A New Regime for Building Control?

1. A New Regime for Building Control? Tracey Cull - Building Regulations and Standards, DCLG CIC: 21 February 2012

2. 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

3. 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 supportingImpact Assessments to show cost effectiveness of options and consultation proposals • Preparedconsultation proposals in line with Government policies on deregulation, including OIOO, SR2010 and moratorium

4. 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

5. The Building Control System • Role of Building Control System to help achieve compliance • Key drivers for changes are: • Reduceburdens • Improvecompliance • Encourage industry to take greater responsibility for their actions • Levelthe 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

6. 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?

7. 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

8. 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

9. Thank you!