The impact of the Grenfell Tower Inquiry’s Phase 2 Report on the construction industry

The Phase 2 Report (the Report) of the Grenfell Tower Inquiry (the Inquiry) was published on 4 September 2024. It comprises over 1,600 pages and looks at events before and after the night of the fire. Phase 1 of the Inquiry, which focused on the night of the fire, was published on 30 October 2019.

Phase 2 of the Inquiry into the fire of 14 June 2017 in which 72 people tragically lost their lives, focussed on: “the question that has been at the forefront of many people’s minds: how was it possible in 21st century London for a reinforced concrete building, itself structurally impervious to fire, to be turned into a death trap that would enable fire to sweep through it in an uncontrollable way in a matter of a few hours despite what were thought to be effective regulations designed to prevent just such an event?”. As the Inquiry identifies at the outset of the Report, there is no simple answer.

The Inquiry made it clear within the Report that it had become concerned that the arrangements under which the construction industry was regulated had become too complex and fragmented. It described this as a recipe for inefficiency. Within the Report, the Inquiry makes a number of recommendations relating to the construction industry. We refer below to a selected number of the key recommendations, from a much more extensive list.  

Recommendations

Regulation

The Inquiry recommends that a single independent body, referred to within the Report as a “Construction Regulator”’, be created. The Inquiry envisage that the Construction Regulator would be responsible for a number of functions including, amongst others, the:

• Regulation of construction products;
• Development of suitable methods for testing the reaction to fire of materials and products intended for use in construction;
• Testing and certification of such products;
• Issue of certificates of compliance of construction products with the requirements of legislation, statutory guidance and industry standards; and
• Regulation and oversight of building control.

The Inquiry also recommends that that the government bring responsibility for the functions relating to fire safety currently exercised by the Ministry of Housing, Communities and Local Government, the Home Office and the Department for Business and Trade into one department under a single Secretary of State.

To assist the Secretary of State, the Inquiry recommends that a Chief Construction Adviser be appointed with a sufficient budget and staff to provide advice on all matters affecting the industry. The Chief Construction Advisor would be required to have good working knowledge and practical experience of the construction industry.

It is also recommended that the definition of a “higher-rise building” for the purposes of the Building Safety Act 2022 be reviewed urgently, to additionally incorporate consideration of the nature of a building’s use and the likely presence of vulnerable people, rather than being defined by height alone.

The Inquiry concluded within the Report that the statutory guidance in Approved Document B was poorly worded and liable to mislead designers into thinking that complying with its terms would inevitably ensure that the building would comply with the legal requirements of the building regulations. As such, the Inquiry recommends that the statutory guidance generally, and Approved Document B in particular, be reviewed accordingly and a revised version published as soon as possible.

Competency of professionals within the construction industry

In terms of fire safety specifically, the Inquiry recommends that it is made a statutory requirement that a fire safety strategy produced by a registered fire engineer is submitted with building control applications for the construction or refurbishment of any higher-risk buildings, and for it to be reviewed and re-submitted at the stage of completion. Such a strategy must take into account the needs of vulnerable people, including the additional time they may require to leave the building or reach a place of safety within it and any additional facilities necessary to ensure their safety.

To ensure the competency of fire engineers, the Inquiry recommends that the profession be recognised and protected by law and that an independent body be established to regulate the profession, define the standards required for membership, and maintain a register of members and regulate their conduct

Similarly, to improve the efficiency of contractors, the Inquiry recommends that a licensing scheme be introduced for principal contractors wishing to undertake the construction or refurbishment of higher-risk buildings, and that it be a legal requirement that any application for building control approval for the construction or refurbishment of a higher-risk building be supported by a personal undertaking from a director or senior manager of the principal contractor to take all reasonable care to ensure that on completion and handover the building is safe, in accordance with the building regulations.

In respect of architects, the Inquiry recommends that it be made a statutory requirement that an application for building control approval for the construction or refurbishment of a higher-risk building be supported by a statement from a senior manager of the principal designer under the Building Safety Act 2022. That statement should confirm that all reasonable steps have been taken to ensure that on completion the building as designed will be as safe as is required by the building regulations.

Looking ahead

The true impact of the Report on the construction industry remains to be seen, and indeed it is not mandatory for the government to implement the recommendations made within the Report. Perhaps foreseeing that possibility, the Report recommends that it be made a legal requirement for the government to maintain a publicly accessible record of recommendations made by select committees, coroners and public inquiries together with a description of the steps taken in response. The Report recommends that, if the government decides not to accept a recommendation, it should record its reasons for doing so.

Time will therefore tell which, if any, of the Inquiry’s recommendations within the Report are implemented, however it seems inevitable that changes will occur within the construction industry as a result of the Inquiry, and there remains a very big pressure on the industry to affect change.

Read other items in Professions and Financial Lines Brief - October 2024