The Grenfell Tower disaster, which occurred more than seven years ago, triggered one of the most significant public inquiries. The Inquiry released its Phase 1 Report in October 2019, which focused on the night of the fire. The final Phase 2 Report, published on 4 September 2024, offers a thorough examination of the systemic failures across the construction, regulatory, and governmental sectors.
The Phase 2 Report unequivocally concludes that all parties involved in the refurbishment of Grenfell Tower, including construction companies, product manufacturers, accreditation bodies, and government departments, failed in their responsibilities to uphold fire safety standards. This was not merely a case of individual errors but a reflection of widespread industry failures that have developed over decades, creating a dangerous environment where fire safety was deprioritised.
Understanding fire safety obligations in construction
The Inquiry found that none of the construction parties properly understood their contractual and statutory fire safety obligations—a revelation that is unsurprising to professionals advising the construction industry. The Phase 2 Report highlights the industry’s inadequacies in understanding fire safety standards, made worse by how Building Regulations have evolved over the last 25 years.
The deregulation of the construction industry, encouraged by successive governments, contributed to the Grenfell Tower disaster. Over this period, fire safety regulations were subject to interpretation rather than strict enforcement. The report points out that the construction industry has been allowed to "mark its own homework," leading to a general lack of oversight and the subsequent tragedy.
The report, spanning seven volumes and nearly 1,700 pages, provides a detailed examination of:
- The historical development of building regulations and fire safety standards.
- Testing, marketing, and certification practices of construction materials and the fire testing regime.
- The management of fire safety at Grenfell Tower, particularly the roles played by those involved in the design, procurement, and implementation of the re-cladding works.
- The identification of victims and the individual circumstances surrounding their deaths.
The Phase 2 Report offers a critical analysis of the construction industry's practices and proposes wide-reaching recommendations that, if implemented, will transform the industry and make fire safety a top priority across all projects.
Regulatory changes since the fire
Since the release of the Phase 1 Report, the regulatory framework for fire safety, especially in higher-risk residential buildings, has undergone significant reforms. These include updates to Building Regulations, the introduction of the Building Safety Act 2022, and the establishment of a Building Safety Regulator. These changes represent a substantial shift in how fire safety is regulated and enforced across the UK.
However, the Phase 2 Report goes further, proposing additional reforms that aim to strengthen fire safety and construction oversight even more. If these recommendations are implemented, the construction industry will face much tighter regulation, particularly in the design and construction of higher-risk buildings.
Current regulatory frameworks, such as Section 1 of the Defective Premises Act 1972, impose duties on designers and constructors to ensure buildings are safe. The Golden Thread of Information, introduced by the Building Safety Act, mandates that safety requirements must flow down the supply chain, ensuring comprehensive safety oversight from design through to construction and maintenance. Despite these advancements, the Phase 2 Report stresses that more needs to be done to improve accountability and regulatory compliance within the industry.
Key recommendations for reform
1. Clients
The Phase 2 Report underscores the need for clients who commission construction projects to have a clearer understanding of their legal obligations under Building Regulations. This is already a requirement under the Building Safety Act 2022, but the report recommends the introduction of a Building Regulation compliance statement, approved by the client, as sufficient to demonstrate the client’s understanding and compliance.
2. Contractors
The report focuses heavily on the role of Design and Build (D&B) contractors, a primary procurement method in the construction industry. D&B contractors are tasked with ensuring building safety throughout the construction process, and the report recommends the introduction of a licensing scheme for contractors involved in high-risk buildings. This licensing scheme would be overseen by a new construction regulator, ensuring that contractors have the requisite skills and expertise.
Moreover, the report suggests that any application for building control approval should be accompanied by a personal undertaking from a senior manager or director of the principal contractor, affirming that the completed building complies with Building Regulations. This recommendation introduces potential personal civil and criminal liability for senior executives and directors. This could expose contractors and their professional indemnity insurers to significant claims, particularly in cases where building standards are not met, or lives are put at risk.
3. Fire engineers
The Inquiry found that the fire engineering profession needs formal recognition and regulation. The report calls for the creation of a professional body to oversee the title, qualifications, and conduct of fire engineers, with statutory authority to enforce regulations. This would address the current shortage of qualified fire engineers, a problem that has crippled the industry and contributed to unsafe construction practices.
4. Architects
Architects, particularly those acting as principal designers, will have greater accountability under the Phase 2 Report’s recommendations. It proposes that any application for building control approval for a high-risk building must be supported by a statement from a senior manager of the principal design firm, confirming that the building design meets Building Regulations. This would place more responsibility on architectural firms to ensure safe designs, potentially exposing them and their insurers to civil or criminal liability if standards are not met.
Fragmented regulatory framework and the call for consolidation
The Inquiry highlights how the regulatory oversight of the construction industry has become fragmented, with responsibility for fire safety distributed across various government departments, local authorities, and commercial organisations. This fragmentation has led to inefficiencies and a lack of enforcement. The Phase 2 Report recommends that the government consolidate fire safety responsibilities under a single regulatory body. This body would oversee the entire construction process, from the regulation of building control to the certification of construction products.
Key reforms recommended include:
- Unifying fire safety oversight within a single government department for efficiency and accountability.
- Revising Building Regulations and statutory guidance, including a comprehensive review of Approved Document B (ADB).
- Introducing statutory requirements for documentation to support building control applications at Gateways 2 and 3.
- Licensing contractors working on high-risk buildings to ensure they possess the necessary skills and expertise.
These changes aim to streamline regulatory oversight and improve compliance, ensuring that fire safety standards are consistently enforced across all stages of construction.
The way forward for the construction industry
The Phase 2 Report marks a significant turning point for the UK construction industry. It makes clear that the failures that led to the Grenfell disaster were systemic and will require far-reaching reforms to prevent future tragedies. The recommendations, if adopted, will reshape the regulatory landscape, placing a greater emphasis on fire safety, accountability, and the competence of those involved in construction projects.
The report’s 58 recommendations will drive comprehensive changes, particularly in the areas of design, material selection, and construction practices. It is crucial that the industry and regulators act quickly to implement these reforms, ensuring that fire safety remains the top priority for all professionals involved in the building lifecycle.
Criminal investigations and accountability
In addition to the regulatory reforms, a criminal investigation into the Grenfell Tower fire is ongoing. More than 180 police officers are investigating 58 individuals and 19 companies for potential charges, including corporate manslaughter, gross negligence manslaughter, and fraud. The Metropolitan Police has stated that it could take another 12-18 months before any charges are brought forward as investigators review the report in detail before presenting their findings to the Crown Prosecution Service.