Key insights

• Licensing and Liability Concerns

  • 🏗️ Licensing for building contractors is being considered, with various organizations already having released schemes for principal designers and contractors.
  • 🏗️ The Defective Premises Act now applies to all residential units and has a 15-year liability period for defects.
  • 🏗️ Potential liability issues may extend to product suppliers and manufacturers if defects arise from their products.

• Evolving Role of Building Control

  • 🔍 Building control's role is shifting towards regulation rather than design advice.
  • 🔍 Registered building control approvers must have no financial interests in their projects.
  • 🔍 Final compliance certificates are evidence but not conclusive proof of building regulations compliance.

• Building Control Changes

  • 🚧 New suite of compliance documents for local authorities and registered building control approvers.
  • 🚧 Introduction of protected titles for building control professionals, similar to doctors and solicitors.
  • 🚧 Competency assessment involves extensive documentation and interviews to demonstrate qualifications.
  • 🚧 Different classes of registration based on competency schemes and areas of expertise.

• Commencement Notifications and Compliance Declarations

  • 🏗️ Commencement is defined by the completion of the lowest ground floor structure.
  • 🏗️ Notification to the building control body is required once work commences, especially with changes in building footprint.
  • 🏗️ A compliance declaration from all duty holders is necessary at project completion for final certification.
  • 🏗️ Regulatory changes require ongoing communication and compliance.

• Compliance and Communication Responsibilities

  • 🏗️ Principal designers must ensure all designers cooperate with other duty holders.
  • 🏗️ It's essential to have clear communication with clients regarding compliance and responsibilities.
  • 🏗️ Recent changes in building regulations require notifications to the building control body within 14 days of appointing duty holders.
  • 🏗️ There are legal definitions of 'commencement' and 'starting work' for various types of construction projects.

• Roles and Responsibilities under CDM Regulations

  • 🏗️ Understanding the roles and responsibilities of principal designers and contractors under CDM regulations is crucial for compliance in domestic projects.
  • 🏗️ Domestic client must appoint principal designer and principal contractor as per CDM regulations.
  • 🏗️ Design work must not start until the client is aware of their duties.
  • 🏗️ Competence is defined by skills, knowledge, experience, and behaviors needed for the role.
  • 🏗️ Designers must ensure their work complies with all relevant regulations and consider its impact on overall project compliance.

• Procedural Changes in Building Regulations

  • 🏗️ New procedural changes to building regulations started on October 1, 2023, clarifying duties for clients, contractors, and designers.
  • 🏗️ Procedural changes do not alter technical requirements like U-values or EV charging points.
  • 🏗️ New requirements apply to building control applications submitted after October 1, 2023.
  • 🏗️ Clear duty holder responsibilities are outlined at different project stages.
  • 🏗️ Domestic clients are assumed to lack sufficient competence, shifting responsibility to contractors for compliance.

• Building Safety Act 2022

  • 🏗️ Introduction of the Building Safety Act 2022 as a major regulatory change in the construction industry.
  • 🏗️ Establishment of a new tier of regulations for higher-risk buildings and a new regulator, the Building Safety Regulator.
  • 🏗️ Clear delineation of responsibilities to improve accountability in the construction sector after incidents like Grenfell Tower.
  • 🏗️ Changes include the extension of liability periods under the Defective Premises Act, impacting both new and existing projects.
  • 🏗️ Building regulations started phased enactment from October 1st, 2022.

Q&A

• What are the potential changes regarding licensing for building contractors? 🏗️

  There is ongoing discussion about licensing building contractors, with various organizations proposing registration schemes. The impact of governmental changes on licensing remains uncertain; however, liability and insurance concerns are expected to drive the need for registration and adherence to standards, including the Defective Premises Act's implications.

• Are compliance certificates conclusive proof of compliance? ❓

  Final compliance certificates serve as evidence of compliance with building regulations but are not definitive proof. The responsibility for compliance rests with the parties directly involved in the construction, and registered building control approvers should have no financial interest in the projects they oversee.

• How is building control evolving? 🔍

  Building control is undergoing substantial changes, including a new suite of compliance documents and an enhanced registration process for building control professionals. This evolution emphasizes stricter competency assessments and the introduction of protected titles, ensuring professionals meet higher standards.

• What are the implications of commencement notifications? ⚠️

  Commencement notifications are critical; they require informing the building control body when work begins. The definition of 'commencement' is based on building activities such as completing the lowest ground floor structure, and failure to meet these notifications can lead to regulatory complications.

• What are the duties of a principal designer? 🏗️

  The principal designer ensures all designers cooperate with other duty holders and that their work complies with relevant regulations. The appointment of the principal designer must be communicated to the client, who must also be informed of their duties before design work starts.

• Who must be appointed as per CDM regulations? 👷‍♂️

  Under Construction Design and Management (CDM) regulations, domestic clients must appoint a principal designer and a principal contractor before construction begins. The principal designer manages the design phase, while the principal contractor oversees the construction phase.

• What changes took effect from October 1, 2023? 🔄

  As of October 1, 2023, new procedural changes to building regulations clarify the obligations of clients, contractors, and designers. These changes focus on the distinction between domestic and non-domestic clients and do not alter existing technical requirements like U-values or EV charging points.

• What are the new responsibilities outlined in the Building Safety Act? 📜

  The Act delineates clear responsibilities to enhance accountability in construction, including extended liability periods under the Defective Premises Act and clarified duties for clients, contractors, and designers, particularly for domestic clients who are assumed to lack sufficient competence.

• What is the Building Safety Act 2022? 🏗️

  The Building Safety Act 2022 is a major regulatory shift in the construction industry aimed at improving building safety standards following the Grenfell Tower disaster. It establishes new responsibilities for building control bodies and introduces a new tier of regulations specifically for higher-risk buildings, along with the creation of the Building Safety Regulator.

• 00:02 John Palmer discusses the 2022 Building Safety Act, highlighting significant regulatory changes in building safety following the Grenfell Tower disaster, creating new responsibilities for building control bodies and regulations for higher-risk buildings. 🏗️
• 06:13 New procedural changes to building regulations came into effect on October 1, 2023, clarifying duties for clients, contractors, and designers, particularly distinguishing between domestic and non-domestic clients. 🏗️
• 12:01 Understanding the roles and responsibilities of principal designers and contractors under CDM regulations is crucial for compliance in domestic projects. Key points include the requirement for competent individuals to fulfill these roles, the importance of client awareness of their duties, and the necessity of appointing designers and contractors before construction begins. 🏗️
• 17:45 This segment discusses the responsibilities and duties of principal designers and clients in building projects, emphasizing the importance of compliance with regulations and communication regarding design work and construction phases. 🏗️
• 23:33 Changes in building regulations emphasize the importance of commencement notifications and compliance declarations. Constructing structures requires timely communication with building control bodies to avoid regulatory pitfalls. 🏗️
• 29:35 Building control is undergoing significant changes, with new compliance documents, monitoring arrangements, and a registration process that enhances professional conduct and competency requirements for individuals in the field. 🚧
• 35:31 The discussion highlights the evolving role of building control and the importance of clear responsibilities for duty holders. Recent changes emphasize the need for building control approvers to have no financial interest, aim to reduce design advice roles, and clarify that compliance certificates are not definitive proof of compliance. 🔍
• 42:01 The discussion centers on the licensing of building contractors, potential changes in legislation, and how insurance and liability concerns could drive the need for registration of principal designers and contractors, alongside the implications of the Defective Premises Act. 🏗️