FOCUS
Cladding focus
Figure 3
or maintained. Timber cladding is also an area of great concern, on which guidance has not yet been fully detailed by MHCLG. As demonstrated by the Barking fire of June
2019, timber balconies surrounded by timber cladding are extremely combustible, and the same principle would apply to a timber clad external wall. In the numerous buildings with timber cladding or timber balconies that we have surveyed, the number with the documentation to prove that the material was treated with a fire retardant product during manufacture can be counted on one hand. However, even with this product applied, the timber will never reach the Euroclass A2 or A1 rating required to be compliant with Building Regulation B4(1). It is extremely important that all responsible persons check every element of their building’s external wall structure – assumptions cannot be made from design drawings from the time of construction. Proof from a site survey is needed to formulate a plan of remediation, where necessary. A survey has been undertaken and a report issued outlining issues with the fire safety of the construction, but what further steps should a responsible person take?
Further steps
Firstly, the local fire and rescue service should be informed and, in accordance with MHCLG’s latest guidance, a chartered fire engineer should be instructed to review all relevant documentation, such as the fire risk assessment, facade report, and evacuation strategy and policy. The fire engineer will also determine if any interim measures are required, such as a
44 JUNE 2020
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Figure 4
temporary fire alarm system or a waking watch. The holistic review within this report will also help to create the scope of the remedial works, as some areas which are borderline regarding compliance to the regulations may be deemed to carry a low and acceptable risk. A quantum report may be instructed at this
point, to open up many additional areas of each facade element and fully ascertain the extent of the defects – helping to further build a case, but also eliminating provisional costings later on, and allowing a realistic budgetary figure for the works to be drawn up as the scope is clearer. In addition, the developers of the building should be notified of the latent defects discovered and there should be discussion about whether they will be readily remediating the issues. Details of any building warranty period should be clarified and a claim lodged immediately if it is within the policy period and terms of the coverage. If the building is relatively new, it is imperative that you check the expiry date of your building warranty. The schemes often last for ten to 12 years
– although the duration may be less – from the date of completion of the construction, and can be claimed on in the event of the discovery of combustible materials or instances of poor workmanship, where there have been non compliances with the Building Regulations. Even if your claim is filed one day after
the expiry date, it will not be covered and the process of cost recovery would move on to the contractor that installed the system - many of which now cease to exist. This makes recourse more difficult or impossible, landing leaseholders with an often sizeable bill to bring their building up to a compliant, safe standard.
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