What is PAS9980?
PAS 9980:2022 is a publicly available specification (PAS) developed to provide a structured methodology for appraising the fire risk of external wall construction in existing residential buildings. It offers a five-step process to conduct a Fire Risk Appraisal of External Walls (FRAEW), ensuring that buildings meet the latest safety standards and that any necessary remediation measures are identified and implemented. This standard is crucial for protecting occupants by reducing the potential for fire spread via external walls.
Using PAS 9980:2022 provides a clear and consistent methodology for assessing the fire risk of external walls in residential buildings. It helps building owners, landlords, and fire risk assessors ensure compliance with safety standards, supports proportionate risk mitigation, and informs the Fire Risk Assessment (FRA). This process helps to avoid unnecessary remediation costs while ensuring the safety of occupants.
FRAEW
EWS1
An EWS1 Form is a standardised document created by the RICS post-Grenfell in 2017 which used by lenders to confirm that a building's external wall system has been assessed under PAS9980 to identify the need for any mitigation measures or remedial works to be carried out which may impact the value of a property.
The EWS1 process varies across the UK, however, the accepted process for acquiring and EWS1 certificate is to have an FRAEW carried out and form can be issued in line with the result of that survey.
The EWS1 Process involves a detailed inspection of a building's external wall system and follows the same 5 step process as outlined in PAS9980 to assess fire safety measures in place and determine if the premises meets the requirements for mortgage lending and insurance.
It is a legal requirement for the person conducting the EWS1 survey to meet the professional criteria as specified on the EWS1 form and to hold a valid Professional Indemnity Insurance Policy that meets the RICS Minimum wording and that specifically includes buildings over 11m and over 18m in building height.
The External Wall System (EWS1) form has five ratings based on the results of a building's fire safety assessment:
- A1: There are no attachments with significant quantities of combustible materials.
- A2: The risk assessment for attachments is appropriate and no remedial work is required.
- A3: Remedial work may be needed for attachments, such as balconies.
- B1: The fire risk is low/tolerable, and no remedial work is required.
- B2: The fire safety standard is not adequate and remedial work or interim measures are required.
An EWS1 form can be requested for any building, as it can be requested by the lenders or insurers, but it is typically required for residential buildings that meet any of the following criteria:
- Height Over 18 Meters: Buildings that are over 18 meters in height (or greater than 5 storeys, whichever is first) with any form of cladding or external wall systems that may pose a fire spread risk will require an EWS1 form.
- Buildings Over 11m but Under 18 Meters: Some buildings under 18 meters may also require an EWS1 form if they have cladding or materials that could present a fire spread risk. The need for an EWS1 form in these cases is usually required by the lenders or insurers as an assurance document.
The decision on whether an EWS1 form is required is dictated by the Lenders or Insurers as part of a commercial process and is influenced by the building's design, materials, and construction methods.
Mortgage lenders typically require this form as part of their due diligence when financing the purchase or remortgaging of a property in these types of buildings. Without an EWS1 form, it may be difficult for buyers to secure a mortgage, which can significantly affect the property's marketability.
Purchasing a property will always carry a level of risk. Flats being sold without an EWS1 certificate are available and may be exempt from the assessment criteria, however many mortgage lenders require this document to as a part of due diligence and without and EWS1, there is a likelihood that you encounter difficulties securing finances and may need to arrange for the survey prior to completion of your transaction, which could delay the purchase process.
An EWS1 B1 rating indicates that while combustible materials are present in the external wall system, they are unlikely to require remediation due to the limited fire spread risk they pose. In other words, the building's fire safety is considered tolerable/acceptable, and the materials present do not significantly increase the likelihood of fire spread across the external walls.
B1 ratings are considered good as it means the building's external wall system does not require remediation, and the risk posed by the materials present is tolerable/low. A B1 rating should satisfy mortgage lenders and insurers, making it easier to sell or refinance the property.
The number of floors in an 18-meter-tall building varies due to a number of factors including floor to ceiling height, basements and plant rooms and the use of the topmost story figure D6 form Approved Document B provides a simplified diagram to explain how we measure building height for the purpose of an FRAEW or EWS1 assessment.
The cost of obtaining an EWS1 form can vary significantly depending on the building's size, location, and the complexity of the assessment required. In England an EWS1 form applies to the entire building and is issued and kept on file by the Responsible Person i.e. Building Owner/Freeholder as part of Regulation 38 information. In Scotland, residential flats are classed as Freeholds and the EWS1 must issue to each individual flat, made out to the property owner.
Leaseholders are not required to pay for the costs associated with obtaining an EWS1 form if the building owner is responsible for the remediation of fire safety defects under the Building Safety Act 2022. The Act provides protections for qualifying leaseholders, which include those whose buildings are over eleven meters tall or have at least five storeys and have historical safety defects, such as unsafe cladding.
Key Points:
- If the building owner is linked to the original developer or if the developer is still responsible, the cost for fire safety remediation, including the EWS1 form, cannot be passed on to leaseholders.
- Additionally, if the building owner's group has a net worth of more than £2 million per relevant building, they must cover all remediation costs, including those for the EWS1 form.
- Leaseholders living in properties valued at less than £325,000 in Greater London (or £175,000 elsewhere in England) are fully exempt from any historical safety remediation costs.
However, there might be specific scenarios where limited costs could be passed on to leaseholders, particularly for non-cladding fire safety defects, but these costs are capped and spread over ten years. The overall intent of the law is to shield leaseholders from the unfair financial burden of addressing historical building safety issues.
For more detailed information, you can refer to the official government guidance on leaseholder protections and building safety costs (https://www.gov.uk/guidance/leaseholder-protections-on-building-safety-costs-in-england-frequently-asked-questions)
SBA
The SBA Programme is a Scottish government initiative developed in response to the Grenfell Tower tragedy. It aims to assess and improve the safety of high-rise residential buildings by evaluating fire risks associated with external wall systems and internal communal areas. The program is part of Scotland’s broader Cladding Remediation Programme.
The Single Building Assessment (SBA) and the Fire Risk Appraisal of External Walls (FRAEW) serve different but complementary purposes in assessing building safety, particularly in relation to fire risks.
Scope and Focus
- SBA (Single Building Assessment):
The SBA is a holistic, comprehensive assessment that examines all aspects of a building's fire safety, including both the external wall systems and the internal communal areas. It is designed to identify and mitigate risks to human life across the entire building. The SBA process is particularly associated with high-rise residential buildings in Scotland as part of the Cladding Remediation Programme. It not only assesses cladding but also other fire safety features like fire doors, compartmentation, and structural fire protection.
- FRAEW (Fire Risk Appraisal of External Walls):
FRAEW, on the other hand, specifically focuses on the fire risk associated with a building's external wall systems, including cladding and insulation. The purpose of FRAEW is to evaluate whether these external components could contribute to the spread of fire and to recommend appropriate remediation measures. It is guided by PAS 9980:2022 and is used primarily for multi-storey residential buildings.
Legislative Context
The SBA is part of a broader governmental effort to ensure building safety, particularly in Scotland, and is closely linked to the Building Safety Act 2022 and newly published Housing (Cladding Remediation) (Scotland) Bill. It often serves as a follow-up to or is conducted in conjunction with other safety assessments to ensure all potential fire risks, both internal and external, are identified and addressed.
FRAEW operates within the framework provided by PAS 9980:2022, a standard created to guide fire risk assessments of external wall systems in existing buildings. It is not a standalone legislative requirement but rather a best practice that can inform decisions regarding the building's compliance with fire safety standards.
Assessment Outcome
The SBA produces a comprehensive report that covers all aspects of the building's fire safety, which is used to determine the need for any remedial actions across the building. This report can influence decisions about the building's overall safety compliance, beyond just the external walls.
The outcome of an FRAEW is specifically concerned with the external wall system and whether it requires remediation to reduce fire risk. This assessment informs the building's Fire Risk Assessment (FRA) and is often used to determine whether the building meets the requirements for an EWS1 form.
Application
The SBA is applied to buildings as part of broader safety assessments, particularly in Scotland, and is often mandated by local authorities or government programs.
A FRAEW is typically requested by building owners or fire safety professionals to comply with fire safety regulations or to secure EWS1 certification for mortgage and insurance purposes.
In summary, the SBA provides a wider evaluation of a building's fire safety, while the FRAEW is focused specifically on assessing the fire risks associated with the external walls and cladding of a building. Both assessments play crucial roles in ensuring the safety of residential buildings, particularly in the context of fire risk.
Fire Engineering
A fire strategy is a comprehensive plan that outlines the fire safety measures and procedures required to protect a building and its occupants in the event of a fire. It encompasses both passive and active fire protection systems, ensuring that the building is designed, constructed, and managed in a way that minimizes the risk of fire and facilitates safe evacuation.
Fire strategies are detailed documents which cover a variety of subjects, but will encompass:
- Fire Prevention Measures
- These are actions and systems designed to reduce the likelihood of a fire starting. This includes managing ignition sources, controlling combustible materials, and ensuring proper maintenance of electrical systems.
- Fire Detection and Alarm Systems
- A fire strategy details the installation and maintenance of fire detection and alarm systems, which are essential for early warning and prompt evacuation.
- Compartmentation
- This refers to the division of a building into fire-resistant sections or compartments to contain fire and smoke, slowing their spread. This helps protect escape routes and buy time for evacuation and firefighting efforts.
- Means of Escape
- The strategy outlines the design and layout of escape routes, ensuring that they are clear, accessible, and lead to a place of safety. It also includes the capacity and location of exits, stairwells, and emergency lighting.
- Evacuation Procedures
- It includes detailed procedures for evacuating the building in an emergency, tailored to the specific needs of the building's occupants, such as provisions for people with disabilities.
- Firefighting Access
- The strategy specifies the provisions for access and facilities for the fire brigade, such as fire hydrants, water supplies, and firefighting lifts.
- Structural Fire Protection
- This includes the use of fire-resistant materials in the construction of the building, ensuring that the structure can withstand fire for a certain period, allowing for safe evacuation and firefighting operations.
- Fire Safety Management
- Ongoing management and maintenance practices are part of the fire strategy to ensure that all fire safety systems and procedures remain effective. This includes regular fire drills, staff training, and maintenance of fire safety equipment.
Legal and Regulatory Context
- In many countries, a fire strategy is required by law for certain types of buildings, especially those that are complex or have a large number of occupants. In the UK, for example, the Regulatory Reform (Fire Safety) Order 2005 mandates that a fire risk assessment be conducted, and appropriate fire safety measures be put in place. For more complex buildings, a documented fire strategy is often necessary to demonstrate compliance with these regulations.
Purpose
The primary purpose of a fire strategy is to ensure the safety of a building’s occupants and to protect property by minimizing the risk of fire and ensuring effective evacuation and firefighting measures. It is a crucial document for architects, building managers, and fire safety professionals, guiding the design, construction, and management of buildings.
In summary, a fire strategy is a detailed, site-specific plan that addresses all aspects of fire safety in a building, from prevention and detection to evacuation and firefighting. It is essential for ensuring that buildings comply with fire safety regulations and for protecting lives and property in the event of a fire.
Yes, a fire strategy is a legal requirement for certain types of buildings, particularly those that are complex or rely upon a performance-based design solution. In the UK, the Regulatory Reform (Fire Safety) Order 2005 mandates that a responsible person (such as the building owner or manager) must conduct a fire risk assessment and implement appropriate fire safety measures. For buildings that are complex or have multiple occupancies, a detailed fire strategy is often necessary to demonstrate compliance with fire safety regulations. This strategy must be documented and regularly reviewed to ensure it remains effective.
A fire strategy statement is a concise document that summarises the key elements of a building's fire strategy. It typically outlines the fire safety objectives, the methods used to achieve those objectives, and the specific fire safety features incorporated into the building's design, such as fire detection and alarm systems, means of escape, and firefighting equipment. The statement serves as a reference for building managers, fire safety professionals, and regulatory authorities, ensuring that all parties are aware of the fire safety measures in place and how they are intended to function in the event of a fire.
Regulation 38 of the Building Regulations 2010 in England and Wales requires that fire safety information be handed over to the "responsible person" when a building or extension is completed.
This regulation ensures that the fire strategy, including details of the fire safety design and features incorporated into the building, is provided to those responsible for the building's fire safety management.
The purpose of Regulation 38 is to ensure that the responsible person has all the necessary information to maintain the building's fire safety measures and can effectively manage the building in accordance with its fire strategy. This information typically includes fire risk assessments, plans showing fire safety features, and maintenance instructions for fire safety systems.
A retrospective fire strategy is a report that assesses the fire safety of an existing building. It can be used to:
- Ensure that building alterations do not impact the safety of occupants.
- Plan future building alterations.
- Understand how to operate the building.
- Understand maximum occupant numbers.
- Improve evacuation strategies.
- Protect property.
A retrospective fire strategy can be recommended when:
- The original fire strategy has been lost.
- Alterations have been made to the building over time.
The benefit of a retrospective fire strategy is that it provides clear documentation of a building's fire safety measures. This makes it easier to carry out fire safety reviews or fire risk assessments.
Building Safety Act
Here are answers to your questions about Gateway 1, Gateway 2, and the associated fire statements in the construction process:
A fire statement is required for planning applications in England when developing or providing relevant buildings or developing within the curtilage of a relevant building. This requirement became mandatory in August 2021.
A relevant building is one that:
- Contains two or more dwellings.
- Contains educational accommodation.
- Is 18 meters or more in height, or 7 storeys or higher.
The fire statement should include Fire safety design principles, Concepts, and Standards.
The fire statement must be submitted on the standard form on Gov.uk. If the fire statement is not submitted with the planning application, the application will be invalid.
A Gateway 1 fire statement is a document required under the UK's Building Safety Bill as part of the planning application process for high-rise residential buildings and other specified buildings. The fire statement is submitted at the planning stage (Gateway 1) and provides critical information on how fire safety has been considered in the building’s design. This includes details on:
- Fire safety features: The design of the building’s external walls, including cladding, and how these prevent fire spread.
- Means of escape: Plans for safe evacuation routes.
- Firefighting access: Provisions for fire service access, including firefighting lifts and water supplies.
The Gateway 1 fire statement ensures that fire safety is integrated into the building’s design from the outset, reducing the need for costly retrofits and improving overall safety.
Gateway 1 and Gateway 2 are stages in the UK's Building Safety Bill process, designed to ensure fire safety is embedded in the design and construction of high-risk buildings, particularly high-rise residential buildings.
Gateway 1
Occurs at the planning permission stage. It requires a fire statement that outlines how fire safety has been considered in the design of the building. This gateway ensures that fire safety is a priority from the earliest stages of the building's design process.
Gateway 2
Takes place before construction begins. At this stage, developers must submit detailed plans and specifications, including fire safety information, to the Building Safety Regulator. This includes information about the structure, fire safety systems, and materials to be used. Gateway 2 ensures that the construction phase adheres to the fire safety strategy outlined during the design phase and that all safety requirements are met before construction can proceed.
Gateway 2 is a critical checkpoint in the construction process, required before building work on high-rise residential buildings and other specified buildings can begin. At this stage:
- Developers must submit full building plans and other required documentation to the Building Safety Regulator, ensuring that the design complies with fire safety regulations.
- The regulator reviews these submissions to ensure that fire safety measures are adequate and that the building is designed to withstand and limit the spread of fire.
- No construction can commence until the regulator is satisfied that the plans meet all safety requirements.
Gateway 2 is crucial for verifying that the building’s design will result in a safe environment for future occupants, and it aligns with the government's focus on improving building safety in the wake of the Grenfell Tower disaster.
These gateways are part of a broader effort to enforce rigorous safety standards throughout the lifecycle of high-rise residential buildings, from design through to construction and occupancy.
Gateways 2 and 3 under the Building Safety Act came into force on 1st October 2023.
- Gateway 2 is the point before construction begins, where detailed plans must be submitted and approved by the Building Safety Regulator to ensure compliance with fire safety and building regulations.
- Gateway 3 occurs upon the completion of construction, where the final inspection and approval are required before the building can be occupied.
These gateways are designed to ensure rigorous oversight at critical stages of the construction process, particularly for high-risk buildings.
What is the building safety case?
A building safety case is a comprehensive document or set of documents that demonstrate how a building owner or manager is managing fire and structural safety risks within a high-risk building. It is required under the UK’s Building Safety Act 2022 and is part of a wider safety regime to ensure that residential buildings over 18 meters (or 7 storeys) are safe for occupants.
The safety case outlines the potential hazards in the building, assesses the risks, and demonstrates the measures in place to prevent incidents such as fires or structural failures. It must be presented to the Building Safety Regulator as part of the ongoing responsibility of building owners to ensure their buildings are safe.
The primary goal of a building safety case is to demonstrate to the regulator and occupants that all reasonable steps have been taken to manage fire and structural risks in a building. It is part of the new safety framework designed to protect residents from disasters like the Grenfell Tower fire by ensuring that buildings are continually assessed and maintained to high safety standards.
In summary, a building safety case is a document that helps ensure that safety risks are identified, managed, and controlled in high-risk residential buildings. It provides assurance to both the regulator and the building’s occupants that the building is safe.
A safety case is a detailed assessment that must cover the following elements:
- Identification of Hazards
The safety case must identify potential fire and structural hazards that could pose a risk to residents. This could include issues like combustible cladding, poor compartmentation, inadequate fire doors, or structural defects. - Risk Assessment
Once hazards are identified, the safety case must assess the level of risk each hazard poses to residents. This includes evaluating the likelihood of incidents occurring and the potential consequences for life safety. - Control Measures
The safety case must clearly describe the measures that have been implemented to mitigate or control the identified risks. This could include fire detection systems, sprinklers, evacuation plans, structural reinforcements, or cladding remediation work. - Fire Safety and Structural Plans
Detailed plans that show how the building has been designed and constructed to prevent fire spread or structural collapse. This includes architectural drawings, specifications of materials used, and the design of fire compartmentation and escape routes. - Inspection and Maintenance Regime
The document should outline how the building’s fire safety systems (like alarms and sprinklers) and structural elements are inspected and maintained to ensure continued compliance with safety regulations. - Records of Remedial Actions
Any historical issues that have been identified and addressed should be documented, including records of any remediation works such as replacing unsafe cladding or repairing structural issues. - Emergency Plans
The safety case should include up-to-date evacuation procedures and plans for dealing with emergencies, including provisions for vulnerable residents. - Competent Persons
The safety case must demonstrate that qualified professionals have been involved in assessing the building’s safety and managing risks. This includes fire engineers, structural engineers, and other relevant specialists.