Building developers facing planning changes on high-rises over 18 metres in height will be given a “grace period” of 30 months, Secretary of State of the Department of Levelling Up, Housing, and Communities, Michael Gove, has announced.
In a written statement dated 24 October 2023, Gove confirmed that developers would have a 30-month transitional period before the requirement for a second staircase comes into effect. This two-and-a-half-year period would begin once the changes to Approved Document B (ADB) had been confirmed and published by the government. Following this date, house builders will have the option to continue building regulations applications according to the guidance “as it exists today” or adapt it to meet the updated rules.
As Construction News notes, this means that the new regulations calling for a second staircase will not be enforced until 2026 at the very earliest.
In his statement, Gove said: “I can now announce the intended transitional arrangements that will accompany this change to Approved Document B.
“From the date when we publish and confirm those changes to Approved Document B formally, developers will have 30 months during which new building regulations applications can conform to either the guidance as it exists today, or to the updated guidance requiring second staircases.
“When those 30 months have elapsed, all applications will need to conform to the new guidance.”
Additionally, those planning applications that have not accommodated the second staircase requirement will have 18 months in which to be built: “Any approved applications that do not follow the new guidance will have 18 months for construction to get underway in earnest. If it does not, they will have to submit a new building regulations application, following the new guidance,” Gove stated.
Gove also reiterated the threshold for this requirement: “Sufficient progress, for this purpose, will match the definition set out in the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 and will therefore be when the pouring of concrete for either the permanent placement of trench, pad, or raft foundations, or for the permanent placement of piling has started.”
The Secretary of State added that this would mean that we would continue to see new buildings of 18 metres and more in height with single staircases for “some years yet”.
“With these transitional arrangements, we ensure that projects that already have planning permission with a single staircase, the safety of which will have been considered as part of that application, can continue without further delay if they choose.
“I want to be absolutely clear that existing and upcoming single-staircase buildings are not inherently unsafe,” Gove added.
“They will not later need to have a second staircase added, when built in accordance with relevant standards, well-maintained, and properly managed. I expect lenders, managing agents, insurers, and others to behave accordingly, and not to impose onerous additional requirements, hurdles, or criteria on single-staircase buildings in lending, pricing, management, or any other respect.”
Calls for clear guidance on the second staircase requirement have been circulating in the industry for some time. Initially a requirement for high-rise residential buildings of 30 metres or more, in July, Gove announced that the height limit had been reduced to 18 metres, following expert advice.
“In July, I confirmed that I intend to introduce new guidance requiring second staircases in new residential buildings in England above 18 metres.
“This not only reflects the views of experts including the National Fire Chiefs Council and Royal Institute of British Architects, but also brings us into line with countries – including Hong Kong and the UAE [United Arab Emirates] – in having a reasonable threshold for requiring second staircases,” Gove added.
As previously reported by the FPA, several industry bodies later questioned the government ruling for second staircases, highlighting the “unintended consequences” they could bring to the already struggling housing sector. In fact, in September of this year, London Mayor Sadiq Khan called out the government for its “chaotic approach to fire safety rules” and its impact on the construction of thousands of new homes in London.
In this latest announcement, Gove said that the Building Safety Regulator was in the process of agreeing on the “design details” for second staircases in the ADB, with a further announcement to come soon.
As reported by Construction News, the updated timeframe was welcomed by the Home Builders Federation (HBF), whose members account for almost 80% of new homes in England and Wales. A spokesperson for HBF said:
“We welcome today’s announcement of the transitional arrangements for secondary staircases and government’s reinforcement of the safety of existing standards. New buildings are already built to extremely high safety standards and the industry is committed to working with government to maintain this progress.”