Amendment to the Approved Document B and Building Regulations June 2022

Following the Grenfell fire, in 2018, the Government introduced Regulation 7(2) to ban the use of combustible materials in external walls of the newly defined "relevant buildings". There have since been additional changes to guidance, such as the more recent requirement for sprinkler protection to blocks of flats with a top storey over 11m above ground. However, the industry has still not agreed whether the initial ban of combustible elements to only certain buildings was sufficient.

Following the public consultation in 2020, new amendments have now been introduced to both legislation (Regulation 7 of the Building Regulations) and statutory guidance (Approved Document B).

Key changes to legislation:

• New Regulation 7 (1A) - The legislation introduces a complete ban on the use of the type of metal composite material (MCMs) that was used on Grenfell Tower. MCMs are specifically defined in the text but this is most notable as it applies to all buildings regardless of height or use.
• Definition of relevant buildings no longer excludes hotels, hostels and boarding houses. The legislation now applies to these buildings as well.
• Solar shading devices and curtains are now covered by Regulation 7(2), i.e., they need to be non-combustible in relevant buildings apart from those up to 4.5m above ground. This covers the curtains/slats or other elements providing the shade but not the small components for moving devices.
• Regulation B4(1) addressing external wall construction will now apply to buildings undergoing material change of use with a height of 11m instead of 15m as previously.

Multiple updates and clarifications to the exemptions from Regulation 7(2) are also mentioned.

Key changes to statutory guidance:

• All residential use buildings with a floor over 11m should have external wall surfaces that achieve Class A2-s1,d0.
• All residential use buildings with a floor over 11m should have any insulation and filler materials and spandrel panels in the external walls that achieve Class A2-s1,d0.
• All balconies in residential use buildings with a floor over 11 m should be non-combustible or achieve specific requirements, e.g., fire resisting soffit and non-combustible band separating compartments.
• Evacuation alert system is required in blocks of flats with a storey over 18m. This is a system in line with BS 8629:2019 as already required in Scotland and comprises a facility that allows the fire service to raise audible alarms in each dwelling on any single floor, multiple floors or the entire building.

Premises information boxes are required to blocks of flats with a storey over 11m.

Other relevant outcomes from the consultation:

• The introduction of the 11m limit in guidance for the use of combustible cladding or filler materials does still allow for structural timber to be used in line with guidance to residential buildings less than 18m.
• Cavity trays are not exempt from combustibility requirements in external walls. However, there is an 18-month relaxation on the ban because of the highlighted lack of supplies or suitable non-combustible alternatives.

Laminated glass when used in balconies or spandrel panels is still not exempt and considered a risk subject to further research being conducted.

These changes will take effect 1 December 2022 for use in England.

The current legislation and guidance is applicable where a building notice or an initial notice has been given, or full plans deposited with, a local authority before 1 December 2022 and either the building work to which it relates:

• has started before that day; or
• is started within the period of six months beginning on that day.
  
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Link to the amendment here
Link to the consultation outcome here