local authority requirements

1. local authority requirements Presentation to The Chartered Instituteof Loss Adjusters by Colin Dair Tom Crombie Kenneth Veitch ofCRGP Limited Architecture | Building Surveying | Quantity Surveying | Project Management | CDM Co-ordination Glasgow and Invernesswww.crgp.co.uk

2. local authority requirements Buildings Insurance Local Authority Requirements Typical clause from domestic policy Architecture | Building Surveying | Quantity Surveying | Project Management | CDM Co-ordination Glasgow and Invernesswww.crgp.co.uk

3. local authority requirements Typical Home Insurance Local Authority Requirements We will pay for the extra cost of rebuilding or repairing the damaged part of the building only if this is necessary to keep to any governmentorlocal-authority requirement. Architecture | Building Surveying | Quantity Surveying | Project Management | CDM Co-ordination Glasgow and Invernesswww.crgp.co.uk

4. local authority requirements Damaged Parts Extra cost of rebuild/repair if this is necessary to keep any Government or Local Authority requirement – only to damaged parts. Architecture | Building Surveying | Quantity Surveying | Project Management | CDM Co-ordination Glasgow and Invernesswww.crgp.co.uk

5. local authority requirements • Government / Local Authority Requirements • Planning Permission • Building Warrant • Listed Buildings • Disability Discrimination Act • HSE – CDM 2007 • Energy Performance Certificate • Environmental Health • Focus today on Planning Permission and Building Warrant Architecture | Building Surveying | Quantity Surveying | Project Management | CDM Co-ordination Glasgow and Invernesswww.crgp.co.uk

6. local authority requirements • Planning Permission • Development in Scotland currently controlled by The Town and Country Planning (Scotland) Act 1997. • Process : • Consultation and Confirmation • Outline Planning Permission • Full Planning Permission • Refusal • Life of Consent – 5 years from date of consent Architecture | Building Surveying | Quantity Surveying | Project Management | CDM Co-ordination Glasgow and Invernesswww.crgp.co.uk

7. local authority requirements • Planning Permission • Development in Scotland currently controlled by The Town and Country Planning (Scotland) Act 1997. • Two forms of development defined • Form 1) • Development involving the carrying out of building operations on land, defined as • “Carrying out of building operations or making material change of use.” • Building operations include : • demolition • rebuilding • material changes to external appearance Architecture | Building Surveying | Quantity Surveying | Project Management | CDM Co-ordination Glasgow and Invernesswww.crgp.co.uk

8. local authority requirements • Planning Permission • Development in Scotland currently controlled by The Town and Country Planning (Scotland) Act 1997. • Two forms of development defined • Form 2) • Development not constituting new development, defined as: • rebuilding of any building which was in existence on 01/07/1948 • rebuilding of any building erected after 01/07/1948 which was in existence at a material date with no enforcement taken within the 4 year period allowed • works which do not materially affect the external appearance of the building Architecture | Building Surveying | Quantity Surveying | Project Management | CDM Co-ordination Glasgow and Invernesswww.crgp.co.uk

9. local authority requirements • Planning Permission Case Study • Non-Traditional Weir Timber House, standard house built 1960’s • Easy to replicate - • weather boarding • timber windows • concrete tiles to roof • Speak to Planning Department – • “No need for application if put back like for like” • Confirmed in writing. • Timeframe if PP required = ?? Weeks/months Architecture | Building Surveying | Quantity Surveying | Project Management | CDM Co-ordination Glasgow and Invernesswww.crgp.co.uk

10. local authority requirements • Building Warrant • A Local Authority Building Warrant is required prior to carrying out building operations. • Each Local Authority has the duty to assess the proposed operations against the Central Government controlled Building (Scotland) Regulations (2004). • Compliance with these Regulations is mandatory • ---------------------------------------------------------------------- • Guidance as to how compliance may be achieved is contained in two technical handbooks that accompany the regulations. • These are the : • Domestic Technical Handbook • Non-domestic Technical Handbook Architecture | Building Surveying | Quantity Surveying | Project Management | CDM Co-ordination Glasgow and Invernesswww.crgp.co.uk

11. local authority requirements Building Warrant Domestic Technical Standards Handbook content : Section Matters covered 0 – General Definitions and application of the regulations 1 – Structure Foundations, wall and roof 2 – Fire Protection, escape, fire spread 3 – Environment Drainage (inc. flood assessment, heating and ventilation 4 – Safety Access and electrical 5 – Noise Sound transmission performance 6 – Energy Efficiency and CO2 discharge Architecture | Building Surveying | Quantity Surveying | Project Management | CDM Co-ordination Glasgow and Invernesswww.crgp.co.uk

12. local authority requirements • Building Warrant • Works not requiring a Warrant are defined in the regulations and include : • erection, demolition or alteration of non-loadbearing walls • electrical Work • works to en suite or main bathrooms • installation of central heating • Note that Warrant is required for : • small scale structural alterations • work involving a change to waste water discharge Architecture | Building Surveying | Quantity Surveying | Project Management | CDM Co-ordination Glasgow and Invernesswww.crgp.co.uk

13. local authority requirements • Building Warrant • Points to note : • The regulations and the Technical Handbooks are complex documents open to interpretation between differing Local Authorities and (sometimes) between Local Authority Building Standards surveyors • If not possible to achieve full compliance early consultation with Local Authority is required • Appeal to the Scottish Government Directorate for the Built Environment in the event of a stalemate with Local Authority • Confirm all agreements in writing Architecture | Building Surveying | Quantity Surveying | Project Management | CDM Co-ordination Glasgow and Invernesswww.crgp.co.uk

14. local authority requirements • Building Warrant Case Study • A semi-detached Weir Timber House with superstructure demolished as a result of fire. • The clue to the construction is in the name, Timber House • External walls constructed of : • timber vertical weatherboarding, on • felt, on • 50 x 22 bearers, on • 75 x 50 stud frame • 10 plasterboard insulation, between studs • 10 plasterboard lining Architecture | Building Surveying | Quantity Surveying | Project Management | CDM Co-ordination Glasgow and Invernesswww.crgp.co.uk

15. local authority requirements • Building Warrant Case Study • Original House • List of non-compliances : • external walls – structure and insulation • loft – insulation • fire separation • level entry • no downstairs WC Architecture | Building Surveying | Quantity Surveying | Project Management | CDM Co-ordination Glasgow and Invernesswww.crgp.co.uk

16. local authority requirements • Building Warrant Case Study • Pre Application discussion with Building Control established : • OK to retain existing foundations and underbuilding • Acceptance of external wall insulation being improved as much as possible by slight increase in wall thickness due to structural requirements with high performance insulation and ground floor and with attic insulation being fully compliant • Acceptance that given the size of house the introduction of a downstairs WC with potential for future shower was not practical • Acceptance that it was not practicable, due to existing ground levels, to introduce level entry • Full compliance with other Building (Scotland) Regulations was required Architecture | Building Surveying | Quantity Surveying | Project Management | CDM Co-ordination Glasgow and Invernesswww.crgp.co.uk

17. local authority requirements • Building Warrant Case Study • Building Warrant was applied for setting out reasons why certain regulations could not be complied with • Local Authority accepted the reasons for non-compliance • Building Warrant issued • Local Authority Building Completion Certificate applied for on completion of the works Architecture | Building Surveying | Quantity Surveying | Project Management | CDM Co-ordination Glasgow and Invernesswww.crgp.co.uk

18. local authority requirements Building Warrant Case Study In this case the policyholder accepted a slightly smaller house – thicker walls on existing footprint. What if policyholder did not accept a smaller house? Is a BW required – carefully consider the questions and the implications of the answers before proceeding. Timeframe – generally not as long as PP but certainly not a quick process as you are in the hands of the Council staff. Architecture | Building Surveying | Quantity Surveying | Project Management | CDM Co-ordination Glasgow and Invernesswww.crgp.co.uk

19. local authority requirements Further Information CRGP would be pleased to provide further information and advice on statutory compliance subjects, such as CDM 2007, or indeed any aspect of buildings reinstatement projects. Contact : Colin Dair or Kenneth Veitch 0141 418 7620 colin.dair@crgp.co.uk or kenneth.veitch@crgp.co.uk www.crgp.co.uk Architecture | Building Surveying | Quantity Surveying | Project Management | CDM Co-ordination Glasgow and Invernesswww.crgp.co.uk