Legal Q&A: Grenfell Tower Inquiry Report:
Phase 2 - Key takeaways for civil engineers
The Grenfell Tower Inquiry Phase 2 report published on 4 September 2024, provides a comprehensive examination of the response and recovery efforts following the Grenfell Tower fire on June 14, 2017.
The report identifies numerous deficiencies in the regulatory framework, emergency response, and construction practices. This article highlights the key takeaways from the report and analyses the direct implications of the report’s recommendations on the civil engineering industry.
Overview of the recommendations
New bodies in construction projects
Construction regulator
The report recommended the creation of a single independent body, referred to as the construction regulator, to oversee and ensure the safety and compliance of the construction industry. This body would consolidate various functions currently dispersed among multiple bodies, including the regulation of construction products, development and certification of fire testing methods, oversight of building control, and licensing of contractors for higher risk buildings. Additionally, the regulator would monitor the building regulations and statutory guidance, conduct research on fire safety, and maintain a publicly accessible library of test data and publications.
On its formation civil engineers will need to engage with this regulatory body, ensuring compliance with unified standards and procedures. This will streamline the regulatory process and provide clearer guidance on safety and construction practices for civil engineers.
Chief construction advisor
The report recommends creating a new role of chief construction adviser (CCA) to provide expert advice to the Secretary of State on all matters affecting the construction industry, including the building regulations and statutory guidance. The CCA will monitor the performance of the construction industry, advising on necessary changes to regulations and guidance, and ensuring that safety is prioritised in all construction activities. The CCA is expected to have a broad scope of involvement in construction projects.
The introduction of the CCA role is poised to have a significant impact on civil engineers, who are integral to the construction industry. The CCA will bring a higher level of scrutiny to construction projects which may lead to civil engineers encountering; more rigorous inspections and audits, closer working relationships with fire engineers and other specialists to ensure that fire safety is integrated into every aspect of their projects, enhanced training and certification programs, and mandatory requirements to stay updated with the latest regulations and best practices.
Fire engineer
The report heavily criticised the construction industry for the insufficient involvement of fire engineers in construction projects, which resulted in regulatory gaps and poor risk assessments. The report called for a compulsory involvement of fire engineers in construction projects. Specifically, the report recommended the fire safety strategy must be produced by a registered fire engineer and must be submitted with building control applications for the construction or refurbishment of any higher-risk building. The strategy must be reviewed and resubmitted at the stage of completion and taking into account the needs of vulnerable people.
The increased role of the fire engineer within projects will have a significant effect on the execution of projects. Civil engineers will be required to work closely with the fire engineers and increase their knowledge of fire safety by considering fire safety more rigorously in their designs, particularly in higher-risk buildings, undertaking professional development in fire engineering principles, being more diligent in selecting materials and products that meet fire safety standards and ensuring that projects comply with the revised building regulations and statutory guidance.
Legislation and guidance
Definition of higher-risk buildings
The Building Safety Act 2022 introduced the new category of higher-risk buildings, which are defined in the act as buildings which are at least 18 metres in height or at least seven stories and contain at least two residential units. The report criticised this definition for being ‘arbitrary in nature’ and disagreed with labelling a building as higher-risk based on its height. The report recommends expanding the definition by analysing the purpose and nature of the use of every individual building, with a focus on the presence of vulnerable people.
Approved document B
The inquiry found that approved document B (ADB) was poorly worded and liable to mislead designers into thinking that compliance with its terms would ensure compliance with the building regulations. The report recommended an urgent review of ADB, considering expert evidence from fire safety professionals, and keeping it under continuous review.
The inquiry commented that a fresh approach needs to be taken to reviewing and revising the building regulations and statutory guidance, which must be driven primarily by considerations of safety.
The inquiry commented that a fresh approach needs to be taken to reviewing and revising the building regulations and statutory guidance, which must be driven primarily by considerations of safety. The report recommended that those 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).
A key recommendation in respect to ADB requires that a revised version of ADB should contain 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.
Civil engineers will need to stay updated with the latest revisions of ADB, engage in continuous professional development to ensure awareness of the latest fire safety standards and practices, this will likely involve more frequent training sessions and possibly the need for additional certifications. Civil engineers will need to exercise greater diligence in ensuring that their designs not only comply with the guidance in ADB but also meet the broader legal requirements of the building regulations.
Testing regime and certification
The report heavily criticised the current testing and accreditation methods that are used in the construction industry, such as BS 8414 and BR135 as being unfit for purpose and the BR 135 compliant system was criticised for not being effective in restricting the non-compliant fire advances.
Civil engineers will need to exercise greater diligence in ensuring that their designs not only comply with the guidance in ADB but also meet the broader legal requirements of the building regulations.
It also criticised product marketing material for wrongly claiming compliance, commenting that some sellers in the construction industry engaged in a deliberate and sustained strategy to manipulate the testing process, misrepresent test data and mislead the market.
The report contains recommendations that are designed to address these issues comprehensively, focusing on the development of new test methods, the certification of products, and the publication of test data.
The recommendations have far-reaching implications for civil engineers, who play a crucial role in the design, construction, and maintenance of buildings. Civil engineers will need to ensure that (1) the materials and products they specify and use in construction projects comply with the new, more stringent testing and certification standards (2) they collaborate with qualified fire engineers and (3) adapt to longer project timelines and increased costs which the new testing and certification requirements may initially lead to.
Contractors
The report identified that during the organisation of the Grenfell Tower refurbishment, the principal contractor failed to clearly set out the responsibilities of subcontractors and did not prioritise fire-safety.
The introduction of new regulatory bodies, revised guidelines, and stricter compliance measures will necessitate a more rigorous, informed, and collaborative approach to construction and fire safety.
The report recommended introducing a new licensing scheme for contractors engaging in projects on higher-rise buildings which would be operated by the construction regulator, to ensure those working on these buildings are qualified by experience and organisation to do so which should lead to an increase in competence.
Civil engineers working for licensed contractors will be held to higher standards of accountability. They will need to ensure that their designs and construction methods comply with the latest regulations and safety standards.
Key takeaways
The Grenfell Tower Inquiry Phase 2 report’s recommendations aim to overhaul the construction industry’s approach to safety, with significant implications for civil engineers. The introduction of new regulatory bodies, revised guidelines, and stricter compliance measures will necessitate a more rigorous, informed, and collaborative approach to construction and fire safety.
The UK Government has acknowledged the recommendations in the report and has indicated commitment to implementing the changes. Civil engineers should stay informed and consider the effect of any changes on their current and future projects, as the industry will be subjected to greater scrutiny and must adapt to new practices.