Local authority control and private certification

Building control standards

Fears have grown that economic pressures might have a harmful effect on the quality of inspections as competition between local authorities and approved inspectors to carry out the building control function has increased. According to a report by the old Department of the Environment, Transport and the Regions (DETR), Building Control and Performance Standards (published in 1999):

'The acid test of effective building control is its success in achieving conformity with the Building Regulations, so that reasonable standards of health and safety are secured for building users.'

The publication was revised in June 2014 by the Building Control Performance Standards Advisory Group, after consultation with building control bodies the Construction Industry Council and the Local Government Association. It sets out a summary of building control indicators by which performance can be judged and compared.

The document gives general and practical guidance on how the requirements of the building control standards can be met. The standards are set out under 9 headings:

  1. Policy, performance and management systems.
  2. Resources.
  3. Consultation.
  4. Pre-application contact and provision of advice.
  5. Assessment of plans.
  6. Site inspection.
  7. Communications and records.
  8. Business and professional ethics.
  9. Complaints procedure.

The Department for Communities and Local Government (DCLG) published an update to standards 6. Site inspection and 7. Communications and records in January 2017.

Final risk assessment guidance

Published by the DCLG in January 2012, this guidance is invaluable when it comes to ensuring compliance with the building regulations and safety of people in and around buildings.

CDM 2015

The Construction (Design and Management) Regulations 2015 came into force on 6 April 2015 replacing CDM 2007. It gives guidance on the legal requirements of CDM 2015 and describes the law that applies to the whole construction process on all construction projects from concept to completion. It also advises on what each duty-holder must or should do to comply with the law to ensure projects are carried out in a way that secures health and safety.

This legislation considerably widens the scope of the former CDM Regulations and the building work to which they apply. Although not directly of consequence to building control and building inspections, surveyors should have cognizance as to their application.

Infrastructure Act 2015

The Infrastructure Act 2015 allows a trade-off of carbon emission reductions on a building control submission with a carbon emission reduction on another site altogether and indeed in another country, ‘off-site carbon abatement measures’.

Deregulation Act 2015

The Deregulation Act 2015 permits under section 2B of the Building Act 1984, the planning authority to make a planning condition a requirement of compliance with other building legislation. Applies in England only.

Code for Sustainable Homes

This code has been withdrawn and the building regulations amended to absorb those parts of the Code that are of benefit.