Question to the Department for Levelling Up, Housing & Communities:

To ask the Secretary of State for Levelling Up, Housing and Communities, whether the rules on buildings above 18 metres tall and with potentially combustible cladding apply to those buildings originally under 18 metres tall, which are subsequently extended vertically to above 18 metres.

Details of the scope of the ban on combustible materials are provided in the circular letter which accompanied the amendments of the Building Regulations and associated amended guidance. The circular letter is available here:

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/924452/29112018_Circular_Letter.pdf.

In summary existing blocks of flats originally under 18m tall which are subsequently extended vertically to above 18m would be undergoing a material change of use defined in regulation 5(k). In these cases, Regulations 5(k) and 6(3) provide that the construction of the external walls, and specified attachments, must be investigated and, where necessary, work must be carried out to ensure they meet the requirements of the ban.

We have published the following circular letter dealing specifically with upward extensions and the application of the Building Regulations requirements in August 2020.

The circular letter is available here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/924449/Building_regs_circular_032020.pdf.