A More Demanding Regulatory Environment

The UK development industry operates in a fundamentally more demanding fire safety regulatory environment than it did before Grenfell. The Building Safety Act 2022, the Building Safety Regulator, the enhanced Approved Document B, and the rising expectations of building control bodies, lenders and insurers have all increased the fire safety burden on developers. This article identifies the fire safety challenges that are currently creating the most significant programme and cost pressures.

Challenge 1: Gateway 2 Delays

For developers of higher-risk buildings, the Gateway 2 approval process is the most significant new regulatory hurdle. The Building Safety Regulator must approve the design before construction can begin — and BSR review timescales, particularly for complex or incomplete submissions, can significantly exceed the initial 8-week target. Developers who submit to Gateway 2 with incomplete or inadequate fire strategies face the prospect of months of delay while design issues are resolved and submissions revised.

The solution is straightforward but requires early action: appoint a chartered fire engineer with Gateway 2 experience early in the design process, and engage proactively with the BSR before the formal submission where possible.

Challenge 2: Competence Shortages

There is a significant shortage of chartered fire engineers in the UK. Demand for fire safety engineering services — driven by the Building Safety Act requirements, the cladding crisis, and increasing regulatory scrutiny — has grown substantially in recent years, while the pipeline of new chartered fire engineers has not kept pace. For developers, this means that finding and appointing competent fire safety consultants — particularly for complex higher-risk building projects — requires earlier planning than was previously necessary.

Challenge 3: Cladding and External Wall Risks

For developers acquiring existing buildings or working with buildings under refurbishment, the external wall fire safety position of the building is a critical risk. A building with an unresolved external wall fire safety issue may be un-mortgageable, un-insurable, or subject to Building Safety Regulator enforcement action. Understanding the external wall risk position of any building before acquisition — through a preliminary desktop assessment and, where necessary, a FRAEW under PAS 9980 — is essential risk management.

Challenge 4: Insurance Requirements

The insurance market for higher-risk residential buildings has hardened significantly since Grenfell. Insurers are requiring more detailed fire safety information before providing cover, and premiums for buildings with unresolved fire safety issues can be prohibitive. Some buildings cannot obtain standard market cover at any price. Managing the fire safety position of a building — maintaining current fire risk assessments, addressing identified deficiencies promptly, and maintaining the golden thread — has become a core element of property asset management.

Challenge 5: Resident Expectations

Post-Grenfell, residents of higher-risk residential buildings have heightened awareness of and expectations around fire safety. Managing agents and building owners who cannot demonstrate that they are taking fire safety seriously — through transparent communication, current fire risk assessments and prompt remediation of deficiencies — face reputational and regulatory risks.