Scottish government plans to tighten building safety rules and fund building assessments following final Grenfell report

The Scottish government has published its response (93-page PDF/966KB) to the Grenfell Tower Inquiry Phase 2 Report. The response sets out the key components of the Scottish government’s plans to strengthen building and fire safety standards and improve compliance and enforcement.

One of the main focus areas is professional competence. The Scottish government has recognised the need to ensure the competence of those responsible for the design and specification of buildings in the delivery of safe buildings. The role of the fire engineer was one of several professions highlighted in the report. The Scottish government will work with the UK government on the professionalisation of fire engineers, including developing a more robust UK assurance regime for fire engineers and increasing the number of places on high-quality degree courses in fire engineering. 

Several recommendations from the Grenfell Tower Inquiry Phase 2 report relate to the competency of fire risk assessors. The Scottish government has proposed adopting a system of mandatory accreditation to certify the competence of fire risk assessors by setting standards for qualification and continuing professional development. Currently in Scotland, and across the UK, there is no legal requirement for an assessor to hold any formal certification, accreditation or experience in fire risk assessment when assessing many types of premises. Building safety expert Katherine Metcalfe of Pinsent Masons said: “Independent accreditation of fire risk assessors is a really important step in ensuring that the right fire safety management arrangements are in place for buildings in Scotland. The Grenfell Tower inquiry is not the first time such a recommendation has been made in Scotland, and it is really encouraging that the Scottish government will now take action.”

The proposal ties in with the government’s plan to introduce a new mandatory requirement to conduct fire risk assessment in certain high and medium rise buildings. This new requirement is set to reduce the risk of fire while promoting the long-term integrity of the system for cladding remediation in Scotland. The government will first consult on the proposed legislation.

The Scottish government has also committed to working with the UK government on the development of a UK national licensing scheme for principal contractors, which could be of equal value in Scotland. This addresses the concern underscored in the Grenfell Tower inquiry in relation to the ability of principal contractors to take all reasonable care to ensure the building is safe as required by the building regulations.

In addition, the Scottish government has asked the Scottish Law Commission to undertake a project on compulsory owners’ associations. The project involves exploring legal options for the establishment, formation and operation of compulsory owners’ associations and the rights and responsibilities to be imposed on them.

This recommendation stems from the Phase 1 report of the Grenfell Tower inquiry, which raised concerns over the lack of evacuation plans for residents who were children, had disabilities, or were vulnerable in other ways. The inquiry recommended that the owner and manager of every high-rise residential building be required by law to prepare personal emergency plans for residents whose ability to evacuate the building without assistance may be compromised, such as persons with reduced mobility or impaired cognition.

The Scottish Law Commission is expected to publish its recommendations in Spring 2026 for consideration by ministers. Following the Law Commission's recommendations, the Scottish government will consider whether compulsory owners’ associations may be a route to ensure that those who are unable to self-evacuate have a person-centred risk assessment in place.

The Scottish government’s response has also acknowledged that the regulation of construction products falls under reserved matters, confirming that the UK government’s revised assurance regime for construction products will also be implemented in Scotland.

In parallel with the response to the Grenfell inquiry report, the Scottish government also published its plan of action for cladding remediation. The plan includes an open call for residential property owners to notify details of concerns regarding cladding and apply for public funding for a statutory Single Building Assessment (SBA). The open call will be extended to mitigation and remediation works from June 2025. This will allow the owners of buildings, identified by an SBA to have cladding issues, to apply for government funding for the required works to address these issues. The plan includes references to developers funding work for which they have accepted responsibility. It also envisages that local authorities and registered social landlords (RSLs) will fund works, except where they are not in a financial position to do so.

At the same time, the Scottish government announced its progress on finalising the ‘Developer Remediation Contract’, which will enable developers to accelerate progress with remediation work on properties for which they have accepted responsibility for cladding issues. According to the government, following intensive negotiations since the sharing of draft terms in September 2024, significant progress has been made in agreeing key terms in principle. It is working towards final agreement “as soon as is practicable”.