The government’s on-going initiative to simplify new build housing regulation should see Building Control Bodies and Planning Authorities working closer together to apply the new ‘optional requirements’ that may be appropriate in respect of individual sites.
Following the Housing Standards Review, DCLG published a technical consultation document on 12 September 2014, part of the studies into:
- ‘Improving the energy efficiency of buildings and using planning to protect the environment’ and
- ‘Making the planning system work more efficiently’
The consultation exercise closed on 7 November 2014 and public feedback is currently being analysed.
At Salus, Building Control and Fire Safety Consultants we welcome the government’s determination to simplify the standards that regulate house building in the UK and in ensuring that standards will be maintained and improved. We look forward to early interaction with Planning Authorities to apply any optional requirements considered appropriate.
The government has utilised the Deregulation Bill to amend the Building Act 1984 to enable Building Regulations to set ‘optional requirements’ which can be set at a level above the basic minimum requirement level contained in the Building Regulations 2010. These in turn can then be applied by Planning Authorities as planning conditions. Planning Authorities will have to complete a viability assessment to justify that the optional requirements are necessary. Building Control Bodies will then ensure that the optional requirements are delivered on site.
The next step, subject to Parliamentary approval will be for the Government to lay amendments to the Building Regulations 2010 in early 2015 and these are likely to include optional requirements relating to access (Approved Document M) and water efficiency (Approved Document G). It is also proposed to include a new mandatory security Building Regulation requirement to all new homes which will take the form of a new Approved Document.
Outside of the Building Regulation framework but within the above agenda a new standard is being taken forward relating to space which again can be referenced in planning policies. Unlike all other Building Regulation requirements the optional requirements will not be applicable across the board. They will only become applicable where the local Planning Authority has a plan policy in place that specifically triggers the application of the additional measures.
This could, therefore, create a situation of adjacent Planning Authorities asking for a higher standard of sustainability compliance from each other.
As part of the above proposals it is anticipated that the Code for Sustainable Homes assessment procedure will be wound down and BRE have launched a new voluntary sustainability standard for new homes to allow performance above minimum standards to be recognised.
Further revisions are then likely to update regulations relating to Conservation of Fuel and Power (Approved Document L) which may move the industry closer to the government’s original intention of delivering zero carbon homes by 2016. It is possible that we could see a situation of different levels of Part L compliance dependent upon the Planning Authority by applying the optional requirements procedure described above.
As new Approved Documents start to emerge, Salus will launch a series of update seminars for all concerned and work with all our clients to ensure a smooth transition into the new regulations, only applying any additional requirements as appropriate. Salus welcome early involvement in all projects and are happy to provide initial advice and guidance on any project without obligation.
Martin Taylor
Regional Marketing Manager
Salus Approved Inspectors
Primea House
Marina Court
Maple Drive
Hinckley Leicestershire
LE10 3BF
Tel: 0333 800 5678
martin.taylor@salusai.co.uk
