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. More details have now been reported on the new fire safety programme, which will require all residential buildings above six storeys to be covered by the new regulator, while those above 11m in height ‘will need sprinklers’.
This formed part of a series of releases related to fire safety, including the government response to the aforementioned consultations. 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’. An impact assessment said this was ‘likely to mean’ that costs for industry ‘of meeting the regulation’ would increase ‘by about 10% above that previously envisaged’.
Mr Jenrick 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.
Other initiatives include link ups with the Royal Institution of Chartered Surveyors and mortgage lenders to ‘ensure that those living in existing buildings with cladding now deemed to be unsafe were able to access mortgages and insurance’. A three stage ‘gateway review’ for all new projects would be overseen by the new regulator, with ‘clear legal duties to comply with regulations’ placed on clients, designers and contractors.
‘Much more stringent’ enforcement measures will back up the new system, with the regulator able to stop work on site and hand out criminal sanctions. Mr Jenrick stated: ‘This new regime will put residents’ safety at its heart, and follows the announcement of the unprecedented £1 billion fund for removing unsafe cladding from high-rise buildings in the Budget.’
The NFCC welcomed the announcements on sprinklers, but that it was disappointed that the final scope of the new regime would only apply to buildings of 18m and above and those of six storeys or taller. NFCC chair Roy Wilsher stated: ‘This falls short of incorporating six storey buildings which have been deliberately constructed to cut costs and avoid trigger thresholds in guidance. This is a real lost opportunity to address wider risk and gaming of the system, particularly in existing building stock.’
Gavin Tomlinson, NFCC lead for automatic fire suppression systems, added: ‘These measures are a big step in the right direction on sprinklers. We are delighted the Government has made this commitment. NFCC has played a vital role in providing advice and we are pleased the Secretary of State has taken on board our evidence on the benefits of sprinklers.’
Mark Hardingham, chair of the NFCC’s protection and business safety committee, commented: ‘Requirements for additional signage and clearly marked floors will provide valuable assistance to firefighters. We are pleased to see that the introduction of Evacuation Alert Systems will be subject to further planning before changes are brought in. Emergency Alert Systems can be an additional tool for the fire service to use at major fires when there is a need to evacuate.
‘However, such systems could potentially place people at risk if they are not part of a package of measures. We are pleased Government has responded to the evidence submitted by NFCC, and we look forward to facilitating further planning and development to ensure these measures can be phased in safely.
‘We welcome the clarity provided this week, given the unprecedented challenge posed by the COVID-19 crisis, that remediation of unsafe cladding remains a priority for Government. Remediating high-rise buildings with unsafe Aluminium Composite Material (ACM) cladding and maintaining measures to ensure buildings are safe, is critical to public safety.
‘We’re pleased to confirm that yesterday the Fire Protection Board successfully completed the first phase of the Building Risk Review (BRR) exercise. Positive responses were received from all fire and rescue services in England, that where there is a known un-remediated building with ACM cladding, FRSs have effective response plans in place and are monitoring the suitability of interim measures implemented by Responsible Persons.’
Mr Wilsher concluded: ‘NFCC welcome Stephen Greenhalgh as the newly appointed joint Minister across the Ministry of Housing, Communities and Local Government and the Home Office. This can only enhance co-ordination of the response to Grenfell across the building and fire safety landscape, and we look forward to working with the Minister in his new portfolio.’