On 26 February 2025, the Ministry for Housing, Communities and Local Government (MHCLG) published its response to the Grenfell Inquiry Phase 2 Report (the Inquiry Report).

The Inquiry Report, published in September 2024, made 58 recommendations for further building safety reform with wide-ranging and significant implications for the construction industry (which we examined in our previous insight).

Some of the most significant points arising out of MHCLG's response (which we will continue to analyse as further details emerge) include:

  • All recommendations accepted: 49 of the 58 recommendations have been accepted in full by Government and those responsible, with the remaining 9 recommendations accepted in principle.
  • Definition of ‘Higher-Risk Buildings’ (HRBs) to be reviewed: The current definition established by the Building Safety Act 2022 (BSA) and secondary legislation refers to buildings that are at least 18 metres tall (or have seven storeys) and in England, contain at least two residential units. (In Wales only a single residential unit is required to meet the definition of a HRB.)

    The Inquiry Report called for a review of this definition, criticising the "arbitrary" focus on the height of a building and suggesting that other critical factors such as the building’s use and the presence of vulnerable individuals are more relevant.

    There is limited detail in MHCLG's response as to when the review will be completed, save that an initial review has been completed and "plans for an ongoing review" will be set out "in summer 2025". As noted in our previous insight, it remains unclear how a change in definition – which refers not only to defined criteria such as building height, but also subjective and potentially shifting criteria such as the occupancy of any given building – would operate in practice. Changing the definition would have significant ramifications for the industry, increasing the number of buildings classified as HRBs and the corresponding workload for the Building Safety Regulator (BSR).

  • Creation of a single 'super-regulator' for the construction industry: MHCLG has accepted this recommendation and "implementation will start immediately". The single construction regulator will deliver all the functions relating to the construction industry identified in the Inquiry Report, with two exceptions. These relate to testing and certification of construction products, and issuance of certificates of compliance: instead, oversight of Conformity Assessment Bodies will be strengthened through reforms to the construction products regime (more on this below):
    • Appointment of a Chief Construction Adviser: who will advise the Secretary of State, monitor MHCLG's work relating to building regulations, statutory guidance and the construction industry more generally. Indications in the press are that recruitment for the post has already begun.
    • Responsibility for fire safety functions to be brought into one department: all fire safety related functions will move to MHCLG.
    • Review of statutory guidance, in particular Approved Document B: MHCLG had already announced in December 2024 that the BSR would be leading a fundamental review of how building regulations guidance – also known as "Approved Documents" (ADs) – is produced, updated and communicated to the construction industry. We now know that the interim findings of this review will be published by summer 2025 and the full list of recommendations in 2026.
    • Fire engineering to become a recognised, protected and regulated profession, and increased number of masters level fire engineering courses: both of these recommendations were accepted and MHCLG "will consider" both how to effectively protect and regulate the profession, and how to most effectively increase the number and take-up of masters level courses.
    • Construction Products Green Paper published: On the same day as the MHCLG response, Government also published a construction products green paper for public consultation which will run for 12 weeks until 21 May 2025. We will report on this, and some of the detail it contains, in a separate insight.

Key takeaways

The BSA – arguably the biggest legislative change to building safety regulation in a generation – is approaching its third anniversary in April 2025. However, the Grenfell Phase 2 Inquiry Report represented a further call to action for the construction industry, so while the industry continues to familiarise itself with the BSA and the reform it has already brought about, it is clear that further significant reform and new legislation should be expected. We described some of the changes that had already been communicated, including the introduction of the Building Safety Levy, and the review of Building Regulations guidance, in our insight summarising key talking points in construction for 2025. However, this latest response from Government confirms that more change is on the horizon.

Our leading Building Safety team advises on a wide range of issues relating to building safety. With expertise drawn from a specialist cross-discipline team, we provide practical, easy-to-understand advice, with clear recommendations.

If you have any questions about the issues raised in this article, please get in touch with Sue Ryan, Gemma Whittaker, Jessica Tresham or Sean Garbutt.