A New Regime for Building Control?

Tracey Cull - Building Regulations and Standards, DCLG

CIC: 21 February 2012

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Context

Coalition priorities:

• Deregulate and streamline wherever possible

• Reduce burdens to business

• Smaller role for Government - Empower the individual

• Decentralisation, Localism and the “Big Society”

• Regulate only when essential after all other options rejected

• Regulation must be effective & deliver what it sets out to do

• One-In-One-Out on costs of regulation to business

• Reduce regulatory burden on housebuilding industry

• Micro-business Moratorium

• Red Tape Challenge

• Greenest Government ever – continuous improvement in energy efficiency of new housing

• Further improve compliance

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The review

Future of Building Regulations Review launched 2010

• Aim to see how the Regulations can be improved, added to, or slimmed down and deliver even better levels of compliance

• Over 200 responses (and 600+ for on Changing Places) but not a lot of unexpected issues or suggestions

• Also took onboard comments provided to Cut Red Tape Exercise and Your Freedom Website and other reviews eg FoBC, Penfold

• Worked closely with external partners to develop proposals

• Undertaken research to inform analysis of options

• Prepared supporting Impact Assessments to show cost effectiveness of options and consultation proposals

• Prepared consultation proposals in line with Government policies on deregulation, including OIOO, SR2010 and moratorium

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The consultation

Technical Changes Proposed

• Introduce Eurocodes (Part A)

• Amend guidance on lighting diffusers & wall linings (Part B)

• Update radon maps (Part C)

• Update AD K to include relevant parts of AD M & N

• Improved guidance on needs for access statements (Part M)

• Update AD 7 to take account of the EU Construction Products Regulations

• Part L – increase standards for new buildings - step to zero carbon

• Part L – better delivery of as-built performance through QA processes

• Part L – better performance standards for some aspects of existing buildings

• Part L – consequential improvements

• Part P – more non-notifiable building work & introduce specialist third party checks

NOT TAKING FORWARD:• Security, Changing Places, removal of Part D, H6 or E4

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The Building Control System

Role of Building Control System to help achieve compliance

Key drivers for changes are:• Reduce burdens• Improve compliance• Encourage industry to take greater responsibility for their actions• Level the playing field between building control bodies

• Improving Local Authority (LA) processes• Make issue of completion certificates mandatory & within a specified

time period where building work is completed & considered compliant• Amend wording on LA completion certificates & their equivalents• Reduce number of statutory notifications & introduce requirement for

“service plans” based on risk assessment• NOT taking forward proposals to restrict use of building notices

• Improving Approved Inspector (AI) arrangements• Amend AI Regulations to reduce burdens on both AIs and LAs• Remove Warranty Link Rule

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The Building Control System

Strengthening enforcement• Align & extend time limits for s35 & 36 & increase fine limit?• Introduce new civil enforcement sanctions under Regulatory &

Enforcement Sanctions Act 2008:• Stop Notices• Compliance & Restoration Notices• Penalties (fixed & variable)• Enforcement undertakings

• What sanctions for what breaches? What level of penalties?

Alternatives to supervision by Building Control?• Extend competent person self-certification schemes framework? • Introduce specialist third party certification schemes?

• What type of work? eg structural design? • Introduce option for developers to use Appointed Persons (APs) on

voluntary basis - complementary to supervision by building control?• What qualifications/experience & roles/responsibilities should

these have? On- site co-ordination?

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The Building Control System

Proposals NOT being taken forward at the current time• Scrap building regulations and BCS altogether• Compulsory insurance instead of BR & BCS• Compulsory insurance instead of BCS• Nationalise the BCS• Privatise the BCS• Privatise the BCS but leave LAs with enforcement role• Licensing of Building Control Officers• Compulsory builder/installer registration instead of BCS• Compulsory builder/installer registration as well as BCS• Whole building self-certification

Other Issues • Interface with Planning especially re sustainability, local standards work• Different models of service delivery – partnerships, outsourcing etc

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Responding to consultation & next steps

Consultation timetable• Consultation closes 27 April• Part L consequential improvements / Green Deal aspect by 27 March

To respond• Consultation documents, impact assessments, research and response

forms on DCLG website (Future of Building Regulations page): http://www.communities.gov.uk/planningandbuilding/buildingregulations/buildingregulationschanges/

• Email responses – preferably on standard form – to: building.regulations@communities.gsi.gov.uk

We plan to respond with the following:• Domestic consequential improvements – October 2012• Deregulatory and some other measures - April 2013• Non-domestic consequential improvements and other measures – 2014• Timings and transitional arrangements are discussed in the consultation

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Thank you!