Those expecting further advice may have been disappointed, as the January Advice is largely a consolidation of the existing MHCLG advice notes regarding fire safety issues in GRP composite fire doors, high-pressure laminate (HPL) cladding, aluminium composite material (ACM) cladding systems, and timber balconies. In particular, a critical omission from the January Advice is the detailed fire test reports from MHCLG’s GRP composite fire door test programme (undertaken in 2018). The January Advice tacitly acknowledges this omission, by advising building owners that “where a large number of doors are involved, and there is significant uncertainty as to the likely fire resistance, advice should be sought from a specialist and/or a sample door might be tested in accordance with BS 476-22/ EN 16324-1”.
The January Advice does offer some helpful indicators as to what steps MHCLG expect building owners to take when assessing fire safety issues, and confirming that engaging with fire safety issues should not be limited to owners of high-rise residential buildings. Headlines include:
Moving Forwards
Much of the focus of the January Advice is on building owners taking a proactive approach to fire safety, pending the Fire Safety Bill and establishment of the new Building Safety Regulator. The lack of new information, particularly in relation to GRP composite doorsets, has the potential to impede door replacement programmes and claims for the recovery of door replacement costs. The consequence is that the burden is placed on social housing providers to undertake fire tests of GRP composite doorsets they consider may not meet the minimum 30 minutes’ fire resistance.
The last headline (at paragraph 11.7 of the January Advice) is particularly notable because it appears to advise building owners to undertake Type 4 Fire Risk Assessments including intrusive investigations into buildings. This is new advice from MHCLG. In our experience, intrusive investigations will often identify construction problems, even if those problems are unrelated to the nature of the investigation.
Our advice is that where social housing providers undertake Type 4 Fire Risk Assessments, they should also review the building contracts and professional appointments relating to the buildings in question. This will help to identify if defects can be remedied under those contracts, or the cost of a remedial scheme recovered from the parties responsible. It is also recommended that social housing providers seek support from an independent fire safety expert who can advise on the nature and extent of any fire safety defect, and on what constitutes an effective remedial solution.
Further information
If you have concerns about fire safety risks or have any other questions in relation to this ebriefing, please do not hesitate to contact Lorna Kenyon and Andrew Lancaster.
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