Communities and Local Government CommitteeWritten evidence submitted by Gas Safe Register
THE ADEQUACY OF THE OPERATION OF THE CURRENT BUILDING REGULATIONS RELATING TO ELECTRICAL AND GAS INSTALLATION AND REPAIRS IN DWELLINGS
Introduction
Gas Safe Register has a main remit to operate the gas registration scheme ensuring that registered businesses and their engineers are compliant within the requirements of the Gas Safety (installation & Use) Regulations. The registration body works under a services concession agreement to the Health and Safety Executive to operate the register in the UK, the Isle of Man and Guernsey.
Part of the remit is to undertake regular monitoring and targeted inspections on registered business to inspect compliance to published Gas Industry Standards and applicable Building Regulations.
The Register’s breadth of expertise within its workforce makes it ideally placed to understand the current requirements of Build Regulations and the associated issues faced by consumers and Gas Safe registered businesses in complying with these regulations.
We are measured upon the delivery of the register through a comprehensive set of key performance indicators set by Health & Safety Executive for the effective and efficient delivery of the scheme.
Through its promotional and marketing activity and the close working with over 400 stakeholders the Register has been able to deliver clear and concise gas safety messages to gas consumers. It has also been working with a number of vulnerable groups to increase gas safety awareness where gaps in their awareness and knowledge existed.
The Register has worked closely with both national and local Building Control offices to enhance and maximise the take up by the registered businesses through a wide range of activities. We have also worked with the Local Authority Building Control (LABC) teams to improve our processes to further enhance the compliance process and application of sanctions where required.
Summary of Evidence and Comment
Gas Safe Register has identified, and has clear evidence, that the current levels of understanding of dwelling owners and registered businesses of building regulations and their application is not at a level to support the wider compliance and safety challenges.
It is evident that both dwelling owners and the registered businesses in a high number of cases are confused over the requirements placed upon them and just what needs to be notified for compliance with the building regulations. For ease it may be a consideration to move to an amended position requiring all gas appliances to be notified. This would be the preferred position of many of the local LABC’s we have engaged with.
The Register provides its registered businesses with a simple and effective notification process to support them in being compliant with the self certification process. We have concerns that, approximately, only half of all heating appliances sold that require notification go on to be notified through our systems to the Local Authority.
The Register can also provide clear evidence to prove that, where work is notified using our systems, the work carried out by the registered business will have a significantly higher compliance rate than those installations we find that have not been formally notified. Those businesses that do not notify fall into a number of categories with the most serious of faults being found on those that are not registered/working illegally.
We have identified a perception amongst registered business that there is a lack of enforcement of the Building Regulations by Building Control offices. The consequence of this is that potential enforcement is not seen to be a deterrent to non-compliance.
This would appear to stem from the little publication of any actions undertaken by the enforcement of the regulations.
There needs to be clearly defined sanctions in place for non-conformance and these need to be administered accordingly to ensure all requirements are notified.
We have also evidence to suggest that those with a good understanding of the current guidelines and regulations generally demonstrate greater levels of compliance. This leads us to believe that access to, and improved communication of, the regulations would improve compliance overall.
We also believe that the current regulations would benefit from increased clarity around two areas: where ultimate responsibility lies for non-compliance and the reasons given for non-compliance.
Some evidence shows that consumers are exploited by rogue traders with regards to falsely discharging their responsibility and accountability to dwelling owners leading to high levels of non registered/unsafe work with non compliance to existing standards. We work with the gas industry to reduce the current levels of illegal working being undertaken. From research we identified that there may be in the region of 7,500 businesses/engineers operating illegally and undertaking 250,000 jobs per year.
There is evidence to prove some businesses are selective in their approach to meeting Building Regulations and notifying the LABC of the work undertaken. This is for a number of reasons as highlighted in the following documentation.
The risk around any reduction to the requirement and breadth of the building regulations could be perceived as the regulations are of lower importance resulting in a reduction of the compliance process.
Gas Safe Register offers a fully compliant service for registered gas businesses to comply with the gas and heating and hot waters services areas of the regulations. The register promotes and supports conformance to Building Regulations through its robust messaging to consumers and registered businesses. Its inspection activity, technical advice line, online support and its proactive approach to training from its experienced and qualified workforce encourages compliance.
Are the Current Building Regulations for Safeguarding Health and Safety in Domestic Dwellings Adequate?
Statistical information held by the Register suggests that current Building Regulations, when used in conjunction with the relevant approved documents, provide valuable practical guidance on ways of complying with the legislation.
From work inspected, 6% has been identified to be unsafe. This compares to an unsafe defect rate of 55% from work that was carried out illegally by unregistered workers with the work not notified to LABC.
The Register’s notification records identify that around 50% of gas boiler appliances sold are not notified to LABC. Over 46% of heat producing appliances sold for new build properties are not notified in a manner that identifies that appliances are being installed by competent Gas Safe registered engineers.
Therefore the risk around any reduction to requirement of the scope of Building Regulation could be seen as a watering down of the requirement and deeming it as less important, in this instance we could see even less appliances being notified and this could increase the risk of appliances being installed by non competent or illegal engineers.
It is thought that the following are drivers for non-Notification:
(1)
(2)
(3)
(4)
(5)
(6)
The Lack of knowledge and understanding of requirements from Consumers
The responsibility for Building Regulation compliance rests with the property owner but many property owners will take advice from practicing business as to the requirement to comply with legislation.
The risk in relation to compliance will depend on the knowledge and business ethics of the practicing business and does not ensure the completion of an installation that meets the required standards.
It is common practise from rogue traders to take advantage of this situation and take the opportunity to install a non compliant installation.
The Lack of knowledge and understanding of requirements for Practicing Businesses
It is clear from our inspection program that not all businesses are aware of all parts of the building regulations from a safety perspective.
Currently the onus is on businesses to “self-educate” with regards to their awareness of the regulations and what they need to do in order to comply.
The present training requirement within the gas industry for proving competency to carry out the fitting and maintenance of gas appliances does not include or cover the legal and procedural requirements of energy efficiency, building regulations and notification. This has been raised through the formal competence review undertaken by the Register on behalf of the Health & Safety Executive.
The Cost Implication
There is also a cost implication for the business to comply with the requirement of the regulations and this could lead to the business being uncompetitive at tendering against rogue traders. Businesses view these requirements as disadvantageous especially when tendering against a non-conforming business.
The requirement for a business to self educate with regards to compliance to building regulations is often seen by industry as costly and time consuming. Businesses that do not comply with legislation will gain an advantage re the cost for the materials required and the time saved in not having to fit them.
Failure to apply knowledge and understanding
Although many registered businesses do have the relevant knowledge with regards to the legislative requirements there is clear evidence to show that many of these businesses simply fail to comply with the requirement at all times.
Complaints received from consumers around non-notification prove that businesses are “selective” in work chosen for notification; this could be for tax evasion reasons regarding the HMRC.
The current costs of complying with the procedural demands of the Regulations
Direct notification to a Local Authority can typically cost between £100 and £400 but will greatly vary by local authority. Notification via the self-certification route offered by Gas Safe Register Scheme costs £2.20+VAT online or £3.50 +VAT via the telephone.
Some boiler manufacturers offer to pay for the notification when the boiler warranty is registered and will take steps to ensure that the work was undertaken by a suitable person.
There can be a misconception by engineers that they can let the consumer inform the LA upon completion of the work. This view meets neither of the points above in terms of advance notification to the local authority and it would not be considered as Self Certification Notification as this can only be done by the installing/commissioning engineer.
There is a post-completion “Regularisation” process but we should be driving the message of front end compliance rather that regularisation after the installation. Regularisation can cost a consumer up to £1,000 and may be required when the property goes to market for sale.
How could the Regulations be revised to be streamlined and made more effective?
Current system
To allow for the Regulations to be more effective and accountable there needs to be clearer information about responsibilities for compliance. It has already been identified that there is confusion with the requirements to meet Building Regulations and this is where the opportunity exists to streamline the regulations and increase their effectiveness.
At the moment some consumers are exploited by rogue traders with regards to discharging their responsibility and accountability to consumers which is leading to high levels of non registered/unsafe work with non compliance to existing standards.
Streamline
Having one simple system that is industry accepted, is cost effective, open and transparent and available to all registered businesses would streamline the current system.
This system is already in operation with self-certification scheme operated by Gas Safe Register, with the benefits being:
Easy access; by either telephone and web.
Low cost; telephone £3.50 plus VAT; web £2.20 plus VAT (therefore, a cost effective solution for businesses).
Can upload single as well as bulk notifications.
Fully automated process; once downloaded by the business, a Building Regulations Compliance Certificate is sent directly to the consumer.
Future potential to educate all gas engineers/businesses via on-line be-spoke training packages.
Future potential to educate consumers via on-line website.
Planned Inspection program.
A single repository of notified work. This will remove any ambiguity of whether the work has been pre-notified via the full plans route. This will simplify the signing of the building completion notice and the conveyance process upon property resale.
Central register of installed appliances supports manufacturer safety—recall.
Could provide for a central register to ensure appliances are serviced and maintained as part of the repair to dwellings.
Complaint resolution.
Technical advice and field support.
To drive businesses towards full compliance with the Building Regulations, consideration needs to be given around implementing the current available sanctions applied to businesses that fail to conform. The Register currently provides information to LABC in regards to non-conformance, but is aware that LABC in the main do not undertake enforcement to Building Regulation contraventions. Whilst this situation continues, the culture of businesses that do not comply will not change.
Currently the Register carries out over 40,000 inspections per annum and in doing so provides comprehensive reporting on its finding, as previously stated the serious defect rate for unsafe work found at inspection to be circa 10% on specific gas areas. This information is fed into a risk engine to help the Register target these businesses and place them under tightened inspection mode until the business is deemed compliant; this activity will drive conformity toward regulations and gas safety.
The greater amount of compliance that is achieved will promote wider understanding and support the enforcement of the building regulations improving the overall perception and acceptance for the need to comply.
The Register could offer a consistent approach in supporting LABC by applying sanctions to businesses that do not implement all parts of Building Regulations. This would allow greater collaboration between Gas Safe Register and LABC. Currently the Register has the resource, technical skills, knowledge and practical experience to monitor and control building regulations. This is currently viewed by LABC officers as a valuable function to support their operational activities and enforcement regimes.
Responsibility for Compliance
Under the current arrangements, the building owner can be served with an enforcement notice in cases of non-compliance. The designer, builder and installer only have a requirement to ensure that work complies with the regulations in force at the time. It seems only just that the aforementioned bear a responsibility that is equal to that of the building owner as a minimum because in most instances the building owner will have insufficient technical knowledge to be able to make an informed decision and are reliant upon the guidance and expertise provided by a business.
The consequences and risk of the removal or significant reduction of the scope of the Building Regulations
The potential for unsafe gas work being delivered would significantly increase. Likewise any watering down of the regulations could lead to appliances being installed on an ad hoc basis. This could also have a significant impact upon government targets on energy efficiency.
Statistical information shows that around 50% of gas boiler appliances sold are not notified to LABC with over 46% of heat producing appliances sold for new build property not notified in a manner that identifies that appliances are being installed by competent Gas Safe registered engineers.
The risk around any reduction to requirement of the scope of Building Regulation would in this instance see even less appliances being notified and could increase the risk of appliances being installed by non competent or illegal engineers.
Currently statistical information around work that has been carried out by illegal installer’s shows that 55% of all illegal work inspected is deemed to be unsafe. This would subsequently put further pressure on the Local Authority to manage/deliver the inspection of Gas Work.
January 2012