The recent Scottish Government Response to the Grenfell Tower Inquiry Phase 2 Report recognises the importance of this tragic event as a catalyst for profound change in enhancing resident safety.

The introduction of a number of reforms, immediately following the Grenfell disaster in 2017, have now been augmented by the Scottish Government’s acceptance of all 58 inquiry recommendations, as far as they apply in Scotland under devolved competence, with increased UK collaboration on associated reserved matters. 

The potential establishment of a dedicated Construction Regulator in Scotland marks a significant step in enhancing building safety oversight. However, the scope of the regulator’s powers would be confined to devolved matters, with many construction responsibilities, especially around product testing and certification, remaining under the jurisdiction of the UK Government. However, in its response, the Scottish Government has made clear its focus on ensuring that the products used in construction are rigorously tested, certified, and compliant with safety standards.

A central aim for a new regulator is to address those long-standing issues related to construction product certifications, which were highlighted by the Grenfell Tower fire. In particular, the reliability of product testing and the integrity of certifications are key concerns that need to be addressed to restore public confidence in building safety. The Scottish Government’s approach is both preventative and seeks to ensure any product used in the construction of high-risk buildings is fully compliant and fit for purpose.

The Building Standards Futures Board is already working on defining high-risk buildings and developing a comprehensive Compliance Plan Approach. This plan is a risk-based approach to potential consequences of failure, rather than defined by rigid classifications, such as the height of buildings – a mindful compliance approach as defined by Dame Judith Hackitt.

The Compliance Plan, including the role of a new compliance plan manager, is expected to strengthen oversight of regulations, document design decisions, and facilitate communication among all parties involved in construction projects. The full implementation of this approach is planned for 2026.

Scotland has added its weight behind proposals for a licensing scheme for principal contractors involved in higher-risk buildings. The Scottish Government sees alignment with the UK on creating this licensing system, with a review and potential expansion of certification schemes, especially in life safety-critical areas, as part of its ongoing work with industry leaders and professional bodies.

There will be broad support around the further exploration of fire safety strategies for high-risk buildings at building warrant stage, and then for review at completion, taking account of the escape needs of vulnerable people. With no equivalent to the Responsible Person (RP) in Scotland, the response document looks to the Compliance Plan Approach and partnership with the British Standards Institution (BSI) for assistance in developing a robust approach. A Call for Evidence will assess options to require and assess safety critical information on high-risk buildings.

In Spring 2026, the Scottish Law Commission is due to publish recommendations on whether the owner and manager of every high-rise residential building be required by law to prepare personal emergency plans for residents who need assistance to evacuate a building. The Scottish Government will then decide whether owners have a statutory duty to have a person-centred risk assessment in place for individuals with reduced mobility or impaired cognition.

Responding to the UK Government’s decision to transfer fire safety oversight from the Home Office to the Ministry of Housing, Communities and Local Government (MHCLG), the Scottish Government will reset the Ministerial Working Group on Building and Fire Safety, which currently oversees relevant cross cutting work, to take on additional responsibilities and scope to enable effective coordination and collaboration across policy areas. As part of this process, there will be further work to explore options for the role of and the functions of a chief construction adviser in Scotland.

Finally, the Scottish Government will be reviewing the effectiveness of the pre-emptive building standards system. Strengthening enforcement powers for local authorities to take action on illegal work and increasing penalties for offences to create a more stringent regime of sanctions to deter non-compliant building work. The ability for a local authority to immediately stop work on site, fine or impose a custodial sentence when this is deemed in the public interest, will strengthen the pre-emptive building warrant process.