Grenfell progress Fire Safety Order
Of course BRs only cover the fabric and materials; fire safety management is covered by the Regulatory Reform (Fire Safety) Order 2005 [FSO], which regulates fire safety in non domestic premises and coincidentally also hasn’t been reviewed since 2005. The FSO isn’t a bad piece of legislation – though I probably would say that, as a member of the Fire Safety Advisory Board who assisted in drafting it. But it did come with comprehensive – many would argue too much – guidance; tomes of it in fact. This was a criticism not lost on Dame Judith,
and so in June 2019 – on the second anniversary of the fire and a year after her review – the government announced that it was seeking feedback on the FSO. According to the announcement, the call for evidence was the first step in updating the evidence base to ensure that the FSO was fit for purpose. They asked to hear from enforcing authorities,
fire safety professionals, those regulated by the order and those whose safety must be considered under it. For workplaces this included employers and employees, and we were reminded that for the parts used in common in residential buildings this includes landlords, managing agents and residents. So much to consult on, but on the same day as the FSO consultation, a further 200 page consultation document was published on changes to regulatory enforcement, including some important proposals on how residents’ concerns will be handled, and definition changes on where responsibility lies. This was one of two announcements regarding
BRs, with nothing on the FSO; however, the announcement in October’s Queen’s Speech suggests action with regard to the regulatory framework. We understand that the purpose of the legislation is to put in place new and modernised regulatory regimes for building safety and construction products, ensuring residents have a stronger voice in the system. The main benefits of the legislation, we are told, will be learning the lessons from Grenfell; bringing about a fundamental change in the regulatory framework for high rise residential buildings (HRRBs), and also in the industry culture to ensure accountability and responsibility; as well as making sure that residents are safe in their homes. Oddly enough, I thought that is what BRs were meant to do!
New safety framework
The main elements of the legislation include a new safety framework for HRRBs, taking forward the recommendations from Dame Judith and in some areas going further by:
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providing clearer accountability for – and stronger duties on – those responsible for the safety of HRRBs throughout design, construction and occupation, with clear competence requirements to ensure that high standards are upheld
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giving residents a stronger voice in the system, ensuring that concerns are never ignored and that they fully understand how they can contribute to maintaining safety in their buildings
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strengthening enforcement and sanctions to deter non compliance, in order to hold the right people to account when mistakes are made and ensure they are not repeated
• developing a new stronger, clearer framework to provide national oversight of construction products, ensuring that all products meet high performance standards
• developing a new system to oversee the whole built environment, with local enforcement agencies and national regulators working together to make sure that the safety of all buildings is improved
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requiring developers of new builds to belong to a New Homes Ombudsman
So over 28 months since Grenfell, as yet undefined changes are being proposed to our regulatory system, which I am at least relieved will cover the whole of the built environment and not just HRRBs (the focus of Dame Judith). I can only hope that local authority building
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