Scottish building regulations - fire safety review and compliance: call for evidence

2 The Grenfell Phase 2 report recommendations

2.1 Background

The Inquiry recommendations (5 – 9) result from the lack of clarity on the effectiveness of England’s Approved Document B (Fire) leading up to the Grenfell fire. The Inquiry reported on a range of issues that continued over several years and versions of the document. Whilst the Inquiry evidence focussed on certain parts related primarily to cladding requirements and guidance, the recommendations consider a wider need for review and increased clarity in the guidance to the building regulations and status of statutory guidance generally.

Recommendations 10 to 14 identify issues of competence in both the assessment and delivery of fire safety and concerns expressed over the effectiveness of current performance standards and how achievement of these standards is demonstrated. The need for a robust application of improved product standards and certification regime is also identified as a priority.

We plan to address these recommendations though a further and broad review of the regulations, standards and guidance that contribute to Section 2 (Fire). Starting with this call for evidence.

The outcomes of the call for evidence will help inform the extent, shape and need for future Public consultation(s) and targeted consultations with stakeholders such as professional institutions, trade and housing/property associations, Local Authority Building Standards Scotland (LABSS), Scottish Building Standards Hub (SBSH) and the Scottish Fire and Rescue Service (SFRS), with regard to the recommendations and wider fire safety topics.

2.2 Actions already taken in Scotland since Grenfell

The Scottish Government has already made changes and created new legislation following the Grenfell fire, as well as creating new work programmes to strengthen systems of compliance and enforcement, and to make existing buildings safer. Although many of the matters dealt with in the report are devolved, where the legislation, regulation and guidance differ from that applying to Grenfell Tower, it is important to learn lessons and to ensure that buildings in Scotland are designed, built, and maintained in as safe a manner as possible.

Building Standards (Fire Safety) Review Panel (2017/18)

A sub-group of the Ministerial Working Group on Building and Fire Safety. Information on the review is published at: Building Standards (Fire Safety) Review Panel: minutes index - gov.scot. Remit: To review standards in light of evidence from Grenfell Tower; To comment on appropriateness and relevance of the current standards and guidance; To consider the relevance of British Standard and European tests; To provide an opinion of whether any changes are necessary. To keep this under review, as further evidence emerges. Review Panel on Building Standards (Fire Safety) in Scotland Report published in June 2018. Building Standards Compliance and Fire Safety Consultation on changes undertaken between July and September 2018. Amendments to standards and supporting guidance confirmed and introduced from October 2019:

• October 2019: external wall cladding systems to be non-combustible or subject to a large-scale fire test in new domestic buildings taller than 11 metres; Option for single escape stair removed from new domestic buildings over 18 metres in height; evacuation alert systems and storey and dwelling identification signage required in domestic buildings over 18 metres in height.
• April 2021: scope of standard 2.15 expanded to require automatic fire suppression systems (AFSS) in all new flats, maisonettes, social housing dwellings and shared multi-occupancy residential buildings (including student accommodation).

Building Standards (Fire Safety) Review Panel 2021-2022

A sub-group of the Ministerial Working Group on Building and Fire Safety. Information on the review is published at: Building Standards (Fire Safety) Review Panel 2021-2022. Remit: To consider a ban on the highest risk cladding materials including Metal Composite Material (MCM) cladding panels; To consider the ongoing role of BS 8414 in supporting guidance including any new test evidence, modelling, real fire data and evidence emerging from the Grenfell Phase 2 Inquiry; Consider the competence of those involved in cladding systems design, testing, installation and verification will also be considered. Any unintended consequences will also be identified and considered. Building standards (fire safety) - a consultation on external wall systems undertaken between July and October 2021.

Amendments to standards and supporting guidance confirmed and introduced from June 2021: Amendment to regulation 8 of building regulations to ban highly combustible metal composite material panels on all buildings regardless of height and ban combustible external wall cladding systems of domestic and high risk buildings more than 11 metres above the ground; Changes to the mandatory building standard 2.7 ‘fire spread on external walls’, to improve clarity of intent; Requirements for replacement cladding to comply with current regulations introduce within schedule 5 to regulation 5.

Building and Fire Safety Working Group (2023 onwards)

A sub-group of the Ministerial Working Group on Building and Fire Safety.

Information on the review is published at: Building and Fire Safety: Ministerial Working Group.

Following the report of the Cameron House Hotel Short Life Working Group (2023), a review in response to recommendations 4 and 5 of the Cameron House Hotel Fatal Accident Inquiry Report (conversion of traditional buildings into hotels) on provision of automatic fire suppression systems to such conversions and the risk of fire spread through concealed voids and cavities in such buildings (a topic relevant to other retrofit situations). This work also considers the extension of regulation 8 provisions relating to cladding of ‘Relevant Buildings’ to hotels and similar buildings and a range of other miscellaneous fire safety topics. The consultation, closed on 7 March 2025, and is published at: Scottish Building Regulations: Proposed review of fire safety topics including Cameron House Hotel recommendations: - Scottish Government consultations - Citizen Space

2.3 Review of standards and guidance

Any action in response to a recommendation for review and improvement in how fire standards are defined and communicated under building regulations is a wholly devolved responsibility.

Regulations applicable to construction work are set out using powers under The Building (Scotland) Act 2003. Regulations and the publication of guidance in support of those regulations and mandatory standards are the responsibility of the Building Standards Division of The Scottish Government.

Section 2 (Fire) of the Building Standards Domestic Technical Handbook is the Scottish Equivalent to Approved Document B in England. Commentary below is offered on that basis.

We will assess the principles and application of Section 2 (Fire) of the technical handbooks in seeking to improve the clarity of intent and the correct application of building regulations to achieve their intended outcome. Starting with this call for evidence to identify any further opportunities for improvement in both content and communication of standards and guidance and their application in practice. This will include, but not be limited to the key themes relevant to the Grenfell Phase 2 report recommendations:

• A general call for evidence on any aspects of fire safety guidance that requires new guidance and / or clarification
• Legal status of the technical handbooks (guidance)
• Compartmentation / external fire spread and the Stay Put strategy
• Means of escape for vulnerable and disabled people
• Fire Strategy / Fire Safety Design Summary
• Membership of the expert review group; and
• Regulating the profession of fire engineering.

Aspects of the supporting assurance framework will be reliant upon the development and delivery of components such as a revised construction products regime which are reserved matters. A key aspect of any review will be an understanding of any reliance on the development of an improved assurance regime for construction products. Any risk in this respect will be managed by demonstrating that any changes proposed in Scotland take into account the new construction products regime and apply a robust approach to assurance.

The overarching statement from the inquiry was that “we do not think that Approved Document B provides the information needed to design buildings that are safe in fire” and that review of the document should take a clear and conservative approach to risk.

Reference in the report cite issues with the content and application of Approved Document B (the equivalent of Section 2 (Fire) in Scotland) and include references to issues which are both historical and which were applicable at the time of the retrofit of Grenfell Tower. It is noted that aspects of the Approved Document which were subject to commentary have since been subject to thematic review from 2017. Most concerns were raised around the means by which compliance with external fire spread requirements were described.

Specific changes are not recommended, beyond points flagged separately in recommendations 6, 7 and 8:

• Recommendation 6 - a revised version of the guidance with a clear warning in each section that the legal requirements are contained in the Building Regulations and that compliance with the guidance will not necessarily result in compliance with them.
• Recommendation 7 - new materials and methods of construction including practice of over-cladding existing buildings make the existence of effective compartmentation a questionable assumption. It is recommended that the Stay Put policy be reconsidered when Approved Document B (Section 2 Fire) is revised.
• Recommendation 8 - that the guidance draw attention to the need to make an essential part of any fire safety strategy the calculation of the likely rate of fire spread and the time required for evacuation, including the evacuation of those with physical or mental impairments.

Recommendation (5) in relation to legislation, guidance, fire performance and fire safety of buildings is for a review of guidance to the functional standards to be undertaken. This recommendation raised concerns related to assumptions made in the use of materials and classification to meeting the functional standards. It is also made clear that such a review should take account of the expert witness evidence, which also drives some of the other recommendations such as the Stay Put strategy (7).

In considering the actions taken by the Scottish Government since 2017 for example banning the use of BS8414 and BR 135 for relevant buildings 11m or more and removing Class 0 from guidance in 2019, the next steps is a review of the effectiveness, in application, of current provisions set out within Section 2 (Fire).

When completing any or all of the consultation questions please consider:

• what are the needs and possibilities for change, including any potential impact?
• does what we present manage the risks we have?
• where is it not working?

Each of the following topic sections will provide some initial examples of potential areas for improvement or further investigation but for the reasons of this call for evidence (data collection) and for simplicity not all possibilities are covered within this exercise. Examples are provided to stimulate your feedback on these topics and wider.

2.4 A general call for evidence on any aspects of fire safety guidance that requires new guidance and / or clarification

As part of the review of Section 2 Fire Scottish Government will explore any aspects of fire safety guidance that requires new guidance and / or clarification. This will include public and targeted consultation with appropriate stakeholders following this call for evidence.

Two brief (and simple) examples of where it could work better are:

• for repeated queries on door locks, such as electronic or thumb turn, in the non-domestic situation, where the principle is the standard lock release function this should be actioned by one single, easy to use and apparent operation with immediate exit. Electric locking devices on doors is a common query with regards to door locks. The safe use of electrically powered/electromagnetic locks depends on taking into consideration the project specific circumstances such as the occupancy characteristics, building management, escape strategy, coverage and interface of automatic fire detection systems. The domestic situation differs in the acceptable use of key locks to entrance doors of houses, flats or maisonettes and in these situations a thumb turn would be considered advantageous. The Scottish Government will continue work to draft amended guidance on locking mechanisms in the handbooks.
• Standard 2.15 automatic fire suppression systems allows for alternative suppression systems such as watermist. However, commentary supporting standard 2.15 in various clauses focuses on sprinkler systems and the standards for such systems, which are different for a watermist system. Automatic Fire suppression systems include both systems so clarity of intent could be better expressed so that watermist systems are not potentially seen as being excluded as a possibility where they are designed, installed and maintained in accordance with the appropriate standards and supporting test evidence.

Examples of potential areas for improvement may be:

• new or improved guidance - for example:
  • battery energy storage systems,
  • photovoltaic panels,
  • mass timber construction,
  • car parks and electric vehicles,
  • door locks,
  • opening and service penetrations,
  • spread to neighbouring buildings,
  • cavity barriers,
  • alternative automatic fire suppression systems
• the general layout and usability of the technical handbooks - for example the presentation, the need or preference for more diagrams or accompanying explanatory text and the number and/or organisation of the functional standards
• where we can improve on intent and interpretation including definitions, such as fire barriers
• simplify the guidance and functional standards for example potentially reduce the number of functional standards and/or how they are structured.

Question 1

The following questions relate to the technical standards and associated guidance within Section 2 (Fire) of the Domestic and Non-Domestic Technical Handbooks which could be improved.

1(a) Are there existing fire safety topics and guidance within the technical handbooks that should be reviewed?

Yes / No / Not sure

Please provide evidence or examples to support views, contributions or comments

Comments:

1(b) What new fire safety topics should be included in the Technical Handbooks?

Please provide evidence or examples to support views, contributions or comments

Comments:

2.5 Legal status of the technical handbooks (guidance)

Concern is raised on building work seeking to comply with guidance rather than mandatory standards.

In principle, it is correct that the application of solutions in published guidance will support compliance with the mandatory standard under which the guidance is presented. This is a cornerstone of the system of functional standards set out under our regulations. Most standards describe a general outcome whilst some are more prescriptive on how a risk is to be addressed and an outcome, for example standard 2.15 ‘automatic fire suppression systems’.

The delivery of a fire safe building relies upon all of the measures identified within guidance to each of the standards in section 2 (fire) being addressed, to the extent they are applicable to proposed works. These are the component actions across all 15 standards that, when implemented, collectively manage the overall risk to life from fire where new building work is undertaken. They are supported by further base requirements set directly by regulations, for example regulation 8 on the durability, workmanship, fitness of materials and combustibility of external wall cladding systems.

For the application of building standards to be effective, provisions must be understood and implemented correctly. It is important that the context within which examples of compliance given in published guidance can be used are always clearly defined. There is arguably a stronger reliance on the information (guidance) provided in support of mandatory standards in Scotland due to their relative brevity of the standards, being generally functional statements without the further prescription often present in equivalent regulations in England.

In Scotland, Section 5 of the Building (Scotland) Act 2003 states –

(1) Failure to comply with a guidance document does not render a person liable to civil or criminal proceedings.

(2) But proof of compliance with such a document may be relied on in any proceedings (whether civil or criminal) as tending to negative liability for an alleged contravention of building regulations.

A common interpretation of this provision is that if the Technical Handbook guidance on Fire is followed, one cannot be held liable for ‘non-compliance’ with the Building Regulations.

The building regulations in Scotland contain standards that must be met. These are functional building standards, supported by guidance contained in the Technical Handbooks, which provide one or sometimes more, ways of complying with the standards. However, there is no requirement to follow the Technical Handbook guidance and alternative methods of meeting the requirements of any or all building standards may be taken. Where an alternative method of complying is adopted, the building warrant applicant is required to satisfy the local authority verifier that the requirements of the building standard(s) will be met. It is reported that in practice the guidance documents (Technical Handbooks) can serve as the de facto requirements by some local authorities and designers.

Regardless of the liability issue, and to a certain extent how the system has been interpreted to date, there is arguably a need to clarify:

(a) what is required versus what is guidance,

(b) how it is to be demonstrated that requirements have been met, and

(c) how the system is to be enforced (including how designs are to be verified).

As noted in the update to Recommendation 5, regulations, standards and guidance on minimum standards for fire safety have been subject to several reviews since the Grenfell Tower fire. Each was reported to the Ministerial Working Group on Building and Fire Safety. However, this has not included a specific examination of the risk associated with the current regime, its presentation of mandatory standards and supporting guidance in respect of fire safety and the clarity of understanding around the outcomes required when delivering a building.

As part of the review of Section 2 (Fire) Scottish Government will explore whether solutions offered in guidance on compliance are themselves inadequate to address the risks which a given functional standard seeks to address or whether the scope of application of guidance is itself unclear. For example, where the example in guidance is not appropriate and an alternative fire engineering solution should be developed. This will include targeted consultation with appropriate stakeholders who are applying the guidance to designs and verifying those designs, following this call for evidence.

Examples of potential areas for development may be:

• explore, through the Section 2 review, the adequacy of current guidance to addressing the risks associated with a given functional standard, including any potential to amend section 5 on tending to negative liability
• explore, in considering that the review of fire safety guidance should take a ‘clear and conservative approach to risk’, if demonstrating compliance to the building regulations should be threefold route:

i. guidance to be simple and conservative with,

ii. performance/ tenability criteria for the performance-based approach in legislation and,

iii. full fire engineered solutions.

Question 2

The following questions relate to the understanding and interpretation of the technical standards and associated guidance within Section 2 (Fire) of the Domestic and Non-Domestic Technical Handbooks.

2(a) Are the current mandatory standards and supporting guidance robust, effective and clearly understood to deliver the intended safety outcomes?

Yes / No / Not sure

Please provide any evidence or examples to support views, contributions or comments.

Comments:

2(b) Are the mandatory standards and supporting guidance consistently applied to deliver the intended safety outcomes?

Yes / No / Not sure

Please provide any evidence or examples to support views, contributions or comments.

Comments:

2(c) Where should improvements be focussed when reviewing the mandatory standards and supporting guidance?

Please provide any evidence or examples to support views, contributions or comments.

Comments:

2.6 Compartmentation, external fire spread and the “Stay Put” strategy

Recommendation 7 - new materials and methods of construction including practice of over-cladding existing buildings make the existence of effective compartmentation a questionable assumption. It is recommended that the Stay Put policy be reconsidered when Approved Document B (Section 2 Fire) is revised.

The Inquiry report made clear that a failure to maintain compartmentation when undertaking retrofit of the facades of the building was a significant contributory factor in the rapid spread of fire through the building. This recommendation raises a clear question on the effectiveness of fire compartmentation in retrofit projects.

The report noted the reliance building regulations place on effective compartmentation for control of the spread of fire and smoke and also that fire spread between compartments can occur even in correctly specified and constructed buildings due to fire clinging to the external surface of a building and entering through vulnerable elements such as windows. The overriding concern being that if the external walls of a high-rise residential building support the spread of fire to any significant degree, it is not viable to operate a stay put strategy safely.

Building regulations set standards for the effective compartmentation of buildings to limit the internal spread of fire. In Scotland this is referred to as ‘separation’ in domestic buildings and addresses the fire separation between individual dwellings in a larger building (standard 2.2). This also extends to measures to prevent the spread of fire on the facade of a building under standard 2.7. Buildings which are appropriately designed, constructed and maintained are considered to support the Stay Put strategy where this is a design objective.

It is therefore important for those delivering work to a building to understand what constitutes effective ‘compartmentation’ as one of several important measures that deliver a fire safe environment.

If considered in the context of newbuild, the contribution of all fire safety requirements set under regulation need to be considered to assess residual risks. In addition to passive measures (such as the requirement for external wall cladding systems for ‘relevant buildings’, including blocks of flats at a height of 11m or more, to be constructed from non-combustible material from June 2022), this includes the presence of automatic fire suppression systems in new flatted developments from 2021. Facilities to support response to an incident by the fire and rescue service are also provided such as vehicle access, water supplies, dry risers, evacuation alert systems and fire-fighting lifts in high rise blocks of flats.

The outcome should be that new materials and methods of construction and the practice of over-cladding existing buildings can be managed properly and effective compartmentation demonstrated. We recognise that residual risks may remain, and it is these that should inform a wider discussion on the management of buildings and the response to a fire incident whilst noting ‘evacuation on alert’ may have the potential to hinder fire-fighting operations (with occupants evacuating) and the possibility for residents to move into smoke filled common areas from otherwise relative safety within flats.

As part of the review of Section 2 (Fire) Scottish Government will explore whether the existing regime for guidance and compliance (design and site-based work) is effective in ensuring compartmentation is achieved/maintained in retrofit projects. This will include public and targeted consultation with appropriate stakeholders such as Scottish Fire and Rescue Service, local authority verifiers, designers and fire engineers, following this call for evidence.

Examples of potential areas for development may be:

• Developing clear guidance on the fire safety elements and strategy for buildings, such as flatted blocks, where undertaking retrofit external wall cladding systems to help manage the practice and outcome. This is linked to recommendation 9 relating to fire strategy / fire safety design summary.

Question 3

The following questions relate to guidance applicable to compartmentation, external fire spread and the “Stay Put” approach within Section 2 (Fire) of the Domestic and Non-Domestic Technical Handbooks.

3(a) Provide comments on risks with compartmentation in retrofit work (conversions) and the mitigation of these which may impact a Stay Put approach.

Please provide any evidence or examples to support views, contribution or comments.

Comments:

3(b) Provide comments on risks with vertical fire spread on external walls breaching compartmentation which may impact a Stay Put approach.

Please provide any evidence or examples to support views, contribution or comments.

Comments:

Question 4

The following questions relate to evacuation of buildings. Implementing an ‘evacuation on alert’ procedure can lessen the risk of fire spreading unchecked, but the associated evacuation risks should be understood and managed.

4. Do you consider current guidance on ‘evacuation on alert’ and evacuation alert systems to be effective and up to date?

Yes / No / Not sure

Please provide any evidence or examples to support views, contribution or comments.

Comments:

2.7 Rate of fire spread and means of escape for vulnerable and disabled people

Recommendation 8 - that the guidance draw attention to the need to make an essential part of any fire safety strategy the calculation of the likely rate of fire spread and the time required for evacuation, including the evacuation of those with physical or mental impairments.

Linked to Recommendations 5, 6 ,7 and 10, this seeks to encourage a more informed position on the level of risk occupants of a building will be exposed to in the event of a fire. Through a formal assessment of the likely rate of spread of fire (based upon typical hazard scenarios) and an assessment of the time needed to alert and evacuate occupants. This includes consideration of the time needed to support occupants, including ‘any with physical or mental impairments’.

Guidance within the Domestic Technical Handbook (clause 2.0.7) identifies that there will be situations where fire safety in higher risk buildings may be demonstrated by solutions other than those set in guidance – “Fire safety engineering may be the only practical way to achieve a satisfactory level of fire safety in some large and complex buildings or where innovative or new methods of construction are used”.

At present, there are no provisions specific to domestic buildings which mandate the production of a fire safety strategy. However, a (simple) fire safety design summary is sought for new non-domestic buildings, regardless of whether fire engineering principles are applied or not.

This recommendation seeks to promote a more informed approach to key aspects of fire risk assessment in the design of a building. We recognise the relevance of this recommendation to improving the safety of building occupants. We note that it is phrased in the context of the current legislative regime for the UK Government.

For the UK Government, The Fire Safety (Residential Evacuation Plans) (England) Regulations 2025 (hereafter referred to as “the Regulations”) aim to improve the fire safety and evacuation of residents in specified residential buildings who would have difficulties evacuating a building by themselves in the event of a fire. This may be due to a physical mobility issue, some other disability such as having a sight or hearing impairment, or a cognitive condition. The Regulations also mandate building emergency evacuation plans in these buildings.

The UK Government also published research into evacuation strategies related to the effectiveness of physical design measures, fire detection and alarm systems, and human behaviour in relation to high-rise residential buildings which was published in March 2024 Means of escape in residential buildings research.

Regulatory amendments will take effect in September next year for the UK Government with Building design provisions to support the use of evacuation lifts in blocks of flats. Approved document B will require “where evacuation lifts are provided, these should be located within an evacuation shaft containing a protected stairway, evacuation lift and evacuation lift lobby. An evacuation lift lobby should provide a refuge area for those waiting for the evacuation lift, have direct access to a protected stairway and not be directly accessible from any flat, maisonette, storage room or electrical equipment room.”.

Further, BS9991: 2024 Fire safety in the design, management and use of residential buildings – Code of practice states that “Buildings that are provided with passenger lift access to an upper or lower level should also be provided with a means of using lifts for escape. At least one evacuation lift should be provided for each escape stairway, or more if required by capacity assessment”.

In Scotland, recommendation 57 asks that consideration be given to personal emergency evacuation plans. The Scottish Government has asked the Scottish Law Commission to undertake a project on Compulsory Owners Associations. They are exploring legal options for the establishment, formation and operation of compulsory owners’ associations and the rights and responsibilities to be imposed on them. The recommendations from the Scottish Law Commission are anticipated in Spring 2026 for consideration by Ministers. Following the Law Commission's recommendations, the Scottish Government will consider whether compulsory owners associations may be a route to ensure that those who are unable to self-evacuate have a person-centred risk assessment in place.

As part of the review of Section 2 (Fire) Scottish Government will explore the introduction of a Fire Safety Design Summary process for certain domestic buildings at both the design and completion stage and will review assumptions in guidance relating to means of escape, in particular for vulnerable and disabled people, and explore where these assumptions and current provisions may be improved, for example relating to evacuation lifts. This will include public and targeted further consultation with appropriate stakeholders such as Scottish Fire and Rescue Service, local authority verifiers, designers and fire engineers.

Examples of potential areas for development may be:

• develop a Fire Safety Design Summary process for flats and maisonettes in multi-storey domestic buildings. This may be limited to the completion stage only due to the occupant’s vulnerabilities being unknown at the design stage
• review assumptions made in guidance for means of escape of vulnerable and disabled people and explore potential areas for improvement of provisions, for example evacuation lifts
• consider possible delivery through a potential threefold compliance pathway as highlighted in the previous section 2.3.2 legal status of guidance
• explore a standardised approach to these (perhaps variable) calculations with guidance and clear methodology

Question 5

The following questions relate to rate of fire spread and means of escape for vulnerable and disabled people.

5(a) Do you consider current guidance on escape for vulnerable and disabled people to be effective and up to date?

Yes / No / Not sure

Please provide any evidence or examples to support views, contribution or comments.

Comments:

5(b) Is the current guidance easy to understand and consistently applied?

Yes / No / Not sure

Please provide any evidence or examples to support views, contribution or comments.

Comments:

5(c) What improvements or changes are needed in this area?

Please provide any evidence or examples to support views, contributions or comments.

Comments:

2.8 Fire Strategy / Fire Safety Design Summary

Recommendation 10 - we recommend that it be made a statutory requirement that a fire safety strategy produced by a registered fire engineer to be submitted with building control applications for the construction or refurbishment of any higher-risk building and for it to be reviewed and re-submitted at the stage of completion.

We recognise the relevance of this recommendation to improving the safety of building occupants. We note that it is phrased in the context of the current legislative regime in England. This recommendation seeks to reinforce the importance of a properly produced fire safety strategy in managing out risk at a building.

Comments are expressed that the fire strategy report for Grenfell fell short of the standard of work to be expected of a reasonably competent fire engineer.

It is a requirement in England that those responsible for building works provide fire safety information to the Relevant Person where the building is subject to the Regulatory Reform (Fire safety) Order 2005. This should set out, amongst other things, the fire safety strategy for the building, for implementation when in use.

This recommendation seeks to formalise a requirement for this to be produced by a fire engineer where the building is categorised as a higher-risk building. At present section 156 of the Building Safety Act simply requires the person producing such information for a qualifying building (new or existing) to be ‘competent’.

The recommendation asks that the 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. It therefore links to Recommendation 8 and Recommendation 57.

Regulation on this topic is a devolved matter, being addressed by regulatory and operational provisions flowing from The Building (Scotland) Act 2003 and The Fire (Scotland) Act 2005.

As noted under Recommendation 8, at present, there are no provisions specific to non-domestic buildings which mandate the production of a fire safety strategy. However, a (simple) fire safety design summary is sought for new non-domestic buildings.

As part of the review of Section 2 (Fire) Scottish Government will explore the introduction of a Fire Safety Design Summary process for certain domestic buildings at both the design and completion stage. This will include public and targeted consultation with appropriate stakeholders such as Scottish Fire and Rescue Service, local authority verifiers, designers and fire engineers, following this call for evidence.

Examples of potential areas for development may be:

• as part of the consideration to introduce a process of Fire Safety Design Summary for flats and maisonettes in multi-storey domestic buildings, include a consideration of the appropriate competence for those completing the summary.

Question 6

The following questions relate to fire strategies and fire safety design summaries.

6(a) Is the current guidance for fire strategies and fire safety design summaries effective and up to date?

Yes / No / Not sure

Please provide any evidence or examples to support views, contribution or comments.

Comments:

6(b) Is the current guidance easy to understand and consistently applied?

Yes / No / Not sure

Please provide any evidence or examples to support views, contribution or comments.

Comments:

2.9 Membership of the expert review group

Recommendation 9 - where possible, membership of bodies advising on changes to the statutory guidance should include representatives of the academic community as well as those with practical experience of the industry (including fire engineers) chosen for their experience and skill and extend beyond those who served in the past.

The recommendation is that review of provisions under regulation be discussed and developed by a wide range of experienced individuals who understand the theory and practice of delivering safe buildings. In addition, that engagement and involvement of new parties over time will assist in developing discussions around changes in practice and innovation.

Working groups are convened by BSD officials with advice from colleagues and key industry representatives based upon a description of the intended review (Terms of Reference). This includes representation from the academic and fire engineering communities.

We consider that we already adhere to the principle it sets out when considering the composition of working groups and review of building regulations.

Examples of potential areas for improvement may be:

• we will continue to analyse current membership and identify any further opportunities to broaden the range of experience and skills group members bring to the process.
• we will also consider how the review process itself can be communicated more effectively.

Question 7

The following questions relate to the role of the fire safety expert working group.

7(a) Do the fire safety working groups have suitable representation and inclusion from across industry and the wider fire sector?

Yes / No / Not sure

Please provide any evidence or examples to support views, contribution or comments.

Comments:

7(b) Do the fire safety working groups communicate their findings effectively?

Yes / No / Not sure

Please provide any evidence or examples to support views, contribution or comments.

Comments:

2.10 Regulating the profession of fire engineering

Recommendation 15 - we recommend that the profession of fire engineer be recognised and protected by law and that an independent body be established to regulate the profession, define the standards required for membership, maintain a register of members and regulate their conduct.

Recommendation 16 - in order to speed up the creation of a body of professional fire engineers we also recommend that the government take urgent steps to increase the number of places on high-quality Masters level courses in fire engineering accredited by the professional regulator.

Recommendation 17 - we recommend that the government convene a group of practitioner and academic fire engineers and such other professionals as it thinks fit to produce an authoritative statement of the knowledge and skills to be expected of a competent fire engineer.

We recognise that recommendations 15,16 & 17 are intrinsically linked.

The Scottish Government accepts all recommendations relating to the profession of fire engineering and will work with the UK Government to ensure where possible that a four nations approach is taken to regulating the profession. Regulation of professions is a UK matter under The Professional Qualifications Act 2022 and the UK Government are working through the fire engineers advisory panel which is an expert panel established in April 2025 to provide advice to Government on the fire engineering profession and what to expect from a competent fire engineer.

Devolved administrations and a range of public sector bodies will have an active interest in the development of this discussion and the case for regulation of profession. We will seek to contribute to this work, led by the UK Government.

Question 8

The UK Government’s Fire Engineers Advisory Panel has recently published their “Authoritative Statement” on the knowledge and skills to be expected of a competent fire engineer. We are seeking views on the wider fire engineering profession. Fire Engineers Advisory Panel: Authoritative Statement - GOV.UK

8. Do you have any views or comments on the regulating of the fire engineering profession?

Please provide any evidence or examples to support views, contributions or comments.

Comments:

2.11 Simple omissions and issues for example outdated references that could maybe be resolved with early revisions

Where further research or consultation for minor changes within the guidance is not required due to simple updates or correction of minor changes we will seek to undertake such changes at the earliest opportunity rather than with any fundamental changes from the Section 2 (Fire) review. For example, reference with annexes is made to BS5839 2002 where this can be simply updated to the current version, 2017.

Question 9

9. Do you think there is a need for any other revisions of the technical handbooks and guidance (Section 2 Fire)?

Yes / No / Not sure

Please provide any evidence or examples to support views, contribution or comments.

Comments: