The UK Government has issued its full Response to the Grenfell Inquiry Phase 2 report, along with a press summary. Given the breadth of the Inquiry’s Phase 2 report, the Response is also wide-ranging and should be consulted for full detail; but we summarise below some elements that may be of greater interest to developers and contractors / supply chain participants etc.
An update on the Remediation Acceleration Plan:
- As a reminder, the Government’s Remediation Acceleration Plan was announced in December 2024, and sets out various proposed approaches to tackle the remediation of remaining unsafe residential buildings 11m+.
- The Response confirms that the Government intends to deliver the legislative changes proposed under the Remediation Acceleration Plan as soon as Parliamentary time allows, noting “this legislation will create certainty on which buildings need remediating and who is responsible for remediating them; and make obligations for assessing, completing and regulating remediation clearer, with severe consequences for non-compliance. It will give residents greater control in situations of acute harm where landlords have neglected their responsibilities.”
- The Government will publish an update on the plans to increase the pace of remediation in summer 2025, assessing progress and outlining next steps.
Reviewing definition of higher risk building: the Government is going to review the definition of “higher-risk” building, with plans for this review to be set out in Summer 2025.
Reviewing statutory guidance: in December 2024 the Government announced a review of the Approved Documents. Alongside that review, the Building Safety Regulator (BSR) will put ADB under continuous review. The BSR will issue a consultation process on further ADB changes in Autumn 2025.
Further construction products reform: A Green Paper has been issued setting out proposals for system wide reform of the construction products sector. The reforms will include seeking to ensure that manufacturers, distributors etc have clearer accountability.
Improving social housing and private rental sector safety standards:
- New requirements will be put in place requiring social sector landlords to investigate and repair serious hazards within specific time frames (Awaab’s law).
- In the private sector, a consultation has been launched in relation to energy efficiency requirements; and action will be taken to improve standards for privately rented homes through the Renters’ Rights bill, which will provide a “Decent Homes Standard” for the private rented sector and will give local authorities further enforcement powers; and will also extend Awaab’s law to the private sector.
Building control:
An independent panel is to be established to consider conflicts and commercial interests in building control and whether there should be a change in building control delivery for all works (e.g. a national model of delivery for all building control decisions). Proposals will be made by October 2025.
- An increase in capacity in the building control profession will be supported by further Government funding for recruitment and training.
Fire engineering:
- A panel of experts and academics will be appointed to assess how to deliver a robust training and education framework and to regulate fire engineering professionals – a plan for delivery will be issued in Autumn 2025.
- Further guidance will be issued by the BSR in March 2025 in relation to expectations and requirements for fire strategies to be submitted as part of the higher-risk building control process.
Fire risk assessors:
- Mandatory competence requirements for fire risk assessors will be introduced, with independent verification from UKAS-accredited certification bodies and oversight by a regulator. Certification bodies will be required to use standards currently being developed by the BSI in order to assess competence of assessors.
Principal contractors:
- The Government accepts the Phase 2 report’s recommendation that there should be a licensing scheme for principal contractors who wish to work on higher-risk buildings. The Government is going to work with the sector to consider the operation of such a scheme and timescales for its introduction.
- The Phase 2 report had also recommended that it should be a legal requirement that any “Gateway 2” building control application is supported by a personal undertaking from a director or senior manager of the principal contractor to take all reasonable care to ensure that upon completion, the building is as safe as is required by the Building Regulations. (The Inquiry felt that it should be the responsibility of the principal contractor, as the entity responsible for employing others, purchasing and utilising materials, to ensure that those working on a project have the right skills, knowledge and behaviours, and to ensure that the right materials are used).
- the Government has not expressly adopted this recommendation, but in response has instead noted that the Dutyholder Regulations that have already been introduced in Part 2A of the Building Regulations 2010 go “some way” to achieving the outcome that the Inquiry had proposed. The Response indicates that the Government will be reviewing the impact of the Dutyholder regime in relation to HRBs from October 2025, and will publish its findings by Autumn 2026. This review will include working with the sector to determine how the Government can “go further”, including by way of introducing a licensing scheme where a licence may be granted in alignment with Dutyholder requirements, and which can be withdrawn if the Dutyholder fails to achieve compliance with regulations.
Principal designers:
- Subject to consultation, the Government proposes that principal designers, at least for higher-risk buildings (although this is not entirely clear), should be required to sign a declaration that they have complied with their duties, including in relation to taking all reasonable steps to ensure designs comply with building regulations, which is to be submitted at the building control approval stage. (At present, such “compliance” declarations from principal designers only need to be provided with the application for a completion certificate).
Accountability and enforcement:
- The Government intends to publish a Regulatory Reform Prospectus in Autumn 2025 to set out their plans in relation to the creation of a single regulator for construction – the intention is to bring forward primary legislation on this front when parliamentary timing allows;
- The Government also accepts the Inquiry’s recommendation to create a Chief Construction Adviser role to advise the Secretary of State and assist in the consultation processes with industry in relation to the proposed single regulator model.
- The Government also intends to consult on proposals to strengthen the investigation of serious building safety incidents; this will take into account new arrangements which are apparently being introduced by the Building Safety Regulator in relation to voluntary occurrence reporting.
Timing of reforms:
- Government will use a phased approach over the course of the present Parliament, with quarterly updates to be published online, and with statements made to Parliament as appropriate.
- “Phase 1” (2025 to 2026) will include:
- Bringing forward legislation to implement proposals in the Remediation Acceleration Plan, particularly in relation to fixing remaining existing buildings with unsafe cladding .
- Consultation on the Construction Products Green Paper, relating to proposed extensive reforms to the construction products sector.
- The conclusion of, and publication of findings in relation to, multiple proposed or ongoing reviews in relation to (i) the building control regime (ii) the Approved Documents suite of guidance. All proposed changes will have further consultation.
- Publication of plans for the on-going review of the definition of “higher-risk building” in Summer 2025.
- A consultation process for the formation of the single construction regulator etc.
- Phase 2 (2026 to 2028) will include:
- Legislation to reform the construction products sector, to create the single construction regulator etc.
- Legislation etc in relation to proposals relating to fire risk assessors, fire engineers and principal contractors etc as recommended by the Inquiry.
- Further/ongoing review of matters such as definition of “higher-risk building” and Approved Documents such as ADB.
- New regulatory standards for decency and energy efficiency standards expanding to the private sector as well as for social housing.
- Phase 3 (2028 onwards) will include implementation of the reforms once the legislative requirements are in place etc.
