By Simon Chambers
Friday Legal Solicitors
BUILDING fires are common, whether accidental, due to electrical faults, or man-made. Ever since the shocking scenes of 14 July 2017 at Grenfell Tower was brought to our attention, there has been a lot of discussion on the use of certain cladding and other materials on buildings.
Cladding is the layering of materials to form the external fabric of a building. It is often used for thermal and acoustic insulation, weather resistance and to improve the appearance of the building.
The Government recently passed an amendment to the current building regulations, which came into force on 21 December 2018. This will restrict combustible materials such as cladding that may be used on certain properties in England and Wales, affecting builders, developers and owners.
The new regulations will restrict materials to be used for external wall construction. Only materials that are non-combustible or limited combustion with no flashover will be permitted, subject to certain limited exceptions.
The focus of the new regulations is on buildings where there is a risk to life, including all new residential buildings; dormitories in boarding schools; student accommodation; registered care homes and hospitals, above 18 metres in height. The new regulation will not cover hotels and office buildings although it is possible that these and other types of buildings, including buildings under 18 metres tall, could be brought within the scope of the regulations in the future.
The new regulations will not only affect newly completed buildings, they would also affect any existing building already using cladding that undergoes any change of use, such as office to residential. Any non-compliant cladding would have to be removed and replaced with materials that pass current fire safety standards. This could potentially impact development and conversion projects with huge financial implications, in order to meet the required standard of combustibility for each component of a wall.
The Courts have the power to impose an unlimited fine for the breach of building regulations. It is likely that in most cases the fine will be much higher than the cost of altering your plans to meet standards. The Courts’ main concern would be to deter builders from knowingly falling short of standards due to the risk of human death.
If you intend to acquire an existing building to convert to one of the ones mentioned above, you should ask your surveyor and legal team to confirm whether the existing cladding or materials used on the exterior walls comply with the new regulations.
You can contact Simon Chambers at Friday Legal to discuss this further on 01536 218888 or on For all non-contentious matters, Friday Legal Solicitors are able to provide legal services on a fixed fee basis.