Grenfell Tower was London's worst residential fire since World War II, claiming 72 lives and causing considerable pain in local communities and the nation. More than five years later, new legislation is still being introduced in response to the tragedy.

Let‘s examine several major changes that have taken place over the last five years, how these affect industry professionals - architects, designers, contractors, and construction managers - and what to watch out for.

Non-combustibility and new regulations

In December 2018, the government introduced legislation that banned combustible materials in external walls for new buildings over 18 metres. At the time, hotels, hostels, and boarding houses were exempt from the regulations. However, in December 2022, the government updated the legislation to include those previously exempt categories.

It also banned metal composite materials with an unmodified polyethene core in all new residential constructions in England.

There is also new guidance for buildings between 11 and 18 metres. Fire Safety Document B establishes which combustible materials can be used in buildings. These regulations are designed to offer construction firms some flexibility and enable the careful use of certain materials, such as timber.

All new regulations introduced by the government came into effect on the 1st of December 2022. However, there are two instances in which buildings are exempt:

• When a building notice was given (or full plans submitted) before the 1st of December 2022.

• When building work commenced or will commence within six months of 1st of December 2022.

Fire remediation - how we got here

In the wake of the Grenfell tragedy, Westminster established a remediation process for the removal of unsafe materials in existing buildings. In 2020, the government budgeted £1 bn for the remediation of unsafe non-ACM cladding. This was supplemented by an additional £3.5 bn in February 2021 and became known as the Building Safety Fund.

However, in 2022, the government scrapped this leaseholder-driven approach and announced it had reached an agreement with developers. Companies would now contribute a minimum of £2 bn to replace unsafe cladding. A further £3 bn would be raised over ten years via the Building Safety Levy.

Introduction of the Building Safety Act

Also introduced in 2022, the Building Safety Act added a raft of new regulations for high-rise buildings. These included:

• A Building Safety Regulator (BSR) to oversee construction safety.

• A three-step (planning, pre-construction, and completion) gateway approval process.

• The appointment of an individual legally responsible for understanding and mitigating fire and structural risks.

• The development of a Golden Thread approach - building information must now be stored and updated across the building's entire lifespan.

Consequences and impact on construction professionals

The new regulatory mechanisms in the Building Safety Act will pose unique challenges for the construction industry. In particular, the three-step gateway approval process and the Golden Thread information log will mean significant changes to construction processes and documentation.

Another consequence for industry professionals concerns material choice. Over the coming year, we expect the government to place a growing emphasis on product quality testing and certification for building materials. This will help developers design and construct buildings with approved materials that are safe, insurable and hold their value.

Enforcement and non-compliance

The BSR will form part of the Health and Safety Executive (HSE). As the building regulator, it will have a raft of regulatory and enforcement powers that industry professionals must be aware of. For instance:

• Prosecuting directors, managers, and other individuals when a corporate entity commits an offence with that person's consent.

• Prosecuting non-compliance with building regulations - the time limit for prosecution was extended from one to ten years.

• Issuing unlimited fines or requesting prison sentences of up to ten years.

• Issuing compliance notices and setting final dates to fix non-compliance issues.

• Issuing stop notices, halting construction work until non-compliance issues are rectified.

Bringing it all together

"The amendments that came into force on December 1, 2022, were long overdue, and the importance of de-risking against significant future remediation costs and / or the serious consequences of non-compliance for all those involved, cannot be overstated"

points out Calvin Dalrymple, Specification Manager at RYNO.

Speak to RYNO on the ever-evolving fire remediation and non-combustibility regulations, how they affect balconies and terraces, or dive into one of their large-scale remediation projects.