Combustible external wall cladding systems: extending the ban to hotels, boarding houses and hostels

1 Introduction

In Scotland a ban on combustible external wall cladding systems was introduced on 1 June 2022 under the Building (Scotland)(Amendment) Regulations 2022 (the 2022 Regulations (Scotland)). The ban applies to “relevant buildings" with a storey at least 11 metres above ground level. Regulation 8(6) of the Building (Scotland) Regulations 2004 (as amended), by the 2022 Regulations (Scotland) presently defines “relevant buildings” as:

(i) a dwelling or,

(ii) a building used as a place of assembly, or as a place of entertainment or recreation or,

(iii) a hospital or

(iv) a residential care building or sheltered housing complex or

(v) a shared multi-occupancy residential

This list excluded hotels, boarding houses and hostels.

In England, a ban on combustible materials was introduced by the Building (Amendment) Regulations 2018 (the 2018 Regulations (England)) and came into force on 21 December 2018. The Building Regulations 2010 (as amended), by the 2018 Regulations (England), in effect, banned the use of combustible materials in the construction of external walls, prevented them becoming part of an external wall or specified attachment (to the external walls) in "relevant buildings", with a storey at least 18 metres above ground level. Regulation 7(4)(a) of the Building Regulations 2010 (as amended) defined "relevant buildings" as those:

(i) containing: one or more dwellings or,

(ii) containing an institution (i.e., a hospital, home, school or similar establishments) used as living accommodation for, or for the treatment, care or maintenance of persons:

(a) suffering from disabilities due to illness or old age or physical or mental incapacity or

(b) under the age of five years,

where such persons sleep on the premises or,

(iii) containing a room for residential purposes (including a hall of residence or residential home only).

This list excluded hostels, hotels or boarding houses.

However, following a review and consultation, The Building etc. (Amendment) (England) Regulations 2022 (the 2022 Regulations (England)) came into force on 1 December 2022. The Building Regulations 2010 (as amended) by the 2022 Regulations (England) amended the definition of "relevant building" to bring hotels, hostels and boarding houses within the scope of the Combustible Materials Ban from which they were initially excluded. As a result, new-build hotels and hotels formed by material change of use with a storey at least 18m above ground level will have to ensure that those materials in the external wall or specified attachment meet the same performance requirements as the higher risk buildings previously covered by the ban i.e. being A2-s1, d0 or better. The regulations also apply to existing hotels where building work or refurbishment of the external walls is taking place to the extent that materials which become part of the external wall or specified attachment must achieve the European classification A2-s1, d0 or better (in accordance with the reaction to fire classification to BS EN 13501-1).

The objective of this project is to carry out an assessment of data from the Incident Recording System (IRS) and relevant reports over the period of interest and to review the relevant Regulatory Impact Assessments (RIA) in England and Wales to inform the evidence base to mandate a requirement to extend the ban on combustible external wall cladding systems to hotels, boarding houses and hostels.

The first Phase of this research study aimed to:

1. Review the data from IRS over the period from 1 April 2009 to 29 February 2024, for Scotland, to identify the Scottish Fire and Rescue Service (SFRS) incident identification numbers for fatalities and injuries to be reviewed further in Phase 2;

2. Review the RIA for England and Wales in support of the extension to the ban with particular focus on the methodology used and the data requirements and the implications for Phase 2.

The aim of the second Phase of work was to:

1. Interrogate SFRS fire investigation and/or other reports (where available) where fatalities and injuries were reported for hotels, boarding houses and hostels. Highlight if the existing fire investigation reports, statutory register or fatal accident inquiry records point, clearly, to cladding as having contributed to the deaths. In this work, BRE Global will only be able to report on these reports, register entries and records without analysis or challenge. Further meaningful analysis and challenge, as to the cause of death would necessitate skills which BRE Global no longer has access to. Other persons / professional consultancy practices may be able to conduct such analysis and challenge.

2. Review the findings from the Phase 2 report review and provide a definitive statement on the likely outcomes of a cost benefit analysis