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The Government first consulted on plans to require second staircases in taller buildings back in December 2022. The response to the consultation has not been issued, and the technical guidance around second staircases has not been published. Nevertheless, planning authorities are reluctant to sign off tall buildings without a second staircase, particularly in London where the GLA requires it. We are aware of a large number of housing schemes held up by the issue, or having to be redesigned to incorporate a second staircase and flagged the sector’s concerns in a letter to the Secretary of State in August.

This week, Secretary of State, Michale Gove has announced plans for the transitional arrangements. We welcome the acknowledgement of the need for a clear transitional period while the sector adopts the new guidance (once it has been issued). We also welcome the clarity and reassurance to the wider sector that buildings with a single staircase are not inherently unsafe. A wide variety of measures keep buildings and people in them safe and a narrow focus on the second staircase issue fails to recognise this.

However, we are still waiting for the technical guidance on second staircases, and this is causing problems. Architects and housebuilders cannot design buildings that will conform with guidance that they’ve not seen. Should a second staircase come with a full second core? How far away must it be from the other staircase? Are both staircases intended for residents to escape in the event of a fire (and if not, how will they know which one to use)? These are critical issues that matter for the way in which a building is designed.

The Government needs to work closely with the GLA to ensure that the transitional arrangements are consistent. In London particularly, our members find that planning permission is not being granted for tall buildings without a second staircase, even though the technical guidance on how the second staircase should be constructed has not yet been issued.

The second staircase issue is not just holding up private housebuilders – a large number of local authorities and housing associations have seen their affordable homes programmes delayed and made more expensive.

It appears from the statement that once the new rules are issued, there will come into play a fixed 18 month period for projects gaining buildings approval under the existing rules to start on site. This is less than the current 36 months under 1984 Building Act. Housebuilders are likely to respond by delaying in submitting applications for approval until they are in a position where they’re confident of starting work within 18 months. We’ll need to see the details of the rules to be sure if this reading is correct, and the government is indeed imposing a shorter than normal period between initial approval and starting on site (as opposed to setting a final deadline for any projects approved under the existing rules to start on site of 48 months from release of the new guidance). If they do, this could pose difficulties for projects approved under existing rules very soon after the new guidance is released.

For press enquires please contact Anna Clarke (07442 405513)

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