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A Guide to Regulations, Codes and Standards

Chartered Association of Building Engineers · 7,857 words · 36 min read

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0:00Thank you all very much for joining. Um,

0:02welcome to today's webinar Wednesday.

0:04Today we're looking at a guide to

0:06regulations, codes, and standards with

0:08Hal Davis, head of technical insight

0:11here at CABE. My name is Lauren. I'm the

0:14publications and communications lead

0:16here at CAB, and I'll be moderating

0:18today's session.

0:20Cape strives to create interactive

0:22webinars and if you are watching us live

0:25you can use the Q&A function on your

0:27screens there to submit questions which

0:30will be addressed at the end of the

0:31session. We'll try to get through as

0:33many as possible but if we run out of

0:35time we will collect up the questions

0:37and reply to them in due course. You can

0:40also contact us at webinars@cbuilde.com.

0:47Let me introduce today's presenter. How

0:50Davis is an independent expert in

0:52building safety regulation and building

0:54performance and is head of technical

0:57insight here at CABE. In recent years,

0:59his work has focused particularly on

1:02building regulations and building safety

1:04reform, construction product testing,

1:07certification and regulation. How has

1:10also worked extensively on ventilation

1:12and health risks in buildings and on net

1:14zero buildings. He's been closely

1:17involved in the development of the new

1:19building safety regime and its practical

1:22implementation leading the working group

1:24that developed the recent CLC guidance

1:26on the golden thread. So now I'm going

1:29to hand over to Hal to begin the

1:31presentation. Do just bear with me a

1:33moment uh and we'll we'll get hand it

1:35over to Hal.

1:38Thank you very much, Lauren. And all

1:41being

1:43well, you should

1:45now see some

1:49slides. Thank you very much for joining

1:51us. Um, what I want to do this morning

1:54is to go through uh the the subject of

1:58regulations, codes, standards, and

2:01guidance.

2:03um to talk a little bit about what each

2:05of them is and perhaps

2:10and perhaps in some cases what they

2:12aren't.

2:14Um now it would be better if I do the

2:18talking initially and if everybody else

2:20goes on mute

2:22please. Um there we are. I think that's

2:25lost the background noise. So, I'm going

2:28to talk about those various um they're

2:32generally documents um and what they are

2:35in some cases what they aren't and where

2:37they come from and how they're created.

2:40And broadly, I'm going to go through uh

2:43five different uh areas. I'm going to

2:46give a little bit of background first

2:48and then I'm going to look at primary

2:49legislation, that's acts of parliament.

2:52secondary legislation that's generally

2:54regulations, building regulations or

2:57higher risk building regulations. Um,

3:00also known as statutory instruments. Um,

3:03I'm then going to talk about something

3:05called statutory guidance, possibly

3:07better known to you as approved

3:09documents or if you're in Scotland,

3:12technical handbooks. Um, and then I'm

3:14going to talk a little bit about

3:16standards, and I mean national,

3:18European, and international standards

3:20there. And then finally talk a bit about

3:23industry guidance. And what I want to

3:26try and do is give a reasonable um

3:30overview of the landscape all the way

3:33through from acts of parliament through

3:36to industry guidance. What are they? How

3:39do they interact? Which ones do I use

3:42where? which ones take priority over

3:45others. Uh and and how can I put all of

3:49this to good use? Um or if you're a

3:52building inspector, um just a refresher

3:56on how you might explain this to people

3:58in the industry who may be confused. And

4:01I'll come back to to that issue of

4:03confusion in a slide or two.

4:09So in England and Wales, we have uh a

4:13system set up under the 1984 building

4:16act which moved us away from

4:19prescriptive regulations

4:21um to a system of functional regulation.

4:25And one of the justifications for this

4:27was to allow greater innovation. Uh I'm

4:30going to try and resist the temptation

4:32to comment on where that might have got

4:34us over the last 40 years. Uh I think

4:36that's the subject for another webinar.

4:39Um but um at the same time, government

4:42increased the level of competition

4:44between public sector and private sector

4:46building control bodies. Um and the

4:48justification for that back in the mid1

4:501980s was to improve quality of service

4:53delivery. Now what did that mean in

4:56practice? It meant that we have

4:59functional requirements that are set out

5:01in the building

5:03regulations that are quite um brief and

5:07tell us what we have to achieve. So we

5:10deal with energy efficiency in part L um

5:14by saying that buildings uh must be

5:18designed and built so as to conserve

5:21fuel and power. How do you do that?

5:24Well, we'll see a little bit more of the

5:26detail, but there's lots of guidance on

5:28what that might look like. But the

5:31ultimate requirement is to comply with

5:33the functional requirement. Part B,

5:36dealing with fire um tells us that we

5:39must build buildings um that have

5:42appropriate means of escape in case of

5:45fire. That's the functional requirement.

5:47Can you get people out in the case of a

5:49fire? There's another functional

5:51requirement. Can the fire brigade get

5:53access to the building in the case of

5:55fire? And they are one or two sentence

5:58requirement that are in the building

6:00regulations as we know and we'll talk

6:03about this a little bit more. There's

6:04then lots of guidance about how you

6:06achieve that. But what's the standing of

6:08that guidance? Where does it fit in with

6:10the regulations? Well, I I hope we'll

6:12we'll have refreshed our memories or or

6:15perhaps

6:16um learned something um by the time we

6:19finish.

6:21Um we we now have um well since 1984

6:27we've had competition within the

6:29building control sector with local

6:31authorities approved inspectors and for

6:34certain tasks we've had uh what are

6:37termed competent persons schemes

6:40although we could possibly have a debate

6:42about each of the word well certainly

6:44the first two words in that title. um

6:46and they are allowed to deal with

6:49certain um common high frequency

6:54uh supposed to be lowrisk works and

6:57clients had a degree of choice as to who

6:59they went to. Now I hope there's nobody

7:01on the call who isn't aware that there

7:03is now a fourth um player uh in this

7:07called the building safety regulator who

7:10is the building control body for any

7:12higher risk building. Um, and that's

7:15because the Building Safety Act says

7:18so. Um, and I'm not going to rehearse

7:21this. We've had um deregulation uh in

7:25various forms over the last 40 years uh

7:28that have got us to to where we are. So

7:31that's the system of regulation. In

7:33Scotland, it is a little different.

7:35Scotland has the uh the Building

7:38Scotland Act. Uh building control is

7:41exercised by local authorities. Uh and

7:44Scotland has um building standards and

7:47technical handbooks where we have

7:50building regulations and uh and approved

7:53documents. But I'll I'll come back to to

7:56those differences. Also worth saying

7:58that in 1984 we didn't have a Welsh

8:01assembly. We didn't have a Scottish

8:03government either. um we didn't have

8:06devolution and that of course all

8:08changed 25 years ago and building

8:11regulations are now devolved uh not only

8:15they were always devolved to Scotland uh

8:18but um they're now devolved to Wales and

8:22so although the building act applies to

8:24England and Wales it is implemented

8:27separately in Wales by the Senith uh the

8:30Welsh government so that's a little bit

8:33of background found. We have um we have

8:36therefore a a whole collection of uh of

8:41things to to to think about. We have the

8:45law and I'm going to uh detail that a

8:48little bit more in a minute. We have

8:51statutory guidance

8:54uh known known as approved documents. We

8:57have national and international

8:58standards and we have industry guidance

9:00and standards. And I've put them into

9:02that pyramid because um first of all

9:06there is a hierarchy. The law is the

9:08law. That's what we have to do. And the

9:11rest of it helps us to meet our legal

9:14obligations. But um statutory guidance

9:18has a higher standing certainly will

9:20have a higher standing uh in a court

9:23than national and international

9:25standards or industry guidance or um

9:28industry standards. And I'll

9:29differentiate between those terms a

9:31little

9:33later. Uh now the building act is the

9:37primary piece of legislation governing

9:41building

9:42regulations. Um that's not to say that

9:45it's more important than the building

9:46safety act. The building safety act is a

9:48very very significant piece of

9:50legislation. Um but we when it comes to

9:53building regulations, it's section one

9:55of the building act which is up on the

9:57screen. um I hope is not complete news

10:00to to you. Um that is that is the

10:04section of the building act that gives

10:06the government the power to make

10:08building

10:09regulations and it tells us what they

10:12can make building regulations to cover.

10:15So health, safety, welfare, convenience

10:18of persons in or about buildings and of

10:20others who may be affected by buildings

10:22or matters connected with buildings. So

10:25that's people living in a building,

10:26people going to work in a building,

10:28people going to shop or relax or be

10:30treated or be educated or go to borrow a

10:34book. Um it's all those things. Um it's

10:38people walking around buildings because

10:41actually building regulations can deal

10:44with the fact that we don't want things

10:45falling off buildings. Um, it also deals

10:48with emergency services, responding to

10:51calls, and I don't just mean fires, but

10:53any other kind of emergency in a

10:55building. They're all covered. Um,

10:57conservation of fuel and power. Um, for

11:00some reason it was written that way and

11:02not energy efficiency many years ago and

11:04it's never been changed. Um, preventing

11:07waste, undue consumption, misuse or

11:09contamination of water. It's very

11:11important. So, that gives us parts G and

11:14H. um furthering the protection or

11:17enhancement of the environment. Um now

11:21that perhaps covers some parts of part L

11:24um because part L deals with operational

11:28carbon emissions. There's been quite a

11:30live argument for several years. Uh

11:32there is an industry group who have made

11:35some proposals that we ought to have a

11:39part of the building regs dealing with

11:41embodied carbon. Uh, and you know,

11:44somebody might say, "Oh, we can't put

11:45that in building rates." Well, I think

11:48dealing with embodied carbon quite

11:50clearly sits under furthering the

11:52protection or enhancement of the

11:53environment. So, I think the building

11:56act gives the powers to do it. Clearly,

11:59there's a debate to be had. There's a

12:00political decision to be made, but I

12:02think it could be done. Facilitating

12:04sustainable development, there's a a

12:06wide ranging and furthering the

12:08prevention or detection of crime. So

12:10they're all things about which building

12:12regulations can be made. Uh and the bit

12:15at the bottom says it's done through a

12:18statutory instrument. Hold that thought

12:20for a minute

12:23please. Um now important to remember

12:26that uh back in 2017 after the Grimful

12:29Tower tragedy uh Dame Judith Hackit was

12:32appointed to carry out an independent

12:34review of building regulations and fire

12:36safety. She reported in 2018 as she put

12:39it at a recent uh event. Um she worked

12:42at PACE. I think she might have been

12:45suggesting that some others haven't been

12:47but we'll park that for now. And Dame

12:50Judith identified four key issues

12:52underpinning the systemic failure that

12:55she

12:56identified. Um the first ignorance and

12:59misunderstanding of regulations and

13:01guidance. So actually if you if you want

13:03to know why why are we running this

13:05webinar in order to try and help people

13:08to be more knowledgeable and to

13:09understand regulations and guidance

13:12better not suggesting that people don't

13:14understand them but I think we can

13:16always improve our understanding um she

13:19identified indifference to quality and

13:21safety and focus on speed and cost

13:24perhaps part of the indifference to

13:25safety was indifference to complying

13:27with the regs a lack of clarity on roles

13:30and responsibility ities and

13:32accountability. I'm not going to touch

13:34on that much, but um some of the uh new

13:37requirements around duty holders, the

13:40new section 2A that's been inserted into

13:43the building regulations, uh that very

13:45much addresses that. And just as a quick

13:47aside, um I'm told that one of the

13:51schemes that handles um

13:53pre-qualification questionnaires for the

13:55for the industry uh recently sent out to

13:59about

14:0021,000 organizations a request for them

14:04to update their information uh in the

14:07light of the building safety act. Um I

14:10am I am told that 85% of respondents

14:15responded with the following answer. Uh

14:18we don't need to do anything. The

14:20building safety act doesn't apply to us.

14:24So, those of you in building control,

14:27you may well be facing an awful lot of

14:29people who simply don't recognize that

14:32the building safety act and part 2A of

14:35the building regs has imposed some new

14:37duties on them, which certainly do apply

14:40if they're undertaking regulated

14:42building

14:43work. And Dame Judith also picked up on

14:46regulatory oversight. Um, and that's

14:49reflected in some of the things I'm

14:51going to say today. The the big one I

14:53want to tackle is um is to improve our

14:56understanding of regulations and

14:58guidance. And um it's worth noting that

15:00the Granful Inquiry report um was quite

15:04uh blunt. Government should have known

15:06that the guidance in the approved

15:08documents was not well understood and

15:10should have amended it to be clearer.

15:12I'm not going to go into that in any

15:14more detail, but worth bearing in mind.

15:18Um so starting at the top of the pyramid

15:21with the law primary legislation

15:24otherwise known as acts of parliament

15:27and I've talked about the building act.

15:29The other really important one is the

15:31building safety act. Now there are

15:34there's a key similarity and a key

15:37difference. There are two two key

15:39similarities. They're both acts of

15:41parliament. They're the law of the land.

15:43They are what people have to do whether

15:45they like it or not, whether we like it

15:48or not, it's what the law says. Um and

15:52um both of both of these um apply to any

15:57regulated building work. Um they create

16:00the powers through which regulated

16:03building work is defined. Um and it's

16:06worth noting that the building act

16:08underwent some substantial amendment

16:12uh by virtue of provisions mainly in

16:15part three of the building safety act.

16:18Um if anybody

16:20is is is wanting to know more about

16:23what's changed in the building act the

16:26best way to get it up toate legislation

16:29whether it's acts or

16:31regulations go to the legislation.gov

16:34gov website. Put in the title of the

16:37piece of legislation you want to look at

16:40and it will bring up for you on screen

16:43the upto-date version with all

16:46amendments included and they're all

16:49tracked so that you can see when the

16:51amendment was made. You can check when

16:54it came into force. And if you're if

16:56you're checking up on on historical

16:59things and you want to know did they

17:01comply with the regulations in place at

17:03the time that allows you to do it. There

17:06is also a feature there that allows you

17:08to download the latest version um as a

17:12PDF. You can either save it on your lap

17:17laptop, your phone, your tablet. You can

17:20even print it off if if that's helpful.

17:22Um and that's that is the best way to

17:25have the most upto-date version of the

17:28acts and indeed of the

17:30regulations. Um the key difference

17:33between the building act and building

17:34safety act is that the building act was

17:36quite prescriptive. Uh there was a lot

17:38in the building act that frankly by the

17:41time of Grenful had got a bit out of

17:43date and officials knew it was a bit out

17:46of date but there was no real interest

17:49in in building regs and certainly no

17:51interest in giving parliamentary time to

17:54updating the building act. Um that of

17:56course all changed overnight on the 17th

17:59of June 2017 when 72 um entirely

18:04innocent uh people died needlessly uh in

18:07the fire. And suddenly there was a huge

18:10amount of interest in legislation in the

18:12building regulations arena. And the

18:15lesson learned from that in the building

18:17safety act is that the building safety

18:19act is largely enabling legislation. It

18:22gives government

18:24powers but many of them are exercised

18:27through

18:28regulations. Um, of which there are

18:31many. I accept that. But the the

18:34advantage of that approach is that the

18:37regulations can be updated when

18:40necessary without the need for going

18:42back to the primary legislation. And

18:45that should allow the new regime to um

18:48be kept up to date more effectively uh

18:51than was the case under the building

18:53act. So that's primary

18:55legislation. It's the basis of the whole

18:58regime. Uh and sometimes um you may need

19:01to go and look in the primary

19:03legislation to see what the what the

19:06powers are that are in there. But I

19:08think we spend an awful lot more of our

19:10time looking at secondary legislation or

19:14regulations

19:15uh or they are strictly statutory

19:19instruments. So they are statute law uh

19:23and um and the term is statutory

19:26instruments. These are they're made in

19:29parliament

19:31uh but um they don't go through the same

19:36uh detailed process uh as primary

19:39legislation. Um some of them are laid in

19:43parliament and if no MP objects and

19:48seeks a vote within usually 21 days uh

19:52then they automatically come in to

19:55force. Um some of them are subject to

19:58what's called the affirmative uh

20:00resolution procedure which means that um

20:04houses of parliament uh parliament has

20:07to vote on them but they get a debate

20:09they get a vote and it's a yes no vote.

20:12They can't go through making changes. It

20:15is very uncommon. In fact, it goes back

20:18to 1978, I believe, that the last time

20:23uh a a a statutory instrument uh was

20:26voted down in in the house. Um so that's

20:31how statutory instruments come in.

20:32They're developed by the relevant

20:34department and they're placed in front

20:36of parliament. Um and we have uh you

20:39know we have a number. So we have the

20:41fire safety act, we have the building

20:43safety act, we have the building act and

20:45the fire safety act gives powers to make

20:48the fire safety England regulations nu

20:522022. The u building safety act

20:57um allows um certain things to be put

21:03into the building ranks. The building

21:04act is the primary enabler of the

21:07building ranks as we've seen and that

21:09gives us the building regulations 2010

21:12as amended over 20 times now since 2010

21:16and we'll see the most recent in a

21:18minute and also the building safety act

21:20enables the buildings higher risk

21:22buildings procedures England regulations

21:25that's what governs the gateway process

21:28and in interestingly it's that set of

21:30that set of regulations is the law of

21:33the hand. So if there are things in

21:36those regulations that prove to be a bit

21:39inconvenient, it's not open to the

21:42building safety regulator or MHCLG to

21:45say, "Ah, it's a bit inconvenient. We'll

21:47ignore that." Um, that's what Parliament

21:50has said is to be done. That's what the

21:51law says. And until the laws changed,

21:54that's what the process has to look

21:55like.

21:58Um the other thing that we need to be

22:00aware of the building regulations etc

22:03amendment England regs

22:062023. This is the most recent set of

22:10amendments. It brings in the new um

22:13applications procedure for

22:15non-HRBs and it also brings in part 2A

22:19the the duty holder section um covering

22:23competence.

22:25Um there's a whole lot of secondary

22:27legislation for higher risk buildings.

22:30Um and very briefly, and you'll have the

22:34detail of these slides available

22:36afterwards. Um how do we measure them?

22:38Do we have to register them? If we do,

22:41how do we do it? And what information do

22:42we provide? What further information do

22:45we need to provide within 28 days? What

22:47do we need to put in the golden thread

22:50and give to uh various bodies including

22:53by the way residents? Residents have a

22:56right to the information about the HRB

22:58that they live in. Um and um and then

23:03there's the final set which is um how to

23:06deal with safety cases and safety case

23:09reports. Um and that's on an ongoing

23:12basis. Um, again, not the topic for

23:14today, but that's all dealt with by

23:16secondary

23:18legislation. Also worth noting that

23:20tucked away in the Building Safety Act

23:22in part five, there are powers given to

23:26the Secretary of State to regulate

23:28construction products for the whole of

23:30the UK. Construction product regulation

23:32is not devolved. It's

23:36UKwide. Um, and these powers have

23:39already been used.

23:41Um, in

23:462022, the Office of Product Safety and

23:49Standards issued a prohibition, actually

23:52a series of prohibition notices against

23:55a reasonably well-known manufacturer.

23:57Um, if you go and Google um, OPSS

24:02prohibition notices, you will find what

24:05I'm talking about. And the act also um

24:09creates the enabling powers to require

24:12construction products to be safe and to

24:14create a statutory list of um constru of

24:17safety critical construction products.

24:20How we define safety critical

24:21construction products is another matter

24:24which I'm not going to touch today. It's

24:26not straightforward. Um and the act also

24:29covers um building liability orders. I'm

24:32not going to go into that today, but

24:34that's all primary legislation.

24:36um for construction products and we can

24:39anticipate new regulations for

24:41construction products in due course. Um

24:44there is a consultation on construction

24:46product reform that closes later today.

24:50So they're the regulations and we have

24:53uh we have the building regulations and

24:56a key part of the building regulations

24:58is schedule one and within schedule one

25:02we have parts A all the way through to T

25:05now and we'll see part T in a bit more

25:07detail in a minute. Um they are the

25:10different parts of that schedule and

25:12they set out the functional

25:14requirements. So the functional

25:16requirements are written into the

25:18secondary legislation. The functional

25:20requirements are law. The functional

25:22requirements are what we have to

25:24do. Now this is where Dame Judith's

25:28confusion perhaps begins to creep in

25:31because we also have statutory guidance

25:34known as approved documents. Here's an

25:37example. Part

25:38L2A for uh

25:41for uh for England. Um, as I say,

25:46building rags are devolved. So, there is

25:48the Welsh version. Um, I sometimes

25:51mischievously use one that has part

25:54doublela. Um, but somebody took me

25:57seriously on that once and asked for a

25:59copy and I thought, "Oh dear." Um, I'd

26:01better keep that to an oral joke and not

26:04a written one. Um, and then of course we

26:06have Scotland which has building

26:09standards and technical handbooks. Um

26:13now the standards set out what has to be

26:15done and the handbooks are guidance. So

26:18if Scottish um listeners would bear with

26:21me I will focus more on the system in

26:25England and Wales uh I hope you'll you

26:28you'll bear with me. For approved

26:30document you read technical handbook.

26:32For regulation you read building

26:37standards. Um we have various other

26:41parts. We have part uh uh part F dealing

26:45with ventilation, part L, part O came in

26:48in the recent um update covering

26:50overheating of domestic premises. We

26:53have part S infrastructure for charging.

26:56Now these are all approved documents and

26:59they give guidance.

27:03Uh I mentioned the newest building

27:05regulation which is part T of the

27:08regulations which makes uh it a

27:10requirement to provide single sex toilet

27:13provision in non-residential premises.

27:16There's the approved document and there

27:19are the building amendment England

27:21regulations from last year that

27:24implement this

27:26amendment to schedule one of the

27:29building rags inserting part T. Um and

27:33as I say it's all about specific toilet

27:37provision. Um now worth dwelling on this

27:40for a minute. What have we got here?

27:42We've got a regulation in the middle of

27:45the screen that says you must by law

27:48make um specific types of toilet

27:51provision available um in uh buildings

27:55other than dwellings. That's what the

27:56law says. And then on the left we have

28:00um the familiar site of an approved

28:02document which provides some guidance.

28:06Now I'm going to go back to the building

28:09act for a

28:11minute. Building act um it makes

28:14explicit provision in section six for

28:18the approval of documents for purposes

28:20of building regulations. So there's the

28:23statutory basis for the term approved

28:25documents. It's in section six of

28:27building act and I'm not going to read

28:30it word for word because you can read it

28:32on screen faster than I can read it out.

28:35But those are the purposes of approved

28:38documents. They're to provide practical

28:41guidance and they can be issued by um

28:47the appropriate national authority or

28:50body concerned. So that's the government

28:55department. Um, it's worth noting that

28:58there is provision in there for other

29:02bodies to create approved documents.

29:06Now, they still have to be approved by

29:08the Secretary of State. Um, and when it

29:10comes to building regs, that means the

29:12Secretary of State generally acting on

29:14advice from um

29:17officials. Uh, but approved documents

29:20don't have to be produced by government.

29:22It's just that they always have. And

29:26um so that's where we get approved

29:28documents from. What are they now? Um

29:33those familiar with approved documents

29:36will recognize that this is text copied

29:40and pasted from the front of an approved

29:44document. Which one? Actually any of

29:47them because this is common text across

29:50the whole set of approved documents. So,

29:53they're approved by the Secretary of

29:54State to give practical guidance on

29:58common building situations about how to

30:01meet building rates. And there's

30:04different a approved document, sometimes

30:07known as

30:08ADS, covering the different technical

30:10parts of the regulations. And each

30:12approved documents, each approved

30:14document contains a list of all the

30:17approved documents uh that that are

30:19available from A to T.

30:23Um, and in addition to guidance, some

30:27approved

30:29documents include provisions that must

30:32be followed

30:34exactly because they're required by

30:37regulations or where um certain methods

30:40of test or calculation are approved by

30:43the Secretary of State. So, part L

30:46requires certain calculations around

30:48carbon emissions. there's an approved

30:50calculation

30:52method. Um, you want to do an air

30:55tightness test on a on a dwelling,

30:58there's an approved test method and it's

31:01detailed in the approved document. Um,

31:05there are certain tasks that have to be

31:07carried out. Um, and those of you who

31:11know my background, please excuse me

31:13exercising my favorite hobby course.

31:16Commissioning of building

31:19services. You've got all this kit in the

31:22building. Who's actually going to get it

31:24started up and make sure it works

31:26properly and it does what it's there to

31:29do in an energyefficient way as required

31:32by Partell. Well, that involves a

31:35process of setting it all up to work and

31:38then commissioning it to work

31:40efficiently.

31:42Commissioning and it's been in the

31:44building rags for many years that

31:46building services systems should be

31:48commissioned and there should be

31:49evidence that they've been

31:52commissioned. How much it's been done?

31:55Well, I think we all know the answer to

31:57that. Has anybody ever been prosecuted

32:00for not commissioning building services

32:02systems? I don't believe they have. But

32:05actually, if we want buildings to work

32:07effectively and be energy efficient,

32:10then the building services need to be

32:12commissioned. And that is a requirement

32:14of regulation 44. It's not, oh, the

32:17secretary of state thinks it would be a

32:19nice thing. No, the secretary of state

32:21has regulated for commissioning. It's a

32:24requirement. There's guidance in the

32:26approved document, but one of the things

32:28the guidance says is that you should

32:31have a commissioning management process

32:34and you should follow recognized

32:36guidance and we'll see that in a few

32:39minutes what that recognized guidance

32:40might look

32:41like. Um, but there are a number of

32:44things like that that are meant to

32:46happen. And if I may dare to offer a

32:50word of advice to those of you who are

32:52building

32:53inspectors, you might feel a bit

32:56intimidated challenging hairy building

32:59services engineers about

33:02commissioning. Well, don't be because

33:05the ones that have done it properly are

33:08likely to have the evidence and be able

33:10to show it to you. And the ones that

33:12haven't done it properly, you don't

33:14actually need to know any more than that

33:16they haven't done it properly and that

33:18you're not going to give them a

33:20certificate until they have done it

33:22properly and they offer you some

33:24evidence that they've done it properly.

33:26And I suspect that it only needs to

33:28start happening on a few projects and

33:30word will get around the industry. Oh,

33:32these building inspectors are starting

33:34to ask for evidence of commissioning.

33:35You better watch out. It's just a

33:38thought. Um, and somebody might want to

33:41challenge me on that in the in the

33:42question and answer session at the

33:45end. How do you comply with the building

33:48regulations? Well, you have to meet the

33:50relevant requirements, schedule one

33:53functional requirements, the law. Um,

33:56and you may have to follow certain

33:58processes and meet technical performance

34:00requirements. Um, the approved documents

34:03set out what is one way to comply with

34:06the building ranks.

34:08But again, and this is text from the

34:10approved documents. It's not Howell

34:12making it

34:13up. It's what the guidance says.

34:16Complying with the guidance doesn't

34:18guarantee that building work

34:20complies. They don't cover all

34:23circumstances. And there may be other

34:25ways to comply. My favorite example of

34:28this is the Eden project down in

34:30Cornwall. Um, and we're going back

34:32nearly 30 years now. In order to provide

34:35adequate means of escape, according to

34:37the approved documents, it would have

34:39required tunneling into the rock um at

34:42the back of the

34:44quarry. tunneling wasn't

34:47viable. And so they did some

34:50calculations about how quickly smoke

34:52would be generated and spread and what

34:55the escape times were and were able to

34:58demonstrate that escape routes through

35:01the vegetation to escape doors would

35:05meet the functional requirement by a

35:08method other than what was in the

35:09approved document. and that was accepted

35:12and the Eden project was built and all

35:16all went smoothly. So that's quite

35:19important about the um the approved

35:21documents. You don't have to do the do

35:24it that way. I have heard stories that

35:27in some instances more recently

35:30inspectors have insisted that people

35:32follow the approved document. Um, I'm

35:35not convinced that the law allows an

35:38inspector to insist that you follow the

35:40approved document. They can and they

35:42should insist that you provide evidence

35:45that your alternative meets the

35:47functional

35:49requirement. Now, I'm going to go very

35:52quickly through the next couple of bits.

35:54Um, we we will be making the slides

35:56available afterwards and there's some

35:58detail here for homework for those uh

36:00who wish to. Um the public inquiry was

36:03quite critical about approved document B

36:06unclear not properly understood by a

36:08significant proportion of those working

36:10in the construction industry and I won't

36:12go through the detail but the slide is

36:14there these are some of the things which

36:16the inquiry was concerned

36:21about moving on standards whether

36:24they're British European or

36:26international

36:27um where do they fit into all this um

36:30well first of All standards are prepared

36:33by national and international standards

36:35bodies in the UK. That's the British

36:37Standards Institution which has a formal

36:40memorandum of understanding with the

36:42government to act as the UK's national

36:44standards body and as such it's a member

36:46of the international standardization

36:49organization ISO the international

36:51electrottechnical commission IEC and

36:54also the um European standards bodies

36:58sen and senile.

37:00It's really important to stress

37:02particularly in the current climate sen

37:05and senile are a federation of standards

37:10bodies. They are not an organ of the

37:12European Union. I'm offering that as a

37:15factual statement um and not for

37:18anything else. BSI is a member of both

37:21of them and as a condition of being a

37:25member, BSI is obliged to adopt all the

37:30frameworks that Sen and Sench develop

37:34and um and publish. We don't have a

37:37choice.

37:39So if there is a European standard on

37:41something, BSI has to adopt it and

37:45withdraw any conflicting standards.

37:48Uh those are the rules of the game. I

37:51guess we're all reasonably familiar with

37:53British standards. Here's one about um

37:56BIM building information management um

37:59which came out a few years ago. This

38:03this is a a a standard sort of thing. Um

38:06there's another one that came out more

38:08recently on digital management of fire

38:10safety information.

38:12The important the other important thing

38:14to say is that um there is some

38:18controversy about the cost and

38:20accessibility of standards. Uh those of

38:22you who are CABE members who work in

38:25smaller businesses with a turnover I

38:29think it's below about

38:31650,000 and fewer than 10 employees. Um,

38:35the association has negotiated an

38:38arrangement with BSI that gives you

38:41access to a very wide range of of built

38:44environment standards for a very

38:48reasonable fee of a few hundred pounds.

38:51Uh, and I believe information has on

38:54that has been in the um in building

38:57engineer the association magazine and I

38:59think there was a small piece in the

39:01most recent issue uh by a member up in

39:05the the Northwest um explaining how the

39:08use of this um facility has already

39:11saved him many many hours and um stopped

39:15a number of arguments on site because

39:18he's been able to get his tablet out,

39:20get the standard out, say to people,

39:21this is what the standard says, this is

39:23what we're going to do. Oh, okay. End of

39:26argument. So, I do commend that

39:28arrangement to you. Um, it could be very

39:31valuable. Now, standards are often cited

39:34in the approved documents and where an

39:37approved document says this is a way to

39:39do it, well, this is a way to do it. Um,

39:43and there may be an alternative, but it

39:46would be a good idea to look at what the

39:48standard says. Um, national standards um

39:51have have a certain standing in law. Um,

39:55I if if there is a standard and you end

39:58up in court explaining what you did and

40:00you didn't follow the standard, you are

40:03going to need to explain why you thought

40:06it was reasonable skill and care to do

40:08it another way and not follow the

40:11standard. Moving into the last

40:14u half dozen

40:16slides, sitting underneath all of that

40:19are things that are industry standards

40:22and guidance. So um Lauren made a

40:25reference to the golden thread guidance

40:27in the introduction and that was

40:29produced um by the construction

40:32leadership council working with input

40:34from the building safety regulator from

40:37well it changed its name in the middle

40:39of the process. It's now the MHCLG and

40:41we had the Department of Business and

40:43Trade involved but it was written by

40:45industry experts for the industry um to

40:50give people guidance. Now um it it

40:54doesn't uh it it doesn't have the same

40:56standing as other standards but if there

40:59isn't anything else covering it then

41:01following that is likely to be deemed

41:03reasonable skill and care. Um I

41:06mentioned commissioning management

41:08earlier and the CIBSE Chartered

41:11Institution of Building Services

41:12Engineers provides guidance on

41:13commissioning management which is

41:16actually referenced in the building

41:18regulations as a way to um to follow the

41:22guidance and there are other documents

41:25like that. Both the standards and the

41:27industry documents are also listed in

41:30the back of every AD.

41:32Worth noting that there is something

41:34called the code for construction product

41:36information. It's an entirely voluntary

41:39scheme for manufacturers to demonstrate

41:42that the information they provide is

41:45legal, decent, honest, and truthful to

41:47pinch a phrase. Set up by the CPA, but

41:50now operated independently by a third

41:52party. The crunch here is this is what

41:56government has said about the

41:59CCPI in the green paper on construction

42:03products. I'm going to paraphrase.

42:06Government likes it and wants more

42:07people to sign up. What's that got to do

42:10with this? Well, those that are signed

42:13up to the

42:14CCPI, you're going to be able to put

42:17more reliance on the information that

42:19they produce about their products. So it

42:22is a form of industry guidance. Now I've

42:25taken you very quickly through the law,

42:29the approved documents, um the national

42:32and international standards and the

42:34industry guidance. Um what what there is

42:37I hope you can see the hierarchy um you

42:40know what what's the top priority the

42:42top priority is the functional

42:44requirements in the building regs. Um

42:47but there are all these various tools to

42:49help you. There are all these various

42:50tools to help the people whose work you

42:53might be inspecting where you might want

42:56to ask them, you know, why have you done

42:59that? Um, or you know, how can you

43:02demonstrate to me that what you've done

43:04complies with with with the functional

43:06requirement. I hope that's helpful. And

43:08I'm going to stop sharing so that I can

43:10actually see what's in the um Q&A

43:15section. Uh, and

43:20We'll we'll take some

43:22questions. Ah, now I won't embarrass

43:26him, but there is a name that I

43:27recognize.

43:30Um, and first one up. Yes. If somebody

43:34doesn't follow the

43:38um the approved documents then they need

43:43to

43:44demonstrate that what they have done

43:48satisfies the functional requirements.

43:52So if the approved

43:54document indicates that a way to comply

43:57is to do a certain thing and an

44:01alternative doesn't do that certain

44:03thing, I think you've got reasonable

44:06grounds to say I don't think that

44:08alternative

44:10um actually meets the requirement.

44:14Um, and going back to my Eden uh project

44:18example, you know, the functional

44:20requirement was we've got to get people

44:22out in a realistic time so that there is

44:27no danger to life in the event of a fire

44:29within the biome. And careful

44:32calculations were done to and modeling

44:36to show this is how we anticipate that a

44:39fire in a biome would would develop.

44:42This is how the smoke would develop.

44:44This is the point at which the the

44:47ground escape level would become

44:49unusable and that would take much longer

44:53than to evacuate everybody through the

44:55escape routes that are being proposed.

44:58So I I hope I hope that you can see that

45:04was demonstrating that we meet the

45:06requirement to get people out. Oh, and

45:08by the way, it allows the brigade to get

45:10in as well.

45:12uh by a different means to to the AD. So

45:17the onus on people not following the AD

45:21is very much to demonstrate that they

45:23are meeting the functional requirement

45:28um and and therefore complying with the

45:34law. Uh I'm going to move on to the

45:36second question and interestingly the

45:39questions are coming up in reverse time

45:41order. Um the building act 1984 has

45:45become difficult to follow in terms of

45:47reviewing the amendments between England

45:49and Wales such as in terms of periods of

45:52time for enforcement. Um yes I agree

45:57with that statement and I can't wave a

46:00magic wand to change it. What I can do

46:03is to say that if you go to the

46:08legislation.gov

46:10website, you can actually access two

46:14versions of the building act. the

46:16building act as it relates to England

46:19and the building act as it relates to

46:21Wales because there are as the the

46:24questioner says different provisions

46:28um

46:29and

46:32leaflegislation.gov differentiates

46:34between the two and allows you to see

46:37what the differences

46:39are. Doesn't make it any less confusing.

46:42doesn't make it any easier for the

46:45users, but at least I I believe that

46:49what's on that website allows you to see

46:53clearly what is being

46:57asked and and then a really interesting

47:00question. When do you think builders and

47:02designers will have to prove their

47:04competency in a way similar to building

47:07inspectors?

47:10Um I'm going to

47:13well in some cases quite soon in other

47:18cases

47:20um a little less

47:22soon. But I think we need to recognize

47:26that demonstration and evidence of

47:28competence is coming our way whether we

47:32like it or not. Um, I had the

47:35opportunity to listen to Dame Judith in

47:37person on Friday where she was speaking

47:40to an assembly of professional bodies in

47:44the built

47:45environment. And um, Judith is never shy

47:49of telling people what she thinks.

47:53Um, interestingly,

47:56um, she, um, she also she she made some

48:00comments about one particular

48:02discipline, fire engineers, for which

48:05the public inquiry has recommended

48:07setting up a new body to regulate fire

48:11engineers. Uh, and government has

48:14accepted that recommendation along with

48:16all the others. uh and we understand

48:18that there is work going on within the

48:20the ministry of housing, communities and

48:22local government on that very issue as

48:25we speak. Um so David was quite clear

48:30fire engineers are the priority that she

48:32then went on to say don't anybody else

48:36sitting in this room who is not a fire

48:38engineer think ah they're going after

48:41the fire engineers we can relax because

48:45you can't she said um and she made it

48:49very clear that she sees and she

48:52believes that government sees that fire

48:56engineers are the first in line and

48:59others will follow. I'll be very honest,

49:02I think we can anticipate a multi-year

49:06program of um increasing focus on

49:11competence in the sector. Um and there

49:17is a whole industry competent steering

49:20group set up. I can see that at least

49:23one other member of ICSG is is on the

49:26call listening. Uh um and the ICSG is

49:31looking right across the range.

49:33Builders, designers, engineers

49:37um and establishing competence

49:41frameworks. But yeah, okay, so we've got

49:43a competence framework. So what how is

49:45it going to be enabled and implemented

49:48and delivered and increasingly how are

49:52people going to be asked to demonstrate

49:55that they satisfy the the competence

49:58requirements. Um so the the short answer

50:03is I think we're on a journey where

50:05we're going to have to do this more and

50:07more. Part 2A of the building reg is

50:10there. it applies

50:11today. And dare I say, it's not just

50:14builders and designers. Clients have got

50:17some duties set out in part 2A and

50:20they're going to have to start being

50:22competent to deliver on their duty as

50:26well. Um, now I'm going to scroll back

50:29up and see whether we've got any more

50:31questions because I think we have two or

50:34three more minutes.

50:35Um, as far Oh, no, no, hang on. new

50:40posts.

50:42Um, can I elaborate on when approved

50:44guidance overlaps across different

50:47requirements, eg parts B, KM, which take

50:52precedence?

50:54Uh, I'm not a court and ultimately it

50:59would be for a court to decide whether

51:02something in part B took precedence over

51:07something in part M on

51:10accessibility. But I think my

51:12observation would be as far as possible

51:16um instead of saying oh well you know

51:19they're in conflict are there reason are

51:23there reasonable ways in which you can

51:26comply with both you know are you

51:30absolutely certain that if you comply

51:32with one you can't comply with the other

51:35now I am aware that there's one area

51:37where it can be quite difficult Um, part

51:41F requires us to have ventilation. And

51:44if we're doing that through openable

51:46windows, then to meet part F, we want

51:48the window

51:49open. Ah, yes. But I've also now got to

51:53deal with part E around sound and

51:58acoustic

51:59privacy. Um, I need my window shut to

52:02comply with part E. And I sometimes joke

52:06that we actually need to invent

52:08shreddinger's

52:09window which is closed if you're looking

52:12at part E compliance and is open if

52:15you're looking at part F or possibly

52:17even overheating.

52:19Um I I think that is is a challenge of

52:23the technical solution rather than

52:25conflicting um requirements of of the

52:28ads. Um, but there I'm not aware that

52:32there's anything set out that that says

52:34if there's a conflict, this one takes

52:37precedence. That said, if it's a

52:40conflict between getting people out

52:42safely in case of fire and something

52:45else, I know which I would want a

52:47building inspector to prioritize. And I

52:50hope that if that's explained

52:52reasonably, most rational people on a

52:54project would accept it.

52:59Um, I think I've got time to do one more

53:01unless Lauren leaps in.

53:06Um, and

53:10uh, a a building inspector who I know

53:12has pointed out that um, from my Eden

53:16project example, CFD modeling um, is

53:19referenced as as a a way to comply. Um,

53:23now I think there's a subtle difference.

53:26I I wasn't saying that CFD was an

53:28alternative route and yes it is

53:30referenced

53:31um the the the escape distances

53:36um the way that was done at Eden and I'm

53:39happy to follow this up online because I

53:42know that the the questioner is from

53:45this part of the world. Um my

53:49understanding is that a plain reading of

53:52ADB led to you'll have to put tunnels

53:55through the rock. Um

53:58and the the way that the design was

54:01developed um me meant that didn't need

54:05to be done. Now I was offering it as an

54:08example because it's quite a good one

54:10that we we can all recognize. The point

54:13here

54:14is if you're offering to meet the

54:18functional requirement in a way that

54:20isn't clearly what the AD says, you need

54:25to set out clear evidence to convince

54:28the inspector that you really are

54:31complying with the functional

54:32requirement and that you're not trying

54:35to gain the system. Um and you

54:38know context is going to be

54:41critical. Um and dare I say that

54:48the level of assurance that the

54:51inspector has that the design team is

54:55doing things in a compliant way is also

54:58going to be critical.

55:01Um, and I I hope that is tactful enough

55:05but clear

55:07too. Now I'm conscious I've gone over by

55:11a minute so I think I ought to stop

55:13taking questions and I don't know

55:16whether Lauren wants to come back in but

55:19before she does if she does can I just

55:22say thank you very much for joining. Um,

55:24I really hope that that has been

55:26helpful. Um Lauren did flag that there

55:30is an email address um for um sending in

55:34questions. Um and if anybody does have

55:37any more questions then uh you know

55:40please do feel free um to to use that

55:43link. Uh and otherwise please keep an

55:46eye open for the next in the series of

55:48of Wednesday webinars. Um and I hope

55:52that you you're able to put this into

55:54practice soon. Thank you for listening.

55:56Have a good day.

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