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MHCLG forced to change rules on use of combustible materials after losing court case
The government has been forced to change its building regulations concerning the use of combustible materials after losing a court challenge brought by a trade body.
The British Blind and Shutter Association (BBSA) said the Ministry of Housing, Communities and Local Government (MHCLG) had failed to consult properly on the ban of combustible materials, which came into force last year.
The BBSA took the government to court earlier this year, arguing that civil servants hadn’t considered the use of products intended to reduce heat gain within a building, such as blinds, shutters and awnings, and including them in the ban was detrimental to its members.
It said there was no evidence that external shutters, blinds and awnings increased the risk of fire and including them in the ban was hitting companies producing the products.
It said the products actually had the potential to reduce fire risk by reflecting or absorbing solar radiation and help limit overheating.
The BBSA’s legal representative also pointed out that the scope of the ban was irrational because awnings which constitute advertising were not included, whereas awnings for the purpose of shading were.
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The court upheld the complaint, and ruled that one part of the regulations which meant “devices for reducing heat gain within a building by deflecting sunlight which is attached to an external wall” were included in the ban should be scrapped.
The decision does not affect the wider ban on combustible materials in or on the external walls of buildings.
A spokesperson for the BBSA said: “The BBSA made a number of approaches to government officials to try to discuss and resolve any concerns but these were rejected and this left the BBSA with no alternative but to apply for a judicial review.”
It added that it “fully supports product safety and regulations that are evidence based”.
“The BBSA will continue to work with government officials to ensure the benefits of solar shading are recognised and enjoyed by homeowners while maintaining safety,” it said.
Following the case, MHCLG wrote to the chief executives and heads of building control for all the country’s local authorities to clarify the changes. It said a review of the ban is also underway.
The letter said: “A future government will need to consider whether a further consultation is necessary to clarify the position for products used to reduce heat gain within buildings, alongside any other issues raised during the review.”
It said while this review is underway, building control professionals should adhere to the B4 requirement, which states: “The external walls of the building shall adequately resist the spread of fire over the walls and from one building to another, having regard to the height, use and position of the building.”
In August, Inside Housing reported that boiler manufacturers had raised fears that the government’s ban on combustible materials on the outside of high-rise buildings would prevent boilers from being replaced on those buildings.
MHCLG was then criticised by Labour shadow housing minister Sarah Jones for making up “policy on the hoof” after it encouraged councils to circumvent the ban on combustible materials in certain circumstances.
Inside Housing has contacted MHCLG for comment.
