Proposed Changes to Building Regulations, Parts A, B, C, K, M, N, P, Access Statements, Security, Changing Places and Regulation 7

Coming into effect April 2013..The governments consultation relating to the proposed changes to the above closed on 27th April 2012, below is a summary of these changes:

Part A - To align with the Euro code documents, references to British Standards removed, Euro codes added, However, since the British Standards are unlikely to become significantly outdated, until sometime after 2015, BS designed projects could still be used to demonstrate compliance, probably considerably longer for small scale developments.

The most significant changes to the technical guidance relating to area of risk for Disproportionate collapse and to winds speed maps orographic zones.

Considerations for amending guidance on strip foundations, measuring the effects of recovering roofs against the covering the roof was originally designed for, in addition where roofs are recovered 15% lighter (or more) to account for increase possibility of uplift. The remaining changes are very minor.

Part B and changes to Local Acts -

Surface spread of Flame to decorative wall coverings presently most non domestic wall coverings are rated as Class 0, however under the European classification they would likely be rated as Class C, therefore limiting their acceptability. The table is to be amended to ensure that there is no disadvantage.

Changes to the restrictions on TPb lighting diffusers to recognise their lighting efficiency qualities whilst not compromising fire safety.

Local Acts, It is proposed to repeal all fire related local acts such as Leicestershire, Merseyside, Berkshire, Hampshire, etc. There are minor sections repealed relating to the London Building Act, but in general no changes in respect of requirements to incorporate additional measures to tall buildings, etc within inner London.

Part C - incorporation of Radon maps is the most significant change proposed.

Parts K, M and N. there are area where duplication and contradicting guidance exist within these Approved Documents, it is therefore proposed to incorporate Parts K and N into one - a new look Approved Document K- to be retitled  Protection from falling, collision & impact and Safety glazing. Approved Document N will be withdrawn. Changes to Part M will be through an amendment slip rather than a new Approved Document.

There is a clarifying statement proposed to delete all previous text relating to The DDA and introducing the effect and separation between Part M and The Equality Act 2010 and the Disability Regulations 2010.
The Guidance within Approved Document M, where followed, tends to demonstrate compliance with Part M of the Building Regulations, this is not necessarily compliance with obligations under the Equality Act. This is because service providers and employers are required by the Equality Act to consider any feature which might place a person at a substantial disadvantage. This might include designing or adjusting features which are outside the scope of Part M.

The 10 year exemption for associations and service providers from the duty to make reasonable adjustments is provided the features are in accordance with the objectives, design considerations and provisions within the edition of Approved Document M applicable at the time building work was carried out. The text goes on to stress that this is not a blanket exemption from the duties under the Equality Act and that the exemption is from making reasonable adjustments where built in strict accordance with AD M and that service providers will still need to consider the needs of disabled features which are outside the scope of AD M and that it is applicants, not building control bodies to determine how these obligations are met. It should also be noted that the exemption for employers was revoked in the 2004 Approved Document M guidance.

Access statements are being clarified that they are part of submissions to demonstrate compliance that varies from that within the Approved Document, the remaining matter cover minor amendments to the text and some diagrams.

Domestic Security - There are currently no requirements for Domestic security, the consultation considered this inclusion, however it is likely to be deferred, relying upon individuals to determine the extent of security measures, based upon individual circumstances and localised crime.

The Clg recognises the value of changing places for people with profound and multiple disabilities, and asks whether the guidance within the new approved Document should ENCOURAGE increased inclusion.

Regulation 7 is to be amended to give confirmation that it applies across all parts of the Building Regulations, clarifies the distinction between materials and products, encouraging the CE marking, but not making this mandatory.

Part P and the competent persons scheme is also being reviewed with a possibility to follow a similar route to Gas Safety or competence based upon individual competence rather than the formal Part P scheme which can deter individuals.

2012 Consultation - proposed changes to the Building Control System

The governments consultation relating to the proposed changes to the Building control System closes on 27th April 2012, the upshot is an improvement to efficiency in the system and encouraging developers and interested parties to take a greater responsibility, listed below is a summary of the proposals:

• To require local authorities to issue completion certificates (where work complies) and within a specified period, proposed at not more than 8 weeks.
• Amending the wording on completion/ final certificates to make it clearer of the effect of such certificates.
• Replacing Local Authority statutory notifications with a service plan concept agreed between the LA and person carry out the work.
• Removing the requirement for a Warranty provider where Approved Inspectors are the Building Control Body for new and converted developments for sale or rent.
• Extending the time limit for Local Authorities to prosecute from two years to three and extending the time limit from 6months to 1 year from the time that sufficient evidence to be available.
• Increasing the fine for prosecutions (currently level 5 - £5000 each)..amount yet to be decided.
• Extending the time limit to rectify contraventions from 1 year to 3.
• Introduction of Civil sanctions for contraventions, including fixed monetary penalties, Variable monetary penalties, Compliance notices, Restoration notices, stop notices and enforcement undertaking.
• Extending further the competent persons schemes framework - particularly to support the introduction of the Green Deal, in addition possibly introducing specialist third party certification, on example being considered is the Structural Engineers Register.
• And Finally there is consideration being given to introducing Appointed Persons on a voluntary basis to act as an interface between on site construction and Building Control.