Agenda item

Peter Baker, Health & Safety Executive, to attend.

The Chair invited Charles Loft, Senior Adviser, and Peter Baker, Director of Building Safety & Construction at the Health & Safety Executive (HSE), to introduce the item.

Charles explained that the Building Safety Bill, which will introduce a stringent new regime for higher risk buildings, would be starting its legislative journey through Parliament early in 2021. A key part of the Bill is the establishment of a new Building Safety Regulator (BSR) in the HSE and Peter Baker was here to explain some of the implications of the new regime for FRAs.

Peter explained the journey that had led to the creation of a new BSR from the Grenfell Tower tragedy and subsequent Inquiry to the Hackitt review and the Building Safety Bill. The Housing, Communities & Local Government Select Committee had recently published its pre-legislative scrutiny report on the draft Bill and MHCLG was currently considering the recommendations.

Peter then ran through the key functions of the BSR including delivering the new regime for buildings in scope and promoting competence and providing oversight for all buildings. He said that the key principle, which underpinned workplace health & safety legislation, but not currently building safety, was that it is the responsibility of those who create risk to manage and control it. This would be a step-change in approach for building owners and managers and the BSR would play a key role in education and training. A new Joint Regulators Group had been established with representation from the LGA, NFCC and Local Authority Building Control which was working with the HSE to develop and pilot new approaches to regulation, in part with a group of Early Adopters from the sector.

Peter explained the proposed new ‘Gateway’ approach for in scope residential buildings – Planning, Preconstruction, and Building Completion – which would all need to be signed off before the building could be occupied. Gateway 1 – planning – would start to be implemented in April 2021.

Peter said that FRAs and councils were central to the success of the new regime, not only through the Joint Regulators’ Group and the Fire Protection Board but also through multi-disciplinary teams that would be established by the BSR to provide specialist expertise in order to make key regulatory assessments. FRAs would have a key role in ensuring competence and capability in the sector in their areas and there would be an important interaction with new enforcement responsibilities under the reformed Fire Safety Order. Peter added that there would need to be a more sophisticated prioritisation process in terms of risks and consequences rather than one simply based on height. FRAs would also have an important role in encouraging behaviour change and enhancing the existing system before the new regime was formally introduced.

The Chair thanked Peter for his comprehensive presentation and invited members to comment:

·       The new legislation was considered pivotal to strengthening regulation and preventing any more disastrous fires such as at Grenfell Tower. The ongoing Inquiry was showing that the current system was completely inadequate.

·       FRAs will need to assess what the resource implications would be for them from the new regime. This will need to tie in with the LGA/NFCC work around the Spending Review.

·       The expectations on FRS’s around enforcement will increase significantly under the new regime. This behaviour change will be challenging for services that have traditionally taken a risk-averse approach, and training will therefore be crucial.

Decision:

·       Fire Services Management Committee noted the presentation and the LGA’s continuing work in relation to the Building Safety Bill.