeowner, a citizen of this city, and someone deeply concerned about the welfare and safety of our community. My name is Hannah Chowdhry, and I'm here to shed light on a pressing issue that affects not just me, but countless other homeowners in Aberdeen and beyond.

In June 2023, I made what I believed to be a significant investment – purchasing a former council house in Torry, Aberdeen. Little did I know that just a few months later, in November 2023, I would receive a letter from Aberdeen City Council, informing me of a critical concern: the roof of my property was constructed with substandard concrete, posing an imminent risk of collapse due to Reinforced Autoclaved Aerated Concrete (RAAC).

The council's response to this crisis has been disappointing, to say the least. While they have taken steps to inspect council-owned properties, they have absolved themselves of any responsibility towards homeowners like myself, leaving us to fend for ourselves in a situation that was caused by their negligence. They have refused to provide any financial assistance or support, despite being aware of the dangers posed by RAAC since 1996.

My father, Wilson Chowdhry, and I have tirelessly sought solutions, reaching out to the council multiple times for assistance, only to be met with silence or vague promises of potential support pending discussions with the Scottish government. The burden placed on homeowners to foot the bill for inspections and potential repairs is unjust and unsustainable, particularly for young individuals like me who have invested their savings into their homes.

We have explored every avenue available to us, from contacting local media to seeking legal advice, yet the roadblocks remain. Even our request for a deputation to this esteemed council at a full council meeting was denied on the grounds of procedural technicalities.

But despite the setbacks, we refuse to remain silent. We refuse to accept that homeowners like myself should bear the brunt of the consequences of the council's past mistakes. We demand accountability, transparency, and, most importantly, action.

I urge each and every one of you to deeply consider the human toll of this issue. Behind every statistic and every budgetary constraint lies a family, a home, and a future hanging in the balance. We simply cannot allow bureaucratic red tape and political wrangling to hinder us from taking decisive action and doing what is morally right. This urgency is compounded by the looming threat of roof collapses, reminiscent of the tragic incidents at Halls of Residence. Lives are at stake, and struggling families are already grappling to make ends meet, let alone bear the burden of tens of thousands in expenses to ensure their safety.

Therefore, I call upon the Aberdeen City Council to:

1.     Acknowledge their responsibility for the use of substandard building materials in council properties and the subsequent risks posed to homeowners due to the failure to address the situation upon the expiration of the 30-year lifespan of RAAC panels.

2.     Provide immediate financial assistance and support to homeowners affected by RAAC, including funding for inspections and potential repairs.

3.     Work collaboratively with the Scottish government to secure the necessary funding and resources to address this crisis effectively.

4.     Conduct a thorough investigation into the circumstances surrounding the use of RAAC in council properties and the failure to disclose pertinent information to homeowners.

5.     Implement proactive measures to ensure the safety and well-being of all residents, both current and future, by prioritizing the replacement of RAAC in affected properties.

In closing, I urge you to remember that behind every policy decision and every budgetary allocation, there are real people whose lives are profoundly impacted. If you turn a blind eye to their struggles or shirk your responsibilities as elected officials, then how can you be entrusted with the welfare of our community.

Thank you for your time and consideration. I hope that what you take from my address today is the need to ensure that every homeowner in Aberdeen can feel safe and secure in their own homes, free from the looming threat of RAAC.