Fire safety remediation of residential buildings in Wales: guidance

This guidance sets out how projects to remediate internal and external fire safety risks of residential buildings (11 metres high and above) should take account of the needs of residents regardless of who is delivering the project or how it is funded. 

If you are a resident of a building being remediated, it doesn’t matter if you rent the property privately, are a social housing tenant, or a leaseholder the same expectations apply to those responsible for the remediation project.

Throughout the entire project, you should:

• Be kept informed of who is responsible for the remediation project, and the roles of the different people and organisations involved
• Have the opportunity to meet those responsible for the project before it starts
• Expect those responsible for the project to take reasonable steps to understand and take account of any specific needs you may have
• Be informed of the ways you can pose questions, issues, or concerns, and have the opportunity to input into decision making where it is appropriate and possible for you to do so
• Receive regular, clear, up-to-date communications about the project and its progress, and to be informed if things change
• Expect steps to be taken to reduce disruption, for example noise, vibration, access to balconies etc.

Executive summary

Fire safety problems identified in the aftermath of the Grenfell Tower fire in June 2017 have resulted in a large number of residential buildings requiring remediation works to ensure residents are safe.

It is critically important that residents feel safe and secure in their homes. Welsh Government is committed to addressing building safety issues and continue to progress building remediation through the Welsh Building Safety Programme.

Welsh Government is clear that developers should step-up to their responsibilities and put right fire safety issues in buildings they have developed since 1992. To date, 12 major developers have signed up to the developer contract – confirming their commitment to remediating fire safety issues they are responsible for. 

Residents’ experiences can be improved significantly through better planning and considerate project management. This guidance for the remediation of residential buildings sets clear expectations of those undertaking and managing remediation projects. All projects are expected to follow this guidance. 

Residents’ needs should remain central during all remediation. While the outcome of the work is to make residents feel safer, the work should be planned and carried with minimal inconvenience to residents. All residents should be provided with appropriate information and meaningfully engaged with; they should be made aware of the likely impacts on their lives and understand how these impacts will be identified, assessed, and managed. Residents should know what to expect from those responsible for delivering the project and where to go when they have questions or issues arise that require resolution.

Residents' views on remediation have been considered and analysed through the Safer Buildings in Wales White Paper and this independent research. The findings of both papers have been considered in development of this guidance. 

Those responsible for a remediation project or undertaking any part of a remediation project should take account of the responsibilities set out in this guidance. It also details what residents can reasonably expect during remediation.

Projects should make sure that:

1.1 - There are clearly defined and recorded roles and responsibilities, including in regard to the guidance, for all relevant persons and organisations.

2.1 - Residents receive regular, up-to-date communications, about the project, with meaningful engagement throughout. Those overseeing remediation should clearly set out how and when residents can expect that engagement.

2.2 - Reasonable steps are taken to identify and understand the needs of residents.

2.3 - Residents are given the opportunity to be engaged in making decisions when it is appropriate and possible to do so.

2.4 - Residents can meet those with a significant role in the project before it commences.

2.5 - Communication methods are appropriate and consider the identified needs of residents.

2.6 - It is clear to residents how they can ask questions, raise issues and make complaints relating to the project.

3.1 - Residents are appropriately included as part of the design and delivery of the project, including where changes are made during the work. Each project should ensure that appropriate and reasonable steps are taken to identify, assess and manage the impacts of the project on residents.

3.2 - Reasonable steps are taken to reduce the impact of particularly noisy activities.

3.3 - Reasonable steps are taken to avoid reducing natural light and/or ventilation wherever possible. Where reductions are unavoidable, they should be kept as brief as possible.

3.4 - Reasonable steps are taken to reduce the impact of any works requiring access to residents’ homes and common facilities and amenities in the building.

3.5 - Reasonable steps are taken to ensure the safety and security of the building and the residents.

3.6 - Reasonable steps are taken to reduce disruption to the lives of any residents required to leave any portion of the building temporarily during remedial works.

4.1 - Reasonable steps are taken to demonstrate the guidance has been followed, so that residents and others can hold contractors and other parties accountable.

The guidance refers to the remediation works of residential buildings with fire safety issues. Welsh Government recognises the significant impact that these works can have on residents’ homes and lives. 

Projects should comply with the guidance from the moment survey works are initiated, through to completion of remediation works, when works are signed off as complete by an authorised person. 

As per requirement 1.1, it is for those responsible for the project to clearly define the relevant persons and organisations which are responsible for following this guidance.

Requirement 1.1: Those responsible for the project should have clearly defined and recorded roles and responsibilities, including in regard to the guidance, for all relevant persons and organisations.

Rationale: Parties are in scope of the guidance if they are responsible in any way for the safety, management, assessment, design, or construction with regards to a residential building and/or have a duty in relation to the remediation project and works. This includes through delegation of duties or subcontracting, which should be to an appropriate and qualified person and should also be recorded.

The management of residential buildings and remediation projects is a complex undertaking. The roles and responsibilities involved should be clearly identified and understood to improve communication, efficiency, accountability and execution.

Guidance: It is recommended that when defining clear roles and responsibilities, the following persons and organisations should be considered for inclusion, where applicable:

• building owners (i.e. social landlord, freeholder and/or their agent)
• developers
• managing and property agents and project managers and designers
• residents with management responsibilities for example, Resident Management Companies, Right to Manage etc
• residents, including resident leaseholders and landlords (that is those who tenant out one or more dwellings in the building and includes social housing providers)
• people working on site, service providers and those who are responsible for any part of the project and its design (inclusive from start to finish), including contractors and sub-contractors

To note, where this document refers to ‘residents’ that should generally be interpreted to include all tenants and leaseholders (including occupying and non-occupying leaseholders).

This part sets out the principles that the Welsh Government expects to guide remediation work. These all proceed from the fundamental principle that residents’ experiences should inform every decision made as part of a remediation project.

Requirement 2.1: Those responsible for the project should make sure that residents receive regular, up-to-date, communications about the project, with meaningful engagement throughout. Those overseeing remediation should clearly set out how and when residents can expect that engagement. 

Rationale: It is important that it is clear what residents can expect during the remediation process and how they can and will be involved in the project. This will help build trust and avoid complications during the lifetime of the project. Where residents can contribute to decision-making, it improves their experience of remediation projects. 

Guidance: It is recommended that when establishing how communication, information and engagement will be delivered, those responsible consider:

• setting out who is responsible for communications throughout the project, keeping these relevant and up to date
• the different needs of audiences and the types of information they require to be appropriately informed – for example, where the needs and access to information of resident leaseholders or private or social sector tenants are different from landlords
• identifying a point of contact for residents, to provide clarity and consistency
• reviewing engagement plans regularly, including after any significant event and where queries, issues, and complaints have been raised which impact any plans or which could be helpfully proactively addressed
• the personal information of residents will be handled sensitively and not shared without the appropriate permission. 

For all activities related to communications, information and engagement, those responsible should consider:

• the building height, tenure type and any organisations involved in representing residents
• accounting for the needs of residents by ensuring barriers are removed to ensure the information is accessible to those who require adjustments in order to access the information
• highlighting key points and avoiding jargon with simple explanations of any technical points
• using summaries with further information available if needed
• taking a consistent approach between residents, regardless of tenure type
• using appropriate physical and digital forms and forums

Requirement 2.2: Those responsible for the project should make sure that reasonable steps are taken to identify and understand the needs of residents.

Rationale: Remediation works affect people differently depending on their needs and circumstances. Those responsible for the project should take steps to understand the needs of the residents in the building so they can work with residents to consider appropriate mitigations. These may not always be known before the project commences, so should be informed by direct engagement with residents both before and during the works.

Guidance: When identifying and understanding the needs of residents those responsible should consider:

• all recommended steps in requirement 2.1
• encouraging residents to raise to those responsible any individual circumstances which may be relevant when considering the impact of those works
• early and direct engagement with residents to help build relationships and understanding of who lives in the building

Requirement 2.3: Those responsible for the project should make sure that residents are given the opportunity to be engaged in making decisions when it is appropriate and possible to do so.

Rationale: It is important that residents are given the opportunity to play a meaningful role throughout a project. Even where direct involvement in decision-making may not be possible, residents should be engaged in a way that ensures decisions demonstrably respect their needs.

Guidance: When designing and delivering engagement, those responsible should consider:

• all recommended steps in requirement 2.1 and any further needs identified through requirement 2.2
• how residents will be meaningfully engaged during the whole project
• how to promote participation and engagement, and whether resident associations or other resident organisations can support this
• whether residents will need material provided in advance, or support understanding the potential impacts of decisions
• how to communicate the basis of any decisions in which residents are not involved
• any legal requirements

Requirement 2.4: Those responsible for the project should make sure that residents are able to meet those with a significant role in the project before work commences.

Rationale: Providing the opportunity to meet the people that will be working on residents’ homes not only provides a place to ask questions, provide preferences and raise issues but also encourages better communication and a visible and approachable environment.

Guidance: When arranging and delivering a meeting, those responsible should consider:

• all recommended steps in requirement 2.1
• how to promote participation and that the meeting is made accessible and arranged well in advance
• recording the meeting, taking notes and how these notes will be distributed
• how to ensure the meeting is effective and whether those attending, including residents, would benefit from preparatory material to focus discussions and help prompt relevant questions

Requirement 2.5: Those responsible for the project should make sure that communication methods are appropriate and consider the identified needs of residents.

Rationale: It is important to maintain effective communication with residents throughout the remediation project. Communication has a big impact on residents, with the ability to mitigate impacts through greater understanding, allowing time to prepare and to raise questions, queries, and issues. Effective communication can improve project design and delivery as well as the experience of residents.

Guidance: To communicate effectively and appropriately, those responsible should consider:

• all recommended steps in requirement 2.1
• establishing agreed communication channels as soon as possible, reviewing any pre-established channels and offering and using multiple channels where appropriate
• agreeing communication methods during initial resident engagement, to ensure that residents and representative groups have been able to put forward how information will be most likely to reach them

Requirement 2.6: Those responsible for the project should make sure that it is clear to residents how they can ask questions, raise issues and make complaints relating to the project.

Rationale: It is inevitable that residents will need to communicate with those responsible for the project throughout its duration. It is important that there are clear routes for residents to contact those responsible for the project so that they can ask questions or make those leading the project aware of any issues or unanticipated adverse effects.

Guidance: In delivering effective routes for residents to ask questions, raise issues and make complaints, those responsible should consider

• other relevant requirements of the guidance, including how requirement 1.1 can be used to communicate a point of contact, and the expectations set out in requirement 2.1
• creating or updating a clear and accessible policy on questions, issues and complaints related to the project
• establishing procedures for handling questions, issues and complaints, with deadlines for responses
• how to ensure that communications from residents effectively and efficiently reach those with ability to respond
• how to ensure residents know which bodies and organisations they can contact about the project

Remediation work can significantly affect the lives of those living in the building while it is underway. Every effort should be taken to minimise these effects where it is reasonable and proportionate to do so.

Requirement 3.1: Those responsible for the project should make sure that residents are appropriately included as part of the design and delivery of the project, including where changes are to be made during its course. Each project should ensure that appropriate and reasonable steps are taken to identify, assess and manage the impacts of the project on residents.

Rationale: The technical expertise required for such projects requires that the final decision on activities must be taken by the relevant competent person – a qualified professional with relevant expertise. This is to ensure health and safety and other technical requirements are met. This does not mean residents cannot be effectively engaged and considered on activities to reduce their impacts. Where residents are considered from the outset, this can help to significantly reduce the impacts of activities on them.

Guidance: It is recommended that for any activity that affects residents, the following is considered by those responsible, and appropriate action taken:

• informing residents of the likely impact of work before it starts, as well as the steps taken to reduce it, and anything further residents could do
• engaging residents about any preferences or choices about mitigation
• the phasing and design of the activity in the context of its current usage, including limiting disruptive work and intrusive mitigations to the shortest possible duration and the smallest physical coverage
• keeping the effect of activities under review
• considering any feedback from residents and other parties
• any specific needs of residents with a vulnerability, disability and/or condition which may exacerbate the impact of an activity
• ensuring that workers are appropriately trained, including in how activities affect residents, and in the importance of sensitive and considerate conduct when working on or near people’s homes

Requirement 3.2: Those responsible for the project should make sure that reasonable steps are taken to reduce the impact of particularly noisy activities.

Rationale: Noise is an unavoidable element of building works, and it is unlikely to be possible to completely mitigate the impact of noise on residents. While noise levels are directly addressed through existing requirements, for example, planning and permitting requirements, in the context of remediation programmes the Welsh Government expects contractors to take special care, reflecting the fact that the work is undertaken on occupied homes, and is to address defects that have a detrimental effect on the wellbeing of residents and leaseholders.

Guidance: In ensuring that particularly noisy activities are appropriately mitigated, it is recommended for those responsible to consider:

• all recommended steps in requirement 3.1
• whether they can be done wholly or partially off-site
• measuring noise levels and seeking feedback from residents
• introducing restricted operating hours and scheduled breaks (liaising with residents)
• whether residents can be provided with space away from noisier activity, or such work can be staged in a way that mitigates the impact of the noise

Requirement 3.3: Those responsible for the project should make sure that reasonable steps are taken to avoid reducing natural light and/or ventilation wherever possible. Where reductions are unavoidable, they should be kept as brief as possible.

Rationale: Due to the nature of remediation works it is highly likely that access will be required to the external walls of the building. Access (scaffolding, mast climbers, cherry pickers, cradles etc.) and covering can have a very significant impact on residents’ lives and therefore requires specific attention. 

Whereas the need for and options to allow access to the external walls are usually more straightforward to explain, decisions about the need for, nature and duration of any coverings are more complex. Health and safety requirements may require a building to be covered for reasons including controlling dust (from the removal of materials and installation) and exposure to weather conditions. When deciding how and for how long to cover all or portions of a building, the mental and physical health impact on the lives of residents should be carefully considered and documented.

Guidance: In order to meet this requirement, those undertaking remediation should consider how they can balance the need to make sure that they meet required standards such as health and safety and mitigate the impact on residents with the impacts on costs and the duration of the project. Residents should be included in discussions about these competing priorities, and their views should carry weight when decisions are taken. In ensuring that projects maximise residents’ access to natural light and ventilation, it is recommended for those responsible to consider:

• all recommended steps in requirement 3.1, in particular reducing the time and coverage required
• where works no longer require access and coverage (staging), for instance when working down a building and floors have been completed, where dusty works have been completed or work has been stalled, consideration should be given to removing access and coverage (or swapping it for an alternative with a lesser impact)
• opaque and solid coverings should only be used where there is no other suitable alternative (these should include netting, mesh and transparent coverings)
• all options for access, such as mast climbers, cradles, and cherry pickers (aiming to reduce traditional scaffold usage)
• where scaffolding is used, how to design it in a way that reduces its impact, such as by using perforated metal planks and allowing the opening of windows
• reducing the impact on the surrounding area and facilities
• that remediation plans allow appropriate access for fire and rescue services to enter residential buildings and effect rescues if required

Requirement 3.4: Those responsible for the project should make sure that reasonable steps are taken to reduce the impact of any works requiring access to residents’ homes and common facilities and amenities in the building.

Rationale: During the project it is likely that works will require access to and impact on residents’ homes and the facilities they can access, such as parking, common spaces etc. It is important that when required, the impact is minimised, and that consideration is given to being in someone’s home or place they use. 

Guidance: In ensuring that works in residents’ homes are respectful and that access to common facilities is maintained to the maximum possible extent, it is recommended for those responsible to consider:

• all recommended steps in requirement 3.1
• securing alternatives to amenities and spaces impacted, including parking spaces, communal areas, and access routes
• where access is required, providing as much notice as possible in advance. Where possible, notice should be in writing to residents (in at format that takes account of any adjustments required to aid accessibility) requesting access to their homes, including the reasons for the visit and clear timescales for inspection
• Access should not be forced and without consent from the resident
• Presence of support services or other representatives for vulnerable residents during intrusive surveys / remediation works
• where possible, the inspection being carried out by someone who is known to the resident, or at least has clear identification and means for the resident to check the authenticity and expertise of the person seeking to access the home
• where possible being able to provide inspectors of different genders, or communicating the gender in advance, and having awareness of relevant cultural considerations
• the impact of access to the outside of residents’ homes and of interactions between workers and residents in their homes
• how to ensure residents are not denied access to communal or outdoor areas, including balconies, for any longer than strictly necessary
• reducing the likelihood of trespass
• specific training for any workers who need to access residents’ homes, with clear policies that cover potentially intrusive activities (such as the need to take photographs)
• how residents can raise any concerns about the conduct of those working on site, including how complaints can be made and resolved

Requirement 3.5: Those responsible for the project should make sure that reasonable steps are taken to ensure the safety and security of the building and the residents.

Rationale: The safety of residents, workers and the public is the most important factor in any project. By virtue of living in a construction site, residents will be exposed to works and activities that members of the public would not normally be and therefore their interaction with the works requires additional consideration and information.

Guidance: When planning and undertaking remediation works, the persons responsible for projects should make sure that:

• works are always appropriately designed and delivered to meet health and safety requirements
• fire exits remain unobstructed, or if temporarily obstructed that mitigations are put in place and communicated to residents
• fire risk assessments are kept up to date with appropriate mitigations, in particular for the fire strategy, throughout the remedial work and at its completion

In ensuring the safety and security of the building and residents, it is recommended that those responsible consider:

• all recommended steps in requirement 3.1
• informing residents about how they can stay safe and secure on site and in their homes
• ensuring that where issues with health and safety and security arise, they are rapidly rectified, reported and recorded
• ensuring that workers on site regularly check for hazards (including open fire doors), clear rubbish, and keep the site tidy
• liaising with relevant authorities concerning security
• putting in place relevant additional security arrangements. These could include monitored security cameras, alarmed access points, security patrols and responses, clear and visible ID and PPE requirements, and signage at security points. Where these are in place, there should be specified timescales for security responses, with incidents documented and communicated appropriately to residents. Residents should understand how to raise the alarm for security to attend if necessary

Requirement 3.6: Those responsible for the project must make sure that reasonable steps are taken to reduce disruption to the lives of any residents required to leave their homes temporarily during remedial works.

Rationale: Given the nature of remediation works, in rare cases it is possible that residents may be required to leave their homes while works are completed, often termed decants. This will only be necessary in extremely rare cases and is done only as a last resort. This is likely to significantly disrupt residents’ lives. The periods for which residents are required to vacate individual flats should be minimised as far as possible.

Guidance: Where residents need to leave their home for any portion of remedial work, it is recommended that those responsible consider all recommended steps in requirement 3.1 and take steps to keep informed about the process.

Requirement 4.1: Those responsible for the project should make sure that they are able to demonstrate they have fully considered this guidance throughout the lifetime of the project.

Rationale: It is important that everyone involved in a remediation project is aware of the requirements of this guidance. Those with overall responsibility for the project should assure themselves that the guidance has been followed and that they may be asked to provide evidence of how they have made due consideration.

Guidance: It is recommended that those responsible consider:

• having clear and robust contracting and working arrangements in place such that those working on the project (or who have a responsibility for part of it) understand their responsibility to residents and that where issues arise that they can be effectively handled. This includes taking the guidance into account when procuring for the project
• gathering feedback from residents on their experiences, addressing any issues and highlighting good practice
• carrying out periodic reviews, including visiting the building, and implementing any improvements
• sharing feedback and outcomes of reviews with residents
• recording the steps taken in considering the guidance and any issues, including how residents have been considered in project design and delivery and mitigations and actions taken.