Adrian Mansbridge and Annie Davies from Addleshaw Goddard provide an overview of the key legal developments since the Grenfell fire in June 2017, focusing on building and fire safety.
The Grenfell Tower fire during the early hours as the block was ablaze
In the early hours of 14 June 2017, the tragic Grenfell Tower fire unfolded in West London, claiming 72 lives and leaving over 70 injured. This devastating incident not only displaced numerous residents but also initiated a national debate on building safety and fire regulation. The subsequent Grenfell Tower Inquiry has scrutinised the events leading up to the fire, with a particular focus on the building’s refurbishment and fire safety measures.
Following this, England has seen a significant overhaul of building and fire safety regulations. The introduction of the Fire Safety Act 2021 and Building Safety Act 2022 both underscore a national commitment to ensuring the safety of high-rise and residential buildings. This article delves into the key legislative and regulatory developments post-Grenfell.
Commissioned by the UK government, Dame Judith Hackitt’s “Building a Safer Future: Independent Review of Building Regulations and Fire Safety” report, published in May 2018, was a critical response to the Grenfell Tower fire.
The report concluded that the existing system was unfit for purpose, advocating for a culture change and the development of regulations that were both simpler and reflective of the complexities of building work. Notably, it suggested stringent roles and responsibilities for ‘duty-holders’ during both construction and occupation, aiming for a heightened focus on building safety.
Following Grenfell, the government issued a series of advice notes to building owners, particularly concerning residential buildings with aluminium composite material (ACM) cladding. These notes, consolidated into a single document, emphasised the need for building owners to assess and assure the fire safety of ACM and other cladding systems.
The Building (Amendment) Regulations 2018, introduced on 21 December 2018, marked a significant step by banning the use of materials that do not meet the European Classification A1 or A2-s1 in the external walls of relevant buildings (essentially banning the use of flammable materials).
The Consolidated Advice Note and all subsequent documents (including the supplementary note to building safety advice for building owners) have now been withdrawn.
The Grenfell Tower Inquiry Phase 1 Report, published on 30 October 2019, made extensive recommendations to enhance fire safety in high-rise residential buildings (HRBs). These recommendations spanned various areas, including the availability of building materials information to fire services, regular inspection of fire doors, and the provision of fire safety information to residents.
In December 2019, the External Wall System (EWS) process, facilitated by the EWS1 Form, was introduced by the Royal Institution for Chartered Surveyors. This initiative was designed to assess the fire safety of external wall systems in residential buildings over 18m tall, later expanded to include buildings of any height following government advice in January 2020. This process is heavily relied on by lenders and insurers to gauge risk.
This has since been complemented by the introduction of PAS 9980:2022 which creates a clear methodology for assessing fire safety risks associated with walls and cladding aligned to fire safety law, aligning the commercial and regulatory position.
The Building Safety Act 2022 received royal assent on 28 April 2022. The Act introduced a comprehensive regulatory regime focusing on structural and fire safety risks associated with buildings. It increased accountability for building owners and empowered residents by involving them in the safety process. The Act also established a new Building Safety Regulator within the Health and Safety Executive, tasked with overseeing the safety and standards of all buildings, with a particular focus on higher-risk buildings.
Specific regulations were introduced as a result of the Act, for buildings considered higher-risk, generally those that are at 18 metres or more in height or have 7 or more storeys and contain at least 2 residential units. These buildings are subject to more stringent safety requirements for both construction and occupation, including a requirement to register. The Act also amends the Fire Safety Order 2005, extending its scope to cover the structure and external walls of the building, including cladding, balconies, and windows, as well as entrance doors to individual flats that open into common parts.
The government have enacted various legal changes since Grenfell with the aim of fortifying the legal framework governing building safety, ensuring a more secure environment for residents.
Some examples of significant regulatory changes include:
The Fire Safety Act 2021 clarified that the duties under the Regulatory Reform (Fire Safety) Order 2005 to undertake fire risk assessments included the structure and external walls, cladding, balconies, and windows, as well as the entrance doors to individual flats that open into common areas.
The Fire Safety (England) Regulations 2022. These regulations were laid under article 24 of the Regulatory Reform (Fire Safety) Order 2005 and came into force on 23 January 2023. These impose requirements on responsible persons or others, including building owners and building managers, in relation to mitigating the risk to residents for residential premises of various heights, with additional duties at 11m and 18m.
On 6 March 2023, the classification of hospitals and care homes as higher-risk buildings under the Higher-Risk Buildings Regulations 2023 indicated a significant expansion of the scope of buildings subject to stringent safety regulations for the purposes of construction.
The Building Safety Act 2022 (Commencement No.5 and Transitional Provisions) Regulations 2023 came into force on 11 September 2023 and among other obligations, introduced the duty for Principal Accountable Persons for Higher-Risk Buildings to register their buildings from 1 October 2023, implementing a key aspect of the Building Safety Act.
On 16 January 2024, The Higher-Risk Buildings (Management of Safety Risks etc) (England) Regulations 2023 came into force. This implemented the key requirements for the occupational safety regime, namely safety case reports, mandatory occurrence reporting, resident engagement and complaint procedures.
The implementation of requirements to retain and maintain ‘golden thread information’ under the Higher-Risk Buildings (Keeping and Provision of Information etc) (England) Regulations 2024 also came into force on 16 January 2024. This represented a critical step towards maintaining and sharing essential safety information, enhancing transparency and accountability in building safety management.
The Grenfell Tower Inquiry’s Phase 2 report were published on 4 September 2024. This phase scrutinized the decisions leading to the installation of combustible cladding on Grenfell Tower, offering insights into the broader context of such decisions. It is unclear at this early stage what legislative changes will follow in the wake of its recommendations.
Concise yet comprehensive – great article!