Communities and Local Government CommitteeWritten evidence submitted by LABC
Executive Summary
1.1 LABC is a member run organisation for the benefit and representation of Local Authority Building Control. Membership includes all local authorities throughout England and Wales, with links to Northern Ireland and Scotland. We represent 320 Local Authorities with over 3,000 surveyors.
1.2 LABC are of the opinion that the multiple choices available to demonstrate compliance with the Building Regulations creates confusion for consumer, installers and those administering the system controls. Domestic consumers are not necessarily aware of requirements and rely on the installer to follow an appropriate course.
1.3 Overlapping requirements of the Gas Safety (installation and Use) Regulations 1998 and the Building Regulations 2010, together with different control and enforcement bodies provides difficulties in identifying non-compliance issues and responsibilities.
1.4 Many installations rely on the knowledge and integrity of the installer to ensure compliance with no third party inspection.
Evidence for Consideration
2.1 Part P—Electrical safety of the Building Regulations is currently under review and its operation and effectiveness has recently been the subject of debate with industry advisory groups who in return have fed into the consultation process. The resulting consultation paper is expected shortly. Gas safety is subject primarily to the Gas Safety (installation and Use) Regulations 1998 which have independent and separate requirements to Building Regulations, but there is overlap between the two sets of legislation which can give rise to confusion particularly as control and enforcement procedures are administered by separate bodies—The Health and Safety Executive for Gas Safety (installation and Use) Regulations and local authority Building Control for Building Regulations. It should be noted that Approved Inspectors are also able to provide a building control service, but are not able to carry out enforcement under the Building Act 1984 should that be necessary.
2.2 LABC express concern over the effectiveness of demonstrating compliance with the regulatory requirements particularly where the work of electrical or gas installations have a bearing on other parts of the Building Regulations such as structural and fire safety, or acoustic and/or thermal performance of a building.
2.3 Building Regulations allow several different ways to demonstrate compliance. For gas and electrical installations the most popular route is self certification by the installer that the work does indeed satisfy Building Regulations. Persons who are members of a relevant Self Certification Scheme are monitored on a small percentage of work carried out, but the majority of installations are not subject to third party inspection of any kind.
2.4 Self Certification Schemes were introduced by the Government to allow individuals and enterprises to self-certify that their work complies with the Building Regulations as an alternative to using a Building Control Body. The principles of self-certification are based on giving people who are competent in their field the ability to self-certify that their work complies with the Building Regulations without being subjected to building control inspections and fees.
2.5 It is sometimes difficult to determine whether work is being carried out under a self certification scheme or if the work should be subject to building control inspections. Notification of self certified work is not required by the regulations until up to thirty days after completion. A recent LABC survey, results of which are not yet published, will show that where the local authority were involved in third party inspection, a significant number of regulatory requirements relating to Part P would not have been met, if attention had not been drawn to these areas during the construction phase of the work.
2.6 LABC have been working with Gas Safe Register to determine responsibility for compliance with Gas Safety (installation and Use) Regulations and Building Regulations. Building Regulations mirror in part the requirements of the Gas Safety (installation and Use) Regulations, in particular Part J—Combustion appliances and fuel storage systems. It is accepted that a gas installation complying with Gas Safety (installation and Use) Regulations and therefore HSE requirements, for air supply, discharge of products of combustion, and protection of buildings will also satisfy the similar requirements of Building Regulations. However, installations involving a gas supply may also be required to meet other building regulations, in particular Part G for hot water safety and Part L conservation of fuel and power which require separate notification if not covered by a relevant Self Certification Scheme.
2.7 We are advised by Gas Safe Register that persons installing gas heating appliances are not obliged to notify Gas Safe Register of every installation, yet most installations are required to meet Building Regulations. Therefore, if notification is not given to local authorities through a self certification scheme or an Initial Notice (where building control is provided by an approved inspector), a Building Notice or Full Plans application is required to be given to the local authority. As much of the work involved is not immediately apparent to persons outside the property, checks by enforcement bodies are difficult and there is a belief that notices to the local authority are rarely given.
2.8 There are many safety issues for gas installations covered by the Gas Safety (installation and Use) Regulations 1998 that are not repeated in Building Regulations yet a home owner is able to install a gas appliance in his or her own home, and while this is “building work” for the purposes of Building Regulations, there is no immediate control mechanism to ensure compliance with Gas Safety Regulations such as connection to the gas supply. This is potentially a more dangerous scenario than DIY electrical work.
Recommendations for Consideration
3.1 For both gas and electrical installations there is a need to establish a clear route to demonstrating compliance which can be understood by consumer and contractor alike. Overlapping regulatory requirements should be eliminated, making it clear which enforcement body is responsible.
3.2 Notification of any installation should be given to an appropriate body prior to commencement of work. This would facilitate improved third party inspection by the relevant body. Appropriate bodies would be HSE (via Gas Safe Register), Building Control (local authority or approved inspector) or the Self Certification Scheme Operator.
3.3 Introduction of mandatory third party inspection(s) at some stage during execution of the work, by the notified body indicated above, would offer additional assurances regarding compliance, although this would of course increase the cost of compliance.
January 2012