Consultation outcome

Equality analysis for second staircases in residential buildings over 18 metres tall

Updated 2 September 2024

This document records the analysis undertaken by The Department for Levelling Up, Housing and Communities to fulfil the requirements of the Public Sector Equality Duty (PSED) as set out in section 149 of the Equality Act 2010. This requires the department to pay due regard to the need to:

• eliminate unlawful discrimination, harassment and victimisation and other conduct prohibited by the Act
• advance equality of opportunity between people who share a protected characteristic and those who do not
• foster good relations between people who share a protected characteristic and those who do not

The protected characteristics which should be considered are:

• age
• disability
• sex
• gender reassignment
• marriage or civil partnership
• pregnancy and maternity
• race
• religion or belief
• sexual orientation.

Please note that in relation to the protected characteristic of marriage and civil partnerships the department is required to have due regard only to the first point in the first paragraph above.

Section 1

1.1 Policy/service

Making provision for a second staircase only in new tall buildings that are 18m or more in height is one component of the Government’s building safety programme. A second staircase can offer residents an alternative route for evacuating a building in the event of a fire if an escape route is congested by other residents’ evacuation or its use is compromised due to the spread of smoke.

Building Regulations set the statutory performance standard for new building work; Part B deals with Fire Safety. Statutory guidance, called Approved Documents, set out how Building Regulations performance requirements might be met in common building situations. Building Regulations and supporting guidance (Approved Document B ‘Fire Safety’) do not currently prescribe a height threshold above which a second staircase should be provided in residential buildings.

The introduction of second staircases in buildings above 18m is a considered and gradual evolution of building standards which, when taken with the other measures that have been introduced, combine to ensure high levels of safety in all tall residential buildings. The 18m threshold aligns with the definition of higher risk buildings in the Building Safety Act 2022 and helps to synchronise standards across the UK by aligning to rules in Scotland.

Section 2

2.1 Summary of the evidence considered in demonstrating due regard to PSED

The addition of a second staircase will provide the emergency services an additional means of entry to all floors of the building as well as offering an additional egress route, thus reducing the risk of congestion between emergency responders entering a building and residents trying to reach a place of safety. In addition, a second staircase will provide an additional route or place of safety if one route becomes compromised due to smoke ingress and helps to remove the risk of a single point of failure. Overall, it is assessed that this policy will have a positive impact on people in all categories of protected characteristic.

During policy formation, the Building Safety Regulator provided advice to the Secretary of State proposing that a second staircase be accompanied by an evacuation lift to support equity of escape for people who are unable to easily exit the building using a staircase. This would further enhance the policy’s impact for people whose protected characteristics include age, disability and pregnancy/maternity.

The Department’s original consultation on second staircases did not propose or discuss evacuation lifts. The responses to the consultation cannot therefore be considered a comprehensive view on additional lift requirements. However, we have reviewed the Regulator’s advice and our policy position considers: (a) the significant enhancements in safety introduced since the Grenfell Tower fire which, in combination, make the likelihood of an incident requiring evacuation far less likely, (b) the ongoing development of relevant non-building regulation policies such as Personal Emergency Evacuation Plans (PEEPs) (c) the fact that the BSR’s research, whilst demonstrating the potential merits of evacuation lifts, suggested further work was necessary around behavioural responses and the operational implications of lift maintenance; as well as not fully considering the benefits that a second staircase offers for enhanced access for fire-fighters and not considering the interplay between evacuation lifts and PEEPs and the resultant improvement in outcomes for all groups. and (d) the outcome of the Economic Impact Analysis for this policy which indicates that an additional evacuation lift would add £1.3bn to the net present cost of the policy but noting that any associated additional benefits could not be accurately monetised.

It was therefore considered that including an accompanying evacuation lift as a minimum standard in statutory guidance was not proportionate at this time.

It was noted during policy development that the London Plan does call for evacuation lifts with every stair core and that this would be likely to continue. Given this position, and that some developers may voluntarily choose to include evacuation lifts, it was considered that providing generic information on evacuation lifts in statutory guidance would be helpful in aligning best practice in all jurisdictions.

Age

The Department does not consider this characteristic to be negatively impacted by making provision for a second staircase. Specific groups within this characteristic, under 15 and 65 years and over could be classed as vulnerable and may need more time or assistance when exiting a building in an emergency. Provision of a second staircases will enhance the overall access and egress capacity of a building during an emergency.

Disability

The Department does not consider this characteristic to be negatively impacted by the introduction of a second staircase. People in this characteristic could be classed as vulnerable and may need more time or assistance when exiting a building in an emergency. This group includes people in wheelchairs, who cannot use stairs and those who may be housebound, with very limited mobility and may not be able to leave the building without assistance from neighbours or first responders.

The addition of a second staircase will provide the emergency services an additional means of entry to all floors of the building as well as offering an additional egress route thus reducing the risk of congestion caused by emergency responders entering a building and residents trying to reach a place of safety. This improves egress for all, including those who require assisted egress. In addition, a second staircase will provide an additional escape route or place of safety if one route becomes filled with smoke and helps to remove the risk of a single point of failure.

Sex

The Department does not consider this characteristic to be negatively impacted by the introduction of a second staircase. Provision of a second staircases will enhance the overall access and egress capacity of a building during an emergency; this intervention will provide a benefit to these groups compared to the current arrangements.

Gender reassignment

The Department does not consider this characteristic to be negatively impacted by the introduction of a second staircase. Provision of a second staircases will enhance the overall access and egress capacity of a building during an emergency; this intervention will provide a benefit to these groups compared to the current arrangements.

Marriage or Civil Partnership

The Department does not consider this characteristic to be negatively impacted by the introduction of a second staircase. Provision of a second staircases may enhance the overall access and egress capacity of a building during an emergency; this intervention will provide a benefit to people in these categories compared to the current regime.

Pregnancy and Maternity

The Department does not consider this characteristic to be negatively impacted by the introduction of a second staircase. People in this characteristic can potentially need more time or assistance to exit a building in an emergency and may benefit from the additional stair capacity and alternative routes should an escape route be impassable due to the ingress of smoke. Provision of a second staircase will enhance the overall access and egress capacity of a building during an emergency.

Race

The Department does not consider this characteristic to be negatively impacted by the introduction of a second staircase. This characteristic will benefit directly from the additional safety features of installing a second staircase. Provision of a second staircases will enhance the overall access and egress capacity of a building during an emergency; this intervention will benefit provide a benefit to these groups compared to the current arrangements.

Religion or belief

The Department does not consider this characteristic to be negatively impacted by the introduction of a second staircase. This characteristic will benefit directly from the additional safety features of installing a second staircase. Provision of a second staircases will enhance the overall access and egress capacity of a building during an emergency; this intervention will benefit provide a benefit to these groups compared to the current arrangements.

Sexual orientation

The Department does not consider this characteristic to be negatively impacted by the introduction of a second staircase. This characteristic will benefit directly from the additional safety features of installing a second staircase. Provision of a second staircases will enhance the overall access and egress capacity of a building during an emergency; this intervention will benefit provide a benefit to these groups compared to the current arrangements.

2.2 Assess the impact

The Department does not believe that there will be any negative impact of the intervention based on sex, gender reassignment, marriage or civil partnership, pregnancy and maternity, race, religion or belief, or sexual orientation.

There will be positive benefits across all sectors of society as a second staircase will provide additional safer routes for residents to exit buildings and allow emergency services greater capacity for access to fight fires and attend to residents who are unable to independently evacuate the building.

With additional capacity to exit a building there is a reduced risk of congestion and therefore a reduced risk of other injuries, not directly associated with the fire, like slips and trips. This can be a bigger issue for people with reduced mobility and those who find the use of stairs challenging.

Vulnerable groups within the protected categories of age, disability and pregnancy and maternity will be better served with an additional route to exit a building in an emergency. Staircases will have sufficient distance and fire resisting separation between entry points. This will reduce the risk of smoke entering both staircases which could impact these vulnerable groups more severely than others.

2.3 Summary of the analysis

Providing access to a second stair does not disproportionately impact any particular group who share a protected characteristic compared to those that don’t share the characteristic. In other words, the staircase has benefits for all users. The benefits provide vulnerable groups within age, disability and pregnancy and maternity with improved safety options to avoid the effects of fire and other hazards when exiting a building.

There may be further benefits for people in age, disability and pregnancy/maternity groups from the provision of an additional evacuation lift but these have been set against the broader considerations of previous improvements in fire safety provision, relevant other non-building regulation policies, the scope and findings of the research available and the increased cost of evacuation lifts. Taken together, these factors suggested that including an accompanying evacuation lift as a minimum standard in statutory guidance was not proportionate at this time.

Section 3

3.1 Decision making

This analysis supports a decision to proceed as planned with the intervention as there is improved safety for all residents when the new standards are implemented with these new standards being more beneficial to people in vulnerable groups than the current regime.

3.2 Monitoring arrangements

The impact on equalities will be reviewed regularly following an analysis of relevant data and regular stakeholder communications.

3.3 Sign-off by the decision-maker

Name: Catherine Adams
Job Title: Director
Date: