This article was downloaded by: [York University Libraries]On: 29 May 2015, At: 08:23Publisher: RoutledgeInforma Ltd Registered in England and Wales Registered Number: 1072954 Registered office: Mortimer House, 37-41Mortimer Street, London W1T 3JH, UK

Building Research and PracticePublication details, including instructions for authors and subscription information:http://www.tandfonline.com/loi/rbri18

Building regulationsthe international sceneGeorge A. AtkinsonPublished online: 15 Apr 2008.

To cite this article: George A. Atkinson (1973) Building regulationsthe international scene, Building Research and Practice, 1:5, 278-284,DOI: 10.1080/09613217308550258

To link to this article: http://dx.doi.org/10.1080/09613217308550258

PLEASE SCROLL DOWN FOR ARTICLE

Taylor & Francis makes every effort to ensure the accuracy of all the information (the Content) contained in thepublications on our platform. However, Taylor & Francis, our agents, and our licensors make no representations orwarranties whatsoever as to the accuracy, completeness, or suitability for any purpose of the Content. Any opinions andviews expressed in this publication are the opinions and views of the authors, and are not the views of or endorsed byTaylor & Francis. The accuracy of the Content should not be relied upon and should be independently verified with primarysources of information. Taylor and Francis shall not be liable for any losses, actions, claims, proceedings, demands, costs,expenses, damages, and other liabilities whatsoever or howsoever caused arising directly or indirectly in connection with, inrelation to or arising out of the use of the Content.

This article may be used for research, teaching, and private study purposes. Any substantial or systematic reproduction,redistribution, reselling, loan, sub-licensing, systematic supply, or distribution in any form to anyone is expressly forbidden.Terms & Conditions of access and use can be found at http://www.tandfonline.com/page/terms-and-conditions

Building regulationsthe international scene

by George A. Atkinson UDC 69.009.182(047.1)Building regulations vary internationally in their objectives and in the responsibilitiesthey place upon designers and contractors, but they generally depend upon nationalor international codes and standards for their technical requirements. The systemsoperated in a number of European countries are discussed in this paper in terms of theinternal environment of buildings and general considerations of public safety andhealth. The author refers to the influence of the relevant CIB Working Commissions inestablishing internationally agreed standards for the internal environment of buildingsand performance concepts.

'Buildings are to be designed, constructed, altered andmaintained in such a way that public safety and order,particularly life and health, are not endangered. Theyare to be correctly executed, must not disturb thegeneral appearance of their surroundings, and mustbe usable for their purpose without causing nuisance.The generally accepted rules of building are to beobserved . . . ' (ref 1).This translation is of an extract from the modelfollowed, with minor modifications, in the buildingordinances of each of the West German Lander(states). It reflects some of the objectives behindbuilding regulation. The extension of these objectivesfrom fire protection (as early London Building Acts)and sanitation (as the dominant objective of theformer model byelaws under the English PublicHealth Acts) to setting more general environmentalrequirements is the subject of this paper.The paper is based largely on experience drawn fromUK and selected countries in continental Europe,(refs 2 and 3). It is not a comprehensive guide tolegislation. Rather it demonstrates that regulationsystems can have somewhat different objectives:labour welfare and protection, conservation ofresources, safeguarding public - and private orconsumer-investment, as well as safety, health andavoidance of nuisance. It looks at the systems fromthe standpoint of the influences on the design of theman-made environment in buildings.

The organisation of control systemsFigs 1-6 illustrate typical forms of organisation ofbuilding control systems. The figures list the authority

Architect George Atkinson,who is head of the DesignDivision at the UK BuildingResearch Establishment, hasmade a particular study ofthe different building con-trol systems operating inEurope and Scandinavia.

278

or kind of organisation haying a particular responsi-bility and its level, the way or ways in which require-ments are stated, and the procedures involved. Thefigures, even in simplified form, illustrate the com-plexity of building control systems. There are anumber of matters for comment.The first is that while in all countries public safety andhealth are a major concern they are dealt with morecomprehensively and extend further into matters ofcomfort and convenience in some countries, egGermany, Scandinavia and Scotland, than in othercountries.The second is that fire safety, in part because itdepends on the way a building is used as well as howit is designed and constructed, tends to be the concernof fire as well as building regulation authorities; it ismuch the same with requirements relating to placesof employment, where labour protection authorities,like the UK factory inspectorate, have an interest inthe use as well as the design and construction ofbuildings.A third point is that, while regulations may implicitlybe concerned with conservation of resources andcontrol of pollution, these matters are rarely explicitand may, like the English Thermal Insulation (In-dustrial Buildings) Act 1957, deal only with someaspects of a problem.A fourth point is that either directly through buildingregulations, or separately through technical in-structions and guidance related to financing, standardsof quality of some categories of building - for example,housing, schools, hospitals - are controlled either tosafeguard public investment or, as for example in theUK National Housebuilders Registration Council'sscheme, to protect homeowners. The ten year liabilityof builder and architect for major structural defectsenshrined in the civil codes of Belgium and Francehas a similar objective, (ref 2).But there are other features which are noteworthy,(ref 3).1 The hierarchy:

(i) general enabling law,(ii) regulations or orders giving a broad framework

of requirements, and

Building Research and Practice Sept/Oct 1973

Dow

nloa

ded

by [Y

ork U

nivers

ity L

ibrari

es] a

t 08:2

3 29 M

ay 20

15

(iii) technical guidance documents such as standardsor codes of practice - in continental terms'norms' - for detailed specification of recog-nised test procedures, design practices, etc.

2 Procedures for approval of new products andtechniques on a national basis, usually associatedwith quality control schemes operated either byindustry or an independent body on which publicauthorities, consultants and industry are re-presented.

3 A trend towards the specification of requirementsin functional or performance standards, backed bydeemed-to-satisfy examples, guidance documentsand procedures for testing and approval of pro-posals.

Performance-based regulationsIt is the trend towards performance-based regulationswhich is the concern of this paper. The World HealthOrganisation issued in 1961 a report by an ExpertCommittee on the Public Health Aspects of Housing,(ref 4), which attempted to define 'a healthy residentialenvironment'. It discussed design requirements interms of space, services and facilities, also environ-mental factors - basic thermal requirements, pro-tection from excessive noise, dampness, ventilation,illumination - and protection against natural andman-made hazards. The report identified twofundamental types of legal control. The first is basiclaw, general and enabling in nature, which shouldestablish the level of performance to be obtained. Thesecond is regulation, more detailed and more specific.It recommended that the legislation should be of'performance type'.The concept of performance-based building regu-lations is not new. Since the 1930s the UK BuildingResearch Establishment has been helping the Englishand Scottish authorities to express regulation require-ments on a performance basis. The Guest Committeereport on building legislation in Scotland (1954), (ref 5),reviewed the advantages of the performance approach.Current English and Scottish regulations are per-formance-based in part, as also are an increasingnumber of the continental regulations. Examplescan be drawn from other countries eg the currentSwedish regulations, (ref 6), in which a particularrequirement will be set out in the form of a 'functional'specification which states requirements in generalterms with guidance on assessment of their satis-faction (fig 6), or in the form of a 'performancestandard' giving values, for example that the heat lossthrough a part of the building fabric must not exceeda stated value in W/m2C. Usually the statements areaccompanied by guidance information assisting

Fig 1. Form of building control in ScandinaviaI Basic law Building laws Parliament

Other laws affectingbuilding

II National regu- National building Centrallations regulations Authority

General approval fornew products andtechniques

III Building per- Byelaws dealing with Localmits* local matters of pro- Authority

ceduresQuality control certi-ficates

*Fees borne by building owner

authorities and designers to' judge whether or not aform of construction satisfies the requirement.

Thermal requirementsTo understand the problems of performance-basedregulations it is useful to take as a case study thespecification of thermal requirements. What aspectsof the thermal environment in buildings are appro-priate for regulation to safeguard the health andsafety of occupants ? If their health is to be protected,indoor temperatures must not fall below a minimumor rise above a maximum. Rooms must be sufficientlywell ventilated to avoid an excessive build up ofnoxious and toxic gases, water vapour and possiblyodours. The equipment used to provide an acceptableenvironment must be safe and continue to functionsatisfactorily. The condensation of water vapour

Fig 2 Form of building control in the NetherlandsI Basic housing Other laws affecting Parliament

law buildingII Model byelaws General approvals for Association of

new products and Netherlandstechniques (KOMO) Municipalities

(VNG)III Building per- Byelaws based on Local

mits* model and other bye- Authoritylaws relating to localmatters

*Fees borne by building ownerNOTE :KOMO is a testing and approval 'authority associatedwith the Association of Netherland Municipalities.

Building Research and Practice Sept/Oct 1973 279

Dow

nloa

ded

by [Y

ork U

nivers

ity L

ibrari

es] a

t 08:2

3 29 M

ay 20

15

BUILDjNG REGULATIONS/coniinued

Fig 3 Form of building control in West Germany (FDR)I Building law Other Federal and Land

(Ordinance) Land Legislation GovernmentII Legal orders DIN (Technical stan- Land Building

dards) MinistryGeneral Approvals (DNA IBT)

IH*Building permit Checks by official con- Land Buildingsultants and tests by Officialsofficials labs

*Fees borne by building ownerNOTE :DNA is the German national and standards organisationissuing DIN, German 'industry norms'. IBT is theInstitute of Building Technology which co-ordinates workon 'General Approvals' at the Federal level.

Fig 4 Form of building control in SwitzerlandI Building Law Federal and other Canton

Canton laws affecting Governmentbuilding

I I Building Ordi-nance(Where made)

Municipality

HI*Building Permit Tests by Federal Local Authori-Materials Testing ty, ie Munici-Laboratory pality

IV Legal Code SIA and other norms Courts of Law('Rules of Building')

*Fees borne by building owner

Fig 5 Form of building control in FranceI Civil Code Subsidiary regulations Constitution

and case law of FrenchRepublic

II Insurance Standard policies Technical'Market' DTU (Unified Codes) ControlRequirements Registration of archi- Offices

tects and contractors.Agrement

III Town Planning Other laws affectingbuildingLegislation

IV Building Permit

Ministry ofHousing andPhysicalDevelopmentmainlyLocalAuthority(Mairie)

NOTE:DTU are a series of agreed documents issued through theFrench CSTB (Centre for Building Research and Techno-logy) on behalf of the professions and industry.

280;

within the building should not be of such a characteras to cause permanent damage to finishings, finishesetc. through mould attack, or to affect seriously thethermal behaviour and durability of the building fabric.With difficulty, and possibly additional research,these requirements could be specified quantitatively,but this is not enough. There are four factors whichtogether affect the thermal performance of a building:the external environment, which includes that of thenoise environment as well as the meteorologicalclimate; the ways in which a building is occupied andmanaged; the design and construction of the buildingfabric; and the installations for heating, ventilation,cooling and lighting. For a usable regulation system,a few general classes of meteorological and noiseclimate and of occupancy have to be fixed; alsostandard rules for calculating heat losses through thebuilding fabric and by ventilation, and standardiseddata on thermal properties of building materials andcomponents. Standard rules for determining theoutput of various forms of heating and other serviceinstallations will be needed, a major difficulty beingto decide on how the installation will be used.In England and Wales, the current building regulationsonly specify very simple standards for thermal in-sulation for parts of the fabric in residential buildings;in Scotland the requirements are more comprehensive.(In both countries there are further requirements forpublic authority housing.) Other countries, particu-larly Austria, Canada, Germany and Sweden, whichhave colder winters than Great Britain, have developedmore comprehensive requirements for controlling thethermal environment in buildings. A fuller review ofthese requirements is given in BRS Current Paper33/70, (ref 7). For example in West Germany, thebuilding ordinances require that 'thermal insulationsuitable for the climate conditions should be pro-vided'. DIN 4108 (1969): Thermal insulation inbuildings, outlines the principles of insulation, stressesits significance from the standpoints of health ofoccupants, fuel economy and lowering capital costsand gives detailed requirements. Three grades of'insulation zone' are shown on a map of W. Germanytaking into account both meteorological data andregional differences in building methods. Storageheaters or constant central heating is required inlightweight buildings (

Sound insulation and acoustic require-mentsLouder noise levels, more sources of nuisance, modernconstruction using lightweight building techniques,and increased concern with amenity are reflected inrequirements for sound insulation and noise controlin many nations' building regulations and codes.Though differing in the standards of sound reductionspecified and in the methods of regulating and assess-ing acoustic performance, these regulations and codesaffect significantly the design of buildings, andparticularly of housing, and the selection or specifica-tion of building materials and service installations.There are problems in the performance-basedregulation of sound insulation and particularly in itsenforcement. Research is in progress to determinehow effective are the present systems of control inEngland and Wales and in Scotland, and to provideimproved procedures for the design of lightweightconstructions which meet sound insulation require-ments.In continental Europe, where at least in the largertowns most dwellings are in blocks of flats, there is along tradition of codification of sound insulation inbuildings. Tn W. Germany, for example, the firststandard was published in 1938. The present standardDIN 4109 (1962): Sound insulation in buildings, is infive parts: general information, requirements, examplesmeeting requirements, floating finishes for heavyfloors, explanatory memorandum. The standard issupplemented by standards dealing with test pro-cedures DIN 52 210 and 52 12.The Scandinavian regulations are also comprenensive.For example in Sweden, noise in buildings is con-trolled through national building regulations, SvenskByggnorm 1967, (ref 6,) in which a chapter is devotedto sound insulation and there are further require-ments relating to the acoustics or sound insulation ofparticular building types in the relevant sections, forexample reverberation times of classrooms andgymnasia. The regulations require that a buildingshould be designed and constructed so that the noisein occupied rooms is controlled 'to the utmost extent'.Sound insulation standards are set, not only for partywalls and floors, but between common staircases andhallways in blocks of flats, where there is a require-ment for control over reverberation time to reducenoise levels as well as for a standard for soundinsulation (30 dB) for entrance doors to individual

dwellings. There is also a requirement for soundinsulation between bedrooms and corridors in hotels.A supplement to the regulations gives details of'deemed-to-satisfy' constructions for walls and floors.The central Swedish building regulations authority,

Statens Planverk, which is also responsible for townplanning in Sweden, has issued guidance notes oncontrol of traffic noise.

Technical back-up to regulationsWhatever the objectives and form of a system,technical support is needed. In many countries it isprovided by national codes and standards, or 'norms',which:1 Define parameters generally agreed as being

suitable for specifying different environmentalfeatures;

2 Give guidance on selection of levels, or values, ofrequisite performance;

3 Set out procedures for design, assessment and test;and

4 Provide standardised data for computation, etc.A task of building research is to make more explicit,and reinforce, professional experience to gain a betterunderstanding of principles and to construct logicalframeworks into which procedures for design andevaluation can be fitted.Building research also has the task of providingappropriate test and assessment methods and relevantdata. At an international level, through CIB (TheInternational Council for Building Research) know-ledge gained through research and professionalpractice is focused on matters of more than a localnature. A number of CIB Working Commissions are

continued on page 283

Fig 6 Sweden : An example in the water installationsregulations of a functional requirement on frost protection

VA - Byggnorm(Water Installations)254 Protection against frost and condensation2541 Regulation

Water installation to be arranged so as to preventstoppage of flow due to frost. Where there is a riskof nuisance through condensation in a building space,cold water pipework to be insulated so that surfacetemperature remains above ambient dewpointtemperature.

2542 GuidanceFor pipework laid in ground either of followingapproved:1 Laying to frost free depth shown in Fig 230 (map

of frostfree contours for Sweden, to be used withtable of corrections for different types of ground).

2 Laying to lesser depth but with electrical warmingprovided in accordance with requirements of VAV(Waterworks Association) publication p. 14.

Building Research and Practice Sept/Oct 1973 281

Dow

nloa

ded

by [Y

ork U

nivers

ity L

ibrari

es] a

t 08:2

3 29 M

ay 20

15

Housing in EuropeThe variations in methods ofbuilding control throughoutEurope is reflected also inthe range and variety ofhousing built in differentcountries in recent years.These random examples in-clude single-storey timberbungalows and four-storeybrick-built maisonettes atCumbernauld New Town,UK {top left), concrete clad

flats at Liege, Belgium {left),industrialised precast con-crete flats at Munich {bottomleft), and the composition ofin situ, precast and industrial-ised forms that characterisesthe 'mixed' development atthe Barbican, London {belo w)

282 Building Research and Practice Sept/Oct 1973 JJ

Dow

nloa

ded

by [Y

ork U

nivers

ity L

ibrari

es] a

t 08:2

3 29 M

ay 20

15

concerned with cnviornmcnt in buildings: climatologyin building (S4); rain penetration (Wll); fire(W14);heating and ventilation (W17); indoor climate intropical and sub-tropical areas (S25); human require-ments and building design (W45). A further Com-mission W60 is concerned with the performanceconcept in building, while Commission W31 hasrecently completed the task of preparing for publi-cation the 1972 edition of the CIB Master Lists forstructuring documents relating to buildings, buildingelements, components, materials and services.The results of the work of these international groupsinfluence in different ways documents prepared within

ISO (International Organisation for Standardisation)and CEN (European Commission for Standardisation)as well as ILO (International Labour Organisation)and WHO (World Health Organisation). At least inthe short term it is unlikely that there will beuniformity internationally in regulation systems forbuildings. Even in the British Isles there are dif-ferences: geographical, for example between Scotlandand England and Wales, and Inner London; andadministrative, for example between public health andsafety, controlled through national building regulationsand the building inspectorates of district councils, andlabour welfare and protection, controlled under the

Despite the differences inapproach - and sometimes inobjective - most housing inEuropean countries has beenand remains primarily con-cerned with accommodatinglarge numbers of people inacceptable environments, atask which offers no instantsolutions.Examples are seen in theindustrialised block at theGrand Mesnil developmentin France (right) and in themore subtle grouping ofhomes for older people inAmsterdam, the Nether-lands (below).

Building Research and Practice Sept/Oct 1973 283

Dow

nloa

ded

by [Y

ork U

nivers

ity L

ibrari

es] a

t 08:2

3 29 M

ay 20

15

BUILDING REGULATIONS/continued

Factory Acts by a central government factoryinspectorate. Through 'norms' published by nationalstandards organisations and their internationalcounterparts, harmonisation of the technical back-upto regulation is more feasible. An example of thecoordinating role of 'norms' within a country havinga Federal constitution is the use of the ETB - uniformtechnical rules - series of DIN standards in WestGermany, (ref 1).

Enforcement of building regulationsThe central problem of regulation is specification ofrequirements in a form suitable for legal enforcement.For a new work, building owners and their profes-sional consultants want to be satisfied that thecompleted building, and its services, conform withrequirements and do not require major alterationwhen ready for occupation. For this reason it isusual in many countries for an authority, afterexamining drawings, specifications and calculations,to grant a building permit. Provided work is con-structed to the approved design and specifications, theauthority accepts completed work as meeting regula-tion requirements. It may then grant an occupancypermit. Where requirements are framed in pre-scriptive terms, eg a separating wall to be built ofbrickwork having a mass of 'n' kg/m2 built andplastered in accordance with relevant codes ofpractice, checking of proposals and control on site arerelatively easy as they depend on traditional buildingskills and experience. But such a requirement leaveslittle room for technical innovation.Alternatively, a building owner may be allowed toadopt any construction his consultants judge likely tosatisfy the functional requirement. On completion,the authority, using appropriate methods of assess-ment and test, checks compliance. If the constructionfails to satisfy the requirement, approval is not givenuntil the work is modified or reconstructed.In practice variations on both the prescriptive and theperformance approaches are to be found. More thanone approach is frequently used by the same authorityto control different functional requirements and tocheck compliance. Increasingly, however, require-ments are being performance-based. To be effective aperformance-based system should include:1 Statements of requirements in terms of functional

criteria - what is required, from what part of abuilding, under what conditions of use.

2 Guidance on performance likely to satisfy criteriaeither through specification of acceptable levels forrelevant attributes in 'performance standards', orby reference to a 'model1 the performance of whichis accepted as satisfactory.

3 Information about design data, methods of calcula-tion, assessment and test accepted as good practice.

4 Procedures for examination of proposals by cal-culation, test, or expert judgment to check whetherperformance is likely to satisfy criteria.

5 Procedures for control of quality of manufacturedproducts used in the work.

ConclusionsTo sum up:1 In all countries public safety and health are, and

will remain, a major concern of building regulations.In a number of countries regulations now dealcomprehensively with matters relating to the internalenvironment and extend requirements to includematters of comfort and convenience.

2 Building regulation systems vary considerably inobjectives, responsibilities of authorities anddesigners, and in operational methods. But mostdepend on national, or sometimes, internationalcodes and standards - or norms - for technicalback-up. It is these norms, rather than the regula-tion systems themselves, which are appropriate forharmonisation at an international level.

3 Requirements are increasingly being specified inperformance terms. Examples of the approachesadopted and problems which arise in practice aregiven for thermal and acoustic requirements. Thedevelopment of performance based requirements isdependent on the availability of satisfactorymethods of specification, assessment and test, and ofappropriately skilled personnel and facilities. It is

' therefore a slow, continuing process rather thana rapid, once for all operation.

References1 CIBULA E. J. (1970). Building Control in West Germany

BRS Current Paper CP 10/70.2 ATKINSON, G. A. (1971). Building Law in Western

Europe: how responsibility for safely and good per-formance is shared. BRS Current Paper CP 6/71.

3 CIBULA, E. J. (1971). The structure of building control -an international comparison. BRS Current PaperCP 28/71.

4 EXPERT COMMITTEES ON THE PUBLIC HEALTH ASPECTS OFHOUSING (1961). First Report. World Health Organis-tion. General.

5 DEPARTMENT OF HEALTH FOR SCOTLAND (1957). Reportof the Committee re Ministry Legislation in Scotland.HMSO, Edinburgh.

6 ESSUNGER, G. (1968). Svensk Byggnorm 67: a generalreview. BRS Library Communication LC 1429.

7 CIBULA, E. J. (1970). International comparision ofbuilding regulations: thermal insulation. BRS CurrentPaper CP 33/70.

8 SUNDBERG, B. (1969). Sound insulation : review ofrequirements in SBN 67. BRS Library CommunicationLC 1477.Current Papers may be obtained from:Publications SectionBuilding Research EstablishmentBuilding Research StationGarston, Watford WD2 7JR, United Kingdom.

284 Building Research and Practice Sept/Oct 1973

Dow

nloa

ded

by [Y

ork U

nivers

ity L

ibrari

es] a

t 08:2

3 29 M

ay 20

15