Consultation on Building Standards compliance and enforcement

Consultation on Building Standards compliance and enforcement

Building Standards Division (BSD), is developing a national Compliance Plan approach to provide greater assurance that compliance with building regulations is achieved from design to completion.

This consultation seeks to obtain the views on the development of a new Compliance Plan Manager role within the building standards system which will apply to specific High Risk Building (HRB) types, the definition of these HRBs and the level of fines where work is not carried out in accordance with the regulations.

This consultation forms part of the work undertaken by the Compliance Plan Working Group, which is one of seven work streams, being directed by the Building Standards Futures Board.  The consultation will gather opinions from stakeholders on a review of the building standards system relating to the way in which compliance with the building regulations is assured and enforced to help ensure the health, safety and welfare of people in and around Scotland’s buildings and to further the conservation of fuel and power and further the achievement of sustainable development.

The consultation covers four main areas, as follows:

    • Creation of a new Compliance Plan Manager (CPM) oversight role on High Risk Building types on behalf of the Relevant Person (normally the owner or developer);
    • The definition of High Risk Buildings requiring a CPM;
    • Fines and penalties; and
    • Impact assessments.

The proposed changes outlined in the consultation aim to:

Require applicants (building owners and developers) to evidence and document how compliance with the building regulations has been approached from a ‘pre-application meeting’ (initial) stage through to completion of the building project.  The intention is to strengthen compliance across all building types with the new Compliance Plan approach and also to introduce a requirement for independent professional oversight – a Compliance Plan Manager – on high risk buildings to manage the compliance process from start to finish.  Initial considerations have concentrated on application to High Risk Buildings (high rise residential, high public value – schools, healthcare facilities) and also housing sites.  But this may be extended, in the future, to apply to a wider range of buildings types if there is evidence to support this.  The consultation also seeks views on the definition of buildings classed as ‘High Risk Building Types’ (HRBs).

You can read the consultation paper here.

Members are encouraged to read the consultation and feed back their comments to FIS Technical Director Joe Cilia via email joecilia@thefis.org

Leaseholder loan scheme paused

Leaseholder loan scheme paused

Michael Gove, Secretary of State for Levelling Up, Housing and Communities, attended his first meeting of the Housing, Communities and Local Government Committee this week, where he confirmed that the development of the leaseholder loan scheme to fund remediation work on buildings outside the scope of the Building Safety Fund has been ‘paused’. The Government is now considering alternative ways to fund cladding remediation work that do not pose an ‘excessive burden’ on leaseholders, although the scheme will not be cancelled outright until an alternative has been identified.

Gove also confirmed that, following the Written Ministerial Statement which clarified that EWS1 forms should not be required on buildings below 18 metres, the Government will remove the consolidated advice note before Christmas.

Code for Construction Product Information and guidance published

Code for Construction Product Information and guidance published

The Code for Construction Product Information (CCPI), Code guidance and a manufacturer information pack have been launched today to drive higher standards in the presentation of construction product information in the manufacturing industry.

The Code has been developed as a direct response to Dame Judith Hackitt’s independent review of Building Regulations and Fire Safety in the wake of the Grenfell Tower disaster. The Code promotes urgent positive culture and behaviour change in the approach and management of product information by the construction product manufacturing industry.

The Code offers manufacturers the opportunity to demonstrate a progressive approach through their willingness to provide assurance for their product information, and recognition for their efforts to prioritise product safety.

It aims to ensure that disingenuous marketing practices and the provision of misleading product information becomes a thing of the past, so that those using products in the construction and maintenance of buildings – including specifiers, architects, consultants and contractors, as well as the ultimate end users of the building – can trust the information provided by manufacturers when making design decisions, installing and using and maintaining verified products.

A robust eleven point code published

The Code – developed by the Construction Products Association’s Marketing Integrity Group following industry-wide consultation – has been built on the principle that product information must be Clear, Accurate, Up-to-date, Accessible and Unambiguous. The Code has eleven clauses covering critical aspects from responsibility for product information to transparency of information regarding performance, proof of stated claims and general information and competency.

An independent and robust validation process is being put in place to underpin the Code that will rebuild trust in the provision and management of product information by all stakeholders, setting the market for UK construction products ahead of others.

Support for manufacturers preparing for the verification process

Alongside Code guidance, a ‘Preparing for the Code’ information pack has been published today to help manufacturers gain an understanding of the Code and prepare for the verification journey.

Registration for verification will open towards the end of 2021, supported by detailed guidance. Organisations can register their interest now to receive updates ahead of the launch of verification.

Independently managed Code and verification

Management of the published Code and its verification has been formally handed over from the Construction Products Association to Construction Product Information Ltd (CPI Ltd) – a not-for-profit organisation with independent governance and management being set-up to administer the CCPI by the Considerate Constructors Scheme.

Amanda Long, Chief Executive of the Considerate Constructors Scheme and Construction Product Information Ltd, said:

“The Code should be a priority for all involved with construction product manufacturing. By focusing on culture, leadership and ethics the Code for Construction Product Information will build trust and is a progressive step towards ensuring that building safety is a priority for those responsible for the provision of construction product information.”

Enabling responsible manufacturers to assure their product information and be recognised for their efforts, the Code will support urgent and positive culture and behaviour change in the industry ahead of regulation.”

Click here to download the Code for Construction Product Information (CCPI)

Click here to download the ‘Preparing for the Code’ information pack

Click here to download the Code guidance

Competences required by principal contractors

Competences required by principal contractors

The BSI has launched a consultation on Publicly Available Specification (PAS) 8672, which aims to establish the competences required by Principal Contractors, and individuals designated by them, to meet their responsibilities under new building safety legislation. It builds on recommendations in the Setting the Bar report that individuals undertaking the three roles with oversight of building safety at each stage of a building’s lifecycle ‐ Principal Designer, Principal Contractor and Building Safety Manager ‐ must have the necessary skills, knowledge, experience and behaviours. FIS members are asked to submit comments on the PAS to Iain McIlwee by Friday 29 October.

Changes to draft regulations concerning the Building Safety Bill

Changes to draft regulations concerning the Building Safety Bill

Gov.UK have published the following updates of draft regulation concerning the Building Safety Bill which is currently going through Parliament. These are:

The Construction Products Regulations 2022

  • These regulate the safety of construction products being placed on the UK market.
  • Part 2 sets out a general safety requirement which all construction products must meet
  • Part 3 sets out provisions with respect to safety-critical products, how safety-critical standards may be developed and by whom (BSI) as well as giving the obligations for economic operators
  • Part 4 requires economic operators not to make false or misleading claims about construction products
  • Part 5 covers enforcement
  • Part 6 makes clear that nothing in the regulation will prevent lawfully CE marked construction products from being placed on the NI market
  • Part 7 extends to GB only and makes provision for qualifying NI goods to be placed on the GB market.

The Higher-Risk Buildings (Prescribed Principles for Management of Building Safety Risks) Regulations 2022
These regulations set out the principles an accountable person must follow in taking all reasonable steps to prevent a building safety risk materialising or reducing the severity of any incident resulting from  a risk materialising.

Other updates can be found in the following documents:

  • The Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2021
  • The Buildings (Appointment of Persons, Industry Competence and Duty holders) (England) Regulations 2021
  • The Building (Higher-Risk Buildings) (England) Regulations 2022
  • The Building (Restricted Activities and Functions)(Engalnd0 Regulations 2022

All these documents are available here.

If you have any feedback, please email iainmcilwee@thefis.org

CPA publishes Code for Construction Product Information

CPA publishes Code for Construction Product Information

The Construction Products Association (CPA) has published the Code for Construction Product Information to ensure that reliable and consistent product information is provided by manufacturers.

Developed in response to the recommendations made in Dame Judith Hackitt’s Building a Safer Future report, the code sets the industry benchmark for how product information is presented and marketed so that it is clear, accurate, up‐to‐date, accessible and unambiguous. It contains 11 clauses including transparency of information on performance and proof of stated claims, and manufacturers can now register their interest in being verified against the code later this year. Guidance has been published to assist with the verification process.

Code for Construction Product Information