Buildings could still burn under 'spineless' new safety law, industry leader warns

The government’s proposal to transform post-Grenfell fire safety guidance into legally binding regulations has met with strong opposition from a prominent figure within the construction sector. David Jones, president of the Institute of Construction Management, has voiced serious concerns over the guidance designed for multi-storey residential buildings, describing it as “loose,” “spineless,” and susceptible to varied interpretations. He claims the guidance permits too many “tolerable” risks, such as allowing flammable materials in window systems and between floors to remain even though they have the potential to aid the spread of fire. Jones, with over five decades of experience, asserts that the guidance enables developers to exploit loopholes and calls the idea of making such guidance law an “absolute abomination.”

Jones is the first senior leader in the building industry to openly challenge the government’s current consultation on these proposals. From the government’s perspective, the guidelines represent a balanced response to the ongoing crisis of combustible cladding in high-rise buildings. Officials maintain that enshrining the guidance into law will offer clarity and certainty in determining which fire safety defects require remediation.

Campaigners concerned about cladding highlight that the term “tolerable” appears frequently in the guidance, known in the industry as PAS 8890. Under the current framework, combustible materials can remain if the assessed risk is deemed “tolerable,” defined by fire tests where flames do not spread beyond one floor within 15 minutes or two floors within 30 minutes. Jones critiques the lack of a strict requirement for engineers to provide definitive fire test safety data for these materials, which, in his view, makes the risk assessments subjective and open-ended. He also condemns the absence of a ban on materials with “limited combustibility,” stating, “It’s a fuel, it just burns a little bit slower,” viewing it as another way the guidance enables manipulation of safety standards. One rationale behind accepting certain risks is to prevent delays caused by debates over the extent of necessary remedial work for buildings with combustible cladding.

Since the Grenfell fire tragedy eight years ago, progress in addressing fire safety has been sluggish. Official figures from the Ministry of Housing indicate that, as of December, only about 475 of over 5,500 identified unsafe blocks have been fully repaired and certified as safe during the past year. Cladding replacement has occurred on roughly 35% of these dangerous buildings, including nearly all the tallest structures featuring the same cladding as Grenfell Tower. Representatives of residents have expressed worry that any remaining flammable materials could lead to a lower fire safety rating, which might permanently increase building insurance costs. The government has responded by stating that it is the insurance industry’s responsibility to reduce premiums once buildings are deemed safe. Conversely, insurers maintain that if flammable materials remain, they will adjust premiums to reflect the ongoing risk.

In addition to these concerns, Jones criticizes the fact that the guidance exclusively addresses the external elements of buildings, focusing on cladding and insulation, while ignoring significant internal fire safety defects uncovered during post-Grenfell inspections. The government, however, has strongly refuted Jones’s critiques, emphasizing that the new legislation aims to prevent unnecessary work and disruptions for residents. The consultation period on converting the guidance into law will close on 31 December, with the new regulations expected to be enacted in 2026

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