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Government encourages councils to use powers to sidestep combustibles ban

The government has been accused of “abdicating responsibility” after it encouraged local authorities to circumvent the ban on combustible materials in certain circumstances, Inside Housing can reveal.

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The government has been accused of “abdicating responsibility” after it encouraged local authorities to circumvent the ban on combustible cladding #ukhousing

Sarah Jones, Labour’s housing minister, criticised government for encouraging councils to use a “loophole” to get around the ban on combustible cladding #ukhousing

A circular email sent to members of the Association of Safety and Compliance Professionals – seen by Inside Housing – shows the Ministry of Housing, Communities and Local Government (MHCLG) suggesting that councils use powers to sidestep new regulations around combustible materials on a “case-by-case basis”.

The advice has been criticised by shadow housing minister Sarah Jones, who accused the government of making up “policy on the hoof” and “pushing local authorities towards a potential loophole in its own legislation”.

MHCLG’s note was issued in response to fears by boiler manufacturers that the ban would inadvertently prevent boilers from being replaced on high-rise buildings.

The combustibles ban was brought in last year after widespread public outcry over Dame Judith Hackitt’s decision to not recommend a ban on combustible cladding in her post-Grenfell review of building regulations.


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It prevents any combustible materials from being used on the outside of buildings, leading to concerns among boiler manufacturers that this could apply to combustible boiler flues on walls.

Section 8 of the Building Act states that any public body can dispense with any requirement of building regulations if they consider it “unreasonable”.

MHCLG’s advice, which was sent to councils a few weeks ago, said local authorities should think about using this power “on a case-by-case basis where it is considered that the requirements would be unreasonable in a particular circumstance”.

The government is currently reviewing the combustibles ban and issued this guidance as an interim measure.

Ms Jones said: “This is another example of the vague and inconsistent guidance from government which means hundreds of buildings are still wrapped in flammable cladding two years after Grenfell.

“There are big question marks over how open-ended this loophole could be and the unintended consequences this guidance could create.”

The government’s advice also said: “It may be possible that gas boilers with plastic flue components could be considered in particular cases where the local authority is satisfied that the fire risk to the building is very low and alternative heating solutions would result in unreasonable hardship for consumers.

“Local authorities must be reminded that any building work should not compromise wider building safety.”

MHCLG confirmed that the advice seen by Inside Housing is accurate and a spokesperson added: “While the government has banned combustible materials on new high-rise residential buildings, we have committed to keeping the ban under review.”

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