Weighing up the law
Laura Page provides us with a brief overview of the interim report from Dame Judith Hackitt
I
N THE aftermath of the tragic fire at Grenfell Tower in June 2017 which killed 71 people, Dame Judith Hackitt was appointed by the government to lead an independent review into building regulations and fire safety. Tasked with looking at current building regulations and fire safety with a particular focus on high rise residential buildings, she is reporting jointly to Communities and Local Government Secretary Sajid Javid and Home Secretary Amber Rudd. Her review will examine the regulatory system
relating to the design, construction and ongoing management of buildings in relation to fire safety, related compliance and enforcement issues, along with international regulation and experience in this area. Dame Judith is consulting the Buildings Regulations Advisory Committee (which advises the government on changes to building regulations) as well as the construction and housing industry, the fire sector, international experts, MPs and the public. Her review is separate from the public inquiry that has also been set up to look into the disaster – the difference between public inquiries and inquests is explained in my column on p16 of FRM October 2017. Dame Judith published an interim report in mid
December, which gave strong indications of what we can be expect from the final report – due this spring. In it, she states, perhaps unsurprisingly to those in the industry; ‘the current regulatory system for ensuring fire safety in high-rise and complex buildings is not fit for purpose’, identifying a mix of reasons for this, including ‘complex and unclear’ regulations and guidance, ‘poor’ clarity over roles and responsibilities for fire safety, and weaknesses in compliance, enforcement and sanctions processes. ‘The lack of meaningful sanctions does not drive the right behaviours,’ she said. Wholesale regulatory and cultural reform is
proposed, referred to by Dame Judith as a ‘universal shift in culture’. In the longer term, the report envisages that building regulations will be more like health and safety law with a risk based approach
14 MARCH 2018
www.frmjournal.com
and a framework which sets standards. However, her view in the report is that, whilst changes to the regulatory regime will help, they won’t be sufficient on their own and that a shift is required away from doing the minimum required for compliance towards taking ownership and responsibility. It seems likely that the final report will recommend that senior named individuals within companies take on responsibility for complying with regulations, and that the imposition of new legal duties and criminal sanctions will be recommended. Another key focus of the report is around
competency, which may be very relevant to many F&RM readers. Industry, professional and accreditation bodies have been put on notice that they must work together to ensure the competence and qualifications of those who design, construct, inspect and maintain high risk or complex buildings. Such a new scheme may involve the accreditation of individuals and the implication is that if organisations don’t successfully work together to achieve this aim, then legislation forcing this may follow. Dame Judith’s interim report also suggests that
it will be recommending that a tightening of fire risk assessment requirements is appropriate, with an annual assessment being imposed together with a requirement for it to be shared with residents and the fire authority. It is however unclear whether the fire authority would then be required to take any action or review such documents. Sajid Javid confirmed that the government accepted all of the recommendations made in Dame Judith’s interim report and in particular a change in mindset to hold those who are responsible for safety accountable. I will report back in the spring, when the full
report is published, along with a discussion of what mechanisms will need to be used to bring about any change
Laura Page is a solicitor in the health and safety team at Pinsent Masons
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