Grenfell Tower Inquiry phase 2 report: Scottish Government response

6: Building Standards, fire tests and product certification

Background

Recommendation 5 to 9 focus on the need for change due to a lack of clarity on the effectiveness of England’s Approved Document B (Fire) leading up to the Grenfell fire. It 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 how change is delivered.

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.

Issues relating to the supply of water for firefighting was also considered and how this impacted on the response to the Grenfell Tower fire. Recommendation 40 seeks clarification in the wording and application of a manufacturing standard for fire hydrants as a product. This relates to the declared design flow rate.

Most of the recommendations under this theme can be categorised as supporting beneficial change through:

• access to reliable information on product performance
• application of such information by informed parties, and
• effective verification of the outcome of design and construction decisions.

Building regulations are a devolved matter. In Scotland building regulations set out the technical requirements applicable to building work to protect the public interest. The published Technical Handbooks explain how to achieve the requirements set out in the Building (Scotland) Regulations 2004. Provisions are reviewed regularly in consultation with industry stakeholders. Implementation of the building standard process is reliant on informed and effective action by all of those involved in the design, construction, and verification of building work. This includes citation of, and reliance on, a robust UK products standards and certification.

Compliance with building regulations in Scotland is being strengthened through the work of the Building Standards Futures Board. The development of a more evidence-led approach to compliance with building regulations through the Compliance Plan Approach workstream will focus initially on life safety matters in relation to high-risk buildings (see Recommendation 2).

Recommendation 5 (para 113.11)

We recommend that statutory guidance generally, and Approved Document B in particular be reviewed accordingly and a revised version published as soon as possible.

Rationale

The Inquiry focussed on the need for change due to the lack of clarity on the effectiveness of England’s Approved Document B (Fire) leading up to the Grenfell fire. It reported on a range of issues that continued over several years and versions of the document. While parts of guidance relating primarily to cladding requirements were identified, the recommendations consider there is a need for a full review of the Approved Document and of the provision of statutory guidance generally.

Scottish context

Building regulations are devolved, and Scotland has its own guidance and regulations. Regulations applicable to construction work are set out using powers under the Building (Scotland) Act 2003. Those regulations and the publication of guidance in support of regulations and mandatory standards are the responsibility of Building Standards Division. Section 2 (Fire) of the Building Standards Domestic Technical Handbook is the Scottish Equivalent to Approved Document B in England.

Since 2017, three reviews of fire safety provisions within Scottish building regulations have been undertaken and concluded. Broader review on the application of building regulations to high-risk buildings is also underway through the Building Standards Futures Board (see section 12.3).

Scottish Government response

The Scottish Government accepts the recommendation. We will undertake a fundamental review of Section 2 (Fire) of the Domestic Technical Handbooks. This will begin with a Call for Evidence this year that will be used to shape and inform a review.

Recommendation 6 (para 113.12)

A revised version of the guidance contains 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.

Rationale

The Inquiry focussed on the need for change due to the lack of clarity on the effectiveness of England’s Approved Document B (Fire) leading up to the Grenfell fire. It reported on a range of issues that continued over several years and versions of the document. While parts of guidance related primarily to cladding requirements were identified the recommendations consider there is a need for a full review of the Approved Document.

Scottish context

This is a devolved matter. Regulations, standards, and guidance on standards for fire safety in domestic buildings have been subject to three completed reviews since 2017. 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.

Scottish Government response

The Scottish Government accepts this recommendation. As part of our Call for Evidence we will seek information to determine whether the current approach to defining mandatory standards and supporting guidance for Section 2 (Fire) is robust, clearly understood and consistently applied to deliver the intended safety outcomes for building work and where improvement should be focussed.

Recommendation 7 (para 113.13)

New materials and methods of construction including practice of over cladding existing buildings make the existence of effective compartmentation a questionable assumption recommend that it (stay put policy) be reconsidered when Approved Document B is revised.

Rationale

It is made clear in the report 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.

It was also noted 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.

Scottish context

This is a devolved matter. 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 elements between individual dwellings in a larger building. This also extends to measures to prevent the spread of fire on the facade of a building.

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.

Scottish Government response

The Scottish Government accepts this recommendation. We recognise and accept the concern identified. Our response will focus initially on mitigating the risk associated with that concern through the review of standards noted under Recommendation 5.

The outcome of the review should be to deliver assurance that any new materials and methods of construction, and the practice of over cladding existing buildings can be managed properly, and effective compartmentation is demonstrated. Where residual risk remains, this should inform the discussion on the management of a building and the response to a fire incident.

Recommendations 8 (para 113.13) and Recommendation 10 (para 113.15)

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.

It is 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.

Rationale

The Inquiry identified the need to formalise a requirement for a fire safety strategy for the building to be produced by a fire engineer where the building is categorised as a higher-risk building. 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. It is also recommended that such assessment be undertaken by a fire engineer as part of the building fire safety strategy and considered at design stage and again at completion.

Scottish context

This is a devolved matter and is linked to Recommendation 7. The need for a review and improvement in how compliance with the mandatory standards set under Scottish building regulations is demonstrated has been identified. Guidance within the Domestic Technical Handbook (clause 2.0.7) identifies that there will be situations where fire safety in high-risk buildings maybe 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 or 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, regardless of whether fire engineering principles are applied or not. No similar provision is currently sought for new dwellings.

Scottish Government response

The Scottish Government accepts these two recommendations. Work will be taken forward starting with a Call for Evidence (part of Recommendation 5) seeking views on a proposal to introduce a requirement for a fire safety strategy for multi-storey domestic buildings. Consideration will be given to the content and provenance of such a document, developed and submitted at design stage and reconfirmed on completion.

Recommendation 9 (para 113.14)

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.

Rationale

In the report, there is no further explicit commentary on the composition or competence of the groups brought together by UK Government to review fire safety standards and guidance within building regulations.

Scottish context

This is a devolved matter. In Scotland, working groups are convened by officials with advice from Scottish Government colleagues and key industry representatives based on a description of the intended review (Terms of Reference). This includes representation from the academic and fire engineering communities and colleagues in other administrations.

Scottish Government response

The Scottish Government accepts this recommendation. We will undertake analysis and reporting on recent review activity and the composition of working groups to 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.

Recommendation 11 (para 113.17)

That steps be taken in conjunction with the professional and academic community to develop new test methods that will provide the information needed for such assessments (fire) to be carried out reliably.

Rationale

This recommendation identified the challenges of assessing products and systems to provide a robust real-world assessment of performance in respect of fire and the limitations inherent in current testing regimes. The need for new test methods offering a more robust and reliable outcome for a given design scenario is identified.

Scottish context

The development of national standards by a UK Notified Body is a reserved matter, however, there is devolved interest in the development of proposals where fire performance standards for products or systems are material to policy or operational delivery of change.

Scottish Government response

The Scottish Government accepts the recommendation and will actively seek engagement and will work with UK Government counterparts, UK Government Building Safety Regulator and standing committees at the British Standards Institution on fire safety and construction product matters.

Recommendation 12 (para 113.18)

That BS 9414 Fire performance of external cladding systems - should not be used as a substitute for an assessment by a suitably qualified fire engineer.

Rationale

Reference is made to BS 9414:2019 ‘Fire performance of external cladding systems – the application of results from BS 8414-1 and BS 8414-2 tests.’ The report discusses the use of BS 8414, Fire performance of external cladding systems and BR 135, Classification Report to assess the performance of an external wall system. It notes the limitations inherent in the test regime and the challenges in correctly applying test results only to relevant situations. The mis-marketing of the performance of products in relation to citation within reports produced under this test regime and the lack of knowledge / rigour of those certifying such products is also identified. Concern, based upon expert advice, is that the use of BS 9414 will encourage people who are not trained fire engineers to think that they can safely assess the performance of a proposed external wall system by extrapolation from information obtained from BS 8414 tests on one or more different systems.

Scottish context

Continued citation of BS 9414 in the Technical Handbooks is a devolved matter. Since 29 March 2021, Scottish Ministers have required verifiers to notify all projects where BS 8414 is cited in respect of compliance with fire standards. To date, no notifications have been received strongly suggesting that BS 8414 test data is no longer being considered as a compliance route by developers. Changes to regulation 8 in June 2022 mean that BS 8414 can no longer be used to demonstrate compliance for new domestic and other high-risk buildings with any storey above 11 metres.

Scottish Government response

The Scottish Government accepts this recommendation. Work will be taken forward with a Call for Evidence (Recommendation 5) referencing those situations where compliance which relies upon citation of BS 8414 test outcomes may still apply.

Recommendation 13 (para 113.22)

That the construction regulator should be responsible for assessing the conformity of construction products with the requirements of legislation, statutory guidance and industry standards and issuing certificates as appropriate.

Rationale

The Inquiry found failings of the British Board of Agrément (BBA) in certifying products for use in cladding. The failings call into question the management of testing and certification of products. Linked to Recommendation 1 which seeks to draw together a range of related functions including the current product testing and certification regime under the control of a single UK regulator.

Scottish context

This is a reserved matter, but there is a devolved interest in the development of any proposals and the development of a more robust UK product standards and certification regime.

Scottish Government response

The Scottish Government accepts this recommendation and will continue to engage with the UK Government to assist in such development and offer commentary on any provisions we know will be of relevance to implementation of such measures in Scotland.

Recommendation 14 (para 113.23)

Clarity is required to avoid those who rely on certificates of conformity [of construction products] being misled. Recommend:

a. that copies of all test results supporting any certificates be included in the certificate

b. manufacturers are required to provide the construction regulator with the full testing history of the product or material and inform regulator of any material circumstances that may affect its performance

c. manufacturers be required by law to provide on request copies of all test results that support claims about fire performance made for their products.

Rationale

The Inquiry set out extensive evidence and commentary on the current regime for the testing, certifying, and marketing of products in the UK. This recommendation addresses the provisions applied by the regulator and manufacturers on the completeness of certification data, level of disclosure / maintenance of documentation and duty to make information available. Linked to Recommendation 1 which seeks to draw together a range of related functions including the current product testing and certification regime under the control of a single UK regulator.

Scottish context

This is a reserved matter but, as with Recommendation 13, there is a devolved interest in development of proposals. There is a need to have in place a robust UK product standards and certification regime.

Scottish Government response

The Scottish Government accepts this recommendation and will continue to engage with the UK Government to assist in such development and offer commentary on any provisions we know will be of relevance to implementation of such measures in Scotland.

The Scottish Government will work with the SBSH to develop training for verifiers in Scotland on the review and acceptance of third-party certification of construction products. The training could be delivered through SBSH’s on-line learning platform and by other means.

Recommendation 40 (para 113.64)

That the British Standards Institution amend BS 750, Specification for underground fire hydrants and surface box frames and covers to include a description of the circumstances under which the flow coefficient to which it refers in paragraph 10.2 is to be measured.

Rationale

The Inquiry identified issues relating to the supply of water for firefighting and how this impacted on the Fire and Rescue Service response to the Grenfell Tower fire. This included commentary on the reliability of flow rates from hydrants and declared minimum flow coefficients.

Scottish context

The setting of standards via the UK Notified Body, the British Standards Institution, is a matter reserved to the UK Government. Representatives from devolved administrations and the construction sector are involved in the development of standards.

Scottish Government response

The Scottish Government accepts this recommendation. It is noted that the UK Government response of 26 February 2025 states that the British Standards Institution accepted this recommendation and will amend BS 750 to clarify the matter and expect revision to the standard to be made this year.