UK government’s response to Grenfell inquiry phase 2 – 10 takeaways

On 26 February 2025, the UK Government published its much anticipated 80-page response to the Phase 2 Report of the Grenfell Tower Inquiry, published in September 2024 (see here).

Angela Rayner, the Deputy Prime Minister and Communities Secretary, also made a statement to the House of Commons summarising the UK Government’s position. While the Report and the response understandably focus on England, the UK Government’s response is likely to have profound effects on the construction industry across the UK, including in Scotland.

The Phase 2 Report painted a bleak picture of years of failures by government and others in the construction industry, which led to the Grenfell Tower tragedy. The Report made 58 recommendations, calling for far-reaching reforms (for a review of the findings and recommendations in the Report and what they mean for Scotland see our previous blog here). The UK Government now says that it “and other responsible organisations” (such as local authorities and fire brigades) accept 49 of them “in full” and that it accepts the remaining nine “in principle”.

Here are ten highlights from the UK Government’s response:

1. Accepted in principle – a single regulator for functions across the construction industry, but with two exceptions (at least for now). The first is for certification of construction products. The second relates to issuing certificates of compliance. The UK Government explains: “We do not believe it is appropriate for the single regulator to undertake testing and certification of construction products, or issue certificates of compliance, as this would create a new conflict of interest within the regulator. Instead, we will strengthen oversight of Conformity Assessment Bodies through reforms to the construction products regime.” However, the response also notes that the construction products green paper (see point 2 below) will set out proposals for reform of the regime for regulating construction products. 
   
   The Report noted this recommendation would be a focal point for cultural change of the construction industry.
   
   
2. Accepted in principle – make the construction regulator responsible for assessing conformity of construction products. As mentioned in point one, the UK Government published a construction products green paper (here) to address this recommendation “more effectively … as part of system-wide reform”. The green paper itself signals that the UK Government intends to publish a prospectus for reform “which will set out a roadmap towards a single regulator, including the transitioning of construction products regulation to the new body.”
   
   
3. Accepted – urgent review of the definition of a “higher-risk building” under the Building Safety Act 2022 (BSA 2022), to consider a focus on the nature of a building’s use and in particular the likely presence of vulnerable people. The UK Government says that plans for an “ongoing” review will be published in summer 2025.
   
   
4. Accepted – responsibility for fire safety should move from the Home Office to the Ministry of Housing, Communities and Local Government. The Deputy Prime Minister confirmed this would happen on 1 April 2025.
   
   
5. Accepted – appointment of a Chief Construction Adviser. The Report identified a fragmentation of responsibility for regulating the construction industry. It therefore recommended a Chief Construction Adviser, with sufficient budget and staff to provide advice on all matters affecting the construction industry.
   
   
6. Accepted – urgent review of statutory guidance as to the Approved Documents under the Building Regulations, including Approved Document B which relates to fire safety. The UK Government says that it will publish interim findings by summer 2025 and a full list of recommendations in 2026.
   
   
7. Accepted – recognise the profession of fire engineer and establish an independent body to regulate it, along with developing an authoritative statement of the knowledge and skills to be expected of a competent fire engineer.
   
   
8. Accepted – make it a statutory requirement that an application for building control approval for a higher-risk building at Gateway 2 is supported by a statement from a senior manager of the principal designer under the BSA 2022, that all reasonable steps have been taken to ensure that on completion, the building as designed will be as safe as is required by the Building Regulations.
   
   
9. Accepted – create a licensing scheme for principal contractors for higher-risk buildings, and make it a legal requirement that any application for building control approval for such a building be supported by a personal undertaking from a director or senior manager of the principal contractor to take all reasonable care to ensure that on completion and handover the building is as safe as is required by the Building Regulations. The UK Government will review the dutyholder regime under the BSA 2022 and will work with the sector to determine how to go further, including introducing a licensing scheme.
   
   
10. Accepted in principle – create and maintain a publicly accessible record of recommendations made by select committees, coroners and public inquiries, together with a description of steps taken in response. The UK Government will establish a record on GOV.UK of all recommendations from public inquires, albeit only since 2024.

This large-scale endorsement of the Grenfell Phase 2 Report recommendations will be welcomed by many. It will require significant further changes in the construction industry, after the major reforms already seen in the BSA 2022.

Whilst the UK Government’s response concentrates on the position in England, the location of the Grenfell tragedy, many of the accepted recommendations are likely to have some effect in Scotland as well. The response recognises that housing policy and building regulations are devolved matters, but says that the UK Government remains committed to working with the governments of the devolved nations. It adds (at paragraph 202):

“We will share our rationale and plans for change so that those administrations can consider whether and if any of the reforms would be applicable or beneficial for them, recognising the unique systems and legislation in those nations. The government remains committed to safeguarding and upholding the integrity of the UK market”.

This is, of course, in addition to other developments in building safety. For example, as the UK Government moves to introduce the building safety levy in England, the Scottish Government is planning to introduce a Scottish equivalent as part of the Cladding Remediation Programme (“CRP”). The CRP echoes the UK Government’s Remediation Acceleration Plan to fix all remaining buildings with unsafe cladding.

There is a lot to digest in the UK Government’s response and no doubt we will see further developments, across the UK, in this critical area for the construction industry.

Our building safety group comprises specialists from practice areas across the firm, including construction and projects, real estate, health and safety and banking. If you require assistance on building safety matters or would like to discuss the policy and legislative landscape and how it does or may affect your business, please get in touch with us.

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