Building Regulations Update – October 2015

Building Regulations Update – October 2015

 

The majority of the updated building regulations comes into force on 1^st October 2015. As with the last Part L changes, the transitional arrangements are for all applications made before this date, that start onsite before 1^st Oct 2016 will be assessed under the old Approved Documents. Going forward all of the updated Approved Documents should be followed. Start of work in the eyes of the department consists of the following:

• Excavation for strip or trench foundations or for pad footings;
• digging out and preparation of ground for raft foundations;
• vibro-floatation (stone columns) piling, boring for piles or pile driving;
• drainage work specific to the building(s) concerned.

General

The Legal Aid, Sentencing and Punishment of Offenders Act 2012 and the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 have removed the maximum fine limit of £5000 for prosecutions under sections 35 and 35A of the Building Act 1984 for breaches of the Building Regulations. New legislation enables the court to issue unlimited fines. This ruling came into force 12^th March 2015.

 

Approved Document E

There has been a very minor change to Part E with all guidance regarding sound within schools pointing to a building bulletin update, BB93:2003 to BB93:FEB2015. The update to ADE came into force on 6^th April 2015.

 

Approved Document G

Currently the maximum water usage per-person per-day is 125L in new dwellings. The proposal in October allows planning departments to decide on a reduced water allowance, bringing down the water usage down to 110L per-person per-day depending on local requirements such as proven water shortages etc. It is advised that the Building Control body requires a copy of the planning conditions for a new development to ascertain whether this is required or not.  

 

To go towards helping developers meet the water calculation requirements, there is to be a ‘Table of fittings’ provided in ADG that show what fittings will comply. Potentially, if the proposed plan states fittings mentioned in the AD, a requirement for a water calculation will no longer be required, depending of course what has been specified on plan matches what has been fitted onsite. In addition there is also a step-by-step calculation that can be followed by developers to enable them to provide their own calculation by inputting the details of their chosen fittings. 

 

Approved Document H

AD-H3 has an addition to the requirement to ensure that where any new dwellings are to be constructed in accordance with ADM, paved areas should be suitably drained free from storm water.

 

In addition, ADH directs building control bodies to assess bin storage in accordance with BS 5906:2005 Code of Practice for waste management in buildings to ensure that there is suitable spaces/enclosures for bins. Further advice/imagery is provided in NHBC Foundation report NF60.

 

 

 

 

 

Approved Document M

Part M has the largest change of all of the Approved Documents for October 2015. Ready…?

 

1. Approved Document M will be separated into two documents.

• ADM – Dwellings
• ADM – Commercial – Commercial guidance will remain the same.
   

1. ADM – Dwellings (M4) will be split into three separate sections.

• M4 (1) – Visitable dwellings
• M4 (2) – Accessible and adaptable dwellings
• M4 (3) – Wheelchair accessible dwellings
   
  The above options will be decided by the Local Authority Planning Department dealing with the permission for a new dwelling or a housing site. For example if there is a proposal for a new housing site, the planners will decide how many should be built under each of the above categories.  These numbers will change on a site by site basis. If the planning permission does not state a category, then it is assumed that there is no specific category for any of the dwellings and M4(1) should be followed for all.
   
  It will be duty of the client to inform building control to how many of each category is required for their new site, and in turn building control bodies will be required to check each dwelling category with the proposed plans using the revised Approved Documents.
   
  Example:
  Planners grant permission for a new housing site of 50 dwellings and decide that the following should be constructed:

• 35 – M4(1) properties
• 10 – M4(2) properties
• 5 – M4 (3) properties
   
  When receiving the construction plans it is advised that the building control body requests a copy of the planning permission to understand how many of each category is required.
   
  With the above numbers, building control must then check that the proposed plans for each dwelling are in compliance with the Approved Document (M4-1, M4-2 or M4-3) depending on the accessibility category of that dwelling.
  When issuing the initial notice it will be a requirement that the number of dwelling types under each category must be mentioned. In addition, on completion of the dwellings the housing site must not receive a final certificate if the planning permission has not been followed.
   
  What is the difference between the categories?
  Each category is an improvement on the last. This means that M4(2) incorporates further requirements over the ones explained in M4(1). Some examples of further requirements are bulleted below:
   
  M4(1) - Visitable dwellings
  Generally, M4(1) remains the same as current guidance for new dwellings.
   
  M4(2) - Accessible and adaptable dwellings
  Must meet the requirements set out in M4(1) and:
• All occupants of the housing development must be able to approach bin stores.
• Drainage for all paved areas must be installed with suitable falls to ensure there is no standing water etc.
• All flats are to be provided with a lift. (It may be agreed by planners that all Category M4(2) and (3) dwellings can be located on the ground floor of a block of flats to eradicate the installation of a lift).
• Dwelling must be provided with a provision for a future stair lift/lift. This will require a suitable power supply to the stairs etc.
• Principle living areas are to have low level windows no more than 850mm from the floor.
• Bedrooms must have minimum direct route to the window at least 750mm wide. This means that the rooms should be suitably sized to ensure that when a bed/wardrobe/drawers etc. are in place they will not be detriment to the width of the path to the window. Appendix D of the AD provides sizes of bedroom furniture that must be shown on the proposed plans when submitted for plan checking.
• Walls must be adapted to allow for future grab rails in bathrooms/around the stairs etc.
• Must be drainage provided for future level access shower room on the ground floor.
• Window handle lock to the ground floor level must be between 850mm and 1200mm.
   
  M4(3) - Wheelchair accessible dwellings
  Must meet the requirements set out in M4(1), M4(2) and:
• Scooter/wheelchair storage must be provided to all dwellings.
• Where there is a rise across the development over 300mm a stepped approach must be also be provided along with a ramp.
• Ramps must have an incline of no more than 1:15.
• Communal entrances – if power assisted doors are not going to be provided initially, provisions for the future must be installed such as power etc. This will also be required to every flat door.
• Bedrooms must have minimum direct route to the window at least 1000mm wide. This means that the rooms should be suitably sized to ensure that when a bed/wardrobe/drawers etc. are in place they will not be detriment to the width of the path to the window. Appendix D of the AD provides sizes of bedroom furniture that must be shown on the proposed plans when submitted for plan checking.
• Depending on the number of bedrooms provided in the dwelling specified space/storage must be provided.  For example a three bedroom house shout be constructed with 2.5m of storage space not including wardrobes etc.
• Provisions for through floor lift must be provided with power supply.
• Stairs are to be installed in accordance with the guidance followed for ambulant person’s stairs.
• Living spaces including bedrooms will have a minimum size.
• The kitchen worktop length will vary depending on the number of persons in each dwelling.
• All bedroom ceilings must be capable of taking a load of 200kg for possible future hoist requirement.
• Door entry systems will be required at the front entrance with answering systems at the head of the bed in the main bedroom and in the lounge.
   
  The above items are only a few of the requirements mentioned throughout ADM.
   
  What about ‘The code for Sustainable Homes’?
  With the addition of the amendments to ADM, the code for sustainable homes will be wound down leaving ADM as the only guidance on how to achieve standards for accessible housing. This means from Oct 2015 no reference to sustainable homes should be made. 
   
  Warm welcome to Approved Document Q
  This new AD targets security in new dwellings. The guidance points towards the advice provided in PAS24:2012 – Enhanced security performance requirements for door sets and windows in the UK stating that all doors and windows are to be installed in accordance with the advice stated in PAS24.
   
  The requirement will require confirmation that the doors and windows installed in a new dwelling will meet the performance targets set out in PAS24:2012 or alternatively a number of other requirements explained in the AD - Appendix B, for example:
• Doors to be fitted with a viewer, door chain and mechanically fixed as the manufactures installation guide.
• The door set should be manufactured from solid or laminated timber with a minimum density of 600kg/m3.
• Any panel in the door must be a min.15mm thick and suitably secured in place.
• The smaller dimension of panel must be no larger than 230mm in either width or height.
• Main front doors should be fitted with multipoint locking system.
   
   
   
  Food for thought
  With amendments being made in the Approved Documents; ask yourself the following?

• With a reduction of water usage in new dwellings and the general reduction of flow through our existing storm and foul water drainage, will we see any changes to Part H?
• With the changes to Part M being more directed at meeting planning requirements, will building control bodies be asked to check compliance of all planning conditions?
• Will there be any flexibility from a building regulations point of view? Approved Documents are guidance explaining methods of how the building regulations can be achieved. Does this mean that methods provided under each of the accessibility categories are strict rules and must be followed to ensure planning permission can be granted?
• How will the change to ADM4 affect ADB? With provisions for through floor lifts being provided, this will enable wheelchair users to use upper floors of a dwelling. How will means of escape be assessed in this situation?
   

How building control bodies and planning authorities could work together

The government’s on-going initiative to simplify new build housing regulation should see Building Control Bodies and Planning Authorities working closer together to apply the new ‘optional requirements’ that may be appropriate in respect of individual sites.

Following the Housing Standards Review, DCLG published a technical consultation document on 12 September 2014, part of the studies into:

• ‘Improving the energy efficiency of buildings and using planning to protect the environment’ and
• ‘Making the planning system work more efficiently’

The consultation exercise closed on 7 November 2014.

At Salus, Building Control and Fire Safety Consultants we welcome the government’s determination to simplify the standards that regulate house building in the UK and in ensuring that standards will be maintained and improved. We look forward to early interaction with Planning Authorities to apply any optional requirements considered appropriate.

The government has utilised the Deregulation Bill to amend the Building Act 1984 to enable Building Regulations to set ‘optional requirements’ which can be set at a level above the basic minimum requirement level contained in the Building Regulations 2010. These in turn can then be applied by Planning Authorities as planning conditions. Planning Authorities will have to complete a viability assessment to justify that the optional requirements are necessary. Building Control Bodies will then ensure that the optional requirements are delivered on site.

The next step, was for the Government to lay amendments to the Building Regulations 2010, these were released in March 2015 and these  include optional requirements relating to access (Approved Document M) and water efficiency (Approved Document G). It is also proposed to include a new mandatory security Building Regulation requirement to all new homes which will take the form of a new Approved Document.

Outside of the Building Regulation framework but within the above agenda a new standard is being taken forward relating to space which again can be referenced in planning policies. Unlike all other Building Regulation requirements the optional requirements will not be applicable across the board. They will only become applicable where the local Planning Authority has a plan policy in place that specifically triggers the application of the additional measures.

This could, therefore, create a situation of adjacent Planning Authorities asking for a higher standard of sustainability compliance from each other.

As part of the above proposals it is anticipated that the Code for Sustainable Homes assessment procedure will be wound down and BRE have launched a new voluntary sustainability standard for new homes to allow performance above minimum standards to be recognised.

Further revisions are then likely to update regulations relating to Conservation of Fuel and Power (Approved Document L) which may move the industry closer to the government’s original intention of delivering zero carbon homes by 2016. It is possible that we could see a situation of different levels of Part L compliance dependent upon the Planning Authority by applying the optional requirements procedure described above.

As new Approved Documents start to emerge, Salus will launch a series of update seminars for all concerned and work with all our clients to ensure a smooth transition into the new regulations, only applying any additional requirements as appropriate. Salus welcome early involvement in all projects and are happy to provide initial advice and guidance on any project without obligation.

Salus Approved Inspectors

Primea House

Marina Court

Maple Drive

Hinckley Leicestershire

LE10 3BF

Tel: 0333 800 5678

Info@salusai.co.uk

www.salusai.co.uk

Part L - Sap target review

The following summary is an extract from Insulation experts at Kingspan.

The Approved Documents for Part L aren’t quite with us, but SAP 2012 Appendix R, which provides the reference values used for producing the Target Emission Rate (TER) and Target Fabric Energy Efficiency (TFEE) is now available. These aren’t the levels actually required to pass, but they do set the target emission rate for the dwelling and also the target fabric energy efficiency level (less an adjustment of 15% on relevant benchmarks). Those elements used to generate the TFEE are marked below as (FEE).

The reference dwelling is again based on the actual dwelling, but with openings based on 25% of the Total Floor Area (TFA). This means:

• For dwellings with openings greater than 25% of TFA, it will be harder to pass.
• For dwellings with openings less than 25% of TFA, it will be easier to pass.

For the fabric of the dwelling, the references are:

• Walls 0.18 W/m²K. Designing to a poorer level will make it harder to pass overall. (FEE)
• Party walls 0.00 W/m²K. It will be harder to pass if not fully filling a party wall cavity or using a solid or structurally insulated panel  (SIP) party wall. (FEE)
• Floors 0.13 W/m²K. Designing to a poorer level will make it harder to pass overall. (FEE)
• Roofs 0.13 W/m²K. Designing to a poorer level will make it harder to pass overall. (FEE)
• Opaque doors Uw = 1.00 W/m²K. This makes it generally harder to pass than people are used to. Doable but good quality thermal openings required and using a poorer achieving product will make it harder to pass. (FEE). (NB Uw is a performance level for the whole opening including the frame, not just centre-pane).
• Half glazed doors Uw = 1.20 W/m²K, makes it generally harder to pass than people are used to.  Fairly good performance products required. (FEE)
• Windows and glazed doors Uw = 1.40 W/m²K (g-value of 0.63), which means a good performance emissivity  is required (0.05 En); This may provide an unintended benefit to anyone entering in a good U-window, but incorrectly assuming a higher g-value (more solar gains). Hopefully accreditation schemes will start asking assessors for more evidence for glazing. (FEE)
• Roof windows Uw = 1.40 W/m²K (+ adjustment factor of 0.3W/m²K for the inclination of the openings). This is an area where it’s not always obvious what plane a manufacturer has measured the roof window in, so it’s unclear whether or not the U-window needs to be adjusted or not.  (FEE)
• The Thermal Mass target is in as medium level (250 kJ/m²K); This may make it easier to achieve the TFEE for low thermal mass dwellings e.g. timber frame / Internally insulated / SIP’s dwellings and harder for high thermal mass ones. (FEE)
• Thermal bridging (FEE) – The targets set are for each junction (generally to the same level as approved details from Table K1, but several to default levels and with a few that are actually a lot tighter. Overall this will I think make it harder to pass. Possibly harder than may have been considered. Those just going ‘Default’ for thermal bridging will have to do a substantial amount elsewhere to compensate.

For other elements:

• Ventilation default is naturally ventilated – as expected.
• Air tightness for the reference dwelling is set at 5m³/m²/hr @ 50 Pa. The level below which Approved Document F suggests that mechanical ventilation systems should be considered.  (FEE)
• The boiler for the reference gas dwelling is in as a 89.5% efficient, room sealed, fan assisted, modulating burner control. This may make it easier for some to pass, harder for others.
• Heating controls – time and temperature zone control is now the reference for most dwellings (with the exception of single storey, with larger living areas e.g. flats). This may make it harder, but I’m aware that the definitions of controls are also changing in the building service compliance guides, so maybe not.
• A weather compensator is now assumed  for the reference dwelling (+3% boiler efficiency adjustment); So this will make it harder for dwellings not using one.
• Where the hot water providion is not specified, a Hot water cylinder default of 150 litres with a heat loss equivalent to 1.38kWh/day is set. This requires a fairly good level of insulation, but products are already in the market to meet it.
• A lighting target of 100% of fixed outlets being low energy lighting is set. This makes it harder to pass if not going to this level, but really, with the cost being much reduced and the performance much improved, these levels should be the goal moving forward.

Overall, the reference values are largely as expected, but it will be interesting to start looking at the numbers in more depth once software is available to model a few real world example dwellings

 

New Approved Documents A and C come into force; structural Eurocodes arrive

               
New Approved Documents to Building Regulations Part A (structure) and Part C (site preparation and resistance to contaminants and moisture) came into use in England on 1 October 2013.
While the Building Regulations themselves remain unchanged, the revised Approved Document for Part A signals the formal adoption of Eurocodes in place of British Standards for Structural Design, with the entire list of structural design standards now updated accordingly.

               
The changes in the two Approved Documents, follows a DCLG Circular (30 July) that acknowledges that structural designs are expected to be completed using the withdrawn standards for some years, and instructs Building Control bodies to accept that as an appropriate approach. At the same time, there is a warning that safety could be compromised if designs combine Eurocodes and the withdrawn British Standards in an inappropriate manner.
The most significant changes to the Approved Document for Part C reflect updated guidance on radon protection and revised radon maps that have increased the areas at risk. References to the Contaminated Land (England) Regulations and CDM Regulations are also updated.

Below is a detailed summary of the changes:

Approved Document A

Eurocodes
The most significant change to Approved Document (AD) A 2013 is the adoption of the Eurocodes in place of the withdrawn British Standards for structural design. The change affects every part of AD A, but is most obvious in section 1, where the entire list of structural design standards has been revised.
A DCLG circular letter (30 July 2013) acknowledges that structural designs will continue to be completed using the withdrawn standards for some years and instructs Building Control Bodies to accept that as an appropriate approach. However, it warns of a safety risk if designs inappropriately mix new and withdrawn standards. The letter includes a table of correspondences between the old and new standards.
Maximum building heightThe method for calculating the maximum height of a building set out in subsection 2C16 of AD A now follows BS EN 1991-1-4:2005. The basic steps are similar but there are some changes:

1. The wind speed map at Diagram 6, Figure 1 has been revised. Wind speeds to the East of England have generally come down (e.g. Norwich is now 22.5 m/s, from 24.5 m/s) while those to the West have increased slightly (e.g. Plymouth is now over 23.5 m/s, previously under 23 m/s)
2. The topographic zone has been replaced by an orographic zone. The definitions of the zones are largely unchanged, although on cliffs and escarpments zone 3 now extends for 1.5 times the slope length, instead of 1.2 times
3. Table a (Diagram 7) now gives Factor O. The three categories of slope have been expanded to four, by the addition of a category for shallow terrain (<1 3="" 6="" alternative="" an="" determining="" diagram="" factor="" figure="" for="" li="" method="" o="" offers="" slope="">
4. Table b – Factor A – has been extended to a maximum altitude of 500 m
5. In Table c – Maximum allowable building height – distances to the coast have been revised, with break points at 2 and 20 km, rather than 10 and 50 km. The maximum heights have been revised slightly upward.

Overall, it seems likely the revisions to the map will make conditions more onerous in the western parts of England and slightly less onerous to the East.
WallsWall ties for cavity walls must now conform to BS EN 845-1 (section 2C19 and Table 5) and ties must be type 1, 2, 3 or 4 to PD 6697:2010. The tie length requirements are unchanged. The recommended spacing of ties remains 900 mm horizontally and 450 mm vertically: alternative arrangements are permitted, providing there are at least 2.5 ties/m².
The minimum depth to the underside of strip foundations when building on shrinkable clays with plasticity index equal to or greater than 10% was 0.75 m in AD A 2004. The recommended minimum depth has been revised:

• Low shrinkage clay soils – 0.75 m
• Medium shrinkage clay soils – 0.9 m
• High shrinkage clay soils – 1.0 m.

Where wall cladding acts as pedestrian guarding, additional imposed loading must be taken into account at vertical drops of more than 600 mm in dwellings or at more than the height of two risers, or 380 mm, in other buildings.
Roof coveringsMaterials used to cover roofs must be capable of withstanding the concentrated imposed loads specified in BS EN 1991-1-1:2002. There is a new exemption for transparent or translucent covering materials which need not meet the loading requirement, provided they are not accessible for normal maintenance and repair, and are non-fragile or suitably protected against collapse.
The boundary for a significant change in loading on re-covering a roof is still 15%, but it is important to consider whether the roof covering being replaced is the original as-built covering.
Disproportionate collapseThe requirements for the prevention of disproportionate collapse of buildings (section 4) have been modified at several points:

• The building classes defined in table 11 are now referred to as 'consequence classes': the overall classification is unchanged
• It is now clear that buildings in consequence classes 2a and 2b require horizontal and vertical ties in addition to the measures required for buildings in consequence class 1
• The maximum area of floor at risk of collapse as a result of the notional removal of a structural element is now the smallest of 15% of floor area or 100 m² (up from 75 m²)
• When testing key elements, the accidental design loading of 34 kN/m² is now applied simultaneously with all other design loadings (wind and imposed loadings) rather than one third of such loadings.

Seismic design
A new section 5, seismic design, recommends that for buildings in consequence class 3 the risk assessment should consider whether seismic design should be undertaken.

Approved Document C

Radon protection
The guidance on radon protection has been updated to refer to the 2007 edition of BR 211 Radon: Guidance on protective measures for new buildings and the revised radon maps produced by the Health Protection Agency and the British Geological Survey. The maps show far more areas with a risk from radon.
Basic protection measures are required where 3-10% of homes are predicted to have radon above the Radon Action Level of 200 Bq/m³ and full protective measures where more than 10% of homes are predicted to be above the action level.
Other changesA number of minor changes have been made throughout AD C:

• Annex A (Guidance on the assessment of land affected by contaminants) has been withdrawn
• References to the Contaminated Land (England) Regulations and CDM Regulations have been updated to the latest versions, dated 2006 (amended 2102) and 2007 respectively
• References to standards and other documents have been revised
• References to Planning Policy Guidance Notes have been deleted and replaced by references to the National Planning Policy Framework.

Changes to Building Regulations and Repeal of Local Acts

Latest changes to Building Regulations, an explanatory circular and repeal of local acts

Significant Highlights are:

• Section 20 & 21 of the London Building Act is repealed
• 23 Local Acts in England are repealed – these predominately related to storage buildings over 7000M3 requiring additional fire safety measures, depending upon the relevant County.
• Removal of the Warranty link rule for new and converted dwellings in England

                            

Some changes come into force on 9th January 2013 however most are implemented on 6th April 2013.

The following hyperlink will take you to the Approved Documents where 2013 versions, under the relevant ADs, can be viewed.

http://www.planningportal.gov.uk/buildingregulations/approveddocuments/

and the hyperlink to the individual Approved Document amendment summary

http://www.planningportal.gov.uk/uploads/br/approved-documents-amends-list_2013.pdf

•             Appendix A sets out amendments to Approved Document B volumes 1 and volume 2.

•             Appendix B sets out amendments to Approved Documents L1A, L1B, L2A, L2B.

•             Appendix C sets out amendments to Approved Document M.

•             Approved Documents K and P have been replaced with new editions and Approved Document N has been withdrawn

Note: The outstanding issues from the consultation relating to the energy efficiency of Buildings, better targeting of Radon protection measures and the referencing of Structural Design based on Eurocodes have yet to be announced.

A technical update, to highlight the changes in full detail and other matters, will be published soon.

 

Salus Appointed by Eon for 5 year Community Energy Saving Programme

Salus are proud to have been chosen by Energy suppiers Eon to carry out the Approved Inspector Building Regulation role for the next five years. The Community Energy Saving Programme (CESP) targets households across Great Britain, in areas of low income, to improve energy efficiency standards, and reduce fuel bills. There are 4,500 areas eligible for this programme. CESP is funded by an obligation on energy suppliers and electricity generators and our role will be to oversee the external insulation upgrade on up to 15,000 properties per year.


CESP promotes a “whole house” approach i.e. a package of energy efficiency measures best suited to the individual property. The programme is delivered through the development of community-based partnerships between Local Authorities (LAs), community groups and energy companies, via a house-by-house, street-by-street approach. This partnership working allows CESP to be implemented in a way that is best suited to individual areas and coordinated with other local and national initiatives. Up to 400 schemes are expected, benefiting around 90,000 homes and saving nearly 2.9m tonnes of CO₂ emissions. CESP is expected to deliver annual average fuel bill savings for those households involved of up to £300.

Changes to the Energy Performance of Buildings Framework

Policy Update 1 – the new look domestic Energy Performance Certificate

Energy Performance Certificates have been in place since 2007. They provide an assessment of a building’s energy efficiency on an A-G scale and a set of recommendations that can improve the building’s energy efficiency.

Research has shown, however, that many consumers find it difficult to understand their Energy Performance Certificate. This is because it contains too much jargon and technical language, it is too long and the information is presented in a confusing way. This results in consumers not acting on their Energy Performance Certificate’s recommendations.

DCLG have therefore completely revised the domestic Energy Performance Certificate, taking account of research conducted by Consumer Focus last year.

The new look Energy Performance Certificate is shorter, uses plain English throughout and has a significantly improved design and layout.

Its primary focus is on the potential costs and savings of different energy efficiency measures, rather than CO2 emissions.

The revised Energy Performance Certificate also signposts consumers to the Green Deal, which is due be introduced later in 2012 and identifies those improvements which can potentially be funded through the Green Deal.


By making the Energy Performance Certificate a better product which is easily understood, it is hoped consumers are more likely to implement some or all of the recommended improvements, which could considerably reduce their fuel bills.

The new look domestic Energy Performance Certificate. - http://www.communities.gov.uk/documents/planningandbuilding/pdf/1790388.pdf