Ministerial Working Group on Building and Fire Safety minutes: 5 February 2026

Attendees and apologies

• Alan Johnston, Cladding Remediation Directorate
• Andrew Gunn, Building Standards Division
• Bill Connoly, NHS Scotland
• Cabinet Secretary for Housing
• Chris Inverarity, Ministerial Private Office
• Daniel Henderson, Building Standards Division
• Emer Delaney, Ministerial Private Office
• Frank Doherty, Building Standards Division
• Garry Marshall, Scottish Fire and Rescue Service
• Gavin Hammond, Safer Communities Division
• Gordon Stewart, Health Infrastructure and Sustainability Division
• Graeme Fraser, HM Fire Service Inspectorate
• Graeme Syme, Building Standards Division
• Gregg McKearney, Scottish Fire and Rescue Service
• Jonathan Henderson, Scottish Fire and Rescue Service
• Lisel Porch, Safer Communities Division
• Mike Callaghan, COSLA
• Minister for Victims and Community Safety
• Morag Angus, Property and Construction Division
• Neil Mitchell, Building Standards Division
• Scott Johnston, Workforce, Infrastructure and Digital Division
• Stuart Morrison, Building Standards Division
• Tom Hardy, Safer Communities Division

Items and actions

Welcome

The Cabinet Secretary for Housing welcomed the attendees to the 28th meeting of the Ministerial Working Group on Building & Fire Safety

Minutes from previous meeting

No comments were received on the minutes of previous meeting.

Cladding Remediation Update

An update was provided on the Cladding Remediation Programme noting the following points:

• the Single Open Call is central to the Programme – as of 31 December 2025 the Programme had received 1,733 expressions of interest with just over 50% submitted by social landlords
• currently estimated that of these about 920 were in scope of the Programme
• engagement – including through the Social Housing Cladding Oversight and Assurance Group - was critical to progress
• in December, Persimmon Homes became the first developer in Scotland to sign the developer remediation contract.

Scottish Building Levy

The Scottish Building Safety Levy seeks a contribution towards the cost of cladding remediation from the housebuilding industry (as in England). The Building Safety Levy (Scotland) Bill was at stage 2 of the Parliamentary process. Once agreed, the Levy was expected to raise around £360-£400m over a 12 to 15 year period, starting in 2028.

Cladding and non-domestic buildings

While non-domestic residential buildings and non-residential buildings are not within the scope of the Programme, assurance has been sought by Ministers regarding their safety.

There is a high degree of assurance regarding buildings owned by SG or for which SG has direct responsibility. The situation is more complex across other sectors with variations in information held and degree of regulation.

In discussion regarding cladding on non-domestic buildings, SFRS noted the following:

• specific skill sets were required for cladding related incidents, this includes dutyholders acquiring the services of an external wall specialist
• SFRS continued to work closely with dutyholders where appropriate in terms of any operational response e.g. hospital estates
• SFRS and others must be mindful of the dual role of being both enforcing authority and responding authority
• they are supportive of Scottish Government led communication and engagement on the issue of cladding, especially with building owners. 

Action (28-1) – SG cladding officials to engage with SFRS on potential Scottish Government communication to relevant dutyholders.

In updating on the approach taken across the health estate, NHS Scotland noted the following:

• action undertaken post Grenfell by Health Facilities Scotland in co-ordinating a response from all Health Boards regarding the presence of combustible Aluminium Composite Panels (ACM) on buildings within their estate
• there was follow up remediation work undertaken at the Queen Elizabeth University Hospital and the Royal Infirmary Edinburgh
• the role of NHS Scotland Assure in managing risk in the healthcare built environment across Scotland
• NHS Scotland Assure’s production of Scottish Health Technical Memorandum guidance, a consistent, accountable and competency ‑driven framework for managing fire safety.

The Cabinet Secretary noted the continuing work to be done, including in respect of cladding on non-domestic buildings.

Grenfell Recommendations Update (Recommendations 2, 4, 20 & 21)

The Group was provided with an update on progress towards implementing Recommendation 4 of the Grenfell Inquiry Phase 2 Report concerning the appointment of a Chief Construction Adviser (CCA).

The Group noted that progress had been made with:

• mapping of the construction policy landscape across the Scottish Government to identify interfaces, regulatory responsibilities and potential overlaps
• development of an outline brief to support procurement of a specialist consultant to undertake an options appraisal in financial year 2026/27
• engagement with the UK Government’s Interim CCA including an initial analysis of that role’s remit and whether a UK ‑wide or devolved ‑nations approach may better reflect the reality of a single, integrated, construction industry
• ongoing engagement across UK Administrations to understand separate approaches to construction regulatory reform and explore alignment where appropriate.

The Group was also given an update on progress with recommendations 2, 20 and 21 regarding the Compliance Plan.

Recommendation 2

• the ‘high risk building’ (HRB) definition was being re-considered and, where required, would be re-defined in preparation for future legislative change
• feedback from stakeholders had suggested additional building types which should be added into Scotland’s high risk buildings definition. These building types have been included in a public consultation Scottish Building Regulations: Fire Safety review and Compliance: Call for Evidence.

This recommendation is expected to be delivered by the end of May 2026.

Recommendation 20

• consultation was underway seeking views on adding an additional duty holder to the Building (Scotland) Act 2003 - the Compliance Plan Manager
• completion of the commitment to review current and proposed design compliance related statements
• completion of the commitment to introduce Local Authority Verifier guidance to implement the principles of the Compliance Plan Approach to building warrant projects
• development of the full Compliance Plan Approach for high-risk buildings for voluntary adoption by industry was progressing, guidance would follow and augment the Local Authority Verifier guidance.

Recommendation 21

• officials are working with the UK Government on the review and development of proposals for a licensing scheme operated by the construction regulator concerning the construction or refurbishment of HRBs
• review of the Certification Strategy and engagement with the sector is complete and is now moving to the delivery phase.

The following points were made in discussion:

• in supporting the Compliance Plan, SFRS noted the importance of ensuring construction work was done to an appropriate standard and for specific fire safety related training
• while noting that the building standards regulatory environment was very different in Scotland, CoSLA supported the need for a compliance plan manager (CPM) type role and for Local Authority involvement in discussions
• officials confirmed that all options were being explored in respect of the CCA role. The Scottish Government was also working closely with Local Authority Building Standards Scotland (LABSS) regarding the role of Compliance Plan Manager.

Grenfell Phase 2 Progress Reporting

The Group noted the intention to commence periodic reporting updating on progress against Grenfell recommendations. The first quarterly report would be published in March with a more detailed narrative report published in September. Appropriate notification would be provided to Parliament.

Future Operation of the MWG-BFS

The Group noted proposals for the future operation of the Ministerial Working Group, that, post-election, it might operate in two different ‘modes’, 1) providing assurance and oversight and 2) at a strategic level with a focus on policy consideration and horizon scanning.

The Cabinet Secretary was keen that the Group continued to provide both assurance and challenge going forward.

Any other Business

The Minister for Victims and Community Safety noted that recommendation 57 of the Grenfell Report (personal emergency evacuation plans – PEEPS) the Scottish Law Commission had conducted a review of Scottish Tenement Law which might inform work on this recommendation. 

Action (28-2) – SG Housing officials to assess the implications of the Law Commission review for Recommendation 57.

Two additional issues were raised:

• Large Panel Systems (LPS): arrangements were being finalised for Built Environment - Smart Transformation (BE:ST) to take forward a review of current guidance concerning LPS
• Transfer Slabs: officials continued to monitor this issue and would provide an update in due course.

The Cabinet Secretary noted the importance of providing reassurance on the issue of LPS.

Date of next meeting

The Cabinet Secretary noted that this would be the last meeting of the Group prior to the election and thanked all involved for their contributions.