C O N T E X T 1 7 2 : J U N E 2 0 2 2 35 REGULATIONS AND CODES Wales Uplifted Approved Documents F and L: The Welsh Government’s guidance for ‘Dwellings’ was expected for spring 2022 and ‘Non-dwellings’ for summer 2022, coming into force six months later. Overheating Mitigation and Charging of Electrical Vehicles: the Welsh Government is behind England on this and at the time of writing is still in discussions. For a full update of changes, read the relevant Approved Document, available free of charge at https://gov.wales/building-regulations- approved-documents. Review of the Building Control Performance Standards LABC (Local Authority Building Control) England has confirmed that it is working with the Health and Safety Executive on creating the new BSR (Board of Standards Review) Operational Standards. These will replace the current Building Control Performance Standards. It is work in progress. The Welsh Government has confirmed that it is engaged with the HSE, LABC and Approved Inspectors (Approvers) but is at an early stage. Building Safety Bill Following the Grenfell Tower tragedy, Dame Judith Hackitt’s Independent Review of Building Regulations and Fire Safety recommended that a ‘new regulatory framework should apply to residential properties which are 10 or more storeys high in the first instance’. Feedback from industry and residents was that this did not go far enough; the government agreed and proposed that the scope of the stronger assurance regime should start with high-rise residential buildings at least 18 metres in height or at least seven storeys (whichever is reached first). In July 2020 the government’s Building Safety Bill was published with the intention of overhauling the current building regulations (2010) in England andWales. The bill is a result of the concerns raised around fire safety, the existing building safety regime, and confusion around the roles and responsibilities of those involved in the construction process. The bill’s objective is to strengthen the whole regulatory system for building safety by establishing a comprehensive new building safety regime governing the design, construction and occupation of higher-risk buildings. This will be achieved by ensuring there is greater accountability and responsibility for the design and construction of buildings, and thereafter throughout the lifecycle of buildings. The Building Safety Bill is intended to make provision for the safety of people in or about buildings, and the standard of buildings. It amends the Architects Act 1997 and provision about complaints made to a housing ombudsman in the following ways: • Establishes a Building Safety Regulator to implement and oversee a stringent regime for higher-risk buildings, and drive improvements in building safety and performance standards in all building. • Establishes a legal regime to oversee higherrisk building. • Ensures that residents have a stronger voice in the system, and establishes additional protections for leaseholders in relation to financing remediation work. • Creates a New Homes Ombudsman Scheme. • Increases access to redress through the Defective Premises Act 1972. • Strengthens the obligations under the Regulatory Reform (Fire Safety) Order 2005. • Provides a stronger and clearer framework for the oversight of construction products. This bill ensures that proportionate steps are taken to deal with building safety risks through prevention, control, mitigation and management throughout the lifecycle of a building. Separate secondary legislation and draft regulations will set out how it will affect all relevant parties. The Building Safety Bill, which is expected to become law later this year, has the following mandated parts: • Part 1 is an overview of the bill. The bill changes existing legislation, especially the Building Act 1984. • Part 2 establishes a new building control body called the Building Safety Regulator within the Health and Safety Executive. • Part 3 amends the Building Act 1984 to make the Building Safety Regulations the local Building Control Authority in relation to higherrisk buildings in England, to establish and maintain registers of building control approvers and building inspectors. Surveyors will be required to achieve levels of competence for registration. Approved Inspectors will be renamed to Building Control Approvers. • Part 4 defines and places duties on the Accountable Person (the duty holder in occupation) in relation to building safety risks in higher-risk residential buildings in England. • Part 5 establishes theNewHomes Ombudsman scheme and powers to make provision for regulation of construction products for the UK. Tony Gwynne is a senior building control surveyor with the Forest of Dean District Council. He has been in building control for 33 years; previously he worked for English Heritage and Cadw.
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