Consultation on the Building Regulations
The Department for Communities and Local Government (CLG) is currently consulting on revisions to the Building Regulations. Section One includes proposals on Parts A (structure), B (fire safety), C (resistance to contaminants and moisture), K (protection from falling), M (access) and N (glazing safety), access statements, security, changing places toilets and Regulation 7 – relating to a new publishing style for approved documents. Section two outlines proposals to increase the energy efficiency of buildings – Part L. Sections three and four contain proposals on electrical safety in homes and changes to the building control system.
Responses can be provided up until 27 April, although responses to the energy efficiency proposals are invited by 27 March in order that changes might support the development of the Green Deal proposals. CLG intends that the provisions relating to energy efficiency dealt with in Section two of the consultation package will be phased in to coordinate with the introduction of the Green Deal. The Department of Energy and Climate Change is planning for the Green Deal framework to be in place in October 2012.
The deregulatory proposals in the consultation will come into force in April 2013 and proposals with a regulatory impact will come into force in October 2013.
Since the publication of the consultation, there has been widespread concern expressed in the industry press about the potential effectiveness of the proposed changes to Part L, and the lack of evidence on the effectiveness of the existing Part L, despite non-domestic buildings being subject to a consequential improvements provision since 2006. Industry experts have commented that loopholes in the regulations and lax building controls would likely lead to widespread avoidance.
Current Position
The Association was asked to assist in a feasibility exercise regarding the introduction of new requirements for Consequential Improvements, based on its knowledge and experience with the existing requirements of ADL2B which requires owners of certain non domestic buildings to carry out further energy saving activities over and above the work being carried out.
It is understood that Ministers are very keen to see the concept of Consequential Improvements being applied to all domestic building and refurbishment work in the future. B&ES will continue to work closely with DCLG officials to ensure members’ interests are at the fore.
The Association has been working with other industry organisations to raise non-compliance issues with the Department for Communities and Local Government. It is also lending its support to the UK Green Building Council Carbon Reductions in Existing Non-Domestic Buildings, which is campaigning for Display Energy Certificates to be a requirement for all non-domestic building occupiers, as the most practical way of highlighting potential energy and cost savings in commercial buildings.
The Association continues to warn Government that lack of rigour over enforcement of the Building Regulations is jeopardising the prospects of the UK achieving its carbon reduction targets. In particular, Government’s failure to adequately to promote compliance with the Energy Performance in Buildings (EPBD) regulations – coupled with inadequate resourcing of local authority building control departments – remains a major concern.
Next steps
The Association will be submitting a detailed response to the consultation and continuing to warn that non-compliance with the regulations, however they may be changed, is likely to remain an issue until Government takes a proactive stance to deal with offenders. B&ES will continue to press for enforcement but progress appears unlikely while Government maintains its current position on ‘light touch’ regulation.
Contact
For more details e-mail Bob Towse
