Following extensive deliberation and recommendations from officials and professionals across the built environment and fire safety sector, the Department for Levelling Up, Housing, and Communities (DLUHC) has launched a new consultation that seeks to amend certain aspects of Approved Document B (ADB) of the Building Regulations.
The consultation, published on 23 December 2022, takes into consideration concerns that were flagged by the sector following a call for evidence in December 2018. Following its promised technical review of ADB, the government has proposed the following:
- Recommending sprinklers are fitted in new care homes, regardless of building height.
- Removing the national classification system for construction products (BS 476 series) – including Class 0 – and requiring all relevant construction products to be tested to the British Standard version of the European Standard.
- Introducing a threshold whereby residential buildings above 30 metres in height should be designed and built with two staircases.
The ADB sets out statutory guidance on meeting certain requirements of the Building Regulations, relating to England only.
In addition to the above recommendations, the consultation also calls for evidence on revisions to paragraphs 10.6 and 10.7 of ADB, which cover materials and products used in the construction of external walls.
Second staircases in buildings over 30 metres
England is one of the few countries where a second staircase in high-rise residential buildings is not mandatory. In December 2022, the National Fire Chiefs Council (NFCC) released a statement calling for the government to make it a requirement to have more than one staircase in high-rise residential buildings over 18 metres or seven storeys tall. The NFCC noted that in the event of a fire, both residents and emergency responders are forced to share the same stairwell, whereas a second staircase would allow an alternative means of escape for residents.
The consultation emphasises the growing concerns that have arisen during the design and planning stages of some tall residential buildings, which only include a single staircase, where the level of safety and the necessary resilience that a second staircase could provide is not taken into consideration. However, the proposal only impacts new buildings that are over 30 metres in height, which Inside Housing notes is “roughly equivalent to 10 storeys”.
Commenting on the change, Managing Director of the FPA, Jonathan O’Neill says: “Whilst we welcome the proposal to abolish the regulations which allowed for the provision on single staircases in residential buildings over 30 metres, this change is as ever, too little, too late.
“Changes to these outdated regulations were recommended by the majority of fire professionals long before the tragedy of Grenfell. Many are, therefore, asking why it has taken the government over five years to adopt this simple change and having taken so long to decide, why have they opted for 30 metres rather than 18, which would bring us into line with Scotland and much of the rest of the world, and is the recommendation of most including the FPA and NFCC.”
Director of Operations and Principal Consultant of the FPA, Howard Passey, said: “One of the primary tenets of building design is that in the event of a fire, occupants should be able to turn their back on a fire and make their way to a place of safety without impediment which alternative staircases would provide.
"However, the provision of single staircase conditions even in high-rise premises has been a common approach taken for many years and for varied reasons – albeit commonly with the requirement for additional safety features, predominantly, ventilated lobbies. However, in two of the most significant recent fires in high-rise residential properties in the UK, Lakanal House and Grenfell Tower, the provision of a single staircase has proven not to offer the safeguards necessary to protect occupants. There will, of course, be many residential buildings designed around a single staircase where, in the event of fire, safety features and arrangements have worked to ensure the safe evacuation of occupants. However, it is clear that where all features of a holistic fire strategy do not perform as designed in the event of fire that occupant safety cannot be assured.
“It is also interesting to note the public letter written to building control bodies and approved inspectors by DLUHC in August 2022 in relation to single stair provisions in very tall residential buildings highlighting issues raised by the Building Regulations Advisory Committee (BRAC) which ‘expressed concerns that some design proposals appear to be based on a misunderstanding of the applicability, and selective reading, of the Approved Documents’.
“I suppose there are two options here – either revise the Approved Document so that they cannot be misinterpreted or elements read selectively or, require the provision of a second protected staircase. The safer option appears evident to me, and I hope that responses to the consultation support the mandating of second staircases in high-rise premises. Although as with other risk-related factors should the height of the building be the defining factor?”
Sprinklers in new care homes
Separate from high-rise buildings, the consultation also looks at fire safety in care homes, adding that there is much evidence to show that the “provision of sprinklers have multiple benefits in care homes, notably to residents and staff wellbeing.”
In line with this, the consultation proposes the installation of sprinklers as they work efficiently in controlling fire size and reducing damage. This minimises the risk of residents needing to be rehoused, “possibly away from their local area, which can be distressing to the people living there and to their families”.
In response to the government recommendation, the Commercial Director of the FPA, Chris Miles, notes the obvious benefit of having sprinklers within new care homes, adding that it is a step in the right direction for increased fire safety.
However, he reiterates that “the proposal (to include sprinklers in only new care homes) is missing the need to address the thousands of existing care homes, which is where the bigger need already exists. Taking this approach, it will take multiple years for the existing stock of care homes to be brought into line with the higher level of fire safety, if ever.”
“Furthermore, it is hoped that the installation of any sprinkler system is conducted by competent installers who are able to demonstrate their ability via certification to an accredited third-party scheme.”
Removal of national classes
Perhaps one of the key, and potentially most contentious elements of the new consultation is the removal of the national classification system for construction products. This refers to the British Standard 476 series, which would be replaced with Euroclass fire standards. As it stands, much of the guidance in ADB “is given in terms of performance classifications in relation to British Standards or British versions of European Standards”.
The use of the national or British standards for reaction to fire and fire resistance came under considerable scrutiny during the Grenfell Tower Inquiry (particularly the BS 476 series) and was deemed to have “potential flaws”. More on the ‘Class 0 Conundrum’ can be found here.
The consultation thus seeks to utilise the more “robust internationally recognised approach”. As the consultation details: “During the early years, running the dual system enabled a transition to take place, and be replaced by the more robust and up-to-date international standard, but the transition was never finalised. On the expectation that the national classification system would be withdrawn, the BS 476 series standards have not been reviewed by the British Standards Institution in detail for some time (over 20 years on average).”
Technical Consultant for the FPA, Ian Abley, notes that this government proposal poses serious technical, commercial, and political consequences:
“The National BS 476 series of fire tests has co-existed with the European BS EN 13501 series for two decades. Transition involves fifteen standards as BS 476 Parts 3, 4, 6, 7, 11, 12, 13, 20, 21, 22, 23, 24, 31.1, 32, and 33. Their applicability is in BS 476-10 Guide to the principles, selection, role and application of fire testing and their outputs. Transition is more significant than ending the discredited transposition of “Class 0” through BS 476 Parts 6 and 7 to Class B in BS EN 13501 Part 1, disclosed in 2022 by the Grenfell Tower Inquiry.”
Undoubtedly, each of these recommendations highlights the ongoing changes being done by the government and industry professionals to successfully implement the lessons learned from the Grenfell Tower fire in 2017. It also indicates that further work is still needed in securing fire safety measures across residential buildings in England.
How to take part
Running for 12 weeks, the consultation will end on 17 March 2023. Individuals and organisations are encouraged to respond by completing an online survey, which can be found here.
More information on how to respond to the consultation can be found here.