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Fire chiefs express disappointment at tweak to safety rules on building height threshold
Fire chiefs have expressed “disappointment” at a subtle change in building safety measures which will see some buildings fall outside the scope of the new safety regime.
The government has used a threshold of 18m or six storeys (whichever comes first) as the line for the introduction of a number of measures – including funding to remove dangerous cladding and the planned introduction of ‘building safety managers’ recommended by Dame Judith Hackitt.
But in changes announced at the start of this month, the wording was altered to 18m or ‘more than’ six storeys.
The National Fire Chiefs Council (NFCC), which has been a key advisor to government on its post-Grenfell response, warned that this would eliminate a number of potentially at-risk buildings.
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The 18m threshold was in place before Grenfell, as the line at which some measures on combustible facades kicked in and the organisation – which represents fire chiefs in England – said it was aware buildings had been built to narrowly below this line to avoid the rules.
Nick Coombe, building safety programme lead at the NFCC, said: “NFCC are disappointed that the scope of the new regime has departed from the intention laid out in consultation. The change from 18m or six storeys whatever comes first to 18m – or ‘more than’ – six storeys (effectively seven storeys) has missed the opportunity to address existing risk.
“We know there are residential buildings out there which have been constructed around the measuring thresholds in approved guidance in order to avoid certain safety measures. For example, those which have commercial at the ground floor but are only six storeys due to the double height of the ground floor, will fall just short of the threshold. NFCC is disappointed at these lost opportunities.”
Mr Coombe also expressed concern that mixed-use buildings would fall under different safety regimes – with commercial parts of the building governed by separate legislation.
He said the NFCC would have preferred a “holistic approach” that takes into account the entire building.
He said: “NFCC believe that there should be a holistic approach to buildings in scope ie that there is a whole building approach to safety. The current policy, as we understand it, is that some of the new requirements will only apply to the residential parts of buildings in scope, and the [fire safety order] will still apply to the non-residential parts. The Housing Act will still apply to the domestic premises, meaning there will be three pieces of legislation governing the safety of the building instead of two.
“NFCC are concerned that the safety case regime, which needs to include structural safety, will not apply to the non-residential parts of these buildings. It may therefore be difficult to get a holistic approach to safety, especially where the commercial parts are on the ground floor. The building safety manager will not have any power in these parts of the buildings, again leading to a lack of cohesion in the safety of the building and its occupants.”
A spokesperson for the Ministry for Housing, Communities and Local Government said: “The government is bringing about the biggest change in building safety for a generation and we’re supporting industry in ensuring homes are safe, backed by a £1 billion fund for removing unsafe cladding from high-rise buildings.
“We have committed to extending the scope of the new regime, including to other high-risk premises based on any emerging fire risk evidence, and are currently gathering more evidence on fire safety to inform this.”
The spokesperson stressed that the government intends to introduce "duties of co-operation" between responsible persons for mixed use buildings.
