Conclusions and recommendations
Gas
1. Under
the legislation, the ultimate responsibility for Building Regulation
compliance rests with the building owner as the procurer of the
work, even though in reality they rely on those carrying out the
work to advise them adequately. During the evidence sessions,
we raised the possibility of removing liability from the householder.
We accept that such a step would remove a key component from the
system of compliance and would set gas and electrical work at
odds with the rest of the building control regime. But the operation
of the current arrangements is unsatisfactory. In order to work
properly, householders must become aware of their responsibilities.
Much of our evidence pointed out that, in order to protect homeowners
adequately from those who would mislead them (and who are also
most likely to fail technically), much more needs to be done to
raise the public level awareness of homeowners' obligations, and
where independent advice can be gained. The Government needs to
be far more proactive—working with the gas industry, DIY
shops, planning authorities—in promoting a campaign of awareness
about gas safety and houseowners' liabilities and responsibilities.
We recommend that, in responding to this Report, the Government
sets out a programme of measures to raise awareness and that in
two years it provides us with a memorandum estimating the effectiveness
of the measures. (Paragraph 12)
2. We
welcome the fact that the Government's current consultative exercise
includes the strengthening of enforcement under the Building Regulations,
and that the Government is working closely with the HSE to examine
if there are ways to address the problem of non-compliant engineers
working on gas installations. The level of failure to meet the
requirements of the regulatory regime is worrying. It must follow
that more stringent enforcement of requirements will reduce illegal
and potentially unsafe works being carried out. We recommend that
the Government produces a programme of measures to strengthen
enforcement of the regulatory regime, and that it provides us
with a memorandum in two years' time, with statistical details
showing any improvement or otherwise in compliance on gas installations.
(Paragraph 15)
Carbon monoxide alarms
3. Carbon
monoxide alarms can make a significant difference to safety in
the home, by the early detection of the odourless, invisible and
potentially lethal fumes of carbon monoxide. The Government has
already agreed that the new Green Deal will include a requirement
that all installers must assess the impact of their work on the
air tightness of the property, and any associated increase in
risks of carbon monoxide poisoning that might occur as a result.
Where there is an increase in risk of poisoning, the Government
has agreed that installers will have to fit a carbon monoxide
alarm, and will have to check that existing carbon monoxide monitors
are in working order. We welcome the inclusion of carbon monoxide
alarms in the Green Deal standard. Confusion between government
departments, particularly in respect of public safety issues,
is unacceptable and we conclude that the Government needs a comprehensive
policy. We recommend that Part J should go even further and require
audible, wired-up EN 50291-compliant carbon monoxide alarms to
be fitted wherever a relevant heating appliance is installed in
any new-build or existing homes. (Paragraph 24)
Gas safety: public awareness
4. We
recommend that the Government co-ordinate a concerted effort by
the various industry organisations to continue to raise public
awareness of carbon monoxide poisoning, to be overseen by the
Government. Too little is still known by householders about the
danger of carbon monoxide in the home, and the greater the number
of households that have carbon monoxide alarms, the less the risk
of death or injury through carbon monoxide poisoning. (Paragraph
27)
5. Householders
need to be more aware of current legislation surrounding the installation
of gas appliances, and the fact that they are liable for the consequences
of not using certified engineers. We recommend that there be a
major publicity campaign, involving all relevant bodies—including
the Government, local authorities and the gas industry—to
ensure that householders know the legal and safety consequences
of not choosing a Gas Safe engineer. (Paragraph 28)
Electrical work: scope of Part P
6. From
the evidence we received, we are satisfied that Part P has been
successful in driving up standards and in reducing the number
of electrical faults. We would therefore be reluctant to endorse
any diminution of the scope or operation of Part P, which might
reverse that trend. We require the Government to seek research
and evidence to show that safety would not be reduced. (Paragraph
33)
7. In
its consultation exercise, the Government is suggesting that certain
installation work currently classified as 'notifiable'—because
the work is carried out in parts of dwellings considered in 2005
to be of higher risk (in kitchens, bathrooms and gardens)—could
be reclassified as non-notifiable, which would remove some of
the associated regulatory burden. Again we do not endorse any
diminution of Part P, taking minor works in areas of higher risk
such as kitchens, bathrooms and gardens out of its reach. Any
proposals to remove work from notifiable status need to weigh
the reduction in the regulatory burden carefully evaluated against
the impact on safety, to show clearly that such a change would
not result in more death and injury. (Paragraph 34)
Electrical work: Competent Person Scheme
8. Concern
has been raised about the potential conflict of interest that
exists in the three approval authorities of the Competent Person
Scheme under Part P. These Scheme operators obtain their finance
from the very same companies whose work they judge and they are
in competition with each other. We consider that the Government
needs to put stronger controls in place over the Competent Person
Scheme, to show that the Scheme is serving the best interests
of the safety of the public. The current arrangements need greater
independent supervision to offset the pressures to compromise
safety standards and actively to seek out conflicts of interest
and distortions of the market. (Paragraph 40)
9. There
have been calls for a mandatory requirement to use qualified electricians
to install any electrical installation—in effect, the Gas
Safe model applied to electrical work—with its mandatory
use of registered installers. On balance, we are not convinced
that such a scheme would be justified for electrical works at
the present time. In our view it is better to improve the current
arrangements, as we have suggested in our Report, and that a strengthened
Part P Building Regulation regime would be better than a fully
mandatory scheme at the present time. However, we recommend that
the Government reports back to us in two years, on the success
of the Government's changes, and in the report review the possibility
of a mandatory use of registered installers. (Paragraph 44)
10. Competent
Person Schemes should work more closely with the Local Authority
Building Control, to assist more closely with adherence to the
Building Regulations. We see force in a requirement for work to
be notified to the relevant Building Control before that
work is carried out, and we recommend that the Government studies
such representations in the consultation exercise seriously. We
also see scope in allowing a member of a Competent Person Scheme
being able to take over responsibility for inspection and testing
of DIY and non-registered electricians' work from the Building
Control Body. (Paragraph 46)
Electrical work: public awareness
11. We
recommend that sockets and other electrical equipment sold by
DIY stores should carry a health warning that it is illegal for
an unregistered person to carry out most electrical works in the
home without checks being completed by the Building Control service
or, if our earlier recommendation is accepted, by a member of
a Competent Person Scheme, acting instead of the Building Control
service. This will encourage the general public to use registered
electricians, and reinforce the general health and safety message
that electrical work can potentially be extremely hazardous. (Paragraph
49)
12. Householders,
not installers, are legally responsible for any electrical work
in their homes, yet—as with gas installation work—the
majority of householders are unaware of the regulations and of
this legal responsibility, and, instead, rely on those carrying
out the work to advise them adequately. Many observed that, in
order to protect them better from those who would mislead them
(and who are also most likely to fail technically), more needs
to be done to raise awareness levels within the public of their
obligations and where independent advice can be gained. (Paragraph
50)
13. There
is a need for greater public awareness about the dangers of sub-standard
electrical repairs and installations, in order to increase the
public's understanding both of the dangers of using unqualified
electricians and of the need to have regular maintenance checks
on the electrical circuits in their homes. The Government should
join with the other main players—especially the scheme operators—to
ensure that the public are better informed of their responsibilities.
We support the Government's efforts to support Competent Person
Scheme operators to promote and publicise Building Regulations.
We reiterate our recommendation that in responding to this Report
the Government sets out a programme of measures to raise awareness
and that in two years it provides us with a memorandum estimating
the effectiveness of the measures. (Paragraph 55)
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