An updated version of Approved Document B – the government’s guidance for how to meet the requirements of Building Regulations 2010 – has been published. It includes guidance for demonstrating that new buildings meet the required standards of fire / life safety.
From a cladding perspective, the headlines in England, as introduced under the November 2018 regulatory ban, are as follows:
Regulatory restrictions apply to the external walls of certain buildings with sleeping accommodation over 18m. The buildings within the scope of this restriction include: hospitals, dormitories, student accommodation, sheltered housing and apartment blocks.
All significant external wall materials on the building types listed above must essentially be non-combustible (i.e, European Class A2-s1, d0 or Class A1).
The restrictions do not apply to hostels, hotels, boarding houses, commercial buildings, or any buildings below 18m. However, the commercial and reputation implications of using combustible cladding materials need to be carefully considered.
The situation in Scotland is more robust. A ban on combustible cladding materials will apply to buildings with a storey height above 11m, both to domestic and non-domestic properties and comes into force on 1 October 2019.
TFT has experience of navigating this evolving situation, including the coordination of cladding safety investigations and remedial works.
The event covered pressing issues for our UK clients, including: comparisons between Scots law and England and Wales; a mock cross-examination which highlighted why one wouldn’t want to get as far as litigation; and accession of movable items and fixtures.
Of the nuanced and challenging issues facing tenants and landlords, of great importance for both sides will be to avoid litigation procedures, which can be done with the right approach to dispute resolution.
Jon authored the go-to text book on these matters: The TFT Purple Book, which offers guidance and reference to make the right decisions through the process. Jon has also authored the RICS Dilapidations Guidance Note and the Dilapidations Dispute Resolution Scheme. He also chaired the London edition of the RICS Dilapidations Conference from 2010 to 2014. Since then the event has been chaired by TFT Partner Paul Spaven.
With Jon Rowling as the service line lead, TFT leads the way in dilapidations across the UK, while in Scotland our Expert Determination and Dispute Resolution offerings are gaining notable traction.