The release of the Grenfell Inquiry’s final report on 4 September 2024 marks a pivotal juncture for building safety in the United Kingdom. The devastating fire at Grenfell Tower in 2017, which tragically resulted in the loss of 72 lives, has spurred extensive reforms in building safety regulations. The recent fire at a residential block in Dagenham over the August bank holiday reinforces the ongoing risks associated with high-rise buildings and underscores the critical importance of the Building Safety Act 2022 (BSA 2022).
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The Grenfell Inquiry has been a thorough examination of the causes and ramifications of the Grenfell Tower fire. Over the years, it has furnished valuable insights and recommendations aimed at preventing such catastrophic events in the future. The anticipated final report, to be published at 11 am on 4 September 2024 on the Inquiry’s website, is expected to be a seminal document that will shape the future of building safety in the UK. Previous statements from the Inquiry, including one on the seventh anniversary of the fire, have expressed profound sympathy for the bereaved and survivors and highlighted the availability of counselling support services, emphasising the lasting impact of the tragedy on many individuals.
The Building Safety Act 2022 represents a landmark overhaul of safety regulations within the construction industry. It aims to enhance safety across the sector through the introduction of new standards and regulations to ensure the safety of residents. Deputy Prime Minister Angela Rayner has stressed the urgency of expediting the remediation of unsafe buildings. A government press release on 29 August 2024 reiterated the need for swift action to make homes safe and ensure that ongoing remediation efforts are managed safely for occupants. Central to the BSA 2022 is the establishment of the Building Safety Regulator (BSR) and the introduction of new roles and responsibilities within the construction industry. The recent appointment of Rushanara Ali MP as the Minister for Building Safety and Homelessness underscores the government’s commitment to this cause, with her remit including oversight of the Grenfell Community, Tower and Memorial, the Grenfell Inquiry, building safety, building regulations, the BSR, and remediation efforts.
Recent updates to the building control regime are noteworthy. The Common Assessment Standard (CAS), developed by Build UK, has been revised to incorporate new sections on building safety. Published on 1 July 2024, this updated standard ensures that companies can demonstrate their capability to fulfil their roles under the BSA 2022. The CAS provides assurance to contractors and clients that companies possessing the CAS certification have undergone rigorous annual checks by a recognised assessment body. Furthermore, the Construction Leadership Council (CLC) has been collaborating closely with the BSR to address delays in building control applications. The BSR has reported an unexpected surge in applications and highlighted the importance of submitting complete and clear applications to facilitate the approval process. The CLC has provided resources, including recorded webinars from the May 2024 BSR conference and a Q&A section, to assist applicants in preparing quality submissions that meet building regulations.
The government has also updated guidance on Section 30A non-determination applications for higher-risk buildings (HRBs). This guidance outlines the procedures for applying to the Secretary of State when the BSR has not issued a decision within the required timeframe. Published on 5 August 2024, the guidance specifies the stringent criteria that must be met for an application to be considered valid. It underscores the importance of ensuring that applications comply with the BSA 2022 from the outset to avoid delays and additional costs. Additionally, new regulations clarifying the transitional provisions of the BSA 2022 came into force on 6 August 2024. These regulations ensure that amendment notices can be made in transitional cases without the risk of the HRB falling outside the transitional regime. New building control practice guidance has also been published, detailing information on cancellation notices, transfers, and reversions, applicable in England.
Section 125A of the BSA 2022, effective from 24 July 2024, introduces new duties for insolvency practitioners (IPs) appointed in relation to a responsible person for an HRB or a relevant building. IPs are now required to notify the local authority, the fire and rescue authority, and the BSR within 14 days of their appointment. This new mandate aims to ensure that building safety is maintained even in cases of insolvency. Moreover, the BSA 2022 introduces Building Liability Orders (BLOs) to prevent the circumvention of liability for cladding defects through the use of shell companies or special purpose vehicles. Recent guidance from the Technology and Construction Court (TCC) highlights the application of BLOs, emphasising their role in securing contributions to liability from related companies. A landmark legal challenge by the Department for Levelling Up, Housing and Communities (DLUHC) in May 2024 against freeholder Grey GR led to a remediation order for Vista Tower in Stevenage, illustrating the First-tier Tribunal’s (FTT) power to enforce remediation under the BSA 2022.
The culmination of the Grenfell Inquiry’s final report and the implementation of the BSA 2022 signify substantial progress towards enhancing building safety in the UK. The recent updates to the building control regime, guidance on non-determination applications, and new duties for insolvency practitioners collectively contribute to a safer built environment. As the construction industry continues to adapt to these changes, the overarching objective remains clear: to prevent further tragedies and ensure that all buildings are safe for their occupants.
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