Safer Buildings in Wales: a Consultation
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Number: WG41862 Welsh Government Consultation Document Safer Buildings in Wales: A Consultation A Building Safety White Paper This White Paper sets out proposals for comprehensive reform of legislation that contributes to building safety in Wales. It focuses on legislative change across the lifecycle of buildings as well as setting out aspirations for culture change in the way buildings are designed, constructed and managed. Date of Issue: 12 January 2021 Action Required: Responses by 12 April 2021 Mae’r ddogfen yma hefyd ar gael yn Gymraeg. This document is also available in Welsh. © Crown Copyright © Crown Copyright Safer Buildings in Wales: A Consultation Overview This White Paper sets out proposals for comprehensive reform of legislation that contributes to building safety in Wales. It focuses on legislative change across the lifecycle of buildings as well as setting out aspirations for culture change in the way buildings are designed, constructed and managed. How to respond Responses to this consultation should be e-mailed/posted to the address below by 12 April 2021 at the latest Further information Large print, Braille and alternative and related language versions of this document are documents available on request. https://gov.wales/safer-buildings-wales Contact details For further information: Building Safety Team Welsh Government Cathays Park Cardiff CF10 3NQ email: [email protected] Also available in https://llyw.cymru/adeiladau-mwy-diogel-yng-nghymru Welsh at: 1 Safer Buildings in Wales: A Consultation General Data Protection Regulation (GDPR) The Welsh Government will be data controller for any personal data you provide as part of your response to the consultation. Welsh Ministers have statutory powers they will rely on to process this personal data which will enable them to make informed decisions about how they exercise their public functions. Any response you send us will be seen in full by Welsh Government staff dealing with the issues which this consultation is about or planning future consultations. Where the Welsh Government undertakes further analysis of consultation responses then this work may be commissioned to be carried out by an accredited third party (e.g. a research organisation or a consultancy company). Any such work will only be undertaken under contract. Welsh Government’s standard terms and conditions for such contracts set out strict requirements for the processing and safekeeping of personal data. In order to show that the consultation was carried out properly, the Welsh Government intends to publish a summary of the responses to this document. We may also publish responses in full. Normally, the name and address (or part of the address) of the person or organisation who sent the response are published with the response. If you do not want your name or address published, please tell us this in writing when you send your response. We will then redact them before publishing. You should also be aware of our responsibilities under Freedom of Information legislation If your details are published as part of the consultation response then these published reports will be retained indefinitely. Any of your data held otherwise by Welsh Government will be kept for no more than three years. Your rights Under the data protection legislation, you have the right: to be informed of the personal data held about you and to access it to require us to rectify inaccuracies in that data to (in certain circumstances) object to or restrict processing for (in certain circumstances) your data to be ‘erased’ to (in certain circumstances) data portability to lodge a complaint with the Information Commissioner’s Office (ICO) who is our independent regulator for data protection. For further details about the information The contact details for the Information the Welsh Government holds and its use, Commissioner’s Office are: or if you want to exercise your rights under the GDPR, please see contact details Wycliffe House below: Water Lane Wilmslow Data Protection Officer: Cheshire Welsh Government SK9 5AF Cathays Park CARDIFF Tel: 01625 545 745 or CF10 3NQ 0303 123 1113 Website: https://ico.org.uk/ e-mail: [email protected] 2 Safer Buildings in Wales: A Consultation Contents 1. Ministerial Foreword........................................................................................ 4 2. Executive Summary ........................................................................................ 6 3. Progress to date ........................................................................................... 17 4. An improved building safety regime – first steps ........................................... 25 5. Setting out the Scope of the Building Safety Regime ................................... 28 6. The Building Safety Regime (Design and Construction Phase) .................... 35 7. The Building Safety Regime (Occupation Phase) ......................................... 52 8. Residents: Roles and Responsibilities .......................................................... 81 9. Raising Concerns ......................................................................................... 91 10. Regulating the Building Safety Regime......................................................... 93 11. General Requirements in Relation to Fire Safety Equipment ...................... 110 12. Annexes ...................................................................................................... 113 3 Safer Buildings in Wales: A Consultation 1. Ministerial Foreword This year will mark the fourth anniversary of the tragic fire at Grenfell Tower. The passage of time has done nothing to mitigate the enduring imprint the events of that night left on us all. Nor should it. The Grenfell tragedy must serve as a constant reminder of the upmost importance of access to a safe and secure home. Securing the safety of residents must be a guiding principle of government, the housing sector and wider industry to ensure an event like this can never occur again. The ongoing Grenfell Inquiry continues to serve as a stark reminder of the importance of the devastating consequences that can result when build quality and resident safety are not prioritised. Whilst Wales has a good record on fire safety, we know that many of the same issues and wider systemic failures highlighted by Dame Judith Hackitt’s Independent Review of Building Regulations and Fire Safety are equally applicable here. The lessons learned from these reviews and inquiries and the work of our own Building Safety Expert Group have forged a clear path and identified what must be done to improve our approach to building safety. It is now time to act. We are proposing a new Building Safety Regime for Wales. Not only would this present a significant overhaul to the existing system, it would also result in the most expansive building safety regime in the UK. The proposed changes we outline will see improvements made to every stage of the lifecycle of multi-occupied buildings, from design through construction and on into occupation, so that these buildings are safe for each and every resident. We know that the risks identified are not limited to high rise buildings alone and so we propose to go further and include other types of residential building where we recognise there is a risk from fire or structural safety that has the potential to impact upon significant numbers of people. If safety is to be our guiding principle then we must apply that principle to all buildings within the scope of the proposed Building Safety Regime, regardless of building type or tenure, for the benefit of residents across Wales. The proposed new regime will establish clear lines of accountability by creating new roles and responsibilities for those that own and manage relevant buildings, meaning that there can be no doubt about where the responsibility lies. Our proposals seek to drive up standards by improving industry competence, making sure that safety features are designed into the very fabric of the building, their use is properly understood and they are installed correctly by people with the right expertise. We intend to establish a stronger and more coherent regulatory system which would hold those responsible to account, with serious consequences for attempts to cut costs at the expense of safety and placing residents at risk. 4 Safer Buildings in Wales: A Consultation Critically, our proposed reforms will empower residents by putting their lived experience, safety and wellbeing at its heart, with enhanced rights and a stronger voice in matters that affect their homes. We recognise that reform on this scale is complex and will take time to develop and embed, but it is clear that maintaining the status quo is not an option. We cannot achieve our vision alone. This must be a collective endeavour if we are to get to where we all agree we need to be. This is why we seeking your views, insight, experience and expertise to ensure the changes we make are clear and effective. We are currently in the midst of extraordinary times and as a Government are responding to unprecedented challenges, but I am clear that this will not detract from this critical work. Indeed, Welsh Government can point to many examples where we are already demonstrating our commitment to quality housing, whether it be the energy efficient homes of the future built under our Innovative Housing Programme, adopting pioneering approaches to construction under our Modern Methods of Construction strategy, or