January saw rapid developments in the post-Grenfell safety regime, in response to both Dame Judith Hackitt's review of fire safety regulation and the Public Inquiry Phase 1 report. On the back of December's election, Housing Secretary, Robert Jenrick, announced a number of new measures that clarify the current position in relation to high-rise residential buildings and signpost the road ahead.
New legislation
Most significantly, we can expect two new pieces of legislation in the coming months (the Government says that the exact timing will be confirmed in "due course"). The upcoming Fire Safety Bill will respond to the Public Inquiry Phase 1 report by clarifying the Regulatory Reform (Fire Safety) Order 2005. It will require multi-occupied, residential building owners – irrespective of the height of the building – to fully consider and mitigate the risks of any external wall systems and front doors to individual flats.
The Building Safety Bill responds to the Hackitt review of Building Regulations and fire safety, and will implement all of the recommendations made in that review in respect of high-rise residential buildings. The Government's stated purpose is to "put in place new and enhanced regulatory regimes for building safety and construction products, and ensure residents have a stronger voice in the system". The driving principle behind this legislation is to change industry culture through clearer rules and greater accountability. The Bill will largely follow the Government's consultation of last summer: Building a Safer Future (June 2019).
New Building Safety Regulator
Jenrick also announced the immediate setting up of the new building safety regulator. Until it is legislated for, the regulator will be set up and will begin work in "shadow" form.
Previously, it had been suggested that the building safety regulator would be overseen jointly by the Health and Safety Executive (the HSE) and local authority building control with fire and rescue services. Jenrick has confirmed that the plan is now for the regulator to be run entirely by the HSE. Former HSE chair, and author of the Hackitt review, Judith Hackitt, has been asked to chair a board overseeing the set-up, transition and running of the regulator.
The regulator functions will be very wide, and will include oversight of building safety and the wider building regulatory system across England. The regulator will also be responsible for compliance with the new legislation and for making sure that those responsible for buildings have the right skills and knowledge.
Government Advice Notes
The Government-appointed Independent Expert Advisory Panel (IEAP) has provided 22 advice notes on the steps building owners should take to address various safety risks. Some of these notes were causing confusion and uncertainty and consequently the Government has simplified and clarified the advice so that there is now one consolidated document.
Sprinklers and other measures for new build flats
The Government consultation has now closed and Jenrick has indicated that he is "minded to lower the height threshold for sprinkler requirements in new buildings from 18 metres to 11 metres". More information on these proposals can be expected this month.
Next steps
Clarity in relation to the IEAP advice notes is very welcome. In terms of the proposed legislation, those in the construction sector should familiarise themselves with the proposals as they could soon become law.
The Building a Safer Future consultation document is a good place to start. It is clear from that document that, during the design and build stages, key players (client, principal designer, principal contractor, designer and contractor) will have significant new duties and much greater accountability in relation to building safety. For example, a key requirement, and one that was reinforced by Sir Martin Moore-Bick, in the Public Inquiry Phase 1 report, will be maintenance of comprehensive records – a "golden thread" – in digital format. There is no reason why parties should not already be considering the adequacy of their information and the way in which it is stored.
