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Government proposes changing legislation to enforce combustibles ban for high rises

The government has proposed legislation to ban the use of combustible materials anywhere within the wall of a high-rise building, with potentially unlimited fines for breaches.

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Government proposes changing legislation to enforce combustibles ban for high rises #ukhousing

MHCLG publishes report detailing proposal to ban combustibles on high rises #ukhousing

A consultation document fleshing out last month’s surprise proposal to ban combustible materials on high rises was published by the Ministry of Housing, Communities and Local Government today.

Currently building regulations allow the external surfaces of walls on high rises to be ‘Class 0’ rated materials and insulation to be ‘limited combustibility’. Alternatively, combustible materials can be used if they pass a fire safety test.

Today the government proposed amending legislation to implement a total ban on combustible materials in the walls of high rises in all buildings over 18m.


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It follows Dame Judith Hackitt’s review of building regulations, which did not recommend a ban on combustibles but did identify the need for sweeping changes in the construction industry.

The document said: “Reform of the scale envisaged by Dame Judith will take time and the government, in response to public concern, considers that in addition to longer-term reform there is also a case for immediate action in relation to external fire spread.

“Dame Judith also indicates that when choosing between products that are non-combustible or of limited combustibility and products undergoing full-scale system tests, the lower risk option is to use products that are non-combustible or of limited combustibility.”

The document proposed an amendment to the Building Regulations 2010 to introduce the ban at statutory level rather than through guidance, with non-compliance punished through prosecution and potentially unlimited fines.

In a costings assessment, the government said the ban would likely add £25,000–£75,000 to the cost of renovating a 15-storey high rise, and a total cost of £7.5m across the country.

It said there are typically 650 to 850 jobs of this type per year, but noted that many are already opting for non or limited combustibility materials even ahead of the ban.

It is not proposed that the ban apply retrospectively to existing buildings, but it would apply where work has been planned but not yet begun on site.

It also said the ban should apply to the entire wall of buildings above 18m, despite the fact that Dame Judith’s report only considered buildings of more than 10 storeys. Current regulations apply to buildings of above 18m, but only the parts of the wall from 18m up.

It would apply to residential buildings, including student housing, but not other buildings such as hotels and hospitals.

The consultation said materials with European classifications of A1 and A2 would be permitted under the ban, which it said would introduce a system “in line with many other EU member states and in Scotland”.

It said the ban would cover “the complete wall assembly, including the inner leaf, insulation and the facade or cladding which provides the outermost layer of the external wall”. It suggested this should apply to balconies and window spandrels which have also contributed to fire spreads in the past.

It suggested exemptions only for materials such as “internal wallpaper and paint, window frames, gaskets and seals, vapour membranes, surface finishes and laminated glass”.

The current system has seen the widespread use of combustibles on many high-rise buildings. Industry bodies including the Royal Institute of British Architects have called for a ban since the Grenfell Tower fire.

Inside Housing’s Never Again campaign calls on the government to fully ban combustibles on tall buildings.

More on the Hackitt Review

More on the Hackitt Review

The Hackitt Review: key recommendations at-a-glance Inside Housing breaks down the key areas of the final report from Dame Judith Hackitt’s review of building regulations

Brokenshire: government will consult on banning combustible cladding The housing secretary announces a consultation despite the Hackitt Report findings

Dame Judith Hackitt: the interview Dame Judith Hackitt spoke to Inside Housing shortly after releasing her much-anticipated review of building regulations

Final Hackitt report calls for new regulatory body but does not ban combustibles Dame Judith Hackitt has called for a regulatory body to be set up to oversee the safety of buildings, but has stopped short of a prescriptive approach or the banning of dangerous cladding.

Grenfell survivors ‘saddened and disappointed’ by Hackitt report Reaction to Hackitt’s findings decision to ignore calls for a ban on combustible cladding

The ‘Class 0’ debate explained

The ‘Class 0’ debate explained
  • Since the Grenfell Tower fire, the government has insisted that its official guidance, Approved Document B, required cladding panels to be of ‘limited combustibility’. But many industry figures disagree, saying that the standard the guidance set was ‘Class 0’ or ‘Euroclass B’.
  • Approved Document B sets limited combustibility as the standard for ‘insulation materials/products’ in paragraph 12.7. It sets Class 0 or Euroclass B as the standard for ‘external surfaces’ in paragraph 12.6.
  • Paragraph 12.7 says that “insulation product, filler material etc” must be of limited combustibility. In a letter to social landlords on 22 June, the government said that the word ‘filler’ in this context covered the plastic in between the aluminium sheets in the cladding.
  • But experts have disputed this view, pointing out that the cladding itself does not have an insulation function.
  • The cladding used on Grenfell was certified to Class 0 and so would apparently have met the official standard for external walls.
  • This debate remains crucial in assessing the liability for the removal of cladding, much of which is also rated Class 0, from hundreds of tower blocks nationwide.

Never Again campaign

Never Again campaign

In the days following the Grenfell Tower fire on 14 June 2017, Inside Housing launched the Never Again campaign to call for immediate action to implement the learning from the Lakanal House fire, and a commitment to act – without delay – on learning from the Grenfell Tower tragedy as it becomes available.

One year on, we have extended the campaign asks in the light of information that has emerged since.

Here are our updated asks:

GOVERNMENT

  • Act on the recommendations from Dame Judith Hackitt’s review of building regulations to tower blocks of 18m and higher. Commit to producing a timetable for implementation by autumn 2018, setting out how recommendations that don’t require legislative change can be taken forward without delay
  • Follow through on commitments to fully ban combustible materials on high-rise buildings
  • Unequivocally ban desktop studies
  • Review recommendations and advice given to ministers after the Lakanal House fire and implement necessary changes
  • Publish details of all tower blocks with dangerous cladding, insulation and/or external panels and commit to a timeline for remedial works. Provide necessary guidance to landlords to ensure that removal work can begin on all affected private and social residential blocks by the end of 2018. Complete quarterly follow-up checks to ensure that remedial work is completed to the required standard. Checks should not cease until all work is completed.
  • Stand by the prime minister’s commitment to fully fund the removal of dangerous cladding
  • Fund the retrofitting of sprinkler systems in all tower blocks across the UK (except where there are specific structural reasons not to do so)
  • Explore options for requiring remedial works on affected private sector residential tower blocks

LOCAL GOVERNMENT

  • Take immediate action to identify privately owned residential tower blocks so that cladding and external panels can be checked

LANDLORDS

  • Publish details of the combinations of insulations and cladding materials for all high rise blocks
  • Commit to ensuring that removal work begins on all blocks with dangerous materials by the end of 2018 upon receipt of guidance from government
  • Publish current fire risk assessments for all high rise blocks (the Information Commissioner has required councils to publish and recommended that housing associations should do the same). Work with peers to share learning from assessments and improve and clarify the risk assessment model.
  • Commit to renewing assessments annually and after major repair or cladding work is carried out. Ensure assessments consider the external features of blocks. Always use an appropriate, qualified expert to conduct assessments.
  • Review and update evacuation policies and ‘stay put’ advice in the light of risk assessments, and communicate clearly to residents
  • Adopt Dame Judith Hackitt’s recommended approach for listening to and addressing tenants’ concerns, with immediate effect

CURRENT SIGNATORIES:

  • Chartered Institute of Housing
  • G15
  • National Federation of ALMOs
  • National Housing Federation
  • Placeshapers

 

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