A forum for open discussion on communities and local government policy.

Achieving Building Standards

The Government has recognised that there are some issues with the existing system of Building Regulation, including concerns about compliance and enforcement. In particular, the Government is interested in reviewing the effectiveness of its guidance, concerns about industry’s ability to find the right resources, and questions about whether Building Regulations are targeting the right things in the right way.

As a result we have initiated a programme of work to consider the current situation of Building Regulations and how we manage and maintain them, and to identify what we might do to improve this.

This topic will provide input to this work and will run until 13 December 2006. Below is a list of the points that we hope that this discussion will help us to address. We anticipate that many people will want to contribute to this discussion, so in order to manage the site more efficiently we will only be able to display responses which address at least one of the questions below, and which follow the discussion rules of this site.

  • Are building standards regulating for the right things in the right way?
  • Are these standards being achieved, and if not is there anything stopping them from being enforced?
  • What helps people to comply with them?
  • What stops people from complying with them?
  • How could we improve compliance and why will this work?

All of your views are welcome and will be even more effective if you state in which capacity they are made; either as a member of the general public e.g. home owner or as someone with a professional interest e.g. architect.

Closing Statement

Posted by Kevin MacFarlane on 13/12/2006 - 17:03

This forum ran from 19th October to 13th December 2006 and is now closed.

We would like to thank all participants who have shared their views and experiences on the ‘Achieving Building Standards’ forum.
This forum has played a valuable part in providing feedback on the issues involved and has contributed to our thinking on the way forward.

Drawing on the oral and written evidence we received, as well as the contributions to this forum, we have now identified and confirmed the main issues surrounding the current system of Building Regulation. This has enabled us to develop our conclusions and recommendations for improving compliance with the Building Regulations and achieving Building Standards.

We have produced a draft report which is currently being considered by the Government. Our final report will be delivered in the New Year and further updates will be provided via the Communities and Local Government web site.

Also, this forum is being run within the Department of Constitutional Affairs’ ‘Digital Dialogues’ pilot. The pilot will explore the potential of information and communication technology to support central government communications and consultations. Support and evaluation is being provided by the Hansard Society, an independent, non-partisan charity, who would appreciate you taking the time to fill out their feedback survey (you need to be logged in to do so). This survey concerns your experience participating in the forum rather than being about achieving Building Standards specifically.

Achieving Building Standards

Posted by Gerry Pettit on 13/12/2006 - 16:55

· Are building standards regulating for the right things in the right way?

Generally, but some things are regulated in too much detail. Certain things are not controllable and are the results of attempts to deal with small problems by introducing unenforceable regulations. Part P is a good example of an uncontrollable and unenforceable (and un-necessary) regulation.

· Are these standards being achieved and if not is there anything stopping them from being enforced?

In some cases the right things are being regulated, but there is now more regulatory burden both in terms of quantity and complexity. As the complexity is ever increasing there is consequently too much for Building Control to handle adequately with the manpower available.

· What helps people comply with them?

Clearly expressed, concise, uncomplicated regulations covering only essential, controllable aspects.

· What stops people from complying with them?

- Complexity. For example AD L is in four parts and it refers to numerous other supporting documents.
- Frequent changes and added levels of detail.
- For existing buildings it is generally not appreciated that aspects of refurbishment and maintenance may well be regulated. This is particularly so for the private sector. The need to cover existing buildings with certain regulations should be reconsidered.

part P

Posted by mapj1 on 13/12/2006 - 14:49

To John Neal, who believes " People cannot legally carry out gas installations (even if the part only costs £10)"
and they do not do it? really, what 'law'?

Firstly the law for gas is just fine as it stands, my reading of the latest SI is that only the competant are allowed to do gas work, and only the registered and competant can do gas works "for hire or reward". Now, there are plenty of people doing pro-bono and DIY work on gas installations, to the necessary standards of competance, and they simply do not trouble the scorers, as they are not required to register their work, unless perhaps it also falls under the building regs. Some DIY gas work may be illegal, sure, if it fails to meet the minimum requirements for ventilation and flueing, routing of gas pipes under floors and so on, but the very low accident rate suggests that in practice DIY gas work is NOT a problem. It is shoddy work by incompetant persons that is the problem, not neccessarily unregistered, a most important distinction.
The HSE review of gas safety in 2000 concluded exactly this, and I think the dis-information about what is and is not illegal should cease. Anyone interested should look at the ARGI website, and compare it with CORGIs, certainly there is much to be learnt, even from what is effectivly a small militant fraction. (ARGI being to CORGI in scale, a small irritation, much like NAPIT to NICIEC, at least in terms of size and the scope of who has heard of it, though for legal reasons most ARGI members belong to both..)

Part P - flawed and needs improving

Posted by Dr Jonathan Pearson on 13/12/2006 - 14:00

I am familiar with the Building Regs and the process of liaison with LBC. The older regs e.g. part A are invaluable when sizing timbers etc. and I welcome BC inspection of foundations and structural work. Whilst BC fees have risen faster than inflation they are to some extent in proportion to the scale of the work being carried out.

However there seems to be a trend for government to micromanage everything, and soon you will need a certificate of competency to fit a door knob. There are alleged to be numerous breaches of part L, but very few if any prosecutions.

In my opinion the accident statistics for electrics do not justify the cost of part P and in fact injuries have risen sharply since the introduction of part P according to Hansard. To put things into context, hospital acquired infection is rife, killing thousands per year. A recent survey showed that 25% of health workers failed to wash their hands after handling faeces, rising to approx 80% after touching a patient. I would suggest more lives could be saved by the government improving standards in THEIR hospitals.

Are Standards Being Achieved

Posted by David Cowburn on 13/12/2006 - 12:01

I am Managing Director of NAPIT, one of the bodies where tradesmen can register in order that they can self-certificate compliance with the Building Regulations. I am writing following a series of meetings with our Members specifically to represent their collective views.

Most, but not all, installers recognise that self-certification is a concession not an imposition and that the only two routes forward for carrying out notifiable work are pre-notification and inspection by Building Control (at a price per job) or self certification (at a price for registration). One problem is that this is not a real concession when there continues to be a prevalence of a third route, which is “tell no one” (at zero cost). This third route is perceived as perfectly legal by many installers and until enforcement levels increase it allows a route for unregistered installers to significantly undercut Members who chose to comply with Regulations.

Another perceived disadvantage of registration is that it is seen as a means by which the work carried out by a Member is visible to authorities in a way that work carried out by others is not. As a result many believe that the only people likely to have enforcement action against them are those who chose to register.

Part P- cut out the greedy costs

Posted by JohnNeal on 13/12/2006 - 11:17

While I agree with many of the points made by tgirvan - I really cannot let his comment that Local Authorities are being greedy when charging £80 to inspect an instalation that may only cost £10 in materials pass without comment of my own.

Local Authorities are required by Government to make a charge for the Building Control sevice which fully recovers the cost of providing it - it is a statutory requirement - we HAVE to do it.

That cost itself is dictated by the need to employ staff to enter the application onto computer systems, to pay the salary and travel costs for a qualified BCO to visit the site (probably at least twice) and to issue all the paperwork necessary when the job is complete. We have to do basically the same amount of work in dealing with a £10 job as for a £1000 job.

I appreciate that this is frustrating - and may even be couterproductive in causing people to avoid sending a notification - but please do not call us greedy for doing what the law says we have to do. How many electricians out there would be prepared to carry out this amount of work for £80 ?

Part P

Posted by p sanderson on 13/12/2006 - 10:52

There seems to be a lot of comments regarding part P and its impact on electrical safety. When it was first introduced the ODPM as was issued a circular that i can remember seeing explaining the reason etc..

One point made in the circular that I think may explain why we have part P was that electrical work in general posed a low risk of injury etc.. and was therefore suitable for a self certification scheme.

It was not about a need to raise standards and from some of the comments raised it may have increased the risk of electric shock.

It was more to do with the drive for self certification and being seen to be combating the cowboys.

Part P

Posted by mapj1 on 12/12/2006 - 17:47

to tgirvan

Some of your points I agree, but would like to ask what accident figures you consider would really justify the cost of what you suggest. Personally I think your response would be quite correct if the fatality figures were a few hundred per year. Remember its more than an order of magnitude less.

Also explain why only the UK, Eire and Malta do not permit normal RCD protected sockets in Z3 of a bathroom, and yet we have no fewer accidents in the UK than our continental cousins that do - its just that our exploding hairdryer fatalities occur in the bedroom, not the bathroom.

There are also those of us who do not see TNC-S as always being an improvemnt on TT, namely in areas with singles overhead feed, particularly if there is earthed metal work outdoors. Consider an amateur radio mast if you will, connected to the house earth/neutral - could become live by broken neutral if supply were made PME. Otherwise, if we go your way, I think a change to BS7671 is then required to allow the use of neutral loss detectors, (like in SA where copper theft from overhead lines is sadly common) as currently such a device is not allowed in the UK, as it interrupts the PEN.

Part P

Posted by mapj1 on 12/12/2006 - 17:19

Further to the observations by John Andrews, I could not agree more, what we suffer is a lot of hot air and cross referenceing to publications of other comittees. I fear because no-one will stick their neck out and quantify the true risk and cost balance of what they are doing.

(I have worked on standards commitees, and I know first hand how easy it is to add a bit to keep someone happy on thir pet topic, and how hard it is to get it taken out again afterwards.)
My personal interest in part P, as I have said earlier, but now a long way down the thread, is for the UKs 50, 000 or so licensed radio hams, many with outdoor antenna rotors, power amplifiers up masts in the garden and so on, that might or might not be notifiable work to play with (ahem). Clearly it is not the situation that the rule was brought in to restrict, but it does. We all have been told part P is to drive out cowboy contractors, although I am not sure how worthwhile this is. I fear, rather like banning hand gun ownership did not stop gun crime, it sounds good but is actually only penalising the good guys, as the bad guys won't give a rat's fuzzy wotsit for the following rules anyway.

Are building standards being achieved?

Posted by momant on 12/12/2006 - 16:59

Probably not, but generally it doesn't show until a problem occurs or accident happens.

Lack of in-depth training and shortages of both properly qualified and experienced tradesmen and inspectors means that building standards can be ignored. The problems of training have been exacerbated by the ever-changing, often incomplete, regulations.

The building industry needs single (by trade) ladders of in-depth training leading to recognisable qualifications which clearly differentiate between the levels of training and experience. These qualifications need to be clearly understood by all clients (including the general public) and they need to be of sufficient quality to engender respect. Attainment of these qualifications needs to be as publicly recognised as, for example, A levels or university degrees. More carrots - fewer sticks.

Standards also need to be revised for greater simplicity and clarity.

More discretion should be allowed to skilled tradesmen and inspectors to encourage imaginative solutions.

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