11 minute read
Fire Safety
Building on fire safety
New and existing buildings need to ensure compliance with two separate pieces of legislation - the Building Safety and Fire Safety Acts - which meet recommendations from Phase 1 of the Grenfell enquiry. The Building Safety Pledge, which sets out the principles under which life-critical fire-safety issues on buildings of 11 metres and above will be remediated and is currently signed by 48 developers, will soon be a legal requirement
Five years on from the Grenfell Tower disaster, the Building Safety Act 2022, which ushers in the biggest swathe of regulatory changes to the UK built environment in almost 40 years, became law in April. The 262-page document aims to reduce safety risks related to fire spread and structural failure through greater planning scrutiny, increased regulation of professional competence and the creation of new statutory roles during the design and construction of ‘higher-risk’ buildings.
It runs alongside the Fire Safety Act, which finally came into force on 16 May 2022, over a year after it received Royal assent. Comprising four brief sections, the Fire Safety Act has significant ramifications for ‘Responsible Persons’ as it essentially extends the scope of fire risk assessments to assess the safety of a building’s external wall system (including attachments such as balconies) on any building with two or more residential premises, including hospitals and care homes. The Act also introduces a requirement to assess fire doors in both communal and flat entrances.
Guidance
At the same time as the Act comes into force, new
improvements to fire safety guidance form part of the wider update to tighten building regulations and provide The Building Safety Act 2022 aims to reduce safety risks related to fire spread and structural failure clearer fire safety rules for the design or construction of residential developments. The latest changes meet recommendations from Phase One of the Grenfell Tower Inquiry. Under the regulations, responsible persons for high-rise residential buildings will be required to provide their local fire and rescue services with upto-date electronic E
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The Building Safety Act: What you need to know
David Bebb and barristers Michael Levenstein and Simon Kerry of Gatehouse Cambers discuss the new Building Safety Act and what it means for the construction industry.
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building floor plans and to place a hard copy of these plans in a secure information box on site. Local fire services will also be provided with up-to-date information about the design and materials of a high-rise building’s external wall system, and the level of risk that the design and materials of the external wall structure gives rise to.
Responsible persons
Responsible persons will also have to carry out monthly checks on the operation of lifts intended for use by firefighters, evacuation lifts, and the functionality of other key pieces of firefighting equipment, with regular checks on fire doors and flat entrance doors also required for buildings of more than 11 storeys. Other updates include a requirement of wayfinding signage to make it visible in low light or smoke.
A Fire Risk Assessment Prioritisation Tool, designed to help responsible persons prioritise the review of the assessments required under the new legislation, has been made available. While use of the tool isn’t mandatory, health and safety expert Katherine Metcalfe of Pinsent Masons said: “The Fire Risk Assessment Prioritisation Tool is backed up by Article 50 guidance, which has a special legal status. If you use the tool, you will be well placed to demonstrate compliance with fire safety law.”
Responsible persons will need to ensure that asset information is fully up to date, with all fire safety records monitored and procedures in place to ensure equipment such as fire extinguishers, sprinkler systems, alarms and other safety mechanisms are in operational condition at all times.
John O’Sullivan, technical director for fire consultancy at Bureau Veritas Inspection, said: “With these new changes now officially law and risk assessments to be scrutinised by Fire and Rescue Services, the onus for building safety is now firmly placed on the shoulders of duty holders. It may seem like a daunting task to keep on top of the regulations, but it’s an essential one.”
Fire safety considerations need to be implemented at every stage of building development and maintenance. With the current backlog of maintenance work that needs to be actioned, public sector building managers need to ensure that fire safety compliance is kept up to date and that any upgrades to existing buildings prioritise safety.
Enforcement plans
Government plans to enforce the parts of the Act have now become slightly clearer as the current Levelling Up Secretary Greg Clark announced that contracts to turn the Building Safety Pledge into legally binding requirements have been sent to major
housebuilders. Clark expects these to be signed ‘within a month’. Under the Building Safety Act, leaseholders are now protected in law from unfair bills to make their homes safe and a regulatory regime is planned. Following the Grenfell Tower tragedy, the government has been clear that it expects developers to bear the brunt of recladding costs. However, in all probability, this will Under the Building Safety Act, leaseholders are now protected in law from unfair bills to make their homes safe and a regulatory regime is planned be closer to a 50/50 split between developers and the taxpayer. In April, agreements were reached that will see industry contribute £5 billion – an estimated £3bn through the Building Safety Levy and a further £2bn through the Building Safety Repairs pledge – a commitment by major developers to remediate life critical fire safety works in buildings over 11 metres. E
Fire safety considerations need implementing at every stage of building development and maintenance. With the current backlog of maintenance work that needs to be actioned, public sector building managers need to ensure fire safety compliance is kept up to date and that any upgrades to existing buildings prioritise safety
Who has signed the building safety pledge?
Developers making this commitment have also agreed to reimburse any funding received from government remediation programmes in relation to buildings they had a role in developing or refurbishing.
These agreements were reached following constructive discussions with developers and the Home Builders Federation and will protect leaseholders from the costs of remediation of life-critical fire safety defects.
In moves to turn the pledge into a legally binding contract, Greg Clark announced the Developer Remediation Contract and said: “I will make it available for comment for 4 weeks, after which the contract will be finalised. The faithful translation of these pledges into action is essential to the reputation for dependability that such an important sector of our economy must maintain.
“Nor will there be backsliding on the £3 billion building safety levy. The taxpayer is contributing £5 billion towards fixing those buildings which have been left orphaned by absentee developers: the industry must pay its share too. The levy will be raised against all qualifying projects in England, and companies and firms who headquarter themselves overseas will pay it, as well as home-grown developers. Ensuring that this funding is available to all affected buildings is essential to re-building confidence in the sector.
“The approach to industry contributions and leaseholder protection has the strong and unambiguous support of all parties in parliament.” L
FURTHER INFORMATION
Fire Safety (England) Regulations 2022 https://tinyurl.com/mrxr45um
Fire Safety Act prioritisation guidance https://tinyurl.com/2zm64tfc
Fire Risk Assessment Prioritisation Tool https://tinyurl.com/379tcbva
Out goes Lord Greenhalgh as fire minister
As Minister of State for Building Safety and Fire, Lord Greenhalgh has been responsible for overseeing the building safety programme, the Grenfell Tower recovery process and re-housing issues, the Public Inquiry into the Grenfell Tower tragedy itself and also tackling abuses of the leasehold and freehold systems.
News of Lord Greenhalgh’s resignation came on Friday 8 July as he became one of over 50 MPs to stand down from Johnson’s presiding Government. In a letter to Johnson, published on Lord Greenhalgh’s popular Twitter feed (@team_greenhalgh), the former Deputy Mayor for Policing and Crime in London noted:
“I have worked hard to ensure that a tragedy like Grenfell never happens again. The Building Safety Act is the landmark legislation that delivers on this mission. This Act of Parliament has brought about the biggest changes to building legislation in our history. It not only addresses the total building safety regulatory system failures head on, but also protects leaseholders who are the victims of the building safety crisis.”
He added: “As Fire Minister, I set out the most comprehensive plans for reform in decades through the Government’s Fire and Rescue Service White Paper.”
Lord Greenhalgh has overseen the building safety programme
Lord Greenhalgh
In comes Sarah Dines
The Government moved quickly to replace him with Sarah Dines. In a meeting at the Home Office, Ian Moore, CEO of the Fire Industry Association met with Lord Greenhalgh and Dines to discuss the work the fire industry is doing to support the Ukrainian humanitarian relief project. Moore thanked Lord Greenhalgh for his contribution to the fire industry to date. Prior to the reshuffle, the MP for Derbyshire Dales was assistant government whip, criticised recently for her handling of groping allegations involving her (then) superior, assistant chief whip Chris Pincher.
Sarah Dines
Sustainability & Fire Safety: What’s the link?
Fire Safe Europe organised a webinar bringing together European Institutions, key stakeholders, and academic partners to investigate current challenges and establish a pathway to connect fire safety and sustainability.
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