The Fire Safety Bill and planning

PDP_The Fire Safety Bill

Measures to ensure that fire safety concerns are incorporated at the planning stage for high-rise residential developments have come into force.

From the 1st August for multi-occupied residential buildings over 18 metres -or 6 storeys, there will be a new requirement at the planning stage for a Fire Statement.

The new requirement, known as planning gateway one requires action before planning permission is granted when fire safety issues which impact on planning will be considered, including emergency fire vehicle access to a building and whether there are adequate water supplies in the event of a fire. To aid the local planning authority in their decision as to whether to grant planning permission, the developer will be required to submit a Fire Statement setting out fire safety considerations specific to the development with their planning application.

The Building Safety Regulator is the Health and Safety Executive and they are now a statutory consultee on all developments of multi-occupied buildings over 18m. It should be noted that permitted development under Class AA (the ability to build two extra floors above blocks of flats) does not apply if the resulting development exceeds 18m.

Any planning application for developments on top of existing offices or existing blocks of flats above 18m or 6 storeys will require a Fire Statement as well as for new building multi occupied towers or mixed use buildings.

The Housing minister, Christopher Pincher said: “This is a key step in our progress towards a new, risk-based building safety regime that will ensure fire safety is prioritised at every stage in the development of high-rise buildings.

“I am pleased to appoint the Health and Safety Executive as the statutory consultee, which will be on hand to provide its expertise to local planning authorities on these important fire safety elements.

“We are driving up the standards of safety for people’s homes and our new regulator – to be introduced under the building safety bill – will provide this essential oversight, from a building’s initial design, to providing homes in the future.”

The changes to planning requirements follow a key recommendation made by Dame Judith Hackitt that fire safety in high-rise buildings should be considered at the earliest possible stage in the planning process, as set out in her panel’s independent Review of Building Regulations and Fire Safety.

It marks one of the first steps in the government’s major overhaul of building safety regulation. Last month, the housing secretary introduced the Building Safety Bill that will set a clear pathway for improved standards on how residential buildings should be constructed and maintained.

Jonathan Jenkin, Consultant, Planning & Design Practice Ltd

Changes to the Architects Act

PDP_Architects Act

A new recognition system to acknowledge architecture qualifications from around the world will be implemented as part of the Professional Qualifications Bill.

The Architects Act 1997 is the legislation under which the Architects Registration Board (ARB) regulates architects in the UK. In 2020 the Ministry of Housing, Communities and Local Government (MHCLG) consulted on changes to that legislation. MHCLG has now published the Government’s response to that consultation.

The response states the Government’s intention to introduce new roles for ARB through the Building Safety Bill, which is soon to be introduced in Parliament to take forward important changes across the built environment sector to improve public safety. The new Professional Qualifications Bill introduced on 12 May 2021 also introduces changes to ARB’s role that were consulted on by MHCLG. The Professional Qualifications Bill takes forward changes to the way in which international qualifications are recognised, following the UK’s Exit from the European Union.

Siegfried Doering, a Senior Architect at Planning & Design Practice Ltd, who began his career in architecture in Germany commented on the new system:

“This new approach will hand over architects’ quality and skill check back to the UK professional bodies and will improve equality amongst the profession and customer protection.”

MHCLG’s response to the consultation has confirmed the following changes to the way architects are regulated:

  • ARB will have the power to monitor the way architects manage their Continuing Professional Development (CPD).
  • ARB will be able to publicly list disciplinary orders against an architect on the register, to help increase public confidence.
  • Architects will have an option to appeal certain disciplinary decisions made by ARB.
  • ARB will be able to introduce new charges to cover the cost of specific new responsibilities determined by the Government in future regulations.
  • ARB will be able to decide whether certain international qualifications can offer an equivalent level of architectural skills, knowledge, experience and behaviours necessary for practice in the UK, so that architects with those qualifications can join the UK register.

This forms part of ongoing reforms to improve the competence of professionals across the built environment sector, who have a responsibility for designing, constructing and managing homes and buildings.

These reforms also build on major legislative improvements being made by government in relation to fire and building safety.

The new legal powers should be in place for the whole profession before 2023.

At Planning & Design Practice we believe that good design is a crucial part of the planning process. Getting the design of a project right is critical to gaining a successful planning consent and avoiding unnecessary delay and costs.

Our team of RIBA Chartered Architects and Architectural Assistants have a wealth of experience working with homeowners, developers and the public sector, both here in the UK, across Europe, the Middle East and the United States.

We can help you to establish your brief and work through your design ideas, whilst bringing solutions to make your building a successful place to live or work in.

Our architectural team are based across Derby, Matlock, Macclesfield and Sheffield. For more information, or to discuss your dream project please get in touch.

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