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Fire safety regulation continues to be a focus of change across the UK in the wake of concerns around high rise buildings and their fire safety.

Seven years on from the Grenfell disaster detailed answers and accountability remain elusive while regulatory change across the UK strives to drive safer buildings.

Despite different approaches north and south of the border, recent changes in Scotland confirm an appetite for similar improvements. It is expected that the pace of regulatory change including enforcement mechanisms will increase further throughout the UK.

Grenfell: Seven Year Anniversary

The recent anniversary of the tragedy at Grenfell marks seven years since 72 people died in horrific circumstances as fire spread through the high-rise residential building. The report following Phase 2 of the Public Inquiry is awaited, the Inquiry recognising in April this year that it would fail to deliver the report as planned before the 2024 anniversary. The Inquiry must contact those who may be criticised in its report for comment before publishing. The fact the process is taking longer than expected speaks for itself.

In the meantime, the Police investigation, which is separate from the Public Inquiry, continues. The scale and complexity of the investigation means it will be 2026 (at the earliest) before any charges will be announced. As of September 2023, 56 people had been interviewed under caution. Criminal offences include corporate manslaughter, gross negligence manslaughter, fraud and health and safety offences. Charges may be brought against organisations and/or individuals. The criminal investigation and decision on charging will be heavily influenced by the inquiry report. Watch this space.

Building Safety

The Building Safety Act 2022 has been a hot topic in construction since it came into force. It is a significant piece of legislation, essentially introducing a building safety case regime covering the life cycle of high-rise and multi-occupancy residential buildings with its own regulator, the Building Safety Regulator (BSR) (independent but part of the Health and Safety Executive) and new designated duty holders. The new regime introduces extensive changes, requiring a weighty amount of work by project teams to ensure compliance from the get-go and to avoid delays. The Act is now supplemented by various pieces of guidance to assist duty holders in ensuring compliance.

Many aspects of the Act do not extend to Scotland. The Scottish Government has not yet introduced its own BSR, but it has taken a similar approach to that of higher risk buildings regime through the Housing (Cladding Remediation) (Scotland) Bill, which was passed on 14 May 2024. The Bill awaits Royal Assent to become an Act of the Scottish Parliament. This legislation gives powers to Scottish Ministers to assess and remediate certain types of buildings with unsafe cladding. Scottish Ministers will need to record those assessments and any remediation works in a register. There is also scope for Scottish Ministers to create a responsible developers scheme. Again, watch this space.

Fire Safety Changes: impact and what else is in store?

The regulatory changes and focus on building safety means we are seeing an increased emphasis on ensuring adequate compartmentation and escape routes within buildings. As duty holders review risk assessments, previously identified risks may no longer be tolerable or compliant, requiring remediation works or mitigation measures to be implemented. Where original work has been defective this could give rise to claims but there is always a risk that a claim could be time barred. We strongly recommend taking legal advice on compliance and prospects of any claim where remediation works have been identified.

As with Building Safety, Scotland and England maintain their own distinct frameworks for fire safety regulation. Understanding the nuances of fire safety regulation is crucial for those with responsibility for fire safety. We expect regulatory oversight and enforcement to be on respective government’s agenda, including tighter monitoring of building owners and managers, stricter penalties for non-compliance and more frequent inspections.

Get in touch with our specialist experts in our Building Safety Group with any queries. We would love to hear from you.

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