Grenfell Inquiry Phase 2 Report: steps towards future safety and accountability

Publishing the Grenfell Inquiry Phase 2 Report today, Sir Martin Moore-Bick spoke the following words which the construction industry must take to heart:

"The report we are publishing today contains our findings on all these and other matters. However, the simple truth is that the deaths that occurred were all avoidable and that those who lived in the tower were badly failed over a number of years and in a number of different ways by those who were responsible for ensuring the safety of the building and its occupants."

Across the industry, we have seen significant changes to building safety laws, procedures and processes, but the message is loud and clear: there are more lessons to be learned and much more to be done.

Navigating the report

The new report "builds on the findings made by the chairman in Phase 1 and is a direct continuation of that work" (you can find our summary of the Phase 1 Report here).

It was produced after the Inquiry heard "evidence and opening and closing statements for Phase 2 for a total of 312 days", and at around 1700 pages long (set out in 7 volumes, and divided into 14 parts) it is expansive.

It is worth noting that Part 1 includes an executive summary. This is a helpful stepping stone to getting into the detail of the full report, which should also be read to better understand what happened at Grenfell and the changes that are likely to follow in the coming months and years.

Part 14 sets out nearly 60 recommendations for transformative changes across the industry at all levels, to ensure lasting and progressive culture change.

And, similar to the Phase 1 Report, there is a section (in Part 9) that reminds us that the Grenfell disaster was a human tragedy, and why future changes are essential to avoid similar disasters ever occurring again.

The Report's recommendations

Among the 58 recommendations in the report, here are some important ones for the construction industry to be aware of (in Vol 7, part 14):

• A new construction regulator – the establishment of a single independent body, reporting to a single Secretary of State, being "a focal point in driving a much-needed change in the culture of the construction industry" (para 113.5)
• A new government department responsible for fire safety – creating a single body "responsible for all aspects of regulating matters affecting fire safety in the construction industry", and reporting to a single Secretary of State answerable to Parliament for all aspects of fire safety (para 113.8)
• A new Chief Construction Adviser – appointing a "Chief Construction Adviser with a sufficient budget and staff provide advice on all matters affecting the construction industry" (para 113.9)
• Review of "higher-risk building" (HRB) – HRBs are broadly defined in law as being 18m or more, or 7 storeys or more, with at least 2 residential units. More stringent building safety requirements have come into force around these buildings since October 2023. However, the report recommends this definition is reviewed, as defining a building as "higher-risk" by considering only its height is "essentially arbitrary in nature" (para 113.7). The recommendation is to review this definition "urgently", so we may see a change to this sooner rather than later.
• Statutory guidance – a recommendation that statutory guidance (particularly Approved Document B) is "reviewed accordingly and a revised version published as soon as possible" (para 113.11)
• Construction products – the new construction regulator should be responsible for "assessing the conformity of construction products with the requirements of legislation, statutory guidance and industry standards and issuing certificates as appropriate." These certificates would be pre-eminent in the market (para 113.22)
• Fire engineers – the fire engineer's profession should be recognised and protected by law, with an independent regulatory body (para 113.25) as currently there is no formal certification in place for a design consultancy to carry out this role
• Changes to Gateway 2 applications for HRBs – a Gateway 2 application for building control approval should be supported by "a statement from a senior manager of the principal designer … 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", and also 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 (paras 113.31 and 113.33). Gateway 2 was introduced on 1 October 2023 (with a relatively short transition period to April 2024)
• Licensing contractors for HRB work – the new construction regulator should introduce a licensing scheme for principal contractors wishing to undertake the construction or refurbishment of HRBs (para 113.33).

It is clear that a number of these recommendations are aimed at tackling some recurring themes that are noted throughout the report, with "shortcomings in the construction industry that were far more extensive than had previously been envisaged" (Vol 1, para 1.26). These include the marketing and certification of construction materials, the competencies of the various members of a project's design and construction team, and the knowledge of what is required to comply with industry standards. Each of these areas will face increased scrutiny in the future as a result of the Phase 2 Report.

What next?

The construction industry has seen significant and accelerating change since the Grenfell fire in 2017, particularly through the Building Safety Act 2022 and subsequent secondary legislation that came into force in 2023 and 2024.

However, it is clear from the report that much more must and will change.

It will take years for these changes to completely filter through in terms of legislation, widespread professional training, and industry behaviours.

But rather than waiting for these, proactive steps can be taken by each and every business and professional in the construction industry now, by reading the report and recommendations, assessing where each business or professional currently is against the report's yardstick, and determining what they need to do next to be responsible and accountable actors in the sector.