The government has published its response to the Grenfell Tower Inquiry’s Phase 2 report. The Inquiry was established following the Grenfell Tower fire, which tragically claimed 72 lives. The Inquiry's findings criticised the government, various regulatory bodies, and stakeholders within the construction sector for failures that contributed to the tragedy. This insight looks at the government's response to the report and the impact this will have on the construction sector.
Background
The Inquiry’s Phase 1 Report was published on 30 October 2019 and focused on the fire itself; how it started and spread and on the response of the emergency services. The government published its response to this on 21 January 2020 and accepted, in principle, all 15 recommendations that were directed at the government.
The Inquiry published the final Phase 2 Report on 4 September 2024. It examined the underlying causes of the fire, including decisions made relating to aspects of the design and construction of the cladding system, the testing and assurance of construction products, the adequacy of the regulatory regime and the response of central and local government. The Inquiry made 58 recommendations, 37 of which were directed at the government. See our previous blog for more information on this report.
The government released its response to this report on 26 February 2025; 49 of the recommendations were accepted in full and the remaining 9 were accepted in principle.
Implications for the Construction Sector
The government response has significant implications for the construction sector. It focused heavily on building safety, the implementation of stricter regulations and the need to ensure compliance with new standards. It also outlined plans for a more collaborative approach to building safety, that will involve various stakeholders.
Important changes include:
Creation of a single construction regulator
The government has accepted the recommendation that it draws together all the functions relating to the construction industry under a single regulator. The government has stipulated though, that the regulator will not undertake testing and certification of construction products, or issue certificates of compliance (which would arguably create a conflict of interest within the regulator itself). Instead, the delivery of this will be enhanced through the oversight of Conformity Assessment Bodies and through reforms to the construction products regime.
The regulator will have responsibility for investigating serious building safety incidents and implementation of this will start immediately.
Definition of "Higher-risk buildings” to be reviewed
The Inquiry recommended that the definition of “Higher – Risk Building” as set out in the Building Safety Act 2022 be urgently reviewed. The Inquiry argued that the definition arbitrarily focuses on the height of the building, rather than the use of and the individuals within the building, which the Inquiry asserted was more relevant.
In its response the government confirmed that the Building Safety Regulator has already conducted an initial review of the definition. There is an ongoing review of whether the list of buildings which are subject to the enhanced regulatory oversight and requirements of the higher-risk regime should be amended. These plans are to be published in summer 2025.
Requirements to ensure building is as safe as is required by the Building Regulations:
The government intend to make it a statutory requirement for a Principal Designer to provide a statement with building control approval applications confirming that they have complied with their existing duties. These duties include the Principal Designer taking all reasonable steps to ensure that the design complies with relevant requirements in the Building Regulations. The government is reviewing whether this should apply to all building control applications, and not just higher-risk buildings.
The government accepted the recommendation to introduce a licensing scheme for Principal Contractors involved in the construction or refurbishment of higher-risk buildings. It also accepted the recommendation to make it a legal requirement that any application for building control approval for such projects must include a personal undertaking from a director or senior manager of the Principal Contractor, that they have taken all reasonable care to ensure that, on completion and handover, the building is as safe as is required by the Building Regulations. This personal undertaking reinforces the government's commitment to increase accountability in the sector and could lead to an increase in prosecutions and enforcement actions taken against individuals.
Reform of the construction products system:
The Inquiry's report and the Government's response highlighted widespread failures in construction product regulation, including inadequate product safety, poor information, and misleading marketing.
In response the government is looking to reform the construction products system and published a construction products green paper. This initiates a formal consultation process that will last for 12 weeks, with responses being accepted until 21 May 2025.
The proposed reforms include licensing Conformity Assessment Bodies, mandatory data reporting, and establishing a Construction Library to provide transparent information about product performance.
Need for a skilled and professional workforce:
The government’s response also focused on the competence and conduct of professionals within the construction sector, with specific measures to be introduced which regulate fire engineers, fire risk assessors, and principal contractors.
Impact in Scotland
The Inquiry’s report and the government’s response largely focus on the building safety position in England and Wales, with Scotland having a separate system in respect of Building Regulations. With 42 of the 58 recommendations made in the report relating to matters devolved to the Scottish Government, the Scottish Government has published its own response to the report and recommendations made by the Inquiry on 25 March 2025. We will report on that separately.
Concluding thoughts
The Building Safety Act 2022 is nearing its third anniversary in April 2025. With significant reform already in place the government's response to the Phase 2 Grenfell Inquiry Report reinforces the continued shift towards an increased focus on safety and compliance in the construction sector. Accepted and proposed legislative and regulatory reforms will be implemented in stages, and it is important that those in the construction sector pay attention and adapt to these changes as they are introduced.
