NFCC calls for “modernisation and reform” of Building Regulations

The Building Regulations 2010 set performance standards that all buildings must meet. They’re supported by statutory guidance in the Approved Documents. However, in the pages of its Building Regulations and Guidance Position Statement, the NFCC warns the current system is “outdated” and, further, suggests the guidance no longer reflects modern construction methods, changes in building use or the needs of a diverse or ageing population.

Much of the guidance for the Building Regulations is still based on post-World War II building studies and, according to the NFCC, has not kept pace with new risks or new legislation (including the Equality Act 2010 and the Building Safety Act 2022).

The NFCC’s Position Statement highlights that:

*Approved Documents don’t guarantee compliance with the Building Regulations, while non-compliance doesn’t automatically incur liability, in turn creating ambiguity that demands clearer standards, stronger competence and improved oversight

*critical areas (including guidance on access and facilities for Fire and Rescue Services) have gone more than a decade without meaningful review

*building design must enable all residents to evacuate without external assistance, yet current Government guidance still doesn’t require evacuation lifts – even in new residential buildings – and fails to reflect the fact that many residents cannot safely use stairs in an emergency

Human factors

NFCC chair Phil Garrigan commented: “Buildings should be designed with the safety of the occupier in mind. Safety should never be compromised or considered secondary to the building design, while the design should be inclusive and accessible from the outset.”

Garrigan continued: “The Grenfell Tower fire highlighted the need to consider the human factors that can affect an individual’s ability to leave a building safely. This must be built into planning and design from the very beginning.”

Further, Garrigan observed: “Our Position Statement is clear. The Building Regulations guidance is outdated, hasn’t kept pace with modern methods of construction, is too often misunderstood and too slow to change. Residents including those with mobility impairments or other vulnerabilities have the right to expect that, should they need to, they can evacuate – or be supported to evacuate – their homes safely. Those responsible for designing, constructing and managing buildings must adhere to clear and consistent standards.”

In addition, Garrigan commented: “The Government’s commitment to further consultation and regular review of Approved Document B is welcome, but it must translate into meaningful and timely action. We need a modern, inclusive and accountable system that reflects how people live today and ensures tragedies like the Grenfell Tower fire can never be repeated.”

Cultural shift

Dame Judith Hackitt’s 2018 Independent Review of Building Regulations and Fire Safety called for a cultural shift towards prioritising safety and consideration of how buildings will be used and managed once complete. Fire and Rescue Services provided advice on more than 45,000 Building Regulation-focused consultations last year, yet this advice is not always acted upon (which can lead to costly measures including Prohibition Notices and the introduction of Waking Watch patrols).

The NFCC also highlights that current interpretations of the guidance allow developers to exploit ‘non-worsening’ provisions, avoiding the installation of critical life safety systems such as sprinklers and firefighting lifts, even when these could be added at minimal cost during refurbishment procedures.

Without regulatory action to stop these practices, the NFCC warns that the culture change envisaged by the Independent Review will not be achieved.

Firefighters must be able to rely on buildings to provide safety for firefighters and adequate facilities that allow them to perform their role. This requires clear standards for vehicle access, adequate water supply, properly designed firefighting shafts and effective ventilation in corridors and basements, thereby ensuring that fire crew members have the best possible conditions to save lives.

Key recommendations

Importantly, the NFCC’s Position Statement makes three core recommendations to Government:

*Regularly update Approved Documents

Ensure comprehensive reviews at least every five years, with clearer definitions of common building situations, mandatory evacuation lifts in all new residential buildings, retrofitted sprinklers in single-stair high-rises, improved firefighter access and water supply provisions and explicit consideration of long-term management responsibilities

*Strengthen competence across the system

Examination of the Grenfell Tower Inquiry Panel’s Phase 2 recommendations, including licensing for principal contractors on higher-risk buildings and mandatory accreditation for fire risk assessors, supported by a Government-led Construction Skills Strategy designed to address workforce gaps

*Improve oversight and accountability

Protect Building Control bodies from commercial pressures, make Fire and Rescue Service advice statutory, review non-worsening provisions to prevent the avoidance of safety upgrades and enforce Operational Standards Rules on a consistent basis