RAAC - what should we do for our buildings?

The publicity has come, largely, as a result of the decision by the Department for Education to force the closure of a number of schools, nurseries and colleges at short notice because of the risks posed by RAAC on their site.

RAAC is a cheap, lightweight and strong concrete which is cast in planks and was widely used in the 1960s and 1970s. It was typically used in roof panels (especially in flat-roofed, high-rise buildings, such as schools, hospitals and courts), but also on walls and floors.

It is made from cement, lime, water and an aeration agent. It is porous in nature and, unlike traditional concrete, it does not contain any coarse aggregate. It has been reported to have been designed with a recommended lifespan of 30-40 years and is certainly less durable than traditional concrete, but this does not appear to have been widely known until recently.  

It has not been commonly used in the UK since the 1990s, but is still manufactured and installed world-wide and can be used safely, if properly designed, manufactured, installed and maintained.  However, inadequate support or reinforcement of RAAC and/or heat and water ingress over time can degrade the structural integrity of the material, causing it to sag or shear, creating a risk of building collapse.

Tens of thousands of these structural panels still exist in the UK, requiring urgent action.

When was it first identified as a concern?

Concerns were raised more than 20 years ago, and have continued since then.  The issue of RAAC in schools was first identified as a significant problem in 2018 following a roof collapse at a school in Kent.

This was followed by a 2019 report from the Standing Committee on Structural Safety which warned of the limited lifespan of RAAC (to a few decades) and identified the high risk of failure of RAAC panels installed in the 1950s, 60s and 70s, especially if it had not been adequately maintained.

Many owners and occupiers of premises will have conducted an audit following these to identify whether or not their buildings contain RAAC and to plan for its management. 

Why is it in the news now?

In March 2022 the DfE contacted the Heads of state-funded schools about RAAC. Many did not respond. In December, the DfE admitted that the chance of a school building collapsing was 'very likely'. A group was convened to address this.

By this summer, The Times reports that about 600 detailed surveys were underway, with a significant proportion (65 of the 195 completed) identifying RAAC. Planned closures for identified remedial works followed, but after two more buildings containing RAAC collapsed last month, the DfE ordered the short-notice closure of some schools last week and published guidance for responsible bodies and education settings with confirmed RAAC in their buildings last Thursday.

While a risk assessment approach is advocated, the DfE does not appear to support the use of any school buildings containing RAAC.  They do envisage that most schools with RAAC will be able to remain open and provide face to face education in some form, and supplement their emergency planning guidance with specific guidance for schools affected by this issue.

How do you identify whether or not your building contains RAAC?

RAAC was most widely used between 1960 and the mid-1990s and so buildings constructed or extended during this period are at higher risk of containing RAAC.  However, not all buildings constructed during this period contain RAAC.

You do not need to be an expert to identify whether or not RAAC is present, and an experienced surveyor or estates manager is likely to be able to identify RAAC.  The DfE has published guidance on the identification of RAAC, which may be helpful to all owners and occupiers whether or not in the education sector.

If you are in any doubt, the Institution of Structural Engineers has published a list of its members who have experience of the identification and inspection of RAAC and who may be available to carry out inspections.

What should you do if it does?

Until a properly considered health and safety risk assessment can be undertaken, we would recommend that employers arrange for the building to be vacated and access restricted, ensuring they are out of use, which mirrors the advice given by the DfE's guidance for responsible bodies and education settings with confirmed RAAC in their buildings.

Risk assessment will be required to assess the risks of the use of all or part of the building and the wider site.  Consideration should be given to occupiers, visitors and trespassers and to the owner/occupiers rights to demand an evacuation. It may be necessary to instruct a structural engineer to assess the risk of degradation and the suitability of any ongoing monitoring, remedial works or long-term protective measures which may be taken.  For example, it may be possible to take the load off the concrete by other measures to reduce the risk of collapse.

The media storm over the weekend means that it is an issue in the public consciousness. Many organisations are facing enquiries about their site and whether or not it contains any RAAC. We would therefore recommend effective communication with stakeholders, letting them know whether RAAC asssessment has been carried out and what steps have been taken to manage risk.

Is there any documentation which you should prepare in relation to RAAC?

Yes, schools should gather RAAC Information using Appendix B to DfE RAAC Identification Guidance criteria:

• Construction dates for different blocks/parts of school, alterations, extensions or interventions: ie, where RAAC panels may have been used, or an adaptation to RAAC panels within existing buildings eg from correspondence, drawn information (see below), LA planning or building control applications, aerial photos, historic maps.
• Drawn information: Including historic building plans, sections and elevations together with any detailed construction drawings, re-roofing works, confirmation of any works that may have been undertaken and the reasons why e.g., ponding or leaking.
• Record photographs: Photographs during construction, rebuilding works, alterations, repairs, and current condition etc.
• Specifications and/or reports: g. building specifications, condition, or investigation reports
• Building services systems and revisions: ie any adaptions that may have altered loading, required fixings into roof or floor systems, or altered internal environments within a space (humidity, temperature etc). eg PVs added to roof; conversion of upper floor to library/science lab; new kitchen.
• Asbestos register
• Evidence associated with any application for School Re-Building Programme

Is there an asbestos risk?

Before carrying out any RAAC investigations, schools should refer to their asbestos register.  Staff should take care not to disturb embedded asbestos materials and be mindful that asbestos is frequently found in hard-to-reach areas, e.g. behind ceiling tiles, around high level pipework, etc and to take care when accessing these areas.  Take photographs and make a record of any affected areas to help inform discussions about asbestos removal and update the asbestos register if appropriate.

The Control of Asbestos Regulations 2012 apply in regard to non-domestic premises.  A failure to comply is a criminal offence. In addition, those affected such as employees or others can take civil action in negligence against those duty holders made responsible under the regulations.

What are the risks if you do not take action now?

Employers have a duty under health and safety law to ensure, so far as is reasonably practicable, the safety of their workplace and other non-domestic premises and the health and safety of their employees and others (such as visitors and customers).  

This duty requires compliance with the Workplace Regulations and the Management Regulations which in turn set out obligations to conduct suitable and sufficient risk assessments to ensure a safe working environment.

Given the known risks posed by RAAC, the HSE expects employers to:

• identify RAAC in their premises;
• assess it, including seeking specialist advice where necessary, and develop management plans;
• act appropriately to ensure that buildings are safe.

Failing to act now runs the risk of an organisation or its senior managers/directing individuals being found in breach of health and safety law. This can give rise to enforcement action by the HSE (or relevant enforcement agency) which could result in significant fines (which are uninsured), publicity orders and reputational damage. This can be the case even in the absence of a serious incident or accident.

Will you be entitled to public funding to identify and address this issue?

The DfE's guidance for responsible bodies and education settings with confirmed RAAC in their buildings includes information on the funding available for state funded schools and confirms that the school's allocated DfE case worker will support the school in making certain applications for funding.

In summary:

• If you elect to use your own qualified structural engineer (and subject to approval of your proposal in respect of the same), they will fund your survey.
• DfE will provide funding for all mitigation works that are capital funded (including adding temporary units on the school site).
• Originally, the DfE wasn't proposing to meet revenue costs (such as transport to or rent payable on an alternative site) but has changed its position on this such that it all "reasonable" requests are expect to be approved. These should be discussed with the school's case worker and the ESFA in the first instance.

More generally, the availability of funding is not yet clear but we will update this guidance as more is known. Where the existence of RAAC is established, insurance providers (and the Risk Protection Arrangement (RPA) where relevant) should be notified.

Could you be liable for a claim related to RAAC?

Should a building collapse and cause a person harm, then the owner and/or occupier of the premises could be liable to pay compensation.  This applies equally to owner-occupiers, landlord and tenants. Any such claim and the costs of dealing with it may be covered by insurance. We would recommend that insurance policies are checked as to the notification requirements for RAAC and coverage for any claims.

It is also possible that disputes about access and/or liability for inspection and repair may arise.

How can we help?

We can help owners and occupiers of premises consider the impact of these developments and how to manage the risks associated with it.  That may involve advice on inspections and repairs, other investigation and appropriate decision-making. It may also involve consideration of communications with stakeholders, regulatory reporting, funding and where a building has failed, liaison with the HSE and liability for claims.

Should you have any queries relating to RAAC, please contact Philip Sheppard on 07384 256178 in the first instance.