Government announces key changes to fire safety legislation

The Ministry of Housing, Communities, and Local Government (MHCLG) has issued a new parliamentary statement that will see changes to fire safety and evacuation provisions, including updates to Approved Document B (ADB)

On 2 September 2024, Parliamentary Under Secretary of State for Building Safety and Homelessness, Rushanara Ali MP, introduced a series of fire safety and evacuation proposals expected to come into force in the coming years. They include proposals for personal emergency evacuation plans (PEEPs), the recognition of CE (‘Conformité Européenne’) marking for construction products, and updates to the statutory guidance regarding national classes fire testing standards and sprinklers in new care homes.

‘Residential PEEPS’

Delivered two days before the release of the highly anticipated Grenfell Tower Inquiry Phase 2 report, the written statement indicates the government’s intention to implement the outstanding recommendations from the Phase One report relating to the safety of disabled and vulnerable residents within high-rise buildings in England. Referred to as ‘Residential PEEPS’, the proposals will see residents with disabilities and impairments entitled to a “person-centred risk assessment to identify appropriate equipment and adjustments to aid their fire safety/evacuation, as well as a ‘Residential PEEPs statement’ that records what vulnerable residents should do in the event of a fire”.

The Government has committed funding next year to begin this important work by supporting social housing providers to deliver Residential PEEPs for their renters. Future years’ funding will be confirmed at the upcoming Spending Review,” the statement reads.

Product marking

The government has also announced an extension to the period of recognition of CE marking for construction products. MHCLG states:

We have listened to the findings from the Independent Review of the Construction Products Testing Regime. This was clear that there is currently insufficient testing and certification capacity in the UK alone to provide the volume of conformity assessment that would be required were CE recognition to end. We are also clear that ending recognition of CE marking without reforming the domestic regime would create trade barriers and negatively affect the supply of products that meet recognised standards.”

The department will also be looking to address “inadequacies across the wider construction products regime”, with Ali adding that the government will take into account any recommendations from the forthcoming Grenfell Inquiry report to “inform proposals for reform”.

In summary, this announcement means that:

  • CE marking will be accepted past 30 June 2025 in Great Britain.
  • UKCA marking will remain a valid and accepted regulatory mark.
  • The government has committed to system-wide construction product regulatory reform and will explore the long-term future of CE/UKCA marking as part of this.
  • Any subsequent changes to the recognition of CE marking would be subject to a minimum 2-year transitional period.
  • The government will engage with UK Conformity Assessment Bodies, the UK Accreditation Service, and wider industry to strengthen the conformity assessment market.

National Classes and sprinklers in care homes

MHCLG has also announced two key updates to statutory guidance that include a provision for sprinklers to be installed in new care homes and the withdrawal of the outdated National Classes fire testing standards.

This implements the recommendation, made in the Hackitt Report, for a clearer, transparent and effective testing regime. Alongside guidance for second staircases in tall residential buildings that are more than 18m in height, which was published on 29 March 2024, these measures conclude the new policy responses to the Sprinklers in care homes, removal of national classes, and staircases in residential buildings consultation, which ran from 23 December 2022 to 17 March 2023.

In particular, these changes to ADB will see the removal of the dual classification system “in favour of the more rigorous, internationally recognised European standard (BS EN 13501)”. The removal of national classes will be implemented in two stages: first, the removal of references to BS 476 testing for reaction to fire and roofs, and second, the removal of references to BS 476 testing for fire resistance.

The update will see a transition period of five years for ‘fire resistance’ and six months for ‘reaction to fire’ in order to allow some manufacturers time to re-test their products.

This is a generous yet critical approach and has been put in place to facilitate a smooth transition to the European standard that is not disruptive to supply chains,” Ali adds.

Regarding the provision for sprinklers in all new care homes, care homeowners and developers will have a six-month transition period until the guidance comes into effect, followed by a further six months to enable current development projects to continue.

This move is in line with the recently released FPA policy manifesto, which called for sprinklers to be fitted in all new and majorly refurbished care homes and schools.

Changes to Approved Document B (Fire Safety)

The new updates to support enhanced fire safety will come into effect in 2025, 2026, and 2029.

  • Provisions for sprinklers in all new care homes, irrespective of height, will take effect on 2 March 2025. The updated government guidance can be accessed here.
  • The removal of references to the national classification system (BS 476) for reaction to fire and roofs will take effect on 2 March 2025. The updated government guidance can be accessed here.
  • The removal of references to the national classification system (BS 476) for fire resistance will come into force on 2 September 2029. The updated government guidance can be accessed here.
  • As outlined by the previous government, second stair provisions in residential buildings over 18m in height will come into force on 30 September 2026. The updated government guidance can be accessed here.

Announcing the publication of these updates in the House of Commons, Ali said: “We, today, published the written ministerial statements setting out the outstanding Phase One recommendations and our actions, and we have further work that is underway to ensure that we can accelerate the work to make buildings safe.”

She also touched on concerns around adequate skills and competence in the industry, stating: “This is a very important area, and we are absolutely committed to increasing the skills and competence within the sector. Industry has actively responded to Dame Judith Hackitt’s challenge, but there remains significant work that needs to be done to upskill industry members and prepare for the new regime. The Department and Building Safety Regulator will support industry as they identify skills and capacity gaps, provide relevant training, and set up accredited competence schemes.”

You can watch the full parliamentary debate here.

You can read the full written ministerial statement on building safety here.