Government Sets Out Vision For Building Regulations

Building Regulations minister Andrew Stunnell published a statement on the future of the Building Regulations last week, which sets out the development of the regulations over the coming years. The programme results from an exercise that asked the industry to identify the changes that really needed to be made, either to the technical standards themselves or the regime more generally to secure compliance. The Government’s objective is to reduce the regulatory burden, making it easier and cheaper to comply.  The policy document notes that the responses expressed concerns about the increasing scope and burden of compliance, especially in relation to Part L.  There was also considerable support for separate guidance and more information on compliance. The statement set out the Government’s position on specific elements of the Building Regulations: Part B (Fire Safety) – The majority of responses which addressed Part B called for Building Regulations to require the greater use of sprinklers and water suppression systems.  However, the Government concluded that there was no significant evidence of sufficient additional health and safety benefits to justify altering the current approach in Part B.  The proponents of sprinklers argued that there was a business benefit in limiting fire damage to property, but the Government took the view that this in itself did not make the case for greater regulation, and that it was for individual businesses to make the decision for themselves. Another argument advanced for sprinklers was that they would reduce the environmental impact of fire.  The Government believes that this needs a more robust evidence base, and it will look at it in more detail in the future. There has been considerable pressure on the Government to regulate in response to the recent fires in timber frame buildings under construction.  However, the Building Regulations do not cover buildings under construction.  The fire statistics show that that timber frame buildings have a greater risk of fire damage, but as this has not resulted in a higher risk of injury, there is not thought to be any need to change the regulations.  Nevertheless it is an area the Department intends to monitor closely in co-operation with the timber frame industry and other external bodies in order to gain a better understanding of the issues. Part L (Energy Efficiency) – The future of Part L has to be considered in the context of wider policy on energy efficiency, climate change and zero carbon construction.  The statement acknowledges the concerns over compliance, especially in small-scale projects such as domestic extensions, and encourages external organisations to produce simpler guidance.  It also recognises that there needs to be more research into the potential adverse consequences from better insulated and airtight buildings, namely overheating and poor air quality. The timetable for the next revision of Part L is already set: a consultation paper will be published by the end of 2011, with the intention of publishing the new regulations and Approved Document in October 2012 for implementation in April 2013.  At present, the Government does not intend to regulate on embodied carbon before a pan-EU methodology of measuring it is established. The Government intends to address the overlaps between Parts K, M and N, although it stresses that this will not be a wider review of these elements of the Building Regulations. The compliance system came in for considerable criticism in the consultation responses, and the Government has acknowledged the need to raise compliance.  This could involve the greater use of self-certification, but this begs the question of how far it is possible to move in that direction.  There is general support for the continuation of an independent inspection process. The Minister intends to hold a roundtable discussion on compliance issue as the beginning of the process leading to a consultation on changes to the compliance system late in 2011.  This will include proposals for changes to competent persons schemes to align them with other similar schemes across government.