What next for the construction industry after the Grenfell Tower Inquiry?
The Grenfell Tower Inquiry has made significant recommendations to the construction industry, which focus on a range of new procedures and regulations that cover building, fire performance testing and contracting, plus recommendations around the roles of government, local government, architects, contractors and the fire service. Rubin Italia in B P Collins’ dispute resolution team, who acted for a core participant in the Grenfell Inquiry, briefly explores what is next for the sector.
Regulation and the Regulatory Regime
Before the inquiry, there were five government departments responsible for different regulatory aspects including Building Regulation, Products Regulation, Building Control and Enforcement as well as Testing and Certification Services. The inquiry concluded that oversight for all these matters should be the responsibility of one independent regulator. However, whether a more centralised approach to decision making will make matters safer is, as yet, unclear.
Fire Safety and Advice
The inquiry recommended that building control approval should only be obtained after a Fire Safety strategy has been undertaken by a registered fire engineer. Whilst necessary, there is likely to be an added cost to the build as there needs to be systems in place to ensure that these individuals are suitably qualified.
Fire Performance Testing and Certification
Building product manufacturers were criticised by the inquiry for using, “…misleading marketing material, in part, because the certification bodies that provided assurance to the market of the quality and characteristics of the products failed to ensure that the statements in the certificates they issued were accurate and based on appropriate and relevant test evidence.”
The inquiry also indicated that the industry had been testing the fire performance of external cladding on a small scale using BS8414.
Its recommendation to solve both issues is to develop and use new testing methods in conjunction with professional and academic communities.
Architects
The insulation and panel choices made by the architects involved in the design and refurbishment of Grenfell Tower were found to be lacking by the inquiry, however, evidence showed that similar materials have been used on hundreds of high-rise panels across the country. Moving forward, the inquiry has recommended that an application for building control approval be supported by a statement from a senior manager or principal designer from the architect firm involved, to ensure that all reasonable steps have been taken to ensure that on completion, the building and its design adheres to more new, stringent regulations.
Sub-contracts
Subcontracting work is common in the building industry, however, the Grenfell inquiry found that it was unclear which contractor was dealing with which aspect of the build, including its design and fire safety. As a result, the inquiry has recommended the introduction of a licensing scheme specifically for contractors wishing to undertake work on higher-rise buildings and that the director/senior manager from the Principal Contractor has to take all reasonable care to ensure that on completion and handover, the building is as safe as is required by the building regulations.
Conclusion
The inquiry’s recommended systems, procedures and proposed new regulations have been designed to prevent another Grenfell tragedy. With an increasing demand for more housing across the country, there is an opportunity for all stakeholders involved in the construction sector to work together to create an environment that ensures safe and sustainable housing in the future.
Rubin Italia is a senior associate in B P Collins’ Dispute Resolution practice, who acted for a core participant in the Grenfell Inquiry. For advice on your commercial or personal disputes, please email [email protected] or call 01753 889995
