Proposed new measures to improve building safety

In Brief

In response to the Phase 1 Grenfell Inquiry report, the government has announced a package of reforms.

• Consultation until 13 April 2020 on proposals to extend ban on combustible materials
• Call for evidence by 17 February 2020 on fire safety risk in buildings
• Consolidated guidance for building owners published, superseding previous Advice Notes
• New Building Safety Regulator within HSE proposed
• Plan to “name and shame” building owners who haven’t carried out remedial works
• Building owners expected to take steps now to ensure fire safety

Overview of proposed fire safety changes

In its response to the Phase 1 Grenfell enquiry report, and in a series of announcements, the government has made clear that it will not tolerate the slow pace of improvements to building standards. It proposes a package of measures to speed matters up. Those who own buildings with external cladding should take note. As well as taking steps to ensure compliance with existing requirements, there is a clear expectation that building owners will immediately assess fire risks and take steps to improve safety ahead of proposed further legislative changes.

To focus the minds of those who have not yet started remedial works in line with the existing ban, from next month the government proposes to name and shame buildings owners who have not started remediation work to remove ACM cladding.

Proposals have also been made to extend the ban on the use of combustible materials which could impact many more building owners. New advice for building owners has also been published, consolidating and superseding the guidance that has come before. This makes clear that building owners should be following this advice and making appropriate changes immediately.

As well as reviewing issues with external wall systems, the government is working with industry bodies and building owners to ensure that all fire doors meet minimum standards; it recommends that building owners or landlords carry out urgent checks. The technical review of Approved Document B includes sprinklers and emergency signage.

Going forward, a Building Safety Regulator, as part of the HSE, will oversee the design, construction and occupation of high-risk buildings. The Fire Safety Bill, which was announced in the Queen’s speech on 19 December 2019, will clarify existing legislation to make clear that building owners or managers of multi occupied buildings are required to consider fire safety. The Bill will apparently give Fire and Rescue Services certain enforcement powers, and will require building owners to inspect their buildings and to share information with Fire and Rescue. A consultation is planned for spring 2020 on this, but the government recommends that those responsible for multi-occupied residential buildings take steps now to anticipate the legislation and to assess the risk, then doing any necessary remediation.

Proposed extension of the ban on combustible materials

Views are sought by 13 April 2020 on proposed changes to the Building Regulations to extend the ban on the use of combustible materials in and on external walls of buildings.

Alongside this consultation, the government has published a call for evidence on fire safety risk in buildings. Views are sought by 17 February 2020.

The results of both the consultation and the call for evidence will inform changes to, for example, proposed changes to the height threshold of the ban (on which further consultation is anticipated).

The proposals are to extend the ban to include:

• a total ban on the use of metal composite materials with a polythene core on external walls and in specified attachments:
• hotels, hostels and boarding houses;
• buildings with a storey at least 11m above ground level (subject to research);
• attachments like “solar shading products” (including blinds and shutters)

Views are also sought on the requirements for components such as cavity trays, laminated glass and roof components, where either the availability of compliant non-combustible products is limited, or where more evidence is needed on the role of those components in fire safety.

Revised guidance for building owners

A revised version of the guidance for multi-storey, multi-occupied residential buildings has been published (Building safety advice for building owners) consolidating, superseding and clarifying the advice given in previous notes 1-22 (including the advice on ACM cladding in Advice Note 14).

The guidance acknowledges that some building owners have been waiting for further guidance before taking action to remediate but expresses concerns over the lack of haste. The Expert Panel also expresses concern over the ability of the construction and property industries to manage the risks when designing and constructing buildings and in respect of existing buildings.

The advice note makes clear that building owners should be following the steps in the advice immediately, and not await further advice or information to act. The need to assess and manage the risk of external fire spread applies to buildings of any height; Requirement B4 of Schedule 1 to the Building Regulations is clear on that. Building owners should not await further changes to the regulations, and should actively ensure the safety of residents now – their safety should always be an “urgent concern”.

In summary:

• ACM (and other metal composite) cladding with unmodified polyethene filler (cat 3 in screening tests) is a fire hazard on buildings of any height and should be removed as soon as possible;
• ACM (and other metal composite) cladding with fire retardant polyethene filler (cat 2 in screening tests) when used with rigid polymeric foam is a fire hazard over 18m or buildings at any height where residents need help to evacuate and should be removed as soon as possible
• Certain HPL systems will not meet the functional requirements of the Building Regulations and should be remediated
• All building owners of residential buildings which are 18m or more to the height of the top occupied storey, and of buildings of any height where residents need help to evacuate, should check their external wall systems
• The risk of external fire spread should be considered for all residential buildings, irrespective of height and should include materials, building height, vulnerability of residents, escape routes and the complexity of the building.
• Advice in relation to fire doors, spandrel panels, balconies, external wall insulation and smoke control systems has also been updated.

Please contact Emily Monastiriotis or the contacts listed with any queries about fire safety issues.