DCLG clarifies Equality Act replacement of DDA, Part M and 10 year exemption

Dclg has issued a circular relating to clarification of the The Equality Act 2010 in that it brings together and replaces existing equalities legislation including the Disability Discrimination Act 1995 (DDA).

The Equality Act 2010 harmonised existing provisions into a single streamlined framework of equalities legislation. In consequence, the Disability Discrimination Act 1995, referred to on page 7 of the 2004 edition of Approved Document M (AD M – Access to and use of buildings) has been repealed. The text of the Equality Act 2010 is available at the link below; http://www.legislation.gov.uk/ukpga/2010/15/contents


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.

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

However, service providers, public authorities carrying out their functions, and associations will continue to benefit from a 10 year exemption, from the date of completion, from the need to make reasonable adjustments to those physical features which comply with the requirements of Part M, in certain circumstances, as described below.

This is not a blanket exemption from duties under the Equality Act, and relates only to those specific features built in accordance with AD M (ramps to facilitate access being one such example). As with all other types of building work, service providers will still need to consider the needs of disabled people which are outside the scope of AD M but which would be subject to specific duties under the Equality Act.
The full content of the explanitary circular is below:

http://www.communities.gov.uk/publications/planningandbuilding/divletterequalitiesact

Building Regulations - Renovation of Flat Roofs gets revision and Extension to Competent Persons Scheme.

DCLG have issued a common sense revision to the definition of renovation relating to flat roof repairs, due to the realisation that the addition layer repair is somewhat impractical and unenforceable.

The previous definition related to adding a new layer as part of a repair to existing flat roofs over 25% which triggered the Part l upgrading expectation.

The Building (Amendment) Regulations 2011 now make it clear that where flat roofs are repaired by the addition of a layer to the existing layers over 25% of the roof area will NOT require an upgrade to the thermal properties.

A repair of this nature will no longer fall within the definition of 'building work' in Regulation 3 (1) of the Building Regulations. It will not be notifiable building work.

They also make it clear these changes do not affect the upgrading expectation relating to pitched roofs or where flat roofs are altered by the removal and replacement of layer(s).

Comes into effect 15th July 2011.

In addition a new category of the Competence Persons Scheme relating to replacement windows, rooflights and doors within buildings that are NOT dwellings. There are some exceptions such as load-bearing glass, display windows, glazed curtain walling and revolving glass doors.

PROPOSED CHANGES TO THE ENERGY PERFORMANCE OF BUILDINGS REGULATIONS

DCLG have proposed changes to make Commercial EPCs more visible and make compliance more enforceable.

The changes to the EPB Regulations can be summarised as follows:
The changes will extend the current requirements to commission an EPC that apply to residential buildings to all buildings sold or rented out;
The requirements for the provision of an EPC with written particulars are extended to all buildings sold or rented out and the option to attach the asset rating is removed; and
The regime for lodgement of EPCs and DECs on the Register is extended to air conditioning inspection reports.
There are also changes to:
2.Commissioning an EPC before marketing
3.Power to Require the Production of Documents
4.Clarifying when an EPC is required
5.Consequential changes
6.EPC Information in Written Particulars

The changes described in paragraphs numbered 2 to 4 above will have effect in relation to properties marketed after the expected coming into force date of 1st July 2011.
The change described in paragraph 6 will have effect in relation to properties marketed after of 1st October 2011.

for more details e mail - paul.meadows@salusai.co.uk

Leicester Gets a New Speedway Stadium

The UK's first bespoke Speedway stadium for over 20 years opened it's doors last month to a capacity crowd of 4,500. The £1.2m Scheme, which we acted as Building Control Approved Inspectors becomes the home of the Leicester Lions. Local Architect and Managing Director of Leicester Speedway, David Helmsley was on hand to enthuse his passion for this, his personal project.

The opening of the speedway stadium completes the first stage of the £4.5m Beaumont Sports Complex which will see the development of a new community sports and education centre along with 12 five-a-side football pitches, a BMX track and a cycling velodrome.

Stuart Power and Ali Neishaboori worked closely with David throughout the design and development of the stadium to deliver a comprehensive and cost effective Building Regulation compliant development.

Salus Approved Inspectors wishes Leicester Lions the best of luck for the coming Speedway season, perhaps the NKOTB will give their local rivals a run for their money.

Welsh Sprinklers gets the Nod!

7th April 2011 at the Court of Windsor Castle, Her Majesty in Council approved the measure of the National Assembly of Wales proposals for Domestic Fire Safety (Wales) 2011

Wales comes closer to compulsory residential sprinklers -

Last month the Welsh Assembly voted unanimously to introduce residential sprinklers into New housing in Wales, it awaits Royal Approval, from the privy council on 7th April for it's ultimate implementation. Upon this all new or conversions into houses, flats, care homes, houses in multiple occupation, etc, will expect this provision. The actual implementation method has yet to be clarified, since Building Regulations are currently applicable to both England and Wales. Perhaps the implementation may be through some form of Local Enactment..watch this space!

Building Regulations take a rest!

Looking a the CLG's plans following the publication of the 'Future of Building Control' it looks likely there will not be any changes in 2011, possibly not even 2012. The likely changes for 2013 are Part A (structure) following the Eurocode publications and Part C (site preparation resistance to contamination and moisture) from ongoing health risk concerns from Radon Gas. It seems likely we will lose Part D as the offending insulant is not used in cavity walls. Part L and F are part of the 3 yearly cycle to meet the Energy and Climate change Acts. Other areas likely to be consulted upon are Part K (stairways, etc,) Part M (access to dwellings), Part N (glazing)and the effectiveness of Part P (electrical safety)in ways to reduce regulations by competent persons.
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