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: Inspection

Government Reports & Professional Opinion Ignored in S.I.80

by bregs blog admin team

As Minister Hogan prepares to sign off on the final wording of the Building Control (Amendment) Regulations, we take a look at some of the government commissioned reports and the professional opinion that were ignored in the design of S.I.80.

Government Commissioned Reports:

The National Consumer Agency (2012): “the NCA would point to the undesirability of a situation arising whereby one entity could design, build, inspect and certify a building while no inspection by a Building Control Authority takes place.. Should a consumer purchase a dwelling become aware of non-compliance with building regulations, and bring the issue to the notice of the relevant Building Control Authority, the legislation allows the consumer to be designated as the party responsible for bringing the dwelling into a state of compliance. Consideration should be given to providing means by which responsibility for bringing a building up to a compliant state rests with the party responsible for the non-compliance in the first place”

The Pyrite Panel 2012: “…the Panel recommends that the system of independent inspections, carried out by the building control officers, should be strengthened to complement the mandatory certification process for buildings.. Project-related insurance whereby cover for each specific project is available and adequate and is related to the project only”

The Competition Authority 2012: “These concerns are (a) whether the proposed regulations would, in fact, afford proper protection to citizens, (b) whether the additional costs imposed by the proposed regulations are in proportion to any benefit they might bring, and (c) whether placing the onus for compliance on certain individuals involved in the construction process, rather than on an independent arm of the State, is appropriate”

The National Disability Authority 2006: “The findings of the Rogerson (2005) research and DoEHLG’s own 2003 survey suggest the need for vigilant on-site inspection for compliance with accessibility requirements. The provision of Disability Access Certificates does not preclude the requirement for strengthened enforcement and on-site inspection of buildings against Part M”

Chief Fire Officers Association Conference 2012: “Better Paperwork does not mean Better or Safer buildings!”

The Sustainable Energy Authority of Ireland 2013: “It is believed that Latent Defects Insurance (LDI) would provide a cost-effective means of providing long-term protection for the recovery of the costs of repairing or replacing works following discovery of a latent defect. The insured party does not need to prove negligence and defects would be covered even were the contractor company is no longer in existence. Given the complexity involved in contractors individually providing their own policies, there would be a clear benefit in having a single LDI policy, where all works carried out under the Scheme were covered by a single provider, offering a single point of contact for claimants at an optimal cost.”

Professional & Registration Bodies:

The Royal Institute of the Architects of Ireland 2013: “Registration of builders must be part of the new system.. It is essential that the new monitoring and inspection systems provide for planned and random audits – on a risk analysis basis – of the documentation submitted to a local authority before building work actually commences, as well as inspection of buildings during construction… If such systems of inspection and analysis by building control authorities are not in place, then the danger remains of shoddy building practices continuing with consequent risks to the consumer”

Engineers Ireland 2012: “An appropriately strong and active inspection/auditing function being delivered by the appropriate state authorities is equally critically important in strengthening the existing Building Control System”

The Society of Chartered Surveyors Ireland 2013: “The regulations do not address the Building Control Authority’s side of the equation and it will also be incumbent on the Government to ensure that appropriate review of operations occurs in this respect.” Alan Isdell, Surveyors Journal 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)