The government has released the Terms of Reference for the new Building Control Independent Panel (BCIP)
Following on from its previous announcements, MCHLG has outlined the scope and intended output of the review into the building control process in England. Chaired by Dame Judith Hackitt, the BCIP is an independent expert advisory panel tasked by government to examine the future of the building control system as recommended by the Grenfell Tower Inquiry Phase 2 report.
The BCIP will specifically look at two points raised by the Phase 2 report, namely:
- whether to remove commercial interest from building control
- whether to move to a national authority decision model.
Whilst the terms of reference set out that the work of the BCIP will “consider conflicts and capacity in both the private sector and local authority building control sectors, looking to establish whether these are still present and what options could be taken to address them” – issues identified by the Inquiry as reasons for building control failures in the run up to the fire – the panel have been asked to explore a wider range of questions than just those suggested by the Inquiry.
The BCIP will also consider:
- different building control decision models based on an assessment of risks in the built environment,
- what level of building control oversight and supervision is appropriate for different types of buildings and building work,
- what existing powers are available, in the Building Safety Act 2022, the Building Act 1984, and regulations to address issues before looking at whether new powers are needed,
- how the building control system can support the government’s commitment to deliver 1.5 million new safe homes across the Parliament and beyond,
- how building control functions could work alongside a Single Construction Regulator and Chief Construction Adviser, and
- the interdependencies of building control with other building safety policy workstreams (e.g. Building Safety Regulator).
Covering the timeline and outputs of the BCIP, the terms explain that in June 2025, the panel will publish their “initial assessment of the problem and will ask for evidence and views from identified stakeholders, to support a further review of the panel’s assessment of the problem.”
The panel aims to submit a further review to the MCHLG later in 2025. This review would be published alongside an MCHLG response, ensuring the independence of the panel and its review.
In order to develop the review and recommendations, the panel will:
- engage with central government, local government and external stakeholders
- commission work from the Secretariat and external parties (via the Ministry of Housing, Communities and Local Government (MHCLG) officials
- critically assess the products/reports/returns from commissioned work
- consider the evidence of impacts on groups with protected characteristics.
You can read the full Terms of Reference for the BCIP here.