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Wednesday 4th September saw Sir Martin Moore-Bick publish his final report of the Grenfell Tower Inquiry on the tragic fire that took the lives of 72 people on 14 June 2017. The report detailed a number of findings into the causes of the fire, and gave a number of recommendations that, if implemented by the Government, will transform the construction industry.

In this blog, we will briefly explore some of the findings in the Grenfell Inquiry report, but we will chiefly focus on the key recommendations mentioned in the report and how these could potentially affect the construction industry and those working within it.

The key findings

The 1700-page report concluded that the cause of the fire was not due to one particular point of error, group or body of people, but rather a cumulative failure across the construction industry, contributed to by local and central governments, regulators and other professionals.

The failures identified and detailed in the report are vast, but can be categorised into three key areas, namely:

• the law and governments;
• processes, products and materials; and
• professionals and industry bodies.

For example, the report acknowledged a deficiency in the regulation and construction of high-rise buildings, including a lack of guidance in ensuring that design professionals are complying with the relevant Building Regulations. Additionally, the report recognised issues with the testing standards and certification of safe products and materials used in projects, due to insufficient assessing methods and accuracy of certificates issued by certification bodies, amongst other things.

Key recommendations

There were, in total, 38 recommendations put forward by Sir Martin Moore-Bick, but the common theme was that if the construction industry is to learn from mistakes of the past and avoid catastrophes like this in the future, then a collective effort needs to be taken by all, including the central government. Here are some of the main recommendations set out in the report that directly affect the construction industry:

A new definition of higher risk buildings

As currently drafted, the Building Safety Act defines a “higher-risk building” (“HRBs”) as one, during the construction phase, that is at least 18 metres in height or at least 7 storeys, and one that contains at least 2 residential units, or is used as a care home or hospital. However, the report suggests that that risk should be determined less on the height of buildings, but more on what buildings are used for. For example, the law should focus on the presence of “vulnerable people” within buildings, where evacuation may be difficult. There will therefore need to be an urgent review into the definition of HRBs.

A single construction regulator

Instead of having various regulators in charge of different aspects of construction projects, the report noted that there should be an independent body overseeing all elements of construction regulation. This regulator would be responsible for everything from the oversight of building control, the testing, certification and regulation of products and materials, research on fire safety within the industry and helping to develop appropriate methods of assessing reactions to fire of products and materials to be used in construction projects.

At present, these responsibilities are fragmented across several different bodies and individuals. However, the report advised that having a single point of responsibility would promote a more effective sharing of information and ideas between those within the industry, thus enhancing awareness and knowledge of these vital issues that have held the industry back in the past.

A more stringent regulation of products and materials

As touched upon above, the report noted a deficiency in current testing methods of products and materials used across construction projects, exacerbated by misleading marketing used by manufacturers. Therefore, new and more rigorous testing methods must be developed by the proposed new construction regulator. This would be achieved by greater provision of information needed to ensure that these tests are carried out reliably and a ramping up of responsibility to assess that products and materials comply with legislation, guidance and industry standards. Moreover, the report stated that copies of test results should be made publicly available along with certificates, and manufacturers should also provide the regulator with the testing history of such products and materials.

A revamp of the fire engineer profession

Despite being a vital cog in the wheel of construction projects, fire engineers are not currently regulated by a professional body, nor are they legally recognised as a profession by statute. Sir Martin Moore-Bick has advised that this must change, by the creation of a new regulating body, accountable for regulating conduct and maintaining a list of registered members, amongst other responsibilities. Whilst this is happening, the Government should collaborate with members of the profession, to help create courses and training opportunities into the main principles of fire engineering and increase place numbers on master-level courses in the industry.

The licensing of contractors working on HRBs

The report highlighted that another way to help plug the gap in knowledge and awareness of working on HRBs and the risks associated with the same, is to introduce a system whereby contractors must be licensed to work on such buildings. This would work by contractors proving that they have the appropriate qualifications to undertake work on sensitive buildings and that they have the right people working within their organisation. Additionally, it is proposed that applications for building control approval must be accompanied by a personal undertaking from a director or senior manager of the contractor’s organisation, confirming that they have taken all reasonable steps to ensure that the building they are working on is as safe as is made mandatory by the Building Regulations.

How could construction law and the industry be affected by The Grenfell Tower Inquiry Report? Our view

Whilst we are still in very early days following the publication of the report, it is clear that many eyes are on the construction industry and on the central government to implement the suggestions mentioned within it. What could we expect in the near and distant future following the report?

Law reform and a shake up in the regulatory regime

It is not yet clear when this may happen, but further amendments to the Building Safety Act and the introduction of secondary legislation seems highly likely. The report made it clear that the current law surrounding HRBs, focusing only on the height of buildings, is problematic, so we are of the view that this is likely to be a priority for Keir Starmer to change.

The introduction of a new construction regulator is also a likely recommendation to be implemented, but this will take time and involve research, collaboration with various bodies in the industry and training for its successful development.

Amendments to standard forms of contracts?

The recently published 2024 suite of JCT Building Contracts introduced a number of updates to take account of The Building Safety Act and associated regulations. For example, the 2024 Edition of the JCT Design and Build Contract has incorporated the “dutyholder” requirements brought in by the Regulations, allowing the parties to specify who in the contract will be undertaking the roles of the principal designer and the principal contractor under the Regulations. Conversely, the contracts did not introduce specific wording concerning HRBs.

It is possible that the JCT introduces further guidance or supplementary content or optional wording relating to HRBs. Nevertheless, it will be more vital than ever for developers and contractors alike to seek appropriate advice on how to ensure their building contracts properly address HRBs, via a schedule of amendments to the standard terms of the contracts, for example.

A boost in the Fire Engineer Industry? Developers and contractors beware

It is unclear as to when and indeed which elements of the report’s recommendations surrounding the fire engineer profession will be implemented. Given the breadth of the report dedicated to fire safety, the profession and the testing of products and materials relating to fire safety, it will be unsurprising if some of the recommendations are brought forward in the near or distant future.

Regardless, both contractors and developers on existing and upcoming projects should be aware of the importance of appointing fire engineers and consultants and ensuring that such appointment documents are detailed and watertight.

Conclusion

It is undoubtable that the damning findings mentioned in the report will continue, as they already have done, to send ripples through the construction industry. And there is more pressure now than ever before on government bodies and the industry generally to step up and make changes to prevent events like the Grenfell Tower fire in the future. Only time can now tell what will happen in the future and how the recommendations of the report will materialise.

Our Construction team can assist you with your construction contracts and drafting and providing advice on fire engineer appointments.

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