Building and fire safety law and policy

Building and fire safety are complex and rapidly changing areas of law and policy in the UK, with significant implications for those drafting construction contracts, advising on projects, and acting in disputes.

Developments following the Grenfell Tower fire

Following the Grenfell Tower fire in June 2017, the UK government, and the Scottish and Welsh governments, have implemented several courses of action intended to address acute concerns regarding building safety, with a focus on better-protecting residents of high-rise residential buildings.

In the aftermath of the Grenfell Tower Fire, the UK government carried out an independent review of the Building Regulations and fire safety laws. The final report was published on 17 May 2018 (the Hackitt report). It set out over 50 recommendations, including a new regulator to oversee the construction and management of buildings. See News Analysis: The Hackitt fire safety report—does it go far enough?

In addition, effective from December 2018, the Building (Amendment) Regulations 2018, SI 2018/1230 amended the Building Regulations so as to ban the use of combustible materials in the construction of external walls of high-rise residential buildings (and certain

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Scottish Government launches consultation on housing delivery incentives and penalties

The Scottish Government has launched  a consultation seeking views on measures to accelerate the build-out of homes on sites already identified for housing development, in response to falling housing starts and completions despite a substantial pipeline of consented land. The consultation supports the Housing Emergency Action Plan and related planning commitments, and examines whether incentives, penalties or other interventions could increase delivery rates, including for small and medium-sized housebuilders, within a plan-led, infrastructure-first framework under National Planning Framework 4. It is informed by evidence that slow delivery is driven primarily by post-consent factors such as market absorption rates, viability constraints, infrastructure costs, public sector risk exposure and limited developer capacity or commitment, rather than by the planning permission process itself. Drawing on previous reviews and research by bodies including the Competition and Markets Authority and the Scottish Land Commission, the consultation outlines potential approaches such as land assembly, public sector-led development, reform of compulsory purchase and sales powers, and policy tools to influence build-out rates, and notes that any future action may require legislative change in the next parliamentary session and would be subject to appropriate impact assessment. The consultation closes on 30 April 2026.

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