Memorandum submitted by Local Authority
Building Control (LABC)
1. LABC is the representative and marketing body
for building control surveyors working in local authorities. We
represent some 4,000 professionals working in 376 local authorities
in England and Wales, and we aim to ensure that clients, designers,
contractors and everyone involved in the construction process
are fully aware of the strengths of and services offered by local
authority building control.
2. LABC's vision is to ensure that local
authority building control is at the forefront of securing healthy,
safe, sustainable and accessible buildings in the UK. Our mission
is to promote, support and enhance local authority building control
in the public sector, by providing a strong central and co-ordinating
role.
3. We therefore welcome this opportunity
to submit evidence to this inquiry. LABC is a member of the Construction
Industry Council (CIC), and we understand that they will be submitting
evidence jointly with the Construction Confederation and the Construction
Products Association. We welcome this joint approach from an industry
which is often considered to have too many disparate voices, and
this short supplementary note focuses on issues of particular
concern to LABC.
SCOPE OF
THE INQUIRY—REGULATORY
MATTERS
4. Of the topics listed for consideration
by the Committee, the one of greatest interest to LABC is "Regulatory
Matters, including Building Regulations". LABC strongly believes
that the safety and quality of buildings constructed in the UK
can only be maintained and enhanced by a comprehensive set of
Building Regulations, with compliance ensured by checks and inspections
made by building control surveyors working in local authorities.
5. Private sector competition was introduced
into building control in the mid 1980s. Undoubtedly at that time
local authority building control had a bad reputation, and twenty
years plus of competition has ensured that now both local authorities
and private sector approved inspectors deliver a high-quality
customer-responsive service to the construction industry. Local
authority building control is involved in around 75% of all building
projects in England and Wales. This includes over 95% in the domestic
sector and 80% in the commercial sector (retail, industrial and
office). Even in new homes, the weakest area for local authorities,
it still retains over 50% of the building control function.
6. Relationships and working practices have
been revolutionised by local authorities to ensure that customers
get building regulations advice and guidance during the design
phase to avoid time delays or expensive changes during construction.
This change of approach has enabled local authorities to retain
private sector clients in the face of competition. LABC customer
feedback reveals that companies value local authority building
control because it provides independent advice, wide ranging expertise
and is uncompromised by commercial relationships.
7. The risk of competition is that the price
of the service is driven down, and this has a detrimental effect
on the number of inspections which can be made. The effects of
this have been lessened by voluntary agreements between local
authorities and private sector approved inspectors covering performance
standards, backed up by performance indicators. However, now that
the benefits of competition have been achieved, LABC believes
that it would be in the public interest for building control to
revert to being a service provided by local authorities alone.
This is the position in both Scotland and Northern Ireland.
8. If this were to be done, this would help
to overcome another problem experienced by industry. Small and
medium-sized businesses in the construction industry in particular
are concerned about the triple regulatory burden imposed upon
them by planning, building control and CDM2007. If all three of
these control systems were administered by local authorities alone,
then steps could be taken to integrate them, building on previous
attempts by local authorities to develop one stop shops.
9. Another concern of LABC has been the
introduction in recent years of some self-certification into building
control. Whilst we recognised the necessity of this for things
like the introduction of replacement double-glazing into the Building
Regulations, a number of other schemes in relation to electrical
wiring and energy efficiency have led to problems for building
control officers. They have the ultimate responsibility of determining
whether building work does or does not comply with the Regulations,
and a proliferation of certificates purporting to claim compliance
for individual elements does not necessarily help.
10. From time to time suggestions are made
that the current system of building control should be replaced
by self-regulation, backed up by comprehensive insurance. However,
LABC strongly believes that it would be a retrograde step to adopt
such a system in the UK. Prevention of death and injuries from
unsafe and unhealthy buildings is surely far better than insurance
companies paying compensatory damages afterwards, and the consumer
would undoubtedly prefer a building to be built correctly in the
first place rather than suffer disruption whilst remedial measures
are undertaken.
MAINTENANCE OF
STANDARDS WITHIN
THE SECTOR
11. As noted above, LABC believes that building
control delivered by local authorities is a major factor in ensuring
that high standards of safety and quality are maintained. To assist
in this, it is helpful if all products and systems used in the
sector either comply with a British or European standard, or have
been certified by a body like the British Board of Agrement (BBA)
or BRE Certification, with both of whom LABC works closely. To
lessen the burden on designers, LABC has introduced a system of
Type Approvals through which a design or system can be checked
by one local authority and then accepted by all others. We also
have a Partner Authority Scheme where again the architect or developer
can obtain all his building control advice at the design stage
from a single local authority with whom a very close working relationship
can be developed.
CONSTRUCTION R &
D
12. This is essential if the performance
of the sector is to improve. Before new systems and products are
introduced into the market it is vital that all the implications
for building performance are thoroughly investigated. In the past
changes in the Building Regulations have inadvertently led to
building defects, for example rain penetration through fully-filled
cavities, and it is questionable whether enough is yet known about
the long-term performance of some of the products used in modern
methods of construction. Investment in R&D by both the Government
and industry continues to be disappointing, and the Committee
may wish to consider whether tax incentives or even a levy on
firms might be introduced to remedy this.
AVAILABILITY OF,
AND INVESTMENT
IN, SKILLS
13. Media interest in skills shortages in
this sector tends to focus on craftsmen, but the shortage applies
just as much to building control. The age profile of existing
building control staff is very worrying, and an influx of new
staff is urgently required. LABC is tackling this by:
— trying to raise the profile
of building control surveyors, pointing out the attractiveness
of taking responsibility for ensuring regulatory compliance of
buildings—and Olympics 2012 should help to enhance this;
— working with professional bodies
such as RICS, CIOB and ABE to encourage greater graduate intake;
and
— developing apprentice schemes
for building control surveyors.
ENCOURAGING SUSTAINABILITY
14. LABC fully supports the wishes of all
political parties to place greater emphasis on encouraging the
sustainability of buildings. The Building Regulations are already
the most effective tool in driving up standards of energy efficiency
in new buildings, and the improvements introduced in 2006 are
now starting to bite. The Sustainable and Secure Buildings Act
2004 gives Government the power to make Building Regulations for
other aspects of sustainability, such as water efficiency, and
LABC and local authorities look forward to working with Government
in ensuring compliance with any new Regulations made in this field.
15. The proposal for zero-carbon homes by
2016 is a challenging one, and will require probably at least
two more step changes in the energy efficiency requirements in
the Building Regulations to achieve. It is important that the
Government works closely with LABC and everyone in the construction
sector, perhaps most importantly the product manufacturers, if
this goal is to be achieved. The recently-introduced Code for
Sustainable Homes may provide stepping stones for the more demanding
clients, and may establish sustainability levels to which the
Building Regulations can move in a few years time.
THE UK INDUSTRY'S
PERFORMANCE AGAINST
OTHER COUNTRIES
16. Along with some 30 other organisations
in 20 countries, LABC is a member of the Consortium of European
Building Control, which enables us to compare the building control
systems in the UK with those elsewhere. In general, the strength
of the UK system is recognised, and the flexibility provided by
our combination of goal-based regulations backed up by Approved
Documents is widely admired. A number of countries which have
tried to reduce the role of local authorities in checking compliance
in favour of greater self-regulation have not liked the consequences,
and are moving back to systems such as our own.
FURTHER EVIDENCE
17. We have tried here to focus on key points
for local authority building control. If the Committee would like
further clarification of any of these points, either orally or
in writing, we should be happy to supply it.
3 May 2007
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