Almost 2 years ago to the day AJ published my column warning of the changes to BS8300 and the need for Architects to look carefully at contract conditions to ensure that they don’t fall foul of the DDA (now Equalities’ Act)(http://www.architectsjournal.co.uk/news/opinion/the-regs-disabled-wcs/5211782.article)

In recent weeks I have seen increased awareness from clients, Councils and Access Officers pushing for the higher standards in new buildings as awareness of BS 8300 continues to grow. This has culminated in CLG releasing a circular letter on the 9th December 2011 on the subject (http://www.architectsjournal.co.uk/news/opinion/the-regs-disabled-wcs/5211782.article)

This letter clarifies for building control bodies the relationship between the Equality Act 2010 and Part M (Access to and use of buildings) of the Building Regulations 2010.

Compliance with the requirements of Part M does not signify compliance with the much broader obligations and duties set out in the Equality Act. This is a source of frequent misunderstanding.

Part M sets out minimum requirements to ensure that a broad range of people are able to access and use facilities within buildings.

The Equality Act requires reasonable adjustments to be made in relation to accessibility. In practice, this means that due regard must be given to any specific needs of likely building users that might be reasonably met. The letter sets out a 10 year exemption from the need to alter physical features in buildings completed under ADM.

However most Councils planning and access officers (and some private sector clients) are adopting BS8300 as the relevant measure for all new building projects to avoid the need for alterations in 10 years time . Be warned that the standards are much higher - for example the size of a single accessible WC cubicle should be 2.2m x 2m and have a standing height WHB rather than the 2.2 x 1.5m in ADM. If you havent got a copy of BS 8300 yet, theres still time to put it on your Christmas List

Its that time of year again when we get asked if its OK to concrete or lay bricks during during the cold and snowy weather. As general advice we would not recommend working when temperatures are below 5 degrees and falling unless additional precautions are taken.

Cemex have issued some excellent guidance about the need to protect concrete in cold weather. If young concrete is allowed to cool much below freezing point it will be damaged to such an extent that it will be unfit for use. It should also be noted that even if temperatures do not drop below zero the concrete will develop strength much more slowly than during the warmer months.

The key temperature for concrete is 5 degrees and the guidance can be found at http://www.cemexliterature.co.uk/pdf/Concrete_ColdWeatherConcrete.pdf

Cemex have also produced guidance on bricklaying during bad weather. Setting in mortar usually occurs at temperatures above 4 degrees C. If mortar is used below this temperature it may not set properly and if water is retained in the joint, frost damage can result. 

Fortunately there are relatively few periods in the UK when the daytime air temperature remains below 4 degrees C and if it is below freezing it may be impractical to continue with masonry work in any case; not least because the outdoor water supply will freeze.

However, during the winter months all stocks of bricks and blocks should be covered to provide protection against rain, frost and snow. Bricks or blocks that become saturated should not be used until they have dried out and in cold weather they risk damage if they freeze.

Mortar likewise needs protection during very cold weather. If mortar freezes during storage any frozen material must be discarded. Neither should mortar be laid on frozen surfaces. Anti freeze agents for mortar are not recognised in British or European Standards.

As mortar hardens and develops strength more slowly in cold weather, new masonry, or areas under construction, should be covered and protected from the elements. This is likely to require two layers - thermal protection such as hessian or some form of quilting and a waterproof sheet to stop the under layer getting wet.

Protective covers should not be in contact with the face of the wall to avoid ‘sweating’ and consequent staining. The covers should be secure and kept in place until the mortar dries.

Recent incidents at Talybont* & Coombe Haven** have seen 4 deaths in caravan fires this summer, throwing the issue of fire safety on caravan parks back into the limelight.

We are pleased to feature a Guest Blog by the UK's leading expert on the planning and design of Caravan parks - Ian Butler. Ian is a Chartered Surveyor and Town Planner with over 30 years in private practice. He has been involved with all aspects of caravan park design, planning, development and licencing since the late 1970’s and in the emergence of legislation and control over all kinds of caravan park. He is a national associate member of the British Holiday & Home Parks Association (BH&HPA) and has been a national advisor to the caravan industry.

Guest Blog 

There’s no doubt about it, if a caravan catches fire it does burn well and usually there is little left at the end of the day. This doesn’t make caravans inherently dangerous though and in many ways they are often better protected in fire safety terms than bricks and mortar dwellings.

Caravans vary from the touring variety (that are often towed behind slow moving cars in country lanes evidenced by a long queue of other vehicles behind!) to the luxury mobile homes which remain sedentarily sited on a ‘Park Home’ estate. In the middle there is a multiplicity of static holiday caravans, generally used for holiday purposes.

All ‘caravan parks’ are subject not only to town planning controls, but to licencing by Environmental Health Departments under the Caravan Sites and Control of Development Act 1960. This Act imposes a requirement upon authorities to issue a caravan site licence which contains a series of ‘standards’ concerning the operation and environmental management of any caravan park. The Secretary of State issued Model Standards as a guide to authorities on those standards normally to be expected and these vary depending upon the type of caravan park concerned. It is open the an authority to set standards as they think fit, subject to such standards not being unduly burdensome. The current Model Standards for each type of caravan are referenced at the end of this article.

Amongst the numerous standards are a series of mandatory requirements for the provision of fire safety measures, both within the caravan and throughout the park as a whole. These originally involved fire buckets, hoses and alarm bells at regularly spaced fire points, but over the years has developed on many parks toward fire hydrants and more modern fire fighting features. The spacing between caravans is also an important element in ensuring that fire spread between caravans is contained.

The evolution of caravan manufacture was slow and largely based on the adaptation of three-ply constructed touring caravans. By the mid 1960’s the sheet metal constructed touring caravan emerged, together with its larger stablemate the static holiday caravan (static for obvious reasons), swiftly followed by a twin-unit variety which led to further dimensional controls being introduced. These larger units are generally used for residential purposes and tend to be of timber frame construction on a metal chassis.

In February 1989 – “Fire Spread Between Park Homes and Caravans” was published. The research was based on the testing of a conventional (contemporary) aluminium holiday caravan (primarily designed and generally used for holiday use) and a conventional single unit ‘Park Home’ designed specifically for residential use. The park home was of plywood construction on a steel chassis with a tiled pitched roof and was generally of more robust construction than the holiday caravan. The report notes that:

“The two units burned in notably different manners; in the holiday caravan the walls and roof were soon destroyed and flames passed upward through the roof; in the park home the body and roof remained intact for a while so that the flames jetted out of the window and door openings”

The FRS research gave rise to recommendations that the spacing distance between aluminium holiday caravans could be reduced from 6m to 5m. They also recommended that spacing could be reduced to 3.5m between aluminium holiday caravans at the corners with some intrusions into the 5m space for porches, awnings, disabled ramps etc. The metal caravans of today generally achieve a Class 1 Fire Rating.

For residential caravans the recommendations of the FRS research on conventional park homes required the retention of a 6m spacing between units, but allowed some incursions into this space for porches, drainpipes and bay windows (5.25 minimum space between adjacent units), disabled ramps, verandahs, stairs etc.(4.5m clear space).

Separate Model Standards (the 1989 standards) were issued between the two types of caravan unit.

In 2008 the Model Standards for residential caravans were updated and introduced a change in control with regard to fire safety. Following the introduction of the Fire Safety Order in 2005 a duty was placed on “the responsible person” to carry out suitable and sufficient assessments of the fire risks on the premises. The Order applies to holiday caravan parks (excluding privately owned units – unless they are sub-let) and the common areas of park homes (residential caravans). The latter criterion evidently excludes from consideration the residential caravan itself and its surroundings in private occupation. This has given rise to issues of interpretation which have yet to be adequately resolved. Some Fire Authorities are certain that caravan spacing is not within the scope of the FSO, whereas others consider it is. It is a moot point.

Do the Model Standards work in practice? Arguably yes. It was evident from the FRS research that spacing could be narrower for metal caravans, although the construction of timber based residential units required the maintenance of 6m (20 ft) or thereabouts.

There have been very few circumstances over 40 years reported where caravan fires have led to significant spread between units. And here is a good example. A metal caravan was deliberately set on fire by arson in the midst of a park where spacing was 5m between rows and only 3m end to end (as approved by a current and lawfully issued Site Licence). The photos (July 2011) illustrate that the fire burned exactly as noted in the FRS research and did not affect adjoining units, despite the non-standard spacing approved on this park.

Ian Butter FRICS MRTPI

The Rural and Urban Planning Consultancy www.ruralurbanplanning.co.uk

* http://www.bbc.co.uk/news/uk-wales-north-west-wales-13746072

** http://www.bbc.co.uk/news/uk-england-sussex-14554366

With reports that 40,000 families could be made homeless, it is shocking to learn that according to charity Empty Homes statistics* show that in 2010 more than 735,000 houses in England were sitting empty, many in a state of dereliction or ruin. It has encouraged local authorities to take note of the recently announced New Homes Bonus, which includes both new homes and empty properties brought back into use.

However, councils already have powers under the Building Act 1984 to issue notices to deal with dilapidated buildings and neglected sites, but are loathed to use them. Today we asked Grant Shapps MP on twitter to disclose how many notices under the Building Act sections 76 and 79 had been served in 2010.

Current powers include .

Section 76, Building Act 1984: Defective premises.

Power: Under this section, the Council may issue an abatement notice when it believes that any premises are in such a state as to be prejudicial to health or a nuisance and unreasonable delay in remedying the defective state would be occasioned by following the procedure prescribed by section 80 of the Environmental Protection Act 1990. The Council can carry out the works in default nine days after service of the notice. Costs: The Council may recover expenses incurred in abating the nuisance..

Section 79, Building Act 1984: Ruinous and dilapidated buildings and neglected sites .

Power: Under this section, the Council may serve notice where:.

(a) the building or structure is in a ruinous or dilapidated condition, or (b) where rubbish or other material resulting from, or exposed by, the collapse of a building or structure is lying on the site or on any adjoining land, and, in either case, is seriously detrimental to the amenities of the neighbourhood..

The notice can require the owner to execute works of repair or restoration and take such steps as may be necessary in the interests of amenity. Costs: The Council may recover expenses incurred in carrying out the works in default. It should be noted that an order does not override any need to obtain any necessary consents for listed buildings, buildings subject to building preservation notices or buildings in conservation areas..

. In recent years Building Control departments across the UK seem to have become focussed on competing with the private sector for processing building control applications, rather than enforcing the other legislative requirements of the Building Act. Building Control departments should be encouraged to focus resources on enforcement and ensuring that public interest is served through bringing these properties back into use..

See www.emptyhomes.com

The long awaited competency criteria for fire risk assessors have been published as a draft document for public comment.

The foreword to the document states:

“In the light of experience, including the emergence of inadequate fire risk assessments for premises that suffered multiple fatality fires, there has been growing concern regarding the competence of those who provide fire risk assessment services to duty holders on a commercial basis.

“As a result of these concerns, the Fire Risk Assessment Competency Council emerged from the fire sector with the encouragement of Government. The raison d’être of the council, which comprises a broad group of relevant stakeholders, is to establish criteria against which the competence of a fire risk assessor can be judged.”

“The Competency Council for Fire Risk Assessors is an open group that has emerged from the fire sector to address the issue of competency criteria for fire risk assessors,” said Iain Cox, chief fire officer of Berkshire and the council’s chairman. “It was widely felt that the requirement to use competent persons for fire safety works should extend to those who make the risk assessments upon which such works are based.”

The document sets out broad criteria for fire risk assessors of both “simple buildings” – where the fire risk assessor might, for example, be an employee of the occupier – and “complex buildings”, which will require higher levels of knowledge understanding and preferably experience on the part of the fire risk assessor.

For complex buildings, fire risk assessors will need to have the “specific applied knowledge and skills of an appropriately qualified specialist”. Knowledge can be obtained by academic study, training, working alongside others, short courses, continuing professional development or any combination of two or more of these.

The deadline for comments on the draft document is 7 September 2011 and the document can be downloaded here. http://www.info4fire.com/c/document_library/get_file?uuid=ca909f67-964e-4699-9266-d8673a6a5c6b&groupId=10606

Wilkinson Construction Consultants welcome the move, but hope that a single national licensing scheme along the lines of that used for Approved Inspectors can be developed. Such a scheme could comprise four stages to become an Approved Fire Risk Assessor eg

1. Application

Applicant completes an application form including a detailed knowledge base. The knowledge base is the heart of the assessment and requires demonstration of how the applicant’s knowledge and experience equips them for the duties and responsibilities of a Fire Risk Assessor. The consultation document sets these out as follows:

• the assessment of risk from fire

• applicable legislation

• appropriate guidance

• behaviour of fire in buildings

• behaviour of people in fire situations

• means of escape

• fire prevention

• fire protection

• management of fire safety

• Building Regulations & Statutory Control

• Law

• Construction Technology & Materials

• Fire Studies

• Foundation & Structural Engineering

• Building Service & Environmental Engineering

2. Pre-qualification verification

On receipt of an application, the FRA Registrar would check that all the information requested on the form has been provided, along with some example FRA's.

3. Admissions Panel

On successful completion of stage 2 , the application would then be considered by professional Assessors who decide whether the applicant has demonstrated the necessary experience and knowledge to merit a professional interview. Assessors could be drawn from across the membership of the Fire Risk Assessment Competency Council eg

Association of Building Engineers (ABE)

Association of Fire Consultants (AFC)

Association for Specialist Fire Protection (AFSP)

Awarding Body of the Built Environment (ABBE)

British Approvals for Fire Equipment (BAFE)

British Fire Consortium (BFC)

BRE Global Ltd (BRE)

Chartered Institute of Environmental Health (CIEH)

Chief Fire Officers’ Association (CFOA)

Chief Fire & Rescue Advisors Unit (CFRAU)

Confederation of British Industry (CBI)

Construction Products Association (CPA)

Department for Communities and Local Government (DCLG)

Fire Industry Association (FIA)

Fire Brigades Union (FBU)

Fire Protection Association (FPA)

Federation of British Fire Organisations (FOBFO)

Institution of Fire Engineers (IFE)

Institute of Fire Prevention Officers (IFPO)

Institute of Fire Safety Managers (IFSM)

International Fire Consultants Certification Ltd (IFCC)

Institute of Occupational Safety & Health (IOSH)

National Examination Board in Occupational Safety and Health (NEBOSH)

Passive Fire Protection Federation (PFPF)

Royal Institute of British Architects (RIBA)

Royal Institution of Chartered Surveyors (RICS)

Skills for Justice

Warrington Certification Ltd (WCL)

United Kingdom Accreditation Service (UKAS)

 4. Professional Interview

Applicants called for a interview would be seen by an Interview Panel consisting of three assessors, assisted by the Registrar. The interview is the final stage of assessment. It is an opportunity for candidates to demonstrate their competence, and expand upon the information provided in their application.

Successful completion of the above assessment stages would result in the Applicant being invited to register subject to their adoption of a Code of Conduct including disciplinary procedures, and providing satisfactory insurance is in place. Registration would be for a period of five years, after which a reapplication is required to demonstrate that the FRA has kept upto date CPD and Training records and that there have been no complaints about their work.

WIlkinson Construction Consultants will be formally responding to the consultation on that basis and encourage others to do so as well via this link http://www.info4fire.com/c/document_library/get_file?uuid=9a648cfa-d3a9-4faa-b5c5-5a17c649ba92&groupId=10606

More than a million public sector workers are set to take strike action in the autumn unless the Government pulls back from its controversial pension changes, Dave Prentis, general secretary of Unison, has warned today. He said huge numbers of local government workers were "on the road" to industrial action, with balloting of around 1.2 million workers set to start soon. Mr Prentis said the Government was now on a "collision course" with public sector unions over pensions as well as cuts to jobs, pay and services. He told a press conference: "It will not be one day of action - it will be long-term industrial action throughout all our public services.”. Using Council Services could risk severe disruption/delay to key projects at a time when the construction industry is just starting to show signs of emerging from the recession. Given the threat from Unison, we would advise Architects and Contractors about to submit Building Control applications to think twice about using Local Authority Building Control services and use private sector suppliers instead. Also in order to safeguard the house-building programme Government should look again at the privatisation of the processing of planning applications.

The Royal Wedding means that there will be a bumper crop of Bank Holiday weekends this year, and for many that will mean one thing - DIY!

Every year we get enquiries from people who are in the process of moving and have only just realised that they needed Building Regulations on DIY work they have carrired out, which causes delay and may mean that the sale may well fall through, so dont get caught out, with our guide.

So what projects need approval?

A common mistake is to confuse Planning Permission with Building Regulations, and whilst a project might not need planning, the majority will require approval under the Building Regulations, these include:-

1. The construction of a new House, Office, Shop, Factory, Hotel or other significant Building.

2. The extension of any building, unless the extension is either a porch or conservatory (see below).

3. Structural Alterations carried out on buildings, eg. removing load-bearing walls.

4. Alterations to drainage systems, heating systems and hot water systems.

5. Internal alterations to commercial buildings that affect means of escape in case of fire.

6. Cavity Wall Insulation.

7. Underpinning.

8. Replacement Windows.

9. Certain changes of use of Buildings.

Some projects are exempt from the Building Regulations, these include:

1.Agricultural Buildings.

2. Temporary Buildings intended to remain in place for no longer than 28 days.

3. Small Detached Buildings which contain no sleeping accommodation and have a floor area not exceeding 15m2 eg. garden sheds.

4. Small Detached Buildings with a floor area not exceeding 30m2 which contain no sleeping accommodation and are either substantially non-combustible or are located at least 1m from the property boundary eg. Detached single or small double garages of masonry construction.

5. Porches with a floor area not exceeding 30m2 so long as a door is retained in the current front door position.

6. Conservatories with a floor area not exceeding 30m2 providing that the conservatory is separated from the house, is single storey, substantially glazed and has a translucent roof.

7. Carports open on at least two sides.

8. Covered ways.

For a more detailed guide checkout our downloads page or click here for an Interactive Guide

In a statement to Parliament, before Christmas Communities Minister Andrew Stunell announced the findings of his review and reaffirmed the commitment to revising Building Regulations on the conservation of fuel and power 2013.

WCCL have obtained an exclusive interview with Andrew at his parliamentary office.

WCCL Readers may be unaware that your early career was in architecture. Can you say more about that time?

AS Certainly. As you say before I started my career in politics I was involved in architecture and studied Architecture at University of Manchester and Liverpool Polytechnic. After I graduated I worked as an architectural assistant, initially with CWS in Manchester, then with Runcorn New Town from 1967 to 1981 before doing a few years as a freelance.

WCCL And what was your most memorable design project?

AS That was probably while I was at Runcorn new town where I worked on the shopping city development, and then on the Schreiber Factory, which was a large and interesting development and is still there today. However, I always had a hankering for housing projects, and was involved in a timber frame system build project as well.

WCCL The building regulations changed greatly between 1965 and 1985 - What was your biggest challenge in getting designs approved during that time?

AS I can still remember the old style building regulations, and what was then part H stairs. During my time at Runcorn I became a bit of an expert and worked with Telford to develop a design system using algorithms, a potential forerunner of the approved details of today, which we presented to the DOE at the time, but which were overtaken by the changes.

WCCL The option to use private sector building control, using Approved Inspectors has been introduced since 1985 - do you think this has led to an improved service or has competition lowered standards?

AS Competition has improved customer focus, reduced costs and does what it says on the side of the tin. That said I do still have concerns about the levels of compliance generally, though I don’t believe that is linked to the introduction of Approved Inspectors, but is an issue for the sector generally. There is also a difference between regulations and compliance, particularly with regard to sustainability and this is an area to address. I feel that areas such as structure and fire precautions are correctly addressed but areas such as insulation need to be given equal importance by industry, to ensure that what is delivered reflects what was designed. Recent study by Zero Carbon Hub on Carbon Compliance shows that there are significant variations between the performance of buildings at the design stage and what is delivered on site. All sides of the system need to evolve new skill sets to address this issue and ensure that buildings perform as intended.

WCCL You recently requested comment on the future of building regulations. Given the extensive plan that the previous government had in place for the Future of building control why did you consider this necessary?

AS Its important for any incoming administration to have confidence in the direction of travel and that’s why we consulted again. We are looking to build on the existing plans but any regulations must be tested in terms of cost and burden to ensure that they are appropriate, First thing to say that is that we believe that broadly speaking building regulations continue to be the best option ,and we will not be moving away from that type of system to say one based on insurance as you see in other parts of Europe. The overwhelming response was that the system was not broken and doesn’t need replacing, but would benefit from some tweaking.

WCCL Readers probably know you best for the private members bill that became the Sustainable and Secure Buildings Act. That Act contains a provision for an Appointed Person - can you say more about the thinking that led to the inclusion of this role and do you think it will be necessary to enable that provision?

AS I wouldn’t say that I’m famous for it but it is certainly a landmark in my political career and the first to address the issue of sustainability in existing buildings. Coming top of a Private Member's Bill list is an opportunity that every MP dreams of - an opportunity to translate a personal passion into law and touch people's lives. I chose a bill that would make our homes and the buildings we work in greener for the environment, safer from vandalism and crime, and cheaper to run. It's been a great success to get an Act of Parliament onto the Statute Book, but there is a lot more to be done before our buildings and our environment get the benefits.

As for Appointed Persons the problem is that there is no one currently responsible for ensuring a building complies, and it’s difficult to establish who should take the rap if it doesn’t. The idea of the appointed person is that it’s clear that is where the buck stops. The plans form part of the current review and we will be looking at how, if and under what circumstances it would be appropriate to legislate.

WCCL Recent events in Sweden have once again raised the issue of terrorism attack against our buildings and infrastructure. Do you anticipate the need to make building regulations to address this issue?

AS Security measures are the remit of the Home Office and we obviously work with our colleagues in that department, but at the moment it would not be proportionate to introduce new regulations. There are of course a number of excellent guides that designers can use for reference produced by the Home office, and we will continue to keep the matter under review.

WCCL The coalition are looking at ways of removing conflicting and complex approval processes, do you see the SSBA as an opportunity to incorporate Secure by Design standards into the building regulations?

AS It’s an area we are looking at, but again needs to ensure a balanced point of view, and we are speaking to colleagues in the home office and the Association of British Insurers and Association of Chief Police Officers to establish the best way forward. The Secure by design standards are a good model but any regulation would need to ensure that costs were proportionate and did not introduce unnecessary burdens.

WCCL Clearly you are passionate about the environment and sustainability generally, and I have a few questions for you on this topic.

Many architects complain about the conflicts between planning and building control imposing differing environmental standards - do you agree with the view that building control is the correct mechanism for monitoring and enforcement of carbon compliance.

AS It is right that there are places where the two systems don’t fit together. Building Regulations are objective whilst planning is more subjective and quite rightly place-related. We have no ambition to convert either to the other, though we are looking at how to link a system of building regulation options to local standards through some form of planning flex. We have already started through the Localism Bill to create capacity within the local plan to address sustainability.

WCCL There is a wide ranging view amongst contractors that Part L has become too complex, with support for a simplified option based on the Passivhaus system. Is this something you would be looking to introduce?

AS As we move towards Zero Carbon in 2016 it is to be expected that design will become more complex. Solutions are becoming more technology based and are relatively untried within the construction industry, and there remain concerns about the levels of competence and craftsmanship. We understand that small builders in particular like approved details and these will continue to be an important part of future guidance, but we need to ensure that when constructed on site they are representative of laboratory test conditions.

WCCL The Housing Minister Grant Shapps recently announced plans to merge the Code for Sustainable Homes into Building Regulations, can you comment on how that will be achieved?

AS The Building Regulations provide a national base standard and will continue to do so. But we see this as a strong foundation on which to build into a local framework. It is important to recognise that there is significant variation, the climate in the South East is not the same as the North West for example, and there are great variations in wind speeds and rainfall.

We want to see a system that is deliverable, affordable yet provides scope for imaginative solutions. We will take the house builders views into account but I don’t think that they should take priority over the wider agenda.

WCCL The green deal is a major cornerstone of the coalition’s plans to reduce carbon emissions and the first time a Government has seriously looked to tackle the existing building stock. I note the plans for contractors operating under the scheme will require registration to tackle the issue of rogue traders. Do you anticipate a further extension of the competent person schemes to cover the Green Deal or will works carried out under that scheme still need to go through the building control system?

AS Its likely to be a bit of both, as not all work under the green deal will require consent. Quite simply on those projects that do, building regulations will still be required, while those that don’t won’t need it. Contractors registered under the various competent person schemes will be well equipped to deliver Green Deal projects, but it will not be a statutory requirement.

WCCL Building control fees for domestic projects have increased significantly since October - way in excess of inflation. There is a risk that this may drive home owners into the black market - will you be doing anything to increase local authorities powers of enforcement against those who try to avoid the system?

AS Firstly I’m not convinced that fees have risen. What has happened is that the fees are now based on the cost of delivery and vary with scale and complexity and fees are higher as projects become more complex. It is also important to remember that its now an open market and architects can choose to use the private sector. The new fee scales have only been introduced for a few months and we will need to wait and see if there are any effects on compliance, but I don’t believe there will be.

We recognise that the skill and competence of parts of the workforce, including white van man, can be an issue. Generally they do a good job but do not necessarily have a sophisticated understanding of issues such as air tightness and how important that is to compliance. I think this is mostly an issue of education, but as for fines and penalties we have no current plans but have not ruled them out as an option if needed.

WCCL We have heard a lot recently about the coalitions’ commitment to localism and how this will shape the planning system. How does this commitment fit with the concept of a national consistent system of minimum building regulations?

AS As we have already said Building Regulations are appropriate for national minimum standards, especially in relation to health and safety. I believe that there is scope for local standards for instance relating to climatic differences. It would not be controversial for local Authorities to have options to consider local standards based on a copy book that they could draw from.

WCCL Finally is there any one message that you would like to get across?

AS I believe in a high quality built environment that is safe to live in and preserves the planet for future generations. We must remember that buildings in the UK are responsible for 40-50% of all our carbon dioxide emissions, and half of that is produced by our homes. Carbon reduction is the highest priority for my department in terms of policy and for building regulations. Therefore everyone in the built environment field will have a significant role to play in those plans, and I very much hope they are up for it.

Many thanks for speaking to me today Andrew,

Here are the highlights of todays (15/12) announcement of the future plans for the building regs

Part A

There are no plans for the wholesale revision of Part A but CLG will look at how Part A and the Approved Document might be updated, with references reflecting the standards based on Eurocodes.

Within the overall context of removing the burden of compliance CLG will also look to introduce a scheme of third-party certification (similar to the scheme in place in Scotland) as an alternative to the need for Building Control applications and checks.

Part B

CLG are dismissing the idea of extending the requirements to make sprinklers mandatory.

Despite a number of recent fires in timber-framed construction, these relate to risks during the construction phase, which is not within the scope of the Building Regulations. Whilst statistics do suggest that timber-framed buildings suffer greater fire damage than other building types, this has not resulted in a higher risk of injury. As a result there will be no need for changes to the Building Regulations

The issue of equality was raised over fire safety for people with disabilities in the case of fire. It was suggested that the existing provision was unacceptable as it permitted an approach that could leave a person with a disability within a building (albeit within a safe refuge) in the event of a fire evacuation. The Department does not have any evidence that the approach is, in practice, any less safe, and will keep the issue under review

Part C

CLG have expressed concern over existing provisions relating to radon gas. They will therefore examine alternative options for addressing the health risks from radon and the costs and benefits of these.

Part G

The Department received representations that the guidance on toilet provision discriminates against women. There is no factual evidence to support this so a study is to be commissioned – or put another way the CLG spokeswomen had nothing to go on ;).

Part L

The plans for part L have been clearly spelt out in the past and the report reinforces plans for the next phase to be introduced in April 2013. That notwithstanding, CLG recognised issues with the complexity of guidance, some of which was considered to be beyond the understanding of many. It was suggested that a key consequence of this complexity was that compliance suffered as people failed to understand what was required. CLG will review this complexity and hope to address the issue through simplified guidance.

Part M

By far the biggest area of response (600+) related to Changing Places and we can expect these to form part of the next version of Part M when its published in 2013.

There was also support for the Building Regulations being used to deliver standards for new housing that might more widely support independent living in older age, with specific reference to inclusion within the Regulations of Lifetime Homes Standards.

Part P

This requirement was criticized for penalising those who want to comply, whilst doing nothing to improve compliance amongst those who wish to avoid the rules. The requirement for part P certification is therefore to be reviewed.

Other matters

Parts MKN

In addition, as part of its everyday business, the Department receives queries from building control bodies and industry that suggest there is scope for rationalisation of Parts M, K and N. They will look at the opportunities and benefits that might be achieved with rationalisation, addressing areas of potential conflict and overlap. Though they are at pains to point out that this is not intended though to open these Parts to wider review.

Enforcement

CLG have committed to explore options to further improve enforcement (for example potential increases in the level of fines, introduction of civil sanctions) and incentives for responsible businesses.

They will also review the system including expanding roles for Appointed Persons, third party checking mechanisms and the role of insurance and warranties.

Planning

Finally CLG have indicated they will also be considering how to improve the interface with planning and other regulatory regimes and ensure a level playing field in the Building Control service.

Eric Pickles will today (13/12/2010) publish the Localism Bill in parliament heralding a return of power to the town hall under a ‘new’ general power of competence, branding it as a ‘freedom for local councils to act in the best interests of residents.

The implications of these proposals are ‘vast’ and will allow local councils the power to change things, to provide services that are missing, to correct or public service failures – in short, to provide whatever it may be that local people want or lack and are prepared to pay for.

In return Councils are being forced to look at alternative means of service delivery, including shared services and outsourcing in respect of what might be termed their traditional functions, such as planning and building control. And yet, at the same time, the bill opens up the potential of councils moving into less traditional areas in direct competition with the private sector.

This brings with it a huge dilemma for local councillors who will now need to review if it remains an economic option to retain any of its core services house, to join forces with other councils or to outsource services fully.

Even before the Bill was announced we have seen alliances between local councils to provide building control supervision outside of their own boundaries ( http://www.swale.gov.uk/index.cfm?articleid=4442  ) and to outsource entire planning and building control departments to the private sector (http://www.capitasymonds.co.uk/partnerships/breckland.aspx).

On the other hand it also creates a wider concern for the private sector that councils can position themselves where they may be at an unfair trading advantage over its private sector competitors.

This follows on from existing controversy over Kent County Council running its own trading arms ( http://www.kentnews.co.uk/kent-news/KCC-denies-using-public-money-to-fund-companies-newsinkent11578.aspx?news=local  ).

The Localism Bill will truly create a sea change in the Local Government thinking and will have huge implications for planning and building control. For planning this should mean that power is given to neighbourhoods to decide the look and shape of their community and reduce or remove the need for planning consent for development in accordance with that plan.

For building control the introduction of localism goes against the concept of a national minimum standard and the stated aim to remove local building acts which require varying standards, such as the London Building Act which requires compulsory sprinklers in large buildings in London.

I look forward to reading more details of the bill and further announcements about the future of building control over the forthcoming weeks.