They make provision about the register of higher-risk buildings held by the building safety regulator.
Building and Fire Safety
2023
March
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Further reading -
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The Government announces those developers who have signed the developer remediation contract, and those who have yet to do so.
Further reading -
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The Government announces funding of £42m to support recruitment and training of Building Control Inspectors and Fire Inspectors working with the Building Safety Regulator.
Further reading- £16.5m grant to Local Authority Building Control (LABC), the representative body for local authority building control in England and Wales;
- £26m to support the Fire and Rescue Services in England and the National Fire Chiefs Council.
February
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Greater London Authority requires 2 staircases for residential buildings over 30 metres
The Greater London Authority has announced that, with immediate effect, all planning applications which involve residential buildings over 30 metres in height will need to be designed to provide for two staircases before they are referred to the GLA at Stage 2 for the Mayor’s decision. This aligns with the Government's proposals made in its Consultation issued back in December 2023.
Further reading:
- Statement regarding fire safety and tall buildings
- Open consultation: Sprinklers in care homes, removal of national classes, and staircases in residential buildings
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The Architects Registration Board has launched a public consultation on its proposals to change the current regulatory framework, to ensure that architects on its UK register are competent.
It intends to require two accredited qualifications to support flexibility and expand access to the profession. The consultation closes on 10 May 2023.
January
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The Government has set a six-week deadline for developers to sign the legal agreements (relating to the Building Safety Pledge) and is warning that companies who fail to sign and comply with the terms of the contract will face significant consequences.
Legislation will be brought forward in the spring giving the Secretary of State powers to prevent developers from operating freely in the housing market if they fail to sign and comply with the remediation contract, pursuant to s128 (Prohibition on development for prescribed persons) of the Building Safety Act 2022.
Further reading:
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Response published to parts of the Government’s Consultation on Part 4 of the Building Safety Act, relating to key building information and parts of a building
Related to this, the draft Higher-Risk Buildings (Key Building Information etc.) (England) Regulations 2023 have been laid before Parliament and are to be debated. They are intended to come into force on 6 April 2023.
Further reading:
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The Fire Safety (England) Regulations 2022 are now in force, as at 23 January 2023
These regulations include requirements for wayfinding signage, a secure information box to be installed in the building and for various plans and information to be placed within the box and for fire-fighting equipment to be regularly inspected, within high-rise residential building. They also require certain information to be supplied to fire and rescue authorities.
Further reading
2022
December
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Consultation proposal on options to recommend a maximum height threshold for the use of one staircase in blocks of flats and to recommend sprinklers in care homes, remove national classifications from Approved Document B
Further readingOne of the key proposals is for residential buildings above 30 metres in height to be designed and built with 2 staircases; with the possibility that this requirement may be implemented on short notice. The Consultation will run for 12 weeks, to 17 March 2023.
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Outcome of Government’s consultation on Higher Risk Buildings (Descriptions and Supplementary Provisions) Regulations published
Further readingThe Regulations complete the definition of higher-risk building.
Only 101 responses were received. Some changes have been made to the Regulations as a consequence of the responses received.
The Regulations will need to be approved by both Houses of Parliament. If approved, the Regulations will be made and come into force in early 2023.
November
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A pilot of the new Medium-Rise Scheme has been launched
Further readingFor medium rise blocks (11 to 18 metres), where a responsible developer cannot be identified, access to funding is being made available to pay for external wall system repairs and mitigations. The pilot will start with a small group of buildings that have interim or simultaneous evacuation measures in place.
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The Department for Levelling Up, Housing and Communities opens a Consultation on the design and implementation of the Building Safety Levy
Further readingThe levy is intended to be paid by developers and charged on new residential buildings requiring building control approval in England (with a potential exception for qualifying smaller builds), for the purpose of meeting a £3billion shortfall relating to building safety expenditure over the next 10 years.
The Consultation will last for 10 working weeks, ending on 7 February 2023.
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The Building Safety Act 2022 (Commencement No. 3 and Transitional Provision) Regulations 2022
Further readingThe Building Safety Act 2022 (Commencement No. 3 and Transitional Provision) Regulations 2022 are made on 18 November 2022.
The third set of commencement regulations have now been issued under the Building Safety Act 2022. The Regulations bring into force, from 1 December 2022, sections of the Act relating to the building safety regulator’s duties to:
- assist specified groups in the improvement of building safety;
- establish a building advisory committee; and
- establish and maintain a committee of residents of higher-risk buildings to advise it on its functions.
There are transitional provisions.
October
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HSE launches a new Consultation on the latest version of the Building Control Competence Framework (BICoF)
Further reading- All building control professionals (regardless of whether or not they work on higher-risk buildings) will have to register with the Building Safety Regulator (HSE), demonstrating their competence.
- The Consultation closes on 9 December 2022.
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Consultations closed
- Implementing the new building control regime for higher-risk buildings and wider changes to the building regulations for all buildings (relating to Part 3 of the BSA)
- The new safety regime for occupied higher-risk buildings (relating to Part 4 of the BSA).
Further reading- Consultation on the new safety regime for occupied higher-risk buildings
- Consultation on implementing the new building control regime for higher-risk buildings and wider changes to the building regulations for all buildings
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HSE updates its website, advising that it will become the new building control authority for higher-risk buildings from October 2023
Further readingThis suggests that the earliest time for the new building control regime to come into force will be October 2023, with the 6 months’ transitional provisions applying thereafter.
September
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The Financial Conduct Authority issues its report
Further readingThe Financial Conduct Authority issues its report on reforms for the multi-occupancy buildings insurance market, examining the causes of insurance premium and commission increases and considering the range of potential action that the Government and industry could take to address them.
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The Department for Levelling Up, Housing and Communities challenges the Association of British Insurers (ABI) and British Insurance Broker’s Association (BIBA) to address serious concerns
Further readingThe Department for Levelling Up, Housing and Communities challenges the Association of British Insurers (ABI) and British Insurance Broker’s Association (BIBA) to address serious concerns regarding:
- significant increases to insurance premiums and commissions earnt by insurance brokers, and
- the reported practice of insurance brokers sharing commission with building owners and managing agents.
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New Guidance published by the Government
Further readingInformation for leaseholders and other residents on fire safety and remediation of historic building safety defects. It includes guidance on who is responsible for paying for the remediation works.
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Government publishes new guidance
Further readingBuilding Safety Fund for new applications (2022): A guide for leaseholders and residents. It provides guidance on how the adapted 2022 building safety fund process works.
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Government publishes its 58th monthly data release from its Building Safety Programme
Further readingData published includes the percentage of high-rise residential and publicly owned buildings in England which either have completed or started remediation work to remove and replace unsafe Aluminium Composite Material (ACM) cladding.
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Government publishes building Safety Fund guidance and data
Further readingBuilding Safety Fund guidance and data on the number of Building Safety Fund registrations received from the private sector and social sector and the total amount of funding allocated for the remediation of non-Aluminium Composite Material cladding.
August
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The Building Safety Act 2022 (Commencement No. 2) Regulations 2022 are made on 31 August 2022
Further ReadingThese Regulations are the second commencement regulations under the Act, bringing into force sections 126-129 of the Act on 1 September 2022. This commences the powers relating to a scheme for developers and the prohibitions on developing land and building control which may be imposed on persons including on persons who are eligible to be a member of a scheme established under section 126 of the Act but who are not members.
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Seeking information on leaseholder-owned buildings above 11m or 5 storeys with relevant defects
Further ReadingConsultation opened seeking information on leaseholder-owned buildings above 11m or 5 storeys with relevant defects, to help inform government policy in determining how best to protect the leaseholders in such buildings from the impact of building safety defects. This is connected with the Government’s decision that the leaseholder protection provisions in Part 5 of the Building Safety Act should not apply to leaseholder-owned and commonhold buildings because leaseholders, in their capacity as freeholders, would still have had to pay to remedy the safety defects in their buildings.
The consultation closes on 14 November 2022.
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Explanatory notes
Further ReadingExplanatory notes to the Building Safety Act are published.
July
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New BS 8644 standard
Further Reading(relating to the digital management of fire safety information (to be used alongside ISO 19650) is published in final form on 31 July 2022.
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Building Safety Fund opens for new applications
Essential Reading: Our InsightFurther reading
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BSI publishes 3 new standards as part of its Built Environment Competence Standards programme
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Higher Risk Buildings Regulations
Further ReadingConsultation on proposed Higher Risk Buildings (Descriptions and Supplementary Provisions) Regulations which complete the definition of higher risk buildings for the new building safety regime closed on 21 July 2022
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Implementing the new building control regime for higher risk buildings
Further ReadingConsultation on implementing the new building control regime for higher risk buildings and wider changes to the building regulations for all buildings (relating to Part 3 of the BSA) is published on 20 July 2022.
Consultation closes on 12 October 2022
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The new safety regime for occupied higher risk buildings
Further ReadingConsultation on the new safety regime for occupied higher risk buildings (relating to Part 4 of the BSA) is published on 20 July 2022.
Consultation closes on 12 October 2022
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The Building Safety (Leaseholder Protections) (England) Regulations 2022 came into force on 20 July 2022
Further ReadingThese Regulations support the leaseholder protection provisions in Sections 116 to 125 of the 2022 Act, making provision in relation to remediation of certain defects in buildings over 11 metres in height (or of at least 5 storeys)
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The Building Safety Act 2022 (Commencement No. 1) (Wales) Regulations 2022
Further ReadingThese Regulations provide for Section 48 (Insurance: removal of requirements) of the 2022 Act to come into force in Wales on 28 July 2022.
June
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Certain Building Safety Act sections came into force 2 months after the enactment of the Act
Further ReadingSections 116 – 125 and Schedule 8, whereby qualifying leaseholders of buildings above 11metres or 5 storeys may pursue claims for remediation of certain defects causing a building safety risk of fire or building collapse.
Section 134 which incorporates a new section 2A (Duties relating to work to dwellings etc) into the Defective Premises Act 1972, to broaden the Act’s application to refurbishment or rectification works to a dwelling carried out by contractors.
Section 135 which incorporates a new section 4B into the Limitation Act 1980, creating special time limits for pursuing claims in respect of damage or defects in buildings.
Section 146 and Schedule 11 which sets out the statutory framework for the new construction products regulations, to apply to all construction products, not just those to higher-risk or residential buildings.
Sections 147 to 155, making manufacturers liable to those with a legal or equitable interest in dwellings for defective construction products and where such products have caused the dwelling to be unfit for habitation.
Sections 157 to 159, amending the Architects Act 1997, giving the Architects Registration Board new powers to monitor architect’s competence through a new competence system (CPD scheme) and ultimately giving the ARB rights to reprimand, fine, suspend or strike off architects failing to meet the standard.
By virtue of The Building Safety Act 2022 (Commencement No. 1, Transitional and Saving Provisions) Regulations 2022, Section 132 of the 2022 Act came into force on 28 June 2022, allowing certain persons to seek a court order for disclosure of information to establish which companies may be associated with the original companies responsible for the works; to potentially go on to seek a Building Liability Order against those associated companies where it is just and equitable to do so.
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The Government publishes its response to the review of the ban on the use of combustible materials in and on the external walls of buildings
Further ReadingAs a consequence, the Government will introduce the Building etc. (Amendment) (England) Regulations 2022 which will bring hotels, hostels and boarding houses within the scope of the Regs, banning metal composite materials used on Grenfell Tower, amending the list of materials exempted from the ban and changing performance requirements.
May
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The Building Safety Act 2022 (Commencement No. 1, Transitional and Saving Provisions) Regulations 2022
Further ReadingThese Regulations are the first commencement regulations made under the 2022 Act.
They provide for certain sections of the 2022 Act to come into force on 28 May, 28 June and 28 July 2022.
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The Fire Safety (England) Regulations 2022
Further ReadingThese Regulations were made on 17 May 2022 imposing obligations on responsible persons for the electronic supply of information to fire and rescue authorities relating to design and materials in external wall, floor plans and building plans as well as other obligations for residential buildings.
They’ll come into force on the 23 January 2023.
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The Fire Safety Act 2021 (Commencement) (England) Regulations 2022
Further ReadingSection 1 of the Fire Safety Act 2021 (Premises to which the Fire Safety Order applies) came into force on this date, also bringing into force remaining Section 3. Section 2 of the Fire Safety Act 2021 came into force 2 months after the 2021 Act was passed on 29 April 2021.
Further reading
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Building safety: remediation and funding - government response to the Select Committee reports
Further ReadingThis is the government’s response to the Levelling Up, Housing, and Communities Select Committee’s reports published on 26 April 2021 and 7 March 2022 following its inquiries into cladding remediation and building safety remediation and funding in England.
April
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The Building Safety Act receives Royal Assent
Essential Reading: Our InsightOn the 28 April 2022, the Building Safety Bill became the Building Safety Act 2022. Not all sections of the Act immediately came into force.
Further reading
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Cladding and insulation manufacturers
Further ReadingThe Secretary of State has written to the Construction Products Association and warned he will do whatever it takes to hold cladding and insulation manufacturers to account.
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Government publishes a list of developers who have pledged to commit to remediate life critical fire safety works in buildings over 11 metres
Further ReadingAs of 8 July, 48 developers have signed a pledge committing to remediate life critical fire safety works in buildings over 11 metres that they have played a role in developing or refurbishing over the last 30 years in England.
March
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Government response to proposal to remediate unsafe buildings over 11 metres
Further ReadingResponse to Home Builders Federation commitment to remediate fire safety defects
January
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New online service to track remediation of high-risk buildings
Further ReadingLeaseholders of buildings 18m and over with unsafe, non-ACM cladding can track the progress of Building Safety Fund applications.
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Inquiry launched into building safety funding and remediation
Further ReadingThe effectiveness of Government’s planned measures to address cost of unsafe cladding remediation will be examined by the Levelling Up, Housing and Communities Committee.
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Government announcements to industry to address cost of cladding remediation
Essential Reading: Our InsightSecretary of State gives developers a deadline of early March 2022 to agree a fully-funded plan of remediation for unsafe cladding, including for 11-18 m buildings.
2021
October
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4% residential property developer tax to apply from 1 April 2022
Further ReadingIt will apply to the largest residential property developers on profits made from UK residential property development.
September
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Residential property developer tax - Draft legislation published for consultation
Essential Reading: Our InsightDraft legislation to be included in Finance Bill 2021-22. Final details to be announced in Autumn Budget, 27 October 2021.
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Waking Watch Relief Fund applications further extended to 10 December 2021
Further Reading -
HSE guidance on safety case principles published
Further ReadingIn anticipation of the Building Safety Bill coming into operation in 2022, the Health and Safety Executive has proposed safety case principles for high-rise residential buildings to manage risk of fire spread and for reporting on fire and safety hazards.
August
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Planning Gateway one comes into effect
Further ReadingPlanning issues relating to fire safety must be incorporated in the development process of relevant high-rise residential building schemes.
July
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Report on requirements of ‘golden thread’ during the design and construction phase
Essential Reading: Our InsightBuilding Regulations Advisory Committee’s report discusses obligations of dutyholders in maintaining digital thread of information.
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Proposed timing for construction industry changes published
Further ReadingTransition plan forecasts Bill to receive Royal Assent mid-2022 with different provisions to take effect mid to late 2023 (within 12-18 months after Royal Assent).
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Draft Building Safety Bill published
Further ReadingGuidance on the role of dutyholders during the design and construction phase published with Building Safety Regulator overseeing high-rise residential buildings.
June
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’Golden thread’ of fire safety information for high rise residential buildings required from 1 August 2021.
Further ReadingPlanning Gateway one guidance published for a fire statement in planning applications for new and existing multi-residential dwellings and educational accommodation over 18 m in height to evidence fire safety considerations at planning stage.
May
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Planning Gateway one for building safety announced
Essential Reading: Our InsightNew planning requirements for high-rise residential buildings are outlined by government. Subject to parliamentary scrutiny, the changes are due to come into effect from 1 August 2021.
April
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New residential property developer tax consultation
Essential Reading: Our InsightThe new tax, proposed to take effect from 1 April 2022, seeks to capture the largest residential property developers. Although it is intended to help pay for remediation of unsafe cladding, it applies industry wide. Consultation on the proposal closes 22 July 2021.
Further reading
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Fire Safety Act 2021 receives Royal Assent
Essential Reading: Our InsightThe Fire Safety Act 2021 is published, but not yet fully in force. It clarifies and extends the operation of the 2005 Fire Safety Order to all multi-residential buildings.
February
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New Chief Inspector of Buildings announced to lead new Building Safety Regulator (BSR)
Essential Reading: Our InsightThe Health and Safety Executive (HSE) announced the appointment of a Chief Inspector of Buildings to lead the new BSR which forms part of the draft Building Safety Bill and the new regulatory regime for high risk buildings and general oversight of building safety.
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£3.5B government fund announced for removal of unsafe cladding in high-rise buildings - New levy and tax on developers
Essential Reading: Our InsightReplacing unsafe cladding for leaseholders in residential buildings 18 metres (six storeys) and over will be fully funded. Leaseholders in lower-rise buildings will have access to a long-term, low interest scheme. A developer levy and new tax for residential property development was also announced.
January
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New national regulator for construction products announced – Ensuring homes are built from safe materials
Further ReadingThe regulator can remove unsafe products from the market, prosecute companies which break product safety rules and conduct its own product-testing. An independent review has also been commissioned to examine weaknesses in previous testing regimes for construction products.
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RICS issues consultation on guidance for valuation of high-rise residential buildings with cladding
Further ReadingConsultation closed 25 January 2021.
2020
December
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Government announces Waking Watch Relief Fund and extension to Building Safety Fund
Further ReadingThe UK Parliament Building Safety Update announced a £30M Waking Watch Relief Fund for installation of fire alarm systems in private high-rise buildings with unsafe cladding. The deadline to apply for the £1B Building Safety Fund for replacement of unsafe non-ACM is extended to 30 June 2021.
November
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Parliamentary Committee report on Building Safety Bill published
Further ReadingThis follows legislative scrutiny, recommending that more detail is needed.
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Third reading of Fire Safety Bill 2019-21 in House of Lords
Essential Reading: Our Insight -
Government announces EWS1 certificates are no longer required for buildings without cladding
Further ReadingThis means that where owners of flats are selling or re-mortgaging their property, they will not need an EWS1 certificate where there is no cladding on the building.
July
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Draft Building Safety Bill announced
Essential Reading: Our InsightImplementing major reforms of the building safety system following response to Building a safer future consultation (April 2020) including:
- Establishment of a new Building Safety Regulator (BSR);
- New role of ‘building control approvers’, replacing the role of Approved Inspectors;
- A new stricter regime for all ‘higher-risk buildings’ under the new three ‘Gateway’ system throughout planning, design and construction phases of a project;
- A new ‘duty-holder’ regime, including an ‘Accountable Person’ throughout the occupation of ‘higher-risk’ buildings.
Essential Reading -
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Government consultation: Fire safety and implementation of Grenfell Tower Inquiry Phase 1 report
Further ReadingConsultation closed 12 October 2020
May
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Registration prospectus published for Building Safety Fund for remediation of non-ACM cladding systems (England only)
Essential Reading: Our InsightRegistration prospectus: The £1bn fund is in addition to monies Government has already made available to cover cost of remediating high-rise buildings with unsafe ACM cladding.
Applications for fund extended to 30 June 2021.
April
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Government publishes response to ‘Building a Safer Future’ consultation
Essential Reading: Our InsightThe response sets out proposals for a reformed building safety regulatory system in response to the Hackitt Report.
March
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Government introduces the Fire Safety Bill
Essential Reading: Our InsightFire Safety Bill introduced to improve fire safety in buildings in England and Wales, requiring the responsible person or duty-holder for multi-occupied, residential buildings to manage and reduce fire risk in the structure and external walls of the building.
January
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Phase 2 of the Grenfell Tower Inquiry commences
Further ReadingPhase 2 of the Grenfell Tower Inquiry commences, addressing eight distinct Modules.
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Grenfell Tower Inquiry’s Phase 1 report published
Further ReadingGovernment’s response to Grenfell Tower Inquiry’s Phase 1 report is published, setting out steps being taken to implement the recommendations and work being undertaken to make buildings safer.
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Government consultation: Expanding aspects of ban on use of combustible materials in external walls
Essential Reading: Our InsightProposals include inclusion of hotels and boarding houses, lowering the height threshold of the ban from 18 to 11 metres, and banning combustible composite materials in all buildings, regardless of height.
Consultation closed 25 May 2020
2019
December
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New industry-wide process announced for valuation of high-rise buildings
Further ReadingA new industry-wide voluntary valuation process is announced by RICS for buying, selling and re-mortgaging homes in buildings above 18 metres (six storeys), including the use of EWS1 forms. The External Wall Fire Review Process requires a fire safety assessment to be carried out by a suitably qualified person and is valid for five years.
October
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Report for Phase 1 of the Grenfell Tower inquiry is published
Further ReadingThe report explains what occurred at Grenfell Tower on 14 June 2017 and, among other things, recommends new legal requirements on owners and managers of high-rise residential buildings.
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Implementation of a new building safety standard is announced
Essential Reading: Our InsightA new building safety standard is announced in the Queen’s Speech. Its purpose is to establish a new regulatory regime to create robust building safety standards, including the implementation of a new independent Building Safety Regulator (BSR).
June
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Building a safer future consultation published
Essential Reading: Our InsightGovernment consultation proposes reform of the building safety regulatory system in the aftermath of the Grenfell Tower fire, including creation of a ‘duty-holder’ system and increased focus on long-term maintenance and management of buildings post-construction.
Consultation closed 31 July 2019
Charles Russell Speechlys provided a response to the consultation
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Government consultation: Review of Regulatory Reform (Fire Safety) Order 2005
Further ReadingGovernment seeks views on its fitness for purpose for non-domestic premises, although the call for evidence considers whether the Order should apply to common parts of multi-occupied residential buildings and to mixed-use buildings.
Consultation closed 31 July 2019
May
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Private Sector ACM Cladding Remediation Fund announced
Further Reading£200M fund to remediate unsafe ACM cladding on private sector residential buildings 18 m or higher. Applications for the fund closed 31 December 2019.
2018
December
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Building (Amendment) Regulations 2018 come into force in England
New Regulation 7(2) requires all materials which become part of a new or refurbished external wall on a building above 18m, containing one or more dwellings, to be of limited combustibility.
May
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Dame Judith Hackitt’s final report is published
Essential Reading: Our InsightIt includes a powerful critique of the current regulatory framework and practices applicable to high-rise residential tower blocks.
Independent Review of Building Regulations and Fire Safety: Final Report.
2017
June
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Grenfell Tower disaster
Fire breaks out at the 23 storey tower block in North Kensington, West London.
2015
October
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New version, BS 9991:2015 published
Fire safety in the design, management and use of residential buildings – Code of Practice is published and recommends any cladding and insulation material used above 18m should be of limited combustibility.
2011
December
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BS 9991: 2011 Fire safety in the design, management and use of residential buildings – Code of Practice published
It recommends that combustible materials should not be used in cladding systems.
2010
October
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Current Building Regulations 2010 come into force
Parts B1 – B5, relating to fire safety, remain as per Building Regulations 2000.
2005
June
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Regulatory Reform (Fire Safety) Order 2005 in force
It covers general fire safety in England and Wales and will be amended by the Fire Safety Bill.
1991 - 2000
January
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Building Regulations
Further versions of Building Regulations come into force, including a new Part B5 relating to access and facilities for the fire service.
1984
October
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Building Act 1984 comes into force
Building Act 1984 comes into force permitting Building Regulations to be made and to approve ‘Approved Documents’.