BRegs Blog

A blog to debate the Building Control (Amendment) Regulations (BCAR): The BRegs Blog presents an opportunity for free expression of opinion on BCAR and their implementation. The blog is not representative of any professional body or organisation. Each post represents the personal opinion of that contributor and does not purport to represent the views of all contributors.

Tag: Building Control Act

Thoughts on a way forward #bregs #DeirdreLennon

by bregs blog admin team

D Lennon005

Building Control (Amendment) Regulations 2013 SI 80  –

The Minister has confirmed that he wishes to “strengthen the current arrangements in place for the control of building activities “ as part of the 2013 amendments to the 1990 Building Control Act

Indeed,BC(A)R’s SI 80 has been carefully crafted to “require the private sector to provide an active part in achieving regulatory oversight.” This is to be achieved through professionally endorsed notices and certifications along with Contractor endorsed undertakings, each to be submitted to the Building Control Authority at distinct times between commencement and completion of construction projects.

The drafting of this legislation has been in process since 2011 and its Statutory Instrument SI 80 is on the cusp of enactment. No transition period has been allowed. No meaningful engagement or dialogue took place between government and the general public. Engagement with our representatives and other stakeholders took place behind closed doors. This legislation directly affects the practice of architecture and we are therefore all stakeholders in this important matter.

Given the title of this amendment and proclaimed political commitment we may be forgiven for believing that the proposed amendment promises change. Not so.

The devil is in the detail. The role of the Local Authority as Building Control Authority under the Act has changed in one small way. It has to conduct a validation process, an administration function of receipting and recording submissions. The non mandatory Code of Practice states that the Authority will then undertake a risk assessment but there are no details offered as to how or what this means.

In fact, Building Control Authorities intend to rely on the 1990 Building Control Act to continue a practice of zero obligation to carrying out technical assessments and to proceed with current commitment to an undefined number of building inspections –no change there either.

We are being asked to believe that this legislation will create more work for architects, that our professional liability will not increase, that the Building Control Authority will do better and best of all that Contractor registration will come.

If the Minister is really serious about strengthening the Building Control System he can task the Building Control authorities to carry out independent inspection and review protocols similar to that operated in the UK. This system has been tried and tested and following review in 2012 has been confirmed to be the most cost effective solution for protecting the quality of the built environment. We would welcome it.

Deirdre Lennon MRIAI

Member of BReg Forum and candidate for RIAI Council Election 2014

15th December 2013

The UK System of Building Control

by bregs blog admin team

As we discuss the adequacy of the new building control amendment, it might be useful to look at systems in other countries. For the purposes of this post we have focused on the Building Control system in England and Wales (The differences in Northern Ireland and Scotland are addressed at the end of the document).

The Building Regulations in England and Wales are set by the Communities and Local Government (CLG).

You have two choices over who supplies your Building Control service:

1. The Local Authority Building Control section or

2. Independent ‘Approved Inspectors’

The Approved inspectors are relatively recent (since the Building Act 1984) and are licensed by the Construction Industry Council For further details on the Approved Inspectors CLICK HERE

Once you have chosen your preferred Building Control service you then have two routes to ensure you are building in accordance with the Building Regulations. When using the Local Authority Building Control method the options are:

1. Full Plans Approval

a. You submit all the construction drawings, details and specifications for inspection/checking.

b. You are then informed of any defects/amendments that need to be addressed in order to receive approval. You can receive a conditional approval where items can be addressed prior to work commencing.

For more information on the Full Plans method CLICK HERE

2. Building Notice

a. You give minimum 48 hours notice to the Local Authority of your intention to build. There is an inherent risk in proceeding in this way as you do not have the benefit of ‘approved’ plans.

For more information on Building Notice method CLICK HERE

Inspections

It is a requirement of the Building Regulations that the builder notifies the Local Authority Building Control section at various stages of the work; this triggers an inspection to ensure the work is carried out at that stage correctly. Failure to give such notice may mean that you are required to break open and expose the work at a later date.

There are minimum days on the required notice that you are required to give (normally on cards provided for this process); for details on the minimum notices and for further information on these site inspections CLICK HERE

The method if you use an Approved Inspector is slightly different in that you and the Approved Inspector jointly notify the Local Authority Building Control Section of your intention to build in an ‘Initial Notice’. Once this notice is accepted, the plans and site inspections are then checked, inspected and approved by the Approved inspector.

Completion Certificate

On completion the Local Authority Building Control Section or the Approved Inspector will issue a final completion certificate stating that the works have been constructed in accordance with the Building Regulations.

Northern Ireland and Scotland

The Approved Inspector route exists only in England and Wales and not in Northern Ireland or Scotland where you only have the Local Authority Building Control Route, although independent inspectors are envisaged in Scotland.

In Scotland the Building Regulations approval to build is called a Building Warrant. The design is approved by the local authority and the architect ‘self-certifies’ that the approved design has been built, at the end of the construction process. All newly built and newly converted dwellings are backed by designated warranty schemes (insurance) as in England and Wales.

In Northern Ireland, there is a full system of local authority inspections for all stages of all projects, even small domestic works. More information is available at http://www.buildingcontrol-ni.com/

You can read more about the systems in Scotland and Northern Ireland in the Irish Consumer Agency/ Grant Thornton Report ‘Building Regulations and their Enforcement’ available at http://corporate.nca.ie/eng/Research_Zone/Reports/Home_Construction/NCA-Home-construction-Volume-5.pdf

A special thanks to Geoff Wilkinson at TheBuildingInspector.org (Approved England and Wales Approved Building Inspectors)