My Lords, I thank the noble Baroness, Lady Pinnock, and the noble Lord for raising this important issue on establishing a public register of fire risk assessments. The fire safety order currently places no requirement for responsible persons to record their completed fire risk assessments, save for in limited and specified circumstances. The self-regulatory and non-prescriptive nature of the fire safety order is the cornerstone of the legislation. It provides for a proportionate approach to effective regulation of fire-related risks across the wide range of buildings that fall within its scope.
I do, though, agree with the noble Baroness, Lady Pinnock, that it is of paramount importance that residents have access to the information they need to feel safe and be safe in their homes. However, the creation of a fire risk assessment register would place a new level of regulation upon responsible persons that could be seen as disproportionate. There are also questions in relation to the ownership and maintenance of such a register and where the costs would lie. There is a delicate balance to be struck.
The Government do, however, acknowledge that there is work to be done and that improvements can be made in respect of the sharing of important information with residents and other relevant persons. That is why the fire safety consultation set out a range of proposals to ensure that those persons are provided with vital fire safety information.
First, the fire safety consultation proposed to change the current position that a responsible person does not have to record their fire risk assessment by including a proposed new requirement on all responsible persons to record their full fire risk assessments. This would provide a level of assurance that their duty to complete a suitable and sufficient fire risk assessment has been fulfilled. In addition, the consultation also included proposals for responsible persons to take steps to provide vital fire safety information to residents, including the fire risk assessments on request. We are considering responses to the consultation to ensure that we take the needs of residents into account when establishing the final policy approach. The full consultation can be found online at GOV.UK and we will publish a response at the earliest opportunity.
I turn now to the related amendment from the noble Baroness, Lady Pinnock, and the noble Lord, Lord Stunell, which seeks to create a public register of fire risk assessors. I agree with the noble Lord and the noble Baroness that there is a clear need for reform in relation to fire risk assessors to improve standards. That is why the Government included a proposal for a competence requirement for fire risk assessors and other fire safety professionals in the recent fire safety order consultation.
Noble Lords will recall that, in Committee, I mentioned the work of the industry-led competency steering group and its subgroup on fire risk assessors. The group published a report on 5 October, which included proposals in relation to third-party accreditation, a competence framework for fire risk assessors and the creation of a register of fire risk assessors. The working group recommend that the register should be compiled from the existing registers and should be easy to use, with open public access to records of individuals and organisations. It is right that industry leads this work and continues to develop the competence and capacity of these professions.
I wish to assure your Lordships’ House that the Government are committed to working with the fire risk assessor sector to develop a clear plan to increase its capacity and capability. However, it is necessary to establish this basic principle of competence before we consider how the sector can be further professionalised. Again, the responses to the fire safety consultation proposals will inform the approach on issues relating to competence.
The right approach is for the Government to first establish a basic principle of competence and consider the competency steering group’s and subgroup’s proposals in relation to a register of fire risk assessors. The Government’s position is that this work should continue to be led and progressed by industry. We will support industry in taking forward this vital work.
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I do not disagree with the idea of a professional register of fire risk assessors, but establishing a register for inclusion within the Fire Safety Bill is not the appropriate way forward, given that we are looking to deliver the fire safety consultation outcomes and the recommendations of the competence steering group. It would also significantly delay commencement of the Bill and place significant pressure on capacity in the sector. I also need to consider any regulatory impact of the recommendation on a professional register, as a result of the non-regulated principles of the fire safety order.
I turn to Amendment 12, tabled by the noble Lord, Lord Stunell, and the noble Baroness, Lady Pinnock. I will explain how the fire safety order and building regulations already cover the issues that they are concerned about. Article 9 of the fire safety order already places a duty on the responsible person to update the fire risk assessment if there has been any significant change to the premises in scope. This includes when premises have undergone significant changes, extensions or conversions. As a result, the fire safety order already covers the scenario that the noble Lord and the noble Baroness have set out in their amendment. I thank them for raising the issue, and I am pleased to have the opportunity to clarify this point in your Lordships’ House.
I assure noble Lords that all homes must meet building regulations, irrespective of the route to planning permission. Noble Lords will know that national permitted development rights play an important role in the planning system. They provide a national grant of permission for specific types of development set out in legislation to have the right to provide a more streamlined planning process with greater planning certainty, while at the same time allowing for local consideration of key planning matters through prior approval. However, permitted development rights do not exempt work from building regulations requirements, or exempt the responsible person from their duties under the fire safety order.
When the use of a building is altered such that it comes to contain two or more sets of domestic premises, the requirements for material change of use in building regulations will apply. Regulation 5 of the Building Regulations 2010 defines a “material change of use”. It includes situations where
“the building contains a flat, where previously it did not”
and where
“the building, which contains at least one dwelling, contains a greater or lesser number of dwellings than it did previously”.
Regulation 6 then sets out the requirements applicable where such a change takes place, requiring that work
“shall be carried out as is necessary to ensure that the building complies”
with a list of technical requirements set out in Schedule 1. This includes all five of the fire safety provisions known as part B. Regulation 6 was amended by the Building (Amendment) Regulations 2018, such that, in addition to the five requirements of part B, work must also be carried out as is necessary to ensure that any external wall or specified attachment to the building contains only non-combustible materials.
In the light of that explanation, and the assurance that I have given, I invite the noble Baroness to withdraw her amendment. Finally, I point out that on the draft building safety Bill, we are working with experts to explore, with stakeholders, the best way forward to ensure that the key elements of gateway 1 can be considered for in-scope building with permitted development rights. I hope, therefore, that the amendment can be withdrawn.