On 4 September 2024, the Grenfell Inquiry Phase 2 report was published. Although since the Grenfell fire in 2017, we have seen significant changes to building safety laws, processes and procedures within the industry, the messaging coming out from the report is clear: there are many more further changes to come in the UK construction industry and more we can learn from the lessons Grenfell has taught us. The bottom line is that the changes which have already been implemented simply do not do enough.
The report contains 58 recommendations of transformative changes across the industry at all levels. Some of the key changes in the construction industry are summarised below:
- A new construction regulator which is to be a single independent body, reporting to a single Secretary of State which are to be a focal point in driving change in the industry.
- A new Chief Construction Adviser “with a sufficient budget and staff to be able to provide advice on all matters affecting the construction industry”.
- A review of the definition of “Higher Risk Buildings” (HRB) in the context of the Building Safety Act 2022 (BSA) as HRBs are currently very broadly defined considering mainly height. The report recommends this definition be reviewed and amended, as defining a building as “higher-risk” by considering only its height is “essentially arbitrary in nature”. The report suggests that this review should be undertaken “urgently” so we may see some change soon.
- Among the powers of the new construction regulator will be the responsibility for “assessing the conformity of construction products with the requirements of legislation, statutory guidance and industry standards and issuing certificates as appropriate.” These newly issued certificates will be superior to other construction product certification schemes.
- Another of the powers of the new construction regulator will be to introduce and manage a licencing scheme for any principal contractor who are looking to undertake construction or refurbishment on HRBs.
- There is to be a change to Gateway 2 Building Safety Act applications for building control approval. Going forward, these applications should be supported by “a statement from a senior manager of the principal designer … that all reasonable steps have been taken to ensure that on completion the building as designed will be as safe as is required by the Building Regulations”, and also by “a personal undertaking from a director or senior manager of the principal contractor to take all reasonable care to ensure that on completion and handover the building is as safe as is required by the Building Regulations”.
Many of the recommendations contained in the report are aimed at combatting recurring themes that run through the report but the key take away is that “shortcomings in the construction industry were far more extensive than previously envisaged”. It is highly likely that the industry as a whole, as well as the ‘hot issues’ flagged in the report, will see increased scrutiny and further changes in the near future.
Many changes will take a while to filter through, for example, supplementary legislation, but there are some ‘quick fix’ changes which we may see coming through in the near future. Those involved in the industry need to be prepared for a period of uncertainty and change as we see potential legislative changes, wide-spread training and a shift in behaviours and attitudes.
Should you wish to discuss any of the issues raised in this article, please contact Chloe Orledge.
