The Grenfell Tower disaster in 2017 triggered one of the most significant public inquiries in UK history. The inquiry released its Phase 1 Report, focusing on the night of the fire in October 2019. Five years on, the final Phase 2 Report was published on 4 September 2024 and provides a detailed and technical evaluation of the underlying causes of the tragedy.
The report makes 58 recommendations, covering central and local government, the fire service and businesses involved in the construction of buildings in the UK. If implemented, the changes will transform the industry with those working in construction facing much tighter regulation, particularly in the design and construction of higher-risk buildings.
The inquiry has highlighted how regulatory oversight of the construction industry has become fragmented over time, with responsibility for fire safety distributed across various government departments, local authorities, and commercial organisations. The Phase 2 Report, therefore, proposes the creation of a single construction regulator, responsible for the entire industry and reporting to a single Secretary of State. This regulator would oversee the entire construction process, to include the certification of construction products and the licensing of contractors to work on higher-risk buildings.
There is also a call for an ‘urgent review’ of the definition of higher-risk buildings in the Building Safety Act 2022. Currently, a “higher-risk building” is one that is at least 18 metres in height or has at least 7 storeys and contains at least 2 residential units. Those buildings which meet the definition are subject to the onerous regulations contained in the Act. However, it has been suggested that the nature of a building’s use, and, in particular, the likely presence of vulnerable people (for whom evacuation in the event of a fire or other emergency would be likely to present difficulty) is far more relevant. How the definition will be formulated remains unclear; however, any review would undoubtedly have a significant impact upon developers and others with responsibilities under the Act.
Principal Contractors wishing to undertake the construction or refurbishment of higher-risk buildings, in future, may also be subject to a licensing scheme with a nominated director or senior manager providing a personal undertaking to take all reasonable care to ensure that on completion and handover, the building is as safe as is required by the Building Regulations. The introduction of a licensing scheme would be a significant change in the industry and with personal liability proposed, senior individuals will need to closely consider the professional qualification and competence of their team.
It remains to be seen which recommendations, if any, the Government will take on board. In his recent statement following the publishing of the report, Keir Starmer promised that the Government would respond to all 58 recommendations within 6 months. He has also committed to speeding up the process of removing unsafe cladding, with further details expected this autumn.
For the time being, those working in the construction industry should ensure they allocate sufficient time and resources to fire safety matters and follow any changes closely to ensure regulatory compliance.
For further information, please contact Kathryn Quinley.
The service you deliver is integral to the success of your business. With the right technology, we can help you to heighten your customer experience, improve underwriting performance, and streamline processes.