ACSS511 Statutory Control Lecture 28/02/12

Editor's Notes

• #5: We are primarily concerned with the operation of a system referred to as ‘building control’. In essence this refers to the statutory control of building work to ensure compliance with adequate levels of performance. The required levels of performance are detailed in the Building Regulations. The fundamental purpose of the Building Regulations is to ensure that buildings are safe and healthy places for all users, including disabled people. The regulations also govern sanitary provision and seek to restrict energy usage. Most types of building work (other than certain exemptions) are covered by the building regulations. This includes new buildings, extensions, alterations and some changes of use. The builder or developer is required by law to ensure compliance with the regulations. Compliance is demonstrated by means of an independent check on the building work. This check can either be undertaken by the local authority or a private approved inspector. Failure to comply can lead to enforcement action being taken against the builder or developer through the magistrates’ courts.
• #7: The main source of primary legislation is the Building Act 1984. The Building Regulations (and other sets of regulations) are made under powers contained in the Building Act, and as such they constitute secondary legislation. The legislation is supported by non-mandatory technical guidance, which may be government approved (as in the case of Approved Documents) or guidance from other non-governmental sources such as British Standards, European Standards, and Technical Approvals.
• #8: The legislation from which the system of building control is derived is the Building Act 1984, which received Royal Assent on 31 Oct 1984, and came into effect on 1 Dec 1984. The act consists of five parts: Part 1 (Sections 1-46) The Building Regulations The principal provisions governing the application and implementation of the Building Regulations. Part 2 (Sections 47-58) Supervision of Building Work etc. other than by a local authority Provisions for supervision of building work by an approved inspector Part 3 (Sections 59-90) Other provisions about buildings Provisions dealing with matters such as drainage, sanitary conveniences, water supply, demolition etc. Part 4 (Sections 91-131) General Duties and powers of local authorities in relation to documentation, entry to premises, appeals, compensation etc. Part 5 (Sections 132-135 plus seven schedules) Supplementary Various miscellaneous provisions and schedules referred to in the act. Note: The act has been amended several times since it came into force.
• #9: Under Section 1 of this act the Secretary of State is empowered “... to make regulations with respect to the design and construction of buildings...” for the following purposes: To secure the health, safety, welfare and convenience of people in or about buildings Furthering the conservation of fuel and power Preventing waste, misuse or contamination of water
• #10: The legislation from which the system of building control is derived is the Building Act 1984, which received Royal Assent on 31 Oct 1984, and came into effect on 1 Dec 1984. The act consists of five parts: Part 1 (Sections 1-46) The Building Regulations The principal provisions governing the application and implementation of the Building Regulations. Part 2 (Sections 47-58) Supervision of Building Work etc. other than by a local authority Provisions for supervision of building work by an approved inspector Part 3 (Sections 59-90) Other provisions about buildings Provisions dealing with matters such as drainage, sanitary conveniences, water supply, demolition etc. Part 4 (Sections 91-131) General Duties and powers of local authorities in relation to documentation, entry to premises, appeals, compensation etc. Part 5 (Sections 132-135 plus seven schedules) Supplementary Various miscellaneous provisions and schedules referred to in the act. Note: The act has been amended several times since it came into force.
• #12: The power to make regulations is exercisable by Statutory Instrument . A statutory instrument is a form of legislation which allows the provisions of an Act of Parliament to be brought into force or (importantly in this context) altered, without having to pass a new Act.
• #13: The current regulations are The Building Regulations 2000 . In effect the regulations constitute the statutory instrument which brings into force the requirements of the Building Act 1984. There are other statutory instruments alongside the Building Regulations which bring into force other aspects of the Act. These cover such aspects as the requirements relating to Approved Inspectors and the rules about charges for building control services.
• #14: In simple terms the Building Regulations apply to: Building Work A material change of use
• #15: Meaning of “building work” The term covers the following: The erection or extension of a building , including putting up a new building, extending an existing building (including loft conversions) and rebuilding. The material alteration of a building , which covers work which would result in a building not complying with the requirements where it previously did. E.g. removal of part of a loadbearing wall, or removal of part of a wall which has a fire protection function The provision of controlled services and fittings , including washing and sanitary facilities, hot water cylinders, drainage and waste disposal, replacement windows, and fuel burning appliances.. The insertion of insulation into a cavity wall Underpinning the foundations of a building
• #16: Meaning of “a material change of use” The term covers the following: The building becomes a dwelling where it previously was not. The building will contain a flat where previously it did not. The building becomes a hotel or boarding house where it previously was not. The building becomes an institution where it previously was not. The building becomes a public building where it previously was not. The building was previously exempt from control but is no longer exempt. The building, which contains at least one dwelling, contains a greater or lesser number of dwellings than it did previously The purpose of this provision is essentially to cover circumstances where certain requirements only apply to particular types of building. E.g. some requirements of the building regulations relate specifically to dwellings, so when the use of a building changes to become a dwelling the requirements of the Building Regulations can be enforced.
• #17: Exemptions There are various classes of building and types of building work which are exempt from control. Exemption may be under the terms of The Building Act 1984, or it may be under Schedule 2 of the Building Regulations. Exemptions under the Building Act 1984 Crown buildings: this is derived from the fact that statutes do not bind the Crown unless specific provision is made. Statutory undertakers and public bodies: buildings occupied by organisations such as the Civil Aviation Authority and the UK Atomic Energy Authority. NB: Educational buildings: the Building Act 1984 originally exempted schools, but subsequent legislation has effectively removed this exemption. Exemptions under Schedule 2 of the Building Regulations The schedule sets out seven classes of building or work which are exempt: Class I : Buildings controlled under other legislation Buildings subject to the Explosives Acts Buildings covered by the Nuclear Installations Act 1965 Buildings scheduled under the Ancient Monuments and Archaeological Areas Act 1979 Class II: Buildings not frequented by people Detached buildings into which people cannot or do not normally go. Detached buildings containing plant and machinery (both subject restrictions in terms of distance from boundary and distance from other buildings) Class III: Greenhouses and other buildings Greenhouses Buildings used for agriculture, provided not used as a dwelling, and subject to restrictions in terms of distance away from buildings containing sleeping accommodation and provision of fire exits. NB: Does not include these types of building if used for retailing, packing or exhibiting. Class IV: Temporary buildings Buildings which will not remain for more than 28 days Class V: Ancillary buildings Sales offices on new housing developments Site buildings on construction sites, quarries and mines. Class VI: Small detached buildings Detached single storey buildings of up to 30 m2 with no sleeping accommodation and either more than 1 metre from boundary or constructed substantially of non-combustible materials. Nuclear shelters of up to 30 m2 Detached buildings not exceeding 15m2 floor area which do not contain sleeping accommodation. Class VII: Extensions Conservatories, porches and carports with a maximum floor area of 30m2 (subject to glazing complying with Part N)
• #19: It is important to appreciate the nature of the Building Regulations and the way they are expressed. It is a common misconception that the Building Regulations actually tell us how to construct buildings. In actual fact the regulations are very short and simple and contain no technical detail.
• #20: When the term ‘Building Regulations’ is used what most people are referring to is Schedule 1 of the Building Regulations 2000. This schedule sets out the requirements of the regulations in fourteen parts (A-P, not including I): Part P, covering electrical safety, came into effect on 1 January 2005.
• #21: The requirements set out in Schedule 1 simply state the broad objectives or functions which the building design and construction is expected to achieve. They are typically expressed in terms of what is ‘reasonable’, ‘adequate’ or ‘appropriate’