Policy paper

Government update on building safety

Published 2 April 2020

The government has announced today (2 April 2020) a series of measures to improve building safety for new and existing buildings. These announcements build on the measures previously announced by this government in ensuring that residents are safe in their homes.

Government’s response to the ‘Building a Safer Future’ consultation

The government has published its response to the ‘Building a Safer Future’ consultation, setting out our plans for bringing about the biggest change in building safety for a generation. The consultation, published June 2019, sought views on proposals for a radically new building and fire safety system based on the recommendations of Dame Judith Hackitt’s Independent Review of Building Regulations and Fire Safety.

Following the announcement in January 2020 that the new, national Building Safety Regulator is being established in shadow form by the Health and Safety Executive, the government’s response sets out how residents’ safety is at the heart of new system, including:

• the new regulator will be responsible for implementing and enforcing a more stringent regulatory regime for higher risk buildings, as well as providing wider and stronger oversight of safety and performance across all buildings, and increasing the competence of those working on building safety
• the more stringent regulatory regime will, at the outset, apply to all multi-occupied residential buildings of 18 metres or more in height, or more than six storeys (whichever is reached first)
• the new regulator will be responsible for all major regulatory decisions made at key points during the design, construction, occupation and refurbishment stages of buildings in scope
• under the new regime, residents will have new rights to receive information about the safety of their building and be able to request access to appropriate detailed safety information

Construction products have a critical impact on building safety and the government will establish a national construction products regulatory role to strengthen the oversight of the existing regulatory regime.

These reforms are designed to incentivise compliance from industry, regulators and residents; and to better enable the use of enforcement powers and sanctions, including prosecution as a last resort where the rules are not followed.

Remediation and Covid-19

As set out in our recent guidance note, the government’s view is that work to remove unsafe cladding from buildings is critical to public safety and so must remain a top priority, while recognising that the challenges presented by the spread of Covid-19 are severe. The government will do all it can to support building owners, managers and residents to ensure that remediation work continues where it is safe to do so.

We have appointed the government’s construction expert, Dr David Hancock, to review ACM remediation and Faithful & Gould, a firm of expert construction consultants, have been appointed to provide additional programme management capability. This additional construction expertise support will identify blockers and work with those responsible for remediation to support individual projects and allow us to identify and seek solutions to Covid-19 impacts, including on labour and supply, through engagement with individual remediation projects.

Non-ACM cladding

The government has also published the latest results of research and tests of a range of non-aluminium composite material (non-ACM, aluminium composite material) cladding materials as well as the video of the large-scale tests carried out in the summer 2019.

The tests, including on different types of high-pressure laminate (HPL) and timber cladding, show that none of the materials tested behaved in the same way as ACM PE – the cladding found on Grenfell Tower. This supports the advice from the Expert Panel which has been clear - since 2017, and most recently in its consolidated advice published in January 2020 - that ACM PE presents an unparalleled risk and should be remediated on all buildings. The consolidated advice is also clear that other cladding materials should also be assessed for safety and remediated where found to be unsafe.

The government announced in the Budget on 11 March 2020 that we will provide £1 billion in 2020 to 2021 to fund the removal and replacement of unsafe non-ACM cladding systems. This funding is in addition to the £600 million which government has already made available to ensure the remediation of the highest risk ACM cladding.

Updates to Approved Document B

In May 2020, the government will publish an update to Approved Document B that will include increased fire safety measures in high-rise residential buildings, including the provision of sprinkler systems and consistent signage in all new high-rise blocks of flats over 11 metres tall, following the government’s consultation late last year.

We also consulted on a requirement for evacuation alert systems. The government will work with the National Fire Chiefs Council on a series of tests of new technology in this area, with a view to including guidance in a later update to Approved Document B.

Action on mortgages for properties in high-rise residential buildings

The government recognises that it has become more challenging for some households to obtain mortgages for high-rise residential properties and is supportive of industry efforts to apply consistency in how such properties are valued. To address this:

• an industry group has been set up to design a data-sharing portal so that lenders and leaseholders can access the information needed to proceed with sales and re-mortgaging for buildings 18 metres and over, building on the introduction of a new process to support valuation through an ‘EWS1’ form
• the Royal Institution of Chartered Surveyors is leading efforts to devise an approach to apply reasonable and proportionate valuation judgement to buildings under 18 metres

The government has also announced measures to support construction professionals who have experienced challenges in accessing adequate Professional Indemnity Insurance and support for fire engineers who are advising on the safety of high-rise and other complex buildings.