New Building Safety Regulations in the UK Construction Industry: The Post-Grenfell Era

14-08-2024

The Grenfell Tower fire on 14 June 2017 was a watershed moment for building safety in the United Kingdom. The tragedy, which claimed 72 lives, exposed significant flaws in the existing building regulations and industry practices. In response, the UK government has introduced a series of new regulations and reforms aimed at overhauling the building safety regime. This article explores the key changes in building safety regulations that have emerged in the wake of the Grenfell disaster.

The Building Safety Act 2022: A Cornerstone of Reform
At the heart of the post-Grenfell regulatory changes is the Building Safety Act 2022, which received Royal Assent on 28 April 2022. This landmark legislation represents the most significant reform to building safety regulation in decades. The Act introduces a range of new requirements and responsibilities:

1. The Building Safety Regulator (BSR)
The Act establishes a new Building Safety Regulator within the Health and Safety Executive (HSE). The BSR has three main functions:

  • Implementing a new regulatory regime for higher-risk buildings
  • Overseeing the safety and performance of all buildings
  • Promoting competence among industry professionals and regulators


2. Higher-Risk Buildings
The Act defines 'higher-risk buildings' as those that are at least 18 metres high or have at least seven storeys and contain at least two residential units. These buildings are subject to more stringent regulations throughout their lifecycle.


3. The Gateway Regime
A new three-stage approval process for higher-risk buildings:

  • Gateway 1: Planning application stage
  • Gateway 2: Before construction begins
  • Gateway 3: Before the building is occupied


4. The Golden Thread of Information
This requires the creation and maintenance of a digital record of building information throughout its lifecycle, ensuring critical safety information is preserved and accessible.

5. Duty Holder Roles
The Act introduces new duty holder roles with clear responsibilities for managing safety risks:

  • Client
  • Principal Designer
  • Principal Contractor
  • Designer
  • Contractor


6. Building Safety Manager
Initially, the Act proposed a new role of Building Safety Manager for higher-risk buildings. However, this requirement was later removed to reduce costs for leaseholders.

7. New Homes Ombudsman
The Act establishes a New Homes Ombudsman scheme to help homebuyers with complaints about new build homes.

Fire Safety Act 2021
Complementing the Building Safety Act, the Fire Safety Act 2021 clarifies that the Regulatory Reform (Fire Safety) Order 2005 applies to the structure, external walls, and flat entrance doors in multi-occupied residential buildings. This clarification ensures that fire risk assessments must consider these elements, addressing a significant gap exposed by the Grenfell fire.

Changes to Building Regulations
In addition to these Acts, several changes have been made to the building regulations themselves:

1. Ban on Combustible Materials In December 2018, the government banned the use of combustible materials in the external walls of high-rise residential buildings over 18 metres. This ban was extended to hotels, hostels, and boarding houses in 2020.
2. Sprinkler Systems As of November 2020, sprinkler systems are required in all new residential buildings over 11 metres tall.
3. Wayfinding Signage New blocks of flats over 11 metres tall must now have wayfinding signage visible in low light or smoky conditions.
4. Evacuation Alert Systems From December 2022, new residential buildings over 18 metres must have an evacuation alert system to help fire and rescue services inform residents of a change in evacuation strategy.

The Construction Products Regulator
In response to evidence of malpractice by some construction product manufacturers, the government established the National Regulator for Construction Products in 2021. This regulator has the power to remove products from the market that present safety risks and to prosecute companies that break the rules.

Competence Requirements
The Grenfell Inquiry highlighted issues with the competence of individuals involved in the construction and management of high-rise buildings. In response:

1. The BSR is overseeing efforts to raise the competence of those working on higher-risk buildings.
2. New industry-led competence frameworks are being developed for key roles.
3. A new competence committee will be established to oversee these efforts.

Residents' Voice
Recognising that residents' safety concerns were ignored before the Grenfell fire, new measures have been introduced to amplify residents' voices:

1. The BSR will set up a residents' panel to ensure residents' views are heard.
2. Higher-risk buildings must have a residents' engagement strategy.
3. Residents have the right to receive safety-critical information about their building.

Funding for Remediation
While not strictly a regulation, the government has introduced several funding schemes to support the remediation of unsafe buildings:

1. The Building Safety Fund: A £5.1 billion fund to remediate unsafe non-ACM cladding on residential buildings over 18 metres.
2. The ACM Cladding Remediation Fund: To remove and replace unsafe ACM cladding on high-rise residential buildings.
3. A new developer tax and levy to ensure the industry contributes to remediation costs.

Challenges and Ongoing Developments
While these new regulations represent a significant step forward, their implementation faces several challenges:

1. Capacity and Skills: The industry needs to rapidly develop the capacity and skills to meet these new requirements.
2. Cost: There are concerns about the cost implications of the new regulations, particularly for leaseholders.
3. Scope: Debates continue about whether the scope of the regulations is sufficient, particularly regarding the height threshold for higher-risk buildings.
4. Pace of Change: The full implementation of these changes will take time, with some provisions of the Building Safety Act not expected to come into force until 2023 or later.
5. The Grenfell Tower Inquiry, which is ongoing, may lead to further regulatory changes. The inquiry's final report, expected in September 2024, is likely to provide additional recommendations for improving building safety.

Conclusion
The post-Grenfell era has seen the most comprehensive overhaul of building safety regulations in generations. These changes aim to address the systemic failures that led to the Grenfell tragedy and to create a culture of accountability and safety in the construction industry.

The new regulatory framework emphasises the importance of clear responsibilities, competence, resident engagement, and the maintenance of safety throughout a building's lifecycle. While challenges remain in implementing these changes, they represent a significant step towards ensuring that a tragedy like Grenfell never happens again.

As the industry adapts to these new regulations, ongoing vigilance, continuous learning, and a commitment to safety at all levels will be crucial. The legacy of Grenfell must be a built environment that prioritises the safety and wellbeing of all residents, fostering trust between those who design, construct, and manage buildings and those who call them home.