Building Regulations – 2013 Review

1. Building Regulations – 2013 Review CIC Seminar - 26th October 2010

2. Context • New Ministers, new priorities: • Decentralisation, Localism and the “Big Society” • Smaller role for Government • Empower the individual • Deregulate and streamline wherever possible • Regulate only when essential after all other options rejected • Regulation must be effective and deliver what it sets out to do • Increased compliance • Greenest Government ever • Reduce burdens to business • One-In-One-Out • Independent scrutiny of evidence base

3. Review • Key objectives • Improve Compliance • Reduce Burdens • Embrace “Localism” and the “Big Society” • Drawing upon: • Previous work such as the Future of Building Control • Our Building Regulations-focused invitation for ideas/views/ evidence – c200 responses (half system/half technical) • Evidence from other exercises – Your Freedom etc • Correspondence, enquiries and other forms of engagement with business partners, householders etc • International Comparisons – research, CEBC etc

4. Responses so far • Building Regulations Exercise • Over 200 responses (plus c600 as part of campaign for inclusion of Changing Places) but not a lot of unexpected issues or suggestions (not surprising given our ongoing dialogue with partners) • A key finding – the regime’s not perfect, there are things we can improve, but it’s in pretty good shape • Cut Red Tape Exercise attracted little Building Regulations-related comment • Your Freedom Website • Attracted responses more from the public and individuals within industry • A more deregulatory tone. Large-scale support for abolishing Part P or reducing cost of compliance • A questioning of the role of regulation and its scope eg why do we control what people do in their own homes (eg water temperature)

5. Building Control System • Key objectives: • Improve Compliance / Reduce Burdens / Embrace “Localism” • Key Questions • Can we rely solely on the person carrying out the work to comply with the standards in the Building Regs without any form of check on the work or competence requirements? • Or should there be a mechanism for helping to ensure compliance? • If so, should this be via the Building Control system? (ie 3rd party check by Building Control Bodies, self-certification by Competent Persons) • Or some alternative mechanism, such as compulsory insurance or by requiring all builders to be registered?

6. Building Control System • If the Building Control system is retained in some form, how best to strike the balance between ensuring that the system is less onerous yet achieves the objectives of more compliant buildings? • What changes might be needed? • How do we incentivise people to comply? Carrots (eg lower BC charges) vs sticks (eg bigger fines) • LA vs private sector BC? Licensing of BC? • More self-certification? • What is the scope for linking with other regimes? • What is industry’s role? Verification of compliance? Appointed Persons? Data/evidence collection? • What are the priorities? Short-term vs long-term?

7. Emerging Technical Issues • General acceptance that we need to regulate for health, safety, welfare and sustainability in buildings (but some feeling that they were most robust when focusing on heath and safety). • Some concern about the increasing complexity of the technical provisions (particularly in relation to Part L which we received the most comments on). • Some suggestions that these increasingly complex provisions were acceptable for some types of project, but not smaller building, in particular household extensions etc. • Despite this there were not a large number of suggestions about areas for deregulation/streamlining of the non-Part L technical Parts.

8. Emerging Technical Issues • Beyond Part L, Part M raised most comment (52 responses). • Other Parts attracting significant number of responses were Parts B, A, P, F and G. • Part M is an interesting example of conflicting pressures we face though: • There was significant pressure for it to incorporate provision in relation to Lifetime Homes and Changing Places. • However, such provision would come at a cost. • There was also some concern about its existing complexity. • And concern about whether it was complied with in practice. • And numerous other specific suggestions for improvement.

9. How can you help? • First we would ask you to think about: • Deregulation, Better Regulation and the Building Control System • Are there Parts or elements of Parts that can be removed? • Is the guidance in the Approved Documents at the right level? • How can we amend the system to improve compliance and reduce the burdens? • What alternative approaches to regulation might work? • What is the role for industry?

10. How can you help? • Then we would ask you to think about: • Additional things we really must consider regulating for in 2013 • Ministerial priorities, other key drivers incl management & maintenance – ensuring Regs and supporting guidance reflect latest technologies, building practices & standards, and that they are operating as intended. • Responding to wider environmental issues – eg climate change adaptation issues - overheating, more extreme weather conditions, flood resilience etc. • Implementing EU legislation – eg the recast of Energy Performance of Buildings Directive and the Construction Products Regulations.

11. Next Steps • Consider • Evaluate • Prioritise • Announcement around end of the year on what measures being taken forward for detailed evaluation • Consultation late 2011 • Finalised package for late 2012 • Implementation 2013 • Possibility of earlier implementation of some aspects (eg if taking forward some procedural changes already consulted on)