Reacting to Grenfell…

Calling out the private and public sector, government, construction firms and regulators, it found improper use of flammable cladding as the main cause of the fire’s rapid spread, unearthing a long and shameful history of ignored warnings and exposed “systematic dishonesty” among companies responsible for providing fire safety products.

It paves the way for criminal prosecutions​ and so widespread and common were the failings, the report recommends creating a new independent body to oversee fire safety.

Since Grenfell, measures to improve safety and accountability have been introduced. The Building Safety Act 2022, banning combustible cladding on buildings over 18metres, the Building Safety Fund and £5bn Cladding Remediation Fund to remove unsafe cladding, enactment of the Fire Safety Act 2021 clarifying responsibility for building owners to assess and mitigate fire risks and stricter oversight via the new Construction Products Regulator. A licensing system for contractors on high-risk buildings was recommended, so only qualified and regulated professionals are involved in such projects.

Square One has updated guidance on the Building Safety Act, addressing some long-standing issues, but debate continues around whether it goes far enough.

Among its provisions is the creation of a Building Safety Regulator, responsible for safety, standards and compliance in high-rises buildings. It also introduces inspection powers, enforces sanctions and holds developers accountable for safety breaches.

Developers and contractors face extended liability claim periods and the introduction of the “duty holder” concept, responsible for safety throughout a building’s lifecycle. It extends the period leaseholders can claim compensation for defects via the Defective Premises Act from six to 15 years, which applies to buildings completed 15 years before the Act became law.

Another feature is leaseholders in buildings over 11 metres are protected from costs of fixing historical defects (such as unsafe cladding). The Act restricts how much leaseholders can be charged for non-cladding costs (capped at £10,000 or £15,000, depending on location). Freeholders and developers are expected to fund remedial work. Building Remediation Orders and Building Liability Orders allow courts to compel developers, associated companies, or responsible parties to pay for remedial work.

While the Building Safety Act 2022 is a significant step forward, it has limitations. Notably, that leaseholders must still bear some cost, particularly for non-cladding-related defects.

Not all unsafe buildings are adequately addressed by the Act, and it remains difficult to enforce accountability on developers and contractors. Implementation delays and complex regulations also have potential to slow down much-needed remediation.

Further reforms may be necessary to fully protect leaseholders and those responsible are held accountable for safety failures.

While the Met Police continue investigations, prosecutions are expected and may target construction firms, councils, and regulators found to have been negligent.

While all these measures are welcomed and reflect efforts to prevent a repeat of Grenfell, challenges remain, particularly in the speed of remediation and addressing accountability​.