Scotland to ban combustible cladding

Materials barred from high-risk buildings over 11 metres

Legislation to improve fire safety and boost Scotland’s Net Zero ambitions has been laid before the Scottish Parliament.

Under the legislation, developers will be banned from using combustible cladding on high-rise buildings. Since 2005, new cladding systems on high rise blocks of flats have either had to use non-combustible materials or pass a large-scale fire test.

The building standards legislation removes the option of a fire test, completely prohibiting such materials from use on domestic and other high-risk buildings, such as care homes and hospitals, above 11m.

The highest risk metal composite cladding material will be banned from any new building of any height, with replacement cladding also required to meet the new standards.

The legislation also includes improvements to energy performance standards, aiming to make buildings easier to heat while ensuring they are well ventilated and comfortable to live in.

Building Standards Minister Patrick Harvie said: “This is the third set of changes made to fire safety standards for cladding in Scotland since the tragic Grenfell Tower Fire, requiring any cladding on domestic or other high risk buildings above 11m to be strictly non-combustible.

“Taken together with our new fire alarms regulations, covering all homes in Scotland regardless of ownership, this is yet another step on the Scottish Government’s mission to minimise the risk of deaths and injuries from fire.

“The energy improvements will deliver another important step toward improved energy and emission performance of our buildings, and we’ll be going further on this in 2024 with regulations requiring new buildings to use zero-emissions heating systems.”

The Building (Scotland) Amendment Regulations 2022 (legislation.gov.uk)

Changes to requirements on fire safety of cladding systems will be introduced on 1 June 2022, while improvements to energy and environmental standards will apply from 1 October 2022.

The changes have been brought in following public consultations in 2021 on the fire safety of cladding systems and on energy and environmental standards.

Supporting Technical Handbooks, which set out the full detail of changes, will be published from the start of May.

The combustible cladding ban will apply to all buildings with a storey 11m or more above the ground, and which contain:

  • a dwelling
  • a building used as a place of assembly
  • or as a place of entertainment or recreation
  • a hospital
  • a residential care building or sheltered housing complex or a shared multi-occupancy residential building.

MPs back TUC’s calls for asbestos removal from public buildings

On Thursday, MPs backed calls from the TUC for all asbestos to be removed from public and commercial buildings. 

Westminster’s Work and Pensions Select Committee published a report from its inquiry into asbestos management in which it cites TUC calls for stronger asbestos removal.  

Asbestos remains the biggest cause of work-related deaths in the UK according to the Health and Safety Executive (HSE), with 5,000 deaths recorded in 2019. And Britain has the highest rates of mesothelioma cases in the world. 

Asbestos is classed as carcinogenic, which means it can cause cancer and other serious lung conditions when fibres are inhaled.  

According to figures from the HSE asbestos is still found in around 300,000 non-domestic buildings despite a ban on the use of the substance in new buildings in 1999. 

Committee report  

The new report by MPs cites concerns that the likely dramatic increase in retrofitting of buildings in response to net zero ambitions means that more asbestos-containing material will be disturbed in the coming decades. 

The TUC says current asbestos management is not fit for purpose and has long called for new legislation requiring removal of all asbestos from public buildings. 

Today MPs have called for a 40-year deadline to remove all asbestos from public and commercial buildings. The TUC welcomes the news but says a 40-year deadline is not ambitious enough. 

The report also calls for more funding for the HSE to support this increased programme of work. 

Asbestos dangers 

There is no safe threshold of exposure to asbestos fibres – inhalation even of small quantities can lead to mesothelioma decades after exposure. 

This means that where asbestos is still present, it is not safe to assume there will be no disturbances that put working people in danger. 

The only way we will eradicate mesothelioma in Britain is with a legal duty to safely remove asbestos, and a clear timetable for its eradication. Only then can we ensure that future generations will not have to experience the same deadly epidemic from asbestos-related diseases that we suffer today. 

TUC General Secretary Frances O’Grady said: “Everyone should be safe at work. Asbestos exposure at work continues to cause thousands of deaths every year. Asbestos is still with us in workplaces and public buildings across the country. As a result, more than 22 years after the use of asbestos was banned, hundreds of thousands of workers are still put at risk of exposure every day. 

“The only way to protect today’s workers and future generations is through the safe removal of asbestos from all workplaces and public buildings.  

“Today’s report by MPs is welcome, but a 40-year deadline isn’t ambitious enough: hundreds of thousands of workers risk dangerous exposure in that time. Ministers must commit to removing all asbestos to keep future generations safe.” 

Grenfell one year on: “When we say never again, we mean it”

Statement to Parliament by the Rt Hon James Brokenshire MP, Secretary of State for Housing, Communities and Local Government:

With permission, Mr Speaker, I would like to make a statement on the government’s response to the Grenfell Tower fire, meeting our commitment to update the House following the Opposition Day debate on the 16th of May.

I am also writing to the Chair of the Select Committee to provide a formal report on progress, a copy of which will be placed in the House library.

As we mark a year since that tragedy, this will be an extremely painful time for the community.

Many honourable members provided powerful and poignant contributions in the e-petition and Opposition Day debates last month.

And I know that the whole House will join me in sending the bereaved and survivors our love and prayers.

Mr Speaker, the 14th of June 2017 saw the greatest loss of life in a residential fire since the Second World War.

71 people lost their lives on the night of the fire and a former tower resident who was rescued from the 19th floor passed away earlier this year.

The start of the public inquiry was a timely reminder of that terrible human cost.

A baby who never lived to learn how much he was loved.

Three generations of a family wiped out.

Heroes who died saving others.

Nobody could fail to be moved by the extraordinary tributes paid by family and friends to the loved ones they lost.

By their courage and dignity in the face of unimaginable loss.

And, yes, by their anger too.

A catastrophe of this kind should never have happened in the UK in 2017.

And when it did, the initial response was not good enough.

Nothing can undo the anguish and devastation this has caused.

But, as the Prime Minister has said, we can and must do right by the memory of those who lost their lives – and those left behind. To support those affected. To secure justice. And, above all, to ensure that nothing like this can ever happen again.

There has been an unprecedented effort across government and our public services.

Help is being provided by a range of issues from advice on benefits to emotional and mental health support.

In total, we have spent over £46 million of national government funds – and committed a further £34 million to help meet rehousing costs, deliver new mental health services and deliver improvements to the Lancaster West Estate.

The appointment of my Right Honourable Friend for Ruislip, Northwood and Pinner as Grenfell Victims’ Minister has helped ensure that the voices of those affected inform the response.

And we set up the Independent Grenfell Recovery Taskforce to help and challenge the Royal Borough of Kensington and Chelsea (RBKC) to provide better support for residents and rebuild trust.

And I want to thank everyone for their tireless support – particularly the emergency services and the public and voluntary sectors.

Clearly, one of the most pressing issues has been rehousing those who lost their homes.

A large scale programme of investment work has been under way to ensure they are of good quality and personalised to meet the needs of families.

The council has acquired over 300 homes in and around the borough.

203 households needed new homes. 198 have accepted permanent or temporary accommodation, which means that all but 5 households have accepted offers. 134 have now moved in.

Most of the work to ensure all homes that have been accepted are ready to move into is complete and we expect many of the remaining properties to be ready in the coming weeks.

While they are preparing to move, the council has ensured that all households have had the option to move into more suitable accommodation.

But I remain very concerned about the 43 households who are living in hotels.

My ministerial team has met with many of them and I’ve personally written to all of them, to find out what barriers exist in each individual case and how we can overcome them.

Mr Speaker, this is not where any of us wanted to be a year on from the fire.

While there has been progress in recent weeks, overall the pace has been too slow.

My department and the Independent Taskforce are continuing to provide scrutiny and challenge to the council and we have provided additional resources directly to the council to help them speed up this work.

We will not rest until everyone is settled into new homes.

But Mr Speaker, those affected also badly need answers and to see justice done.

The Grenfell Tower Inquiry and Metropolitan Police investigations will ensure this happens.

But we must also learn from what has happened.

Over the past year my department has been working closely with fire and rescue services, local authorities and landlords to make sure other buildings like Grenfell Tower are safe.

Remediation work has started on two-thirds of buildings in the social housing sector.

And the Prime Minister announced last month that the government will fully fund the removal and replacement of potentially dangerous ACM cladding on buildings over 18 metres owned by social landlords, with costs estimated at £400 million.

And we’ve made it clear that we expect building owners in the private sector to not pass costs on to leaseholders.

To that end, I recently met leaseholders and put their concerns to representatives from industry at a number of roundtables.

Some in the sector, such as Barratt Developments, Legal & General and Taylor Wimpey, are doing the right thing and taking responsibility.

I urge all others to follow.

The private sector must step up and I am not ruling anything out if they do not.

In addition, I recently welcomed Dame Judith Hackitt’s final, comprehensive report following her Independent Review of Building Regulations and Fire Safety.

In response, I committed to bringing forward legislation to reform the system of fire safety and give residents a stronger voice.

Having listened carefully to concerns, the government intends to ban the use of combustible materials on the external walls of high-rise residential buildings, subject to consultation.

We will publish the consultation next week.

It is essential that people living in buildings like Grenfell Tower are not only safe but they feel the state understands their lives and works for them.

There is no question that their faith in this has been shaken.

Which is why – as well as strengthening building and fire safety – we’ll be publishing a social housing green paper by recess.

I am confident that these measures will help us rebuild public trust and deliver the meaningful, lasting change that’s needed.

Mr Speaker, our country has seen many difficult times, but that night at Grenfell Tower was one of our darkest hours. 

We will never forget those who died.

We will not falter in our support for those who are still grieving.

Nor flag in our determination to ensure that no community has to go through such agonies again.

In doing so, I think we can be inspired by the incredible spirit of the people of North Kensington and the way they have come together.

And when we say ‘never again’ we mean it.

I commend this statement to the House.

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