It is absolutely vital to understand the commercial cladding regulations, and more so since the Grenfell Tower disaster. The regulations exist for safety reasons so that cladding is fire-resistant and installed correctly. Below, we take you through the most significant regulations you’ll need to understand and touch on fire safety requirements, plus materials you can use. For those designing new buildings or refurbishing old ones, it is imperative to stay informed about these regulations in order to make your projects safe and compliant.
The core legal framework (England)
The Building Act 1984 and Building Regulations 2010 are listed as the legislative framework of the cladding legislation of England. The regulations are explained through Approved Documents, of which Part B deals with Fire Safety, and others like Parts L, F, and O deal with performance requirements regarding energy, ventilation and so on.
One of the most dramatic changes in recent years is Regulation 7(2), which excludes the use of combustible materials in certain buildings. The ban applies to high-rise buildings or those containing vulnerable people, e.g., hospitals or care homes. These rules apply to other commercial buildings, offices, shops, hospitality buildings, and so on.
Higher-Risk Buildings (HRBs), such as hospitals or care homes, contain additional conditions. Understanding how these conditions are applied in different commercial buildings is the key thing for project conformity to safety standards.
Higher-risk buildings
A Higher-Risk Building (HRB) is a building which is more than 18 metres tall or 7 storeys tall. Non-domestic buildings like hospitals and care homes are also classified as HRBs. Buildings classified as higher-risk are regulated more heavily, as there is an increased danger of loss in the event of a fire or other emergency. The Gateway regime has been incorporated within the Building Safety Act 2022 in the different stages of construction, with regulations for HRBs.
- Gateway 2: Emphasises planning and design, ensuring that fire safety and building performance are established before work begins.
- Gateway 3: It takes place at the final stage to ensure the building is built as planned and all the safety standards are met.
Fire performance standards you must know
Commercial building cladding needs to meet stringent fire performance standards. The purpose is to prevent outside fire spread, protect escape routes, and give occupants enough time to safely evacuate.
Key standards are:
- Reaction to fire: Materials need to be tested against the European classification system (EN 13501-1). In most cases, only materials achieving Class A1 or A2-s1, d0, are permitted for use on high-rise or high-risk buildings.
- Resistance to fire: Beyond surface spread, cladding and insulation systems must also prevent fire penetration and maintain structural stability. Tests like BS 8414 (large-scale facade testing) are sometimes required to allow proof of compliance.
- System compatibility: Simply being safe as an individual material is not enough; the complete cladding system (i.e., fixings, membranes, insulation, and coatings) needs to be tested as a whole.
- Installation standards: Substandard installation of even the safest material equals failure. Manufacturer guidance and compliance with Approved Document B must be followed in order to maintain fire resistance.
Existing buildings
Current rules don’t just cover new buildings; they cover existing commercial buildings, too. Where a cladding system is found to contain combustible or non-compliant materials, owners may be forced to replace it in order to meet up-to-date fire safety standards.
Key things to note:
- Retrofitting: Structures in place may need to have cladding replaced or enhanced to meet standards that came into effect in 2018. It is especially applicable for HRBs such as hospitals, student accommodation, or care homes for residents.
- Fire risk assessments: Building owners have a legal duty under the Regulatory Reform (Fire Safety) Order 2005 to carry out regular assessments, which now must include external walls and cladding systems.
- Remediation funding: Government funding or development commitments can be accessed in certain cases to assist in paying for the removal and replacement of dangerous cladding. Building owners and contractors, though, must comply with official guidance in order to qualify.
- Ongoing maintenance: Once compliant cladding is installed, routine inspections and maintenance are necessary to ensure long-term safety and performance.
Nation-by-nation differences
There are some small differences between England, Scotland, Wales and Northern Ireland that it’s best to mention here; they are:
- England: The ban on combustible materials in external walls above 18 metres applies to residential care homes, hospitals, and student accommodation. Offices, hotels, and other commercial buildings are also included, depending on their height and purpose.
- Scotland: Scotland applies a stricter standard in some cases. Combustible materials are banned in buildings above 11 metres, not 18. The Scottish regulations also place a greater emphasis on “reaction to fire” performance for external wall systems.
- Wales: Wales is closely aligned with England but, in some areas, has gone further. In 2022, the Welsh Government extended the ban on combustible materials to cover all buildings above 11 metres that contain dwellings or rooms for residential use.
- Northern Ireland: Regulations have been slower to change, and Northern Ireland currently follows the older framework that’s more closely aligned to England’s pre-2018 rules. However, consultations are ongoing to bring standards in line with the rest of the UK.
Materials, systems, and documentation
When it comes to cladding, it’s not just about using compliant materials; the whole external wall system will be assessed. Even if individual items meet the standards, together they can still fail. The products used need to have the appropriate warranties, and installation must be carried out by accredited teams, like those at Pops Facades.
Evidence checklist:
To satisfy building control and the Building Safety Regulator, you need to have evidence of the following:
- Product declarations to EN 13501
- BS 8414 test reports or BR 135 assessments for system-level fire performance
- Fixing and setting out drawings
- Details of fire-stopping and cavity barrier locations
- Installer competence certificates and warranty documentation
- “As-built” records and photographic evidence, forming part of the golden thread of information required for high-risk buildings
Deadlines
Unsafe cladding is still a pressing issue, both legally and financially. Following the Grenfell Tower fire, the UK government has set out clear expectations for identifying and replacing non-compliant cladding on existing buildings. Remediation needs to be carried out without delay, with exact deadlines varying by funding scheme and jurisdiction. According to recent reports, while progress has certainly taken place, there are many buildings that remain affected. Owners who have a clear plan that’s backed by contractors and documentation will be better positioned to meet the deadlines and avoid penalties.
If you’d like to discuss your building’s cladding and compliance, then please get in touch with Pops Facades today. We’ll be happy to answer any questions you may have and ensure that you’re safe and compliant with your commercial cladding.
