Building Safety: government’s response to the Grenfell Tower inquiry

Yesterday the government gave its response to the Grenfell Tower enquiry.  It has accepted all of the recommendations of the inquiry. Some of the key points to note are:

• The definition of higher-risk buildings. Plans to review this will be in place Summer of 2025. The language used is rather unclear but on its literal interpretation appears to mean that only plans for a review will be set out by the Summer, not that the definition is likely to change in Summer of 2025. 
• It will become a statutory requirement that as part of the building control application approval stage for a higher-risk building (gateway 2) there must be a statement from a senior manager of the principal designer that all reasonable steps have been taken to ensure that on completion the building as designed will be as safe as is required by Building Regulations. There is no timeframe given for the implementation of this. The government is going to consider if this should apply to all buildings (not just higher-risk buildings).
• Licensing scheme - principal contractors who want to undertake construction or refurbishment of higher-risk buildings will be subject to a licensing scheme in due course.
• When applying for gateway 2 approval for a higher-risk building, a director or senior manager of the principal contractor will have to give a personal undertaking to take all reasonable care to ensure that on completion and handover the building is safe as required by the Building Regulations. This was a recommendation (and therefore has been accepted) but there is no detail as yet about how this is to be implemented. 
• Residential personal emergency evacuation plans (RPEEPS) will be required for every high-rise residential building for any resident with a long-term illness or disability-secondary legislation will be laid before Parliament late in 2025 to address this. If a disabled person has their mobility impaired, they will be entitled to a person-centred fire risk assessment.  
• Statutory guidance has been updated to provide for Evacuation Alert Systems in new blocks of flats over 18 metres. The government has said that there is insufficient evidence to require retrofitting to existing blocks.
• Construction products. A construction products green paper for construction product reform including proposals for prison and unlimited fines  has been published.
• Seven companies are going to be investigated under the new Procurement Act. If found to have “engaged in professional misconduct” their names will be added to a “debarment list” which all contracting authorities have to take into account when awarding new contracts

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