Single Building Assessment Specification Task and Finish Group: final output and recommendations - March 2024

Annex C: Summary of Decisions of Initial SBA Task and Finish Group

Issue/Question: Confirmation that an SBA can be commissioned by the developer instead of SG

Position: Resolved: SBAs can be commissioned by developer

Note: The basis, scope of the SBA has still to be determined.

Issue/Question: Lack of timeline for the SBA process

Position: Partially Resolved

Note: Output from this Group will be part of that consideration for a timeline with a report / recommendation being put forward to Ministers.

May need to be further consideration once SBA process is determined to prioritisation.

Concern raised by Developers that without prioritisation or scaling of the programme, low risk buildings which fall later within remediation timelines will face challenges.

Issue/Question: Why will the SG not adopt PAS9980 as the standard given the overwhelming view of the developers and fire engineers that this will give the necessary clarity on a number of issues?

Position: Resolved: Overwhelming agreement of entire Group that recommendation should be that PAS 9980 is used in Scotland

Note: PAS9980 suggested as a way to overcome the low risk / high risk approach currently set out in the SAN and SBA approach – tolerable risk approach suggested.

Issue/Question: Concern from Developers that SBA process doesn’t recognise maintenance issues or defects that have occurred after the developer completed the building, but they are expected to remediate – for example, fire breaks removed by building owners.

Position: Partially Resolved

Note: SG recognises this is an issue and share concerns. It is also of interest to the SG going forward with the orphan buildings.

This will need to be detailed in SBA specification.

Developers raised question regarding who will be responsible for deciding who is responsible for what in each building – agreement this requires further consideration.

Developers noted that defects and maintenance issues related mainly to issues with fire doors, firestopping damage to install new cabling etc.

Issue/Question: Peer-review process for an SBA - developers questioned if this is necessary given appointed fire assessors onboard.

Position: Resolved

Note: The view of the Group is that there is not to be a requirement for a panel or peer review process, but that assurance could be provided by Scottish Government having an audit process (as in England and Wales).

Agreement that removing the need for a panel or further process could reduce potential further delay.

Issue/Question: Resources to facilitate an expert panel

Position: As above

Note: Consideration to be given in regard to small pool of engineers operating within Scotland in relation to any work on expert panel.

Issue/Question: How is resident / factor / managing agent / building owner liability allocated and can this be challenged?

Position: Partially resolved

Note: SG confirmed that where there are fire risk safety defaults that is the responsibility of the homeowner then it not responsibility of developer (or SG for orphan buildings). However, realise in practice there can be severe challenges to get progress on behalf of owners / factors, which can result in holding up remediation.

This is particularly the case in any urgent mitigations where immediate action is required. Developers question where the cost for urgent mitigations should sit.

Further consideration is needed on cost recovery.

Developers advised that a means of allocating liability outside of the SBA is required given there is no legal responsibilities on homeowners or factors.

Issue/Question: Clarity around Building Warrant compliance and precisely which sections will be required to be met consistently across Scotland

Position: Partially Resolved

Note: Building Standards advise a warrant will be required only if the entirety of the external wall cladding system needs replaced, in which case full up-to-date standards will be applied - Reg 8 applies only to any new building warrant applications, and a change in surveying policy does not constitute a change to Reg 8.

Developers sought the specific regulations to be outlined: 1, 2 and 3 for remediation (with a caveat that the building would be no worse than existing performance in relation to other measures).

Building standards further advised a warrant will not be required if the existing cladding is being repaired, and latest regulations will not be applied.

The Group feel that in practice application of standards at LA level for example can vary.

Issue/Question: Developers feel that the SAN leads to cladding remediation to A2 or A1 which is betterment of a building rather risk based.

Position: Partially Resolved

Note: Building standards advised that it is not the intention of the SAN that everything needs to be A2 or above.

The Group feel that in applying the SAN betterment is effectively the default position.

Issue/Question: What are the Building Standards warrant requirements for: a. removal of panels for assessment; b. cavity barriers and fire stopping remediation?

Position: Partially Resolved

Note: Building standards have advised the following. These are matters on which the relevant building standards verifier can advise the applicant for building warrant (related to cladding remediation). General notes are noted below.

a. There would normally be no requirement for a building warrant for the investigation of cladding systems. This assumes that the points at which the cladding is opened are discrete sampling points across the entirety of the cladding system. The sample points should be made good following investigation.

b. The fire engineer may consider that the cladding system could be brought up to a safe condition by repair or addition of cavity barriers or fire stopping. There would need to be a case made to support such an assertion (e.g. the system is non-combustible, but currently has no or limited numbers of cavity barriers fitted; or some combustible materials are included, but there is evidence that the system would have complied with an acceptable BS8414 / BR135 classification if cavity barriers / fire stopping had been properly fitted). If a case can be made, then a building warrant application could be submitted to cover the work related only to the cavity barriers or fire stopping. As noted above the Verifiers view would be important and final with consideration of factors such as the amount of work required and does it affect the integrity of the cladding system.

• Regulation 8 provides a list of exemptions to A2 s1,d0 or better.
• Type 25A of Schedule 3 of the building regulations, limits the exemption for replacement external wall cladding systems to minor repairs that can be carried out to a standard no worse than existing. Clause 0.5.1 of the domestic technical handbook states “In relation to work to external wall cladding systems, minor repair means isolated repair or replacement of elements of cladding which are physically damaged or have degraded to the point that the element is no longer fit for its intended purpose.”

As with above point the Group feel in practical application of building standards / SAN then it is not as clear cut. Group feel this would be helped by adopting the PAS 9980.

Group requested clarity in regard to retention of materials in compliance with the guidance at the time of construction (Class B) – questioned if these could be retained if various Building Standards are not available.

Developers would also like to see positions prescribed to Building Control, rather than be subject to individual verifiers view.

Issue/Question: Where cladding is not the issue (fire risk) what is the position of SAN

Position: Partially Resolved

Note: Building standards advised. The SAN’s primary purpose is to provide guidance on determining the fire risk posed by external wall systems of existing multi- storey residential buildings (including domestic buildings).

The SAN also provides general guidance on wider fire safety issues that should be investigated (Section 1.3). Other fire risk assessment guidance is available for assessors conducting generic fire safety risk assessments and the Practical fire safety - existing high rise domestic buildings: guidance - updated March 2021 (gov.scot). Competent fire engineers and fire risk assessors should be able to undertake the generic fire risk assessment using appropriate guidance. PAS 79-2 Fire Risk Assessment for housing is also a useful source of information.

The Group noted that the PAS 79-2 Fire Risk Assessment has been withdrawn. Further consideration is needed to what happens in practice.

The Group agreed that the position of the SBA and fire risk assessments needs to be made clear.

Issue/Question: Competency of assessors and fire engineers.

Position: Not Resolved

Note: It is not the SG role to set competency of professionals including fire engineers but recognise there can be differing of opinion between fire engineer professionals so therefore competency requirements and baseline requirements need to be clarified.

It was noted that PAS9980 provides clarification on baseline requirements which we can consider in further detail for Scottish context.

Issue/Question: Why is investigation of masonry cladding and associated cavity barriers required?

Position: Partially Resolved

Note: Building standards advise that section 2.4 standard requires that:

“Every building must be designed and constructed in such a way that in the event of an outbreak of fire within the building, the spread of fire and smoke within cavities in its structure and fabric is inhibited.”

The guidance to Standard 2.4 within the Technical Handbooks should be followed in the design and construction of a cladding system.

Whilst cavity barriers are not necessary to divide a cavity formed by two leaves of masonry or concrete where both leaves are at least 75 mm thick, cavity barriers are required where the outer leaf of the wall is masonry, but the inner leaf is not masonry.

The SAN gives guidance on the investigation of cladding (see the Practical Guide in Annex 5), which includes figures showing a cladding system with external masonry. The SAN is guidance and alternative methods of investigation may be acceptable to locate cavity barriers and consider the installation. This may include methods such as use of a borescope to examine the cavity.

A competent fire engineer should be able to determine suitable methods of investigation

Issue/Question: What is status of non-masonry cladding?

Position: Partially Resolved

Note: Building Standards advised the SAN guidance applies to all types of cladding and their assessment.

Issue/Question: A test standard is needed for fire testing of existing materials.

Position: Partially Resolved

Note: Chair advised the standards of testing is outside the scope of this Group.

Buildings standards advised that this is a matter for a competent fire engineer to determine. The guidance in the Technical Handbooks contains information on and reference to fire tests, including for materials and systems in specific situations.

Perhaps more pertinent to the current Pilot – we have agreed that Developers can commission SBA process.

Issue/Question: Professional Indemnity (PI) cover of those undertaking the SBA has risen substantially since Grenfell, reducing supply (of experts) at a time when there is heightened demand.

Position: Not resolved

Note: Not for this Group to resolve PI but note it is a constraining factor and potentially made more difficult in setting SAN as the guidance.