In December 2024, the Scottish Government published a consultation document in relation to a proposed consultation of Scotland's building and fire safety regulatory frameworks. Comments on the consultation have been invited from those operating in the industry.
In December 2024, the Scottish Government published a consultation document in relation to a proposed review of Scotland's building and fire safety regulatory frameworks. The consultation covers fire safety risks in traditional buildings used as hotels as well as other topics.
The consultation is presented following the recommendations made by an expert working group after the fatal accident inquiry ("FAI") into the fire at Cameron House Hotel in December 2017.
Comments on the consultation have been invited from those operating in the hotel, infrastructure and fire safety industries. The deadline for responses is 7 March 2025.
The consultation addresses four main areas.
- Mandating active fire suppression systems in conversions of traditional buildings to use as hotel accommodation.
- Hidden cavities and voids, workmanship age and variations from current standards.
- Amending the scope of application of mandatory standard 2.15 of The Building (Scotland) Regulations 2004 on Automatic Fire Suppression Systems.
- Extending the ban of combustible external wall cladding systems to new build hotels, boarding houses and hostels.
Mandating active fire suppression systems in conversions of traditional buildings to use as hotel accommodation
Recommendation 4 of the Fatal Accident Inquiry (FAI) into the deaths of two people following the fire at Cameron House Hotel in 2017, states:
"The Scottish Government should consider introducing for future conversions of historic buildings to be used as hotel accommodation a requirement to have active fire suppression systems installed."
Automatic fire suppression systems are mandated by Schedule 5, Section 2.15 of The Building (Scotland) Regulations 2004. Such a system is designed to control the intensity and size of a fire, suppress it and/or extinguish it, with its primary role being one of life safety.
"Historic building" is not a term defined in the legislation But traditional building (which can include those of special architectural or historic interest) is defined in the Technical Handbooks:
"a building or part of a building of a type constructed before or around 1919:
- using construction techniques that were commonly in use before 1919 and
- with permeable components, in a way that promotes the dissipation of moisture from the building fabric."
Given the specific issues that the FAI was required to consider, it is not surprising that the recommendations arising from the FAI had a clear focus on hotels. It is also noteworthy that it has been decided that Regulation 4 does not include reference to small hotels, bed and breakfast establishments and boarding houses.
Recommendation 4 is currently being considered as intended to apply to either:
- all instances of future traditional buildings converted to hotel use; or
- focused on those future conversions of traditional buildings to hotel use with complex and interlinked factors which present a high risk to occupants.
Two options have been identified (upon which respondents are asked to give their opinion):
- Option 1: Mandate active fire suppression for conversions of traditional buildings to hotel accommodation.
- Option 2: Set out a performance/risk-based approach to determine the case-specific need for suppression.
In both cases, it is proposed that the extent of the provision of fire suppression would be within the building being converted but not within additional new construction, such as an extension, where fire safety provisions would be as for new construction.
Hidden cavities and voids, workmanship age and variations from current standards
Recommendation 5 of the Cameron House FAI, was as follows:
"The Scottish Government should constitute an expert working group to more fully explore the special risks which existing hotels and similar premises may pose through the presence of hidden cavities or voids, varying standards of workmanship, age, and the variance from current standards and to consider revising the guidance provided by the Scottish Government and others."
Of particular significance, Building Standard 2.4 of The Building (Scotland) Regulations 2004 states:
"Every building must be designed and constructed in such a way that in the event of an outbreak of fire within the building, the spread of fire and smoke within cavities in its structure and fabric is inhibited."
The Standard is also accompanied by guidance set out in the Technical Handbook.
It is generally recognised that the conversion of older buildings to hotels brings with it particular challenges, including the practical application of Standard 2.4. One such example is a that historic buildings will have linked cavities or voids. Upon conversion of the building, the presence of interlinked voids may not be identified or well understood. The building as converted will, however, need to meet the requirements of this standard in so far as is reasonably practicable, and in no case be worse than before the conversion. The working group is keen to obtain greater clarity on the issue of "reasonably practicable".
The consultation therefore invites comment on a number of questions concerning Standard 2.4, the accompanying guidance in the Technical Handbook, and the implementation of proportionate mitigating measures.
Amending the scope of application of mandatory standard 2.15 of The Building (Scotland) Regulations 2004, on Automatic Fire Suppression Systems
As stated above, automatic fire suppression systems are mandated by Schedule 5, Section 2.15 of The Building (Scotland) Regulations 2004. That said, the Building Standards Division (BSD) has received a significant number of applications for relaxation or dispensation of the standard, for example, for low-rise and small-scale conversions and extensions to existing flatted developments.
Automatic Fire Suppression Systems should always be considered the preferred option. However, tension will often exist when historic buildings are under consideration – and that is whether the cost of installing such a system is so disproportionate to the cost of the building (conversion) work that the project is no longer viable. A recent Direction has been issued to local authorities which identifies specific circumstances where the provision of an automatic fire suppression system under standard 2.15 is dispensed with when extending a dwelling.
The consultation proposes to amend standard 2.15 and/or guidance to recognise the current Direction for low-risk extensions and conversions to flats, maisonettes and social housing dwellings, and the consultation invites comments on the issue.
Extending the ban of combustible external wall cladding systems to hotels, boarding houses and hostels
This section of the consultation discusses developments in England, and the extent to which Scotland should be more aligned with the position south of the border.
In both jurisdictions, there is a ban on combustible external wall cladding systems as it applies to "relevant buildings" of a certain height above the ground. However, although the English regulations (The Building etc. (Amendment) (England) Regulations 2022) amended the definition of "relevant building" to bring hotels, hostels and boarding houses within the scope of the ban (hotels over 18 metres; new hotels and existing hotels where building work or refurbishment takes place on external walls), in Scotland that ban excludes hotels, boarding houses and hostels (the Building (Scotland) Amendment Regulations 2022).
The Scottish Government is looking at the evidence that exists which might justify extending the ban on combustible external wall cladding systems to hotels, boarding houses and hostels.
Further research is being undertaken in 2025, but meantime the consultation invites comments on any evidence or contribution that would help inform a future policy decision.
Miscellaneous fire safety issues
Finally, the consultation groups together several miscellaneous fire safety issues. These include discussion on the use of lath and plaster wall coverings, low-level emergency lighting, the presence of fire-resistant material and external premises information plates.
Comments on the consultation have been invited from those operating in the industry via the Respondent Information Form, which should be sent to buildingstandards@gov.scot .
Alternatively, an online method of completion can accessed here.
The deadline for responses to the consultation is 7 March 2025.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
