Ms Sarah Neary:

I thank the committee for the invitation to attend today’s meeting and for providing us with the opportunity to update members on the Department’s review of Part B of the building regulations dealing with fire safety. I am the principal adviser of the building standards advisory unit. I am accompanied by my colleagues from the Department, Mr. John Wickham, senior adviser, building standards, and Mr. Eoin O’Dowd, adviser, building standards.

Following the completion of a comprehensive review of Part B of the building regulations, the Minister for Housing, Local Government and Heritage signed the Building Regulations (Part B Amendment) Regulations 2024 on 26 March 2024. These regulations amend Part B of the second Schedule to the Building Regulations 1997 to update fire safety requirements for buildings other than dwelling houses and apply from 1 May 2025, subject to the transitional arrangements cited.

The comprehensive review undertaken by the Department took into account a range of issues, including common and emerging building trends; developments and events from a global perspective; matters relating to external fire spread, external fire resistance, internal fire resistance, cladding systems and sprinklers; and the review into the tragic Grenfell Tower fire. In carrying out the review, specific regard was given to the holistic requirements of the building regulations in Ireland; the framework of administration set out under the building control regulations, fire safety, the planning system and health and safety laws; policy documents outlining national strategy and objectives; and Irish policy and practice in respect of evacuating buildings in addition to international fire safety requirements.

The building regulations, including Part B, are expressed in broad performance terms and do not set limitations on the use of materials. For example, the building regulations do not prohibit the use of timber products in construction at any height providing compliance with the performance requirements can be met and demonstrated. Guidance on compliance with the various parts of the building regulations for non-complex, common buildings is given in a suite of technical guidance documents. To accompany the recent Part B regulations, Technical Guidance Document B 2024 - Fire Safety - Volume 1: Buildings other than Dwelling Houses, along with a final regulatory impact analysis, was published on the Department’s website.

As part of the review process, the Department established a consultative committee to examine the proposed changes to the previous Technical Guidance Document B. It then undertook a public consultation between January and April 2023 seeking comments on a draft version of the building regulations, Technical Guidance Document B and the regulatory impact analysis. Submissions were received from 163 respondents containing over 4,100 individual comments.

It is expected that the changes made to Technical Guidance Document B 2024 will enhance the clarity of provisions relating to the fire safety design of buildings in Ireland. The changes consolidate existing provisions into one seamless document, applying a single common technical language in respect of fire safety and thereby improving understanding and compliance. Of particular note in TGD B 2024 are the following: a range of design options are introduced to enhance flexibility while maintaining minimum standards with respect to fire safety in the built environment; provisions relating to facades are strengthened to inhibit the spread of fire on the face of a building; minimum standards of fire safety in buildings are strengthened for the most vulnerable in society, that is, the elderly, those who sleep in buildings and also those in buildings with a non-sleeping risk but with very fast fire growth rates; a specific section has been created in the TGD to support the reuse of existing buildings by simplifying, clarifying and rationalising fire safety requirements for such buildings; and another specific section has been created for sprinklers to enhance and support the objectives of fire safety for people in and around buildings.

The provisions of technical guidance documents are primarily intended for common, non-complex buildings. Adherence to the approach outlined in a TGD is regarded as prima facie evidence of compliance with the requirements of the relevant part of the building regulations. The adoption of approaches other than those outlined in the TGDs is not precluded, provided the relevant requirements of the building regulations are complied with. Those involved in the design and construction of a building may be required by the relevant building control authority to provide such evidence as is necessary to establish that the requirements of the regulations are complied with.

To provide clarity on the relevant provisions of the building regulations and a pathway for alternative approaches to demonstrate compliance with the second Schedule to the building regulations, the Department has published an information note on alternative approaches to demonstrate compliance with the building regulations. This information note contains a specific appendix in regard to alternative approaches to compliance with Part B (Fire Safety).

The building regulations are subject to ongoing review in the interests of safety and the well-being of persons in the built environment, and to ensure that due regard is taken of changes in construction techniques, technological progress and innovation. The Department takes an evidence-based approach to inform technical advancement of the building regulations and TGDs. In this context, a steering group on fire safety research has been established to explore certain issues further and to work in collaboration with fire authorities to develop appropriate solutions.

To conclude, I again thank the committee for inviting the Department here today. My colleagues and I look forward to engaging with members on the issue and are happy to answer any questions.