5. Statement by the Minister for Housing and Local Government: Update on Building Safety

Part of the debate – in the Senedd at 3:35 pm on 22 October 2019.

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Photo of Julie James Julie James Labour 3:35, 22 October 2019

I've already committed to consult on making the fire and rescue service a statutory consultee on relevant planning applications. This will ensure fire safety issues are fully considered at this early stage, and make the service aware of changes in local fire risk at the earliest opportunity. This goes beyond high-rise buildings, and, subject to consultation, could include other purpose-built flats. Extensive low-rise developments can also raise issues of access for fire appliances and water supplies.

Amendments to the current building regulations in order to ban the use of combustible cladding materials, making it clear what cladding is acceptable on high-rise residential buildings, are also in hand. I would expect these amendments to be laid by Christmas, following clearance. We will not tolerate cladding that falls below acceptable standards and increases risk to residents.

To ensure practical short-term improvements to current working arrangements, my officials have further engaged with key partners to improve communication and better understand current roles and duties. We are working with the Welsh Local Government Association and the Directors of Public Protection Wales to identify further support for local authorities to ensure residents in high-rise residential buildings receive the necessary checks. This will maintain a safe living environment and should help rebuild confidence following the tragedy at Grenfell Tower.

This programme of comprehensive reforms will put greater emphasis on buildings over 18m, or seven storeys, in height. Fire safety in blocks of flats depends critically on maintaining compartmentalisation—the ability of the structure to contain a fire in the area in which it originates. If that fails, as it did at Grenfell, then the consequences, as we know, can be really dire. The risks presented by inadequate compartmentation are especially high in taller buildings, given the added challenges of escape or rescue. Therefore, it is right and proper that there are more requirements on how these buildings are designed and constructed and how they are managed when in occupation.

My commitment to improving fire safety does not only apply to those living in high-rise residential buildings, though. My intention is for legislation to be flexible enough to include other buildings in the future, should the evidence lead us to consider it necessary. A one-size-fits-all system does not reflect the range and complexity of the system we are trying to fix.

As part of the reforms, I am looking to make significant changes to the Regulatory Reform (Fire Safety) Order, commonly known as the fire safety Order, to lighten the system for occupation of buildings. Sorry, Llywydd—to tighten the system, not lighten it; to tighten the system for occupation of buildings. I am minded to extend many of these changes to other buildings containing multiple dwellings and a common area. Areas I will be looking to address when reforming the fire safety Order include bringing clarity to the parts of buildings covered by the regime, including in particular the safety-critical boundaries between common areas and dwellings and the outside walls of buildings; clarifying who the responsible person should be and their role, including legal liability, regarding continual fire safety management; and making fire-risk assessments more robust. New requirements could include a fully qualified and experienced person carrying out assessments at specified intervals, and for the results to be documented and available on request to residents, regulators and others.

We will also explore specific duties around preserving compartmentation, which is vital to fire safety in any multi-dwelling premises. Such duties could apply to residents and contractors, as well as landlords and managing agents. We will also consider specific duties around raising the alarm, fire suppression, means of escape, and facilities for firefighters. The current arrangements for inspection, enforcement and sanctions will also be reviewed.

During the design and construction phase of residential buildings above 18m, a heightened inspection regime will be introduced, with hard stop points. Where problems are identified, progression to the next stage of construction will halt until the issues are addressed. There will also be additional building requirements to improve fire safety. These measures will increase transparency and help rebuild the public’s confidence in the system.

I'm also looking at ways to ensure managing agents are registered to support best practice, and stamp out rogue operators. An initial voluntary accreditation scheme for managing agents will generate evidence to inform the creation of a mandatory system. At occupation phase, there will be a requirement to register duty holders for homes of multiple occupancy, and set new requirements for duty holders for residential buildings over 18m in height to be licensed. 

Of course, these changes will improve matters for the future. But, over the past few months, a number of serious building safety defects in existing high-rise residential buildings have been brought to my attention. Newly identified fire risks are becoming apparent as buildings are undergoing detailed inspections following the fire at Grenfell Tower two years ago. I have been consistent in my message that the taxpayer cannot foot the bill for failures in the design or construction of private sector residential buildings. Building owners and developers should face up to their moral responsibility and put right these faults, or risk their professional reputation. However, I know many leaseholders have been frustrated by the lack of action and left distressed at the bills many face to fix the issues.

This Government has long held that sprinklers are the single most effective way to help protect people and property in the event of a fire. I'm therefore exploring how we might build on the foundation laid by our world-leading 2016 legislation that ensures all new and converted homes in Wales are fitted with sprinklers, and promote retrofit of sprinklers in more existing buildings. I have asked officials to examine the potential to develop a new low-cost loan scheme to support the retrofitting of sprinklers in existing blocks of flats within both the private and public sectors, and I will announce further detail of that in due course.

This is complex work and has required time to reflect on the variety of different professional opinions and potential policy proposals. It is vital that we get this right as the legislative changes will be complex, covering at least three key pieces of legislation. I am confident we can meet the targets set out in my published timetable and, importantly, that they will deliver on our commitment to reform the system for the better. Diolch.