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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.
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.
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.
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
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
LOCAL GOVERNMENT
LANDLORDS