In this quarterly update, we aim to summarise the latest publications and round up developments in Building Safety news since our June 2024 update.
1. Publication of the Grenfell Tower Inquiry Phase 2 Report
On 4 September 2024, the Grenfell Tower Inquiry published its Phase 2 report. The Government says it "will carefully consider its recommendations, to ensure that such a tragedy can never occur again". A copy of the report can be downloaded here.
DACB's commentary can be found here.
DACB's further commentary on Construction Products is here.
2. Latest amendments to Approved Document B (Fire Safety) published on 2 September 2024
There are three main updates.
(1) From 2 March 2025, provision of sprinklers in all new care homes will be required, irrespective of height.
(2) Currently, Approved Document B operates a dual system for reaction to fire and roofs and fire resistance testing for construction products. From 2 March 2025, reference to the National Classes (BS 476) for reaction to fire will be removed, in favour of the European Standard (BS EN 13501 series), which will become the sole route of specification within Approved Document B for reaction to fire and roofs classifications. The same change will be made for fire resistance classifications on 2 September 2029.
(3) From 30 September 2026, a second common staircase will be required in all new buildings with a top storey of 18m or more in height.
3. Waking Watch Replacement Fund 2023
On 2 September 2024, the Government announced the Waking Watch Replacement Fund 2023 would re-open for new applications until 31 December 2024. A further £2 million has been provided to fund the installation of common alarm systems to replace waking watch measures in all residential buildings where a waking watch is currently in place, regardless of where the costs of the waking watch fall.
4. Building control practice guidance
On 22 August 2024, the Government published guidance for local authorities, registered building control approvers, and persons carrying out building work. The guidance provides advice on cancellation notices in different circumstances, where the project may need to revert to the local authority and/or where another registered building control approver may be appointed.
5. Amendments to the Building Safety Act 2022 were enacted through the Leasehold and Freehold Reform Act 2024
The Government has issued guidance on the measures which came into on 24 July 2024, in particular the ability for Right to Manage organisations (RTMs / RMCs) responsible for management of the building to apply for a Remediation Contribution Order to split the cost of litigation among leaseholders. This is a limited exemption to the leaseholder protections under the Building Safety Act which otherwise protect qualifying leaseholders from freeholders passing on the costs of litigation.
6. Professional codes and standards published for registered building inspectors
The codes and standards that registered building inspectors must follow were published by the Health and Safety Executive on 7 July 2024 and can be found here.
DAC Beachcroft has a dedicated building safety team with extensive experience advising all stakeholders on how best to prepare for, manage and mitigate the implications of the Building Safety Act and associated legislation. As well as proactive advice on how the legislation affects commercial interests, we help our clients navigate the risks in procurement and contract management, legacy claims, extended exposures under the Act, construction products, commercial disputes and insurance issues. We also offer bespoke training on how the Building Safety Act impacts across the industry.
