13 May 2021

The UK Government has published draft legislation that will see planners include fire safety information and consult on it with the Health and Safety Executive, as part of a new gateway-based approach to building safety.

This development is in response to Dame Judith Hackitt’s Independent Review of Building Safety, where she identified a lack of fire safety considerations at the planning stage for high-rise residential buildings.

Gateway review points

The government consulted on proposed reforms to the building safety system

In June 2019, the government consulted on proposed reforms to the building safety system.

In its consultation response published in April 2020, the government introduced changes to that included gateway review points during the lifecycle of multi-occupied residential buildings 18 meters and above:

  • Planning (gateway1)
  • Technical and design phase (gateway 2)
  • Building control completion stage (gateway 3)

The key provisions of the draft legislation for planning gateway one include:

  • A requirement for relevant planning applications to include a fire statement.
  • The Health and Safety Executive becoming a statutory consultee where a high-rise residential building is proposed.

Draft fire statement form

The government has published a draft fire statement form and accompanying guidance which includes information about the principles and approach of fire safety used for the application, site layout, access for the emergency services, and any prior consultation.

The government plans to introduce the legislation to create planning gateway one shortly and subject to parliamentary scrutiny it proposes to bring the changes into effect from 1 August 2021. This is part of a package of measures being introduced by the government alongside the Building Safety Bill announced in the Queen's Speech.