Building safety in Scotland

[edit] The context of events for Scotland

The independent review of fire safety and building regulations in relation to high-rise residential buildings (HRRBs) in England was announced in July 2017, following the infamous and tragic Grenfell Tower fire and led by Dame Judith Hackitt. The fire on the 14th June 2017 led to seventy-two people tragically loosing their lives, over seventy people injured with immense suffering and loss. It was the deadliest fire in the UK since 1988 and the worst UK residential fire since World War II and was to lead to to significant changes in the UK construction industry in the years to follow.

In June 2017 a Scottish ministerial working group on building and fire safety was set up to oversee reviews of building and fire safety frameworks, regulations and guidance, and any other relevant matters, initially with a focus on high rise domestic buildings,. With a remit to help ensure that people are safe in Scotland's buildings it also considered other buildings including housing, the NHS estate and schools.

In December 2017 a building fire at Cameron House Hotel claimed the lives of two occupants due to smoke and fire gas exposure. An independent Crown Office review concluded that a Fatal Accident Inquiry (FAI) should be held into the deaths, and multi-agency investigation led to prosecutions of the hotel and an individual.

[edit] The Building Safety Act in Scotland

The interim report of December 2017 investigating into the causes of the Grenfell fire, called for a 'universal shift in culture’ and the final report, ‘Building a Safer Future, Independent Review of Building Regulations and Fire Safety’ was published in May 2018. The final Hackitt report was damming and called for a complete over hal of construction industry practices.

A Scottish expert panel (established via the ministerial working group) published consolidated advice in January 2020, by March the Scottish Ministers had agreed to set up a Technical Working Group to develop advice notes to determine the fire risk posed by external wall systems in existing multi-storey residential buildings.

In July of 2020 a draft Building Safety Bill was announced in the British Parliament, it received Royal Assent on 28 April 2022. The last Scottish Technical Working Group advice note was published in December 2022: Scottish Advice Note: Determining the fire risk posed by external wall systems in existing multi-storey residential buildings (Version 2.0). Following the independent Crown Office review and Fatal Accident Inquiry (FAI) into the original deaths at the Cameron House Hotel fire the final report was issued in January 2023.

The Building Safety Act 2022 came into force on 1 April 2023. The Act predominantly applied to England and Wales, with limited applications in Scotland and Northern Ireland. Essentially two parts, albeit quite significant parts of the Building Safety Act 2022 applied to Scotland.

The law comes into effect where an inherently defective product is used in the construction of a residential building, making ‘unfit for habitation. Any party involved in manufacturing, marketing, supplying, or installation of a construction product that fails to comply with construction product requirements (in particular cladding), if the products are deemed inherently defective, or associated with misleading statements have potential liabilities. As such any party from property owners to tenants with a stake in a residential building can initiate a claim, regardless of whether they have a direct contractual relationship with the party in breach. The scope of that claim also extends beyond personal injury or property damage, to include economic losses, including for alternative accommodation as a result.
The prescription period which was introduced by the Building Safety Act also applies to Scotland, and extends the limitation period for liability for rto construction products to 15 years. Previously in Scotland the prescribed period was five years. Furthermore cladding products have a 30-year time limit, with the exception of those completed before the Act’s enactment, which is 15 years. These cases apply even where contractual agreements state differing limitation periods, and those that were previous limited may also be reviewed.

[edit] The Housing (Cladding Remediation) (Scotland) Bill 2023

In November 2023, the Housing (Cladding Remediation) (Scotland) Bill 2023 was introduced to the Scottish Parliament, it aims to mitigate and ideally eliminate risks to human life presented by the external wall cladding systems. It proses a number of things:

The creation of a Cladding Assurance Register (CAR).
Establishing a responsible developers scheme (RDS).
Providing the possibility for single-building assessments to identify and address existing cladding systems on buildings.
Defining responsible persons and extending liabilities concerning consent or connivance as in willingly allowing a breach if the law, including proven neglect.