Dear colleague,
REFORMS TO BUILDING SAFETY
This week, Phase 2 of the Grenfell Tower Inquiry begins. I wanted to take this opportunity to update you on the significant package of building safety measures I announced last Monday and to thank colleagues for their participation in the debate I lead last week on the Government’s response to Phase 1 of the Grenfell Inquiry.
The Government is committed to bringing about the biggest change in Building Safety regulation in almost 40 years. Since the Grenfell Tower tragedy, we have taken decisive action to tackle the safety risks that the fire exposed. We have banned the use of combustible materials in cladding systems on high-rise tower blocks and committed £600 million to fund the replacement of Aluminium Composite Material (ACM) – Grenfell style – cladding on buildings over 18m.
In the Autumn we committed to adopt in full the recommendations of the Grenfell Tower Inquiry Phase 1 report and on the 21 January we published our Government response to this report.
However, as works progress and I hear more about the problems in building safety that have developed over many decades, it is clear to me that more is needed to tackle the entirely unacceptable risk of further serious incident or loss of life.
That is why last Monday I announced a wider programme of building safety reform to ensure everyone is safe and feels safe in their home.
I recognise that implementing the scale of change that is needed will take time; however progress so far has been unacceptably slow. All of us - building owners, the construction industry, local authorities, the fire service and Government - must do what we can to ensure we go as far and as fast as possible to ensure that a tragedy such as Grenfell never happens again.
Establishing the new Regulator at pace: I am immediately establishing the new Building Safety Regulator within the Health and Safety Executive (HSE) – an experienced regulator who are committed to introducing our new regime at pace. To waste no time, prior to legislation the Regulator will operate in shadow form and Dame Judith Hackitt will chair a Board to oversee the swift transition to the new regime. In addition, we will also be recruiting the first Chief Inspector of Buildings.
Ensuring the Regulator has the information it needs: Last July we asked local authorities and housing associations to collect data on the external wall systems of all high-rise residential buildings that are 18m or above. We should have this information by the end of March. This will not only inform the new Regulator, but also the work of the Fire and Rescue Service Protection Board in considering its programme of assurance and inspection of high-rise blocks of flats.
Reviewing fire safety guidance: Dame Judith Hackitt’s report set out what we need to do to improve building safety. But where necessary I will not hesitate to go further than this, as I have done by completing an end-to-end review of Government’s fire safety guidance –“Approved Document B”.
Reviewing sprinklers and fire safety measures: Having consulted on sprinklers and other safety measures for new flats, I am now considering the evidence carefully and at this time am minded to lower the height threshold for sprinkler requirements in new buildings from 18m to 11m. I will respond formerly in February.
Going further on combustible materials: Having banned the use of combustible materials in the external walls of high-rise buildings in December 2018, I am now consulting on going far further, including: lowering the height threshold from 18m to at least 11m; extending the ban to cover hotels, hostels and boarding houses; and introducing a complete ban on ACM with an unmodified polyethelene core (ACM PE). This complete ban on ACM PE reflects new advice from the Expert Panel - as it presents a much higher risk than other materials tested, when used on the external walls of buildings. To assist building owners and residents in better understanding the risks of ACM PE we continue to support the ACM screening programme which was started following the Grenfell fire. I have commissioned further tests of some products - covering different thickness and different manufacturers - to ensure we have as much evidence as possible. I intend to publish the results of all the materials research by the end of March.
Providing clear advice for building owners: Since the Grenfell Tragedy my Department has worked with the Independent Expert Advisory Panel (Expert Panel) to provide the best and most up-to-date advice on the steps that builders owners should take to ensure their buildings are safe. Reflecting the shocking state of construction due to decades of insufficient attention to fire safety measures, this has resulted in 22 separate advice notes being published over the last 30 months. In order to ensure this critical guidance is as clear as possible, on Monday I acted on sector feedback, bringing this advice together into one single consolidated document.
Setting clear expectations for all residential buildings: The Expert Panel has clarified that more action is needed to review risks in buildings below 18m and all building owners should review Government advice and take action needed to ensure their residents are safe.
Remediation of fire doors: The consolidated Advice Note also clarifies the actions building owners should take in relation to fire doors. Glass Reinforced Plastic fire door manufacturers have not moved as quickly as I would have expected to respond to their failure to meet required performance standards. However, I welcome the commitment which members of the Association of Composite Door Manufacturers have now made to work with building owners to remediate their doors which failed tests. I will continue to monitor the situation closely to ensure that this commitment is followed through.
Ensuring a more comprehensive assessment of building risk: For many years, we have relied on crude height limits with binary consequences, and it is clear to me that this approach to assessing risk does not reflect the complexity of the challenge at hand. I have concluded that we need a better, more sophisticated system to underpin our approach. Height will remain a significant and material factor, but it will sit alongside a broader range of risk factors. I am therefore today commissioning leading experts in the field to develop, as quickly as possible, a sophisticated matrix of risk that will replace the historic system and underpin our approach to future regulatory regimes. I have also published a call for evidence seeking views on the assessment and prioritisation of fire risks associated with external wall systems, such as cladding, within existing buildings.
Speeding up remediation of unsafe ACM cladding: Removing unsafe ACM cladding as fast as possible must be a priority – and so far progress has been far too slow. This absolutely cannot continue, particularly when funding is being provided by the taxpayer. Although all unsafe ACM-clad buildings now have safety measures in place to mitigate risk where required, this is not an excuse. The latest data shows that, out of 92 buildings in scope, 82 applications have been made to the private sector ACM cladding remediation fund, and those 10 who have not yet applied have exceptional circumstances, which I have reviewed. However, an application to the fund is not an end in itself and is not sufficient. Construction work to remediate these buildings should be proceeding as quickly as possible.
Reviewing all remediation timescales: We will therefore be appointing an independent construction expert to review remediation timescales and identify what can be done to increase the pace in the private sector.
Ensuring sufficient action is taken: Inaction must have consequences and that is why I have committed to publicly hold those responsible for remediation to account. My Department will also be working with the relevant local authorities to drive enforcement where necessary.
The Fire Safety Bill: The Home Secretary will deliver the Fire Safety Bill and associated regulatory changes to deliver the recommendations of the Grenfell Inquiry Phase 1 report. The proposed Bill will place beyond doubt that external wall systems, including cladding and the fire doors to individual flats in multi-occupied residential blocks, fall within the scope of the Regulatory Reform (Fire Safety) Order 2005. These changes will affirm the ability to enforce locally against building owners who have not remediated unsafe ACM clad buildings. Building owners and developers who have not already taken action must do so now. Further delay will not be accepted. From here we will take forward regulations in relation to the Grenfell Tower Inquiry phase 1 report’s recommendations that there should be regular inspections by building owners or managers of front doors to individual flats; and, information sharing on external wall systems for high rise residential buildings between building owners or managers and local Fire and Rescue Services.
Building Safety Bill: I will shortly respond to the Building a Safer Future consultation, setting out detailed plans for how this Government will reform building safety through primary legislation, following Dame Judith Hackitt’s review. I will produce a Building Safety Bill as soon as possible to deliver these radical reforms and establish in law a more effective system for regulating building safety, in line with Dame Judith Hackitt’s recommendations. Ensuring the necessary remediation happens: It will take time and money to ensure that the problems being identified are rectified. But safety must come first. Government has already committed £600m to ensure the remediation of the highest risk buildings. I have demanded that building owners and developers consider all routes that they can take to ensure the necessary remediation takes places as quickly as possible. I am aware of the concerns from leaseholders about paying for remediation and am considering options to support them. The Government will set out further details in due course.
Supporting those affected: Finally, we are committed to ensuring Government support remains in place for the bereaved and survivors of the fire in Grenfell Tower. The Government has taken ownership of the site of Grenfell Tower so that the community, including the Grenfell Tower Memorial Commission, made up of representatives of the bereaved, survivors and residents, will determine the most appropriate way to remember those who lost their lives.
The Government will continue to support the Inquiry to establish the facts of how such a disaster could happen.
We owe it to the bereaved and the survivors to deliver action on a scale and at a pace commensurate with the level of tragedy, and to do all that we can to ensure that this never happens again.
THE RT HON ROBERT JENRICK MP
