Housing Secretary Robert Jenrick announced in January ‘the biggest change in building safety for generation’, including a new regulator, changes to height limits and new consultations, with the new measures to ‘go faster and further to improve building safety’, and the new building safety regulator to be ‘established immediately’ within the Health and Safety Executive.
‘Clarified and consolidated’ advice for building owners, proposals to extend the combustible materials ban and a consultation to lower mandatory sprinkler limits were launched, while a construction expert was appointed to review timescales and ‘identify what can be done to improve pace in the private sector’ in terms of cladding removal. A consultation was open until 17 February on the combustible ban, proposing to lower the 18m threshold to ‘at least’ 11m.
The sprinklers consultation last year saw the government propose lowering the height threshold for new buildings, with ‘detailed proposals’ to come on how a technical review of fire guidance will be delivered. The new fire safety programme will require all residential buildings above six storeys to be covered by the new regulator, while those above 11m in height ‘will need sprinklers’.
Mr Jenrick stated that the new regime would apply to all buildings six storeys or taller ‘even when they are below 18m in height’, a change from the government’s previous perspective that the regime would ‘only cover buildings at or above 18m in height’. The plan is to ‘retain that threshold’ but include any other buildings six storeys or more in height that are below 18m, and would ‘in due course, extend to include other premises, based on emerging risk evidence’.
He also confirmed that from May, the Ministry of Housing, Communities and Local Government would ‘effectively ensure’ sprinkler installations in all residential buildings above 11m in height via an amendment to Approved Document B of the Building Regulations, with this also to ‘call for improved and consistent signage’ in buildings to help residents evacuate in a fire.
Earlier this month meanwhile, the government revealed that all residential buildings over six storeys will be covered by its new fire safety regime, while sprinklers will be required on all buildings above 11m. However, Inside Housing has reported that the government has made a ‘subtle change’ to the new measures, which will ‘see some buildings fall outside the scope of the new safety regime’.
It noted that the threshold of 18m or six storeys, ‘whichever comes first’, has been supplanted by changes released earlier this month, which altered the wording to 18m or ‘more than’ six storeys, which the NFCC stated ‘would eliminate a number of potentially at-risk bulidings’, with NFCC building safety programme lead Nick Coombe stating: ‘NFCC are disappointed that the scope of the new regime has departed from the intention laid out in consultation.
‘The change from 18m or six storeys whatever comes first to 18m – or “more than” – six storeys (effectively seven storeys) has missed the opportunity to address existing risk. We know there are residential buildings out there which have been constructed around the measuring thresholds in approved guidance in order to avoid certain safety measures.
‘For example, those which have commercial at the ground floor but are only six storeys due to the double height of the ground floor, will fall just short of the threshold. NFCC is disappointed at these lost opportunities.’
He also expressed his concerns that mixed use buildings would fall under different safety regimes, with commercial elements governed by separate legislation, and added that the NFCC would have preferred a ‘holistic approach’ taking the entire building into account. Mr Coombe commented: ‘NFCC believe that there should be a holistic approach to buildings in scope ie that there is a whole building approach to safety.
‘The current policy, as we understand it, is that some of the new requirements will only apply to the residential parts of buildings in scope, and the [fire safety order] will still apply to the non-residential parts. The Housing Act will still apply to the domestic premises, meaning there will be three pieces of legislation governing the safety of the building instead of two.
‘NFCC are concerned that the safety case regime, which needs to include structural safety, will not apply to the non-residential parts of these buildings. It may therefore be difficult to get a holistic approach to safety, especially where the commercial parts are on the ground floor. The building safety manager will not have any power in these parts of the buildings, again leading to a lack of cohesion in the safety of the building and its occupants.’