Government announces ‘immediate’ establishment of building safety regulator

News20 Jan 2020Sarah Williams

A new building safety regulator will be established immediately within the Health and Safety Executive (HSE), the Ministry of Housing, Communities and Local Government (MHCLG) has announced.

Jenrick: new regulator will be established in shadow form immediately (picture: Chris McAndrew)

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The HSE will begin to establish the new regulator “in shadow form immediately”, government said, ahead of a full implementation following legislation.

Government said that the HSE has a “strong track record of working with industry and other regulators to improve safety”, and would draw on its expertise and the capabilities of other regulators to implement the new regime.

Dame Judith Hackitt, who led the government review of building regulations and fire safety, will chair a board to oversee the transition.

The new regulator is intended to “raise building safety and performance standards”, with responsibility for:

implementing a new regulatory regime for higher-risk buildings
overseeing the wider system for regulating safety and performance of other buildings
increasing the competence of relevant regulators and industry professionals

The regulator will also appoint a chief inspector of buildings and recruit inspection staff, the government said.

The announcement was accompanied by a package of other safety-related measures, including “clarified and updated advice” to building owners, with a focus on external wall systems.

The consolidated guidance includes “updated and incorporated” advice on the assessment of non-aluminium composite material (ACM) external wall systems – previously covered by Advice Note 14 – with government stating that “some of the advice within the previous published notes has been condensed to make it clearer”.

It also emphasises that building owners “must do more to address safety issues on buildings under 18m”.

The government said that it would also publish a call for evidence to seek views on the assessment of risks within existing buildings.

It said that this process would lead to research that will “provide a firm evidence base to guide decisions for both existing buildings and future regulatory regimes”.

Name and shame

Meanwhile, housing secretary Robert Jenrick said that he would “publicly name building owners where action to remediate unsafe ACM cladding has not started”.

“There can be no more excuses for delay. I’m demanding immediate action,” he said.

The government said that building owners are responsible for ensuring their buildings are safe, and where there is “no clear plan for remediation [it] will work with local authorities to support them on their enforcement options”.

MHCLG said that it would take steps to speed up the remediation of buildings in the private sector, including the appointment of a “construction expert” to review timescales and identify what can be done to improve pace.

It also pointed to potential further funding or financial assistance, stating: “To ensure cost is not a barrier to remediation, the government is considering different options to support the remediation of buildings.

“We are examining options to mitigate costs for individuals or provide alternative financing routes.”

Tall building threshold

The government said it has also launched a consultation on the combustible cladding ban, which currently applies to buildings over 18 metres, including proposals to “lower the threshold to at least 11 metres”.

The government has also set out further details on the upcoming Fire Safety Bill, to be introduced to parliament.

It said: “This will clarify the Regulatory Reform (Fire Safety) Order 2005 – ‘the Fire Safety Order’ – requiring residential building owners to fully consider and mitigate the risks of any external wall systems and front doors to individual flats.

“The changes will make it easier to enforce where building owners have not remediated unsafe ACM by complementing the powers under the Housing Act.”

Commenting on today’s announcements, Mr Jenrick said: “The government is committed to bringing about the biggest change in building safety for a generation.

“Progress on improving building safety needs to move significantly faster to ensure people are safe in their homes and building owners are held to account.

“That’s why today I’m announcing a major package of reforms, including establishing the building safety regulator within the Health and Safety Executive to oversee the new regime and publishing consolidated guidance for building owners.

Martin Temple, chair of the Health and Safety Executive, added: “HSE’s vast experience of working in partnership with industry and others to improve lives will ensure people are confident the creation of the new regulator is in good hands.”