A cross-party House of Lords Committee (supported by a submission of evidence by FIS) has warned the Government that “unacceptable” delays caused by the Building Safety Regulator’s (BSR) approval processes is leaving residents waiting for remediation of dangerous cladding in unsafe buildings and increasing costs for leaseholders.
Whilst welcoming the increased scrutiny the Building Safety Regulator has brought to the design, construction and management of buildings in the interest of safety, the Industry and Regulators Committee’s report The Building Safety Regulator: Building a better regulator, published today (Thursday 11 December) also warns that the delays mean the Government is in danger of missing its target to build 1.5 million homes by 2029.
After hearing from a range of witnesses including representatives of trade bodies, developers, housing associations and regulators which work closely with the BSR, the Committee also found:
- The BSR has not given clear enough guidance on how applicants are supposed to demonstrate that their buildings are safe;
- Many applications are being rejected or delayed due to basic errors and applicants’ inability to evidence how they are considering elements of fire and structural safety, which reflects poorly on the construction industry;
- Many construction products do not have relevant product standards, leaving them entirely unregulated;
- Difficulties in local authority funding and the introduction of regulation have left an ageing workforce of building inspectors who are struggling to meet demand;
- Despite these skills shortages, smaller works such as bathroom renovations in high-rise buildings are being subject to the scrutiny of the BSR’s hard-pressed multidisciplinary teams (MDTs).
The report is calling on:
- The BSR to give greater guidance to its MDTs on how compliance with the Building Regulations should be evidenced and assessed to ensure greater consistency;
- The Government to remove smaller works from the BSR’s building control approval processes, or introduce a streamlined approval process for them;
- The BSR to allocate the same MDTs to similar buildings or projects built by the same organisation, which could improve efficiency and consistency;
- The Government to provide long-term funding for the training of new building and fire inspectors.
Chair of the Committee, Baroness Taylor of Bolton said:
“The tragic loss of 72 lives at the Grenfell Tower fire laid bare the urgent need to reform building safety regulation in England, particularly for high-rise buildings. The introduction of the Building Safety Regulator was a necessary and welcome step. However, the scale of the delays caused by the BSR has stretched far beyond the regulator’s statutory timelines for building control decisions.
This is unacceptable. We welcome that the Government and the BSR are now acting to try and make practical improvements, but this will not address the anxiety and frustration that residents and companies have experienced. It does not improve safety to delay vital remediation and refurbishments, nor to deter the delivery of new housing in high-rise buildings.
We expect to see further action from the Government and the BSR to ensure that construction projects in high-rise buildings can be brought forward more quickly, without compromising on vital safety improvements.”
Responding to the report, FIS CEO Iain McIlwee stated:
“Amidst some fairly stark findings here, the good news is that Government is listening and challenging the process. There has already been significant reform of the Regulator since this evidence gathering has taken place. Whilst it is too early to call “transformed”, the new approach has been welcomed and already seems to be making good headway.
At FIS we are working directly with the Regulator on key issues highlighted in this report. These include defining and delivering a practical approach to competence and looking afresh at the design development process, clarifying where product performance meets design intent.
This was always going to be a difficult period as the legislation demands wholesale change to the process and there are a lot of moving parts. The important next stage, if we are to deliver at pace without compromising standards, is making sure that industry is working collaboratively with the regulator, we are getting clear guidance out and supporting the industry through this intense period of change.”
You can see the full report The Building Safety Regulator: Building a better regulator here
You can see the full FIS Building Safety Toolkit: Supporting Compliance here