Agenda item

            The Committee considered the undernoted report and agreed that the attached comments be forwarded to the Department of Finance and Personnel as the Council’s response to the consultation document:

 

“Relevant Background Information

 

      Building Regulations set down the standards to be achieved when undertaking building work and are designed for ‘securing the health, safety, welfare and convenience of persons in or about buildings’.  They are concerned with issues such as structures, fire safety, disabled access, drainage, furthering the conservation of fuel and power etc.  The regulations are made by the Department of Finance and Personnel (the Department) under the primary legislation and are reviewed and updated periodically and in line with the powers contained in the accompanying Order.

 

      In March 2009, the Building Regulations (Amendment) Act (Northern Ireland) 2009 received Royal Assent.  A significant feature of this act was to allow for increased flexibility within the regulations by introducing a guidance based approach as opposed to the current deemed-to-satisfy provisions.

 

      This current consultation is phase one in a three phase consultation process to completely replace the current Building Regulations (Northern Ireland) 2000 with more up-to-date standards.

 

      Phase one deals with updating technical matters in areas such as site preparation and sound insulation.  It will also look at the transfer of issues under fire safety, drainage, glazing, stairs and ramps, etc. from a ‘deemed to satisfy’ legal position to a more open guidance based system.

 

      Phase two will further update the remainder of the technical provisions such as energy conservation and the associated regulations such as ventilation and also align the remainder of the regulations into the guidance based system.

 

      Finally phase three will be a review of the PrescribedBuilding Regulations Fees.

 

Key Issues

 

      The following changes are proposed within the consultation document.

 

      Move from ‘Deemed to Satisfy’ to Guidance Documents

 

      Presently with ‘deemed to satisfy’ documents if the Department wish to adopt solution methodologies into the Building Regulations they must go through the formalities of consultation and the associated process of forming legislation.  This is because the ‘deemed to satisfy’ documents have a specific legal status.  By removing that specific legal status and making them guidance notes, the process for amending or including new documents is simpler and quicker.  As proposed in the Building Regulations (Amendment) Act 2009, the new format of regulations allows for the transfer from ‘deemed-to-satisfy’ to a 'guidance' based system. This will allow greater flexibility in changing regulations in order to keep a pace with construction technology and design features.

 

      An example of where this may be utilised is the Waste Management Guide recently developed by the Waste Management Groups including arc21, which in future could be adopted as best practice guidance.

 

      The Department is proposing to introduce, through this consultation, guidance for:

 

·         Fire safety

·         Stairs ramps, guarding and protection from impact

·         Drainage and

·         Glazing

 

      These guidance booklets will also contain the provisions of the actual building regulations followed by the associated guidance which is designed to make it easier for the industry to understand the intent of the regulation. The Department is also intending to include a 'performance' section to outline the objectives of the regulations as well as verifying and demonstrating compliance.

 

      Updating Existing Regulations.

 

      Preparation of Site and Resistance to Moisture

 

      Proposals to update the technical requirements deal with:

 

·         extending this regulation to material change of use in buildings,

 

·         amending the regulations for radon in connection with sub soil drainage and technical upgrade of constructional elements, and

 

·         making provisions and guidance for developers to recognise and deal with ground contamination.

 

      The guidance document will also be updated to be aligned with current planning requirements. However whilst agreeing with the guidance document on site investigation, dealing with contamination, the draft response asks the Department to ensure greater interrelation with planning conditions and building regulation compliance.

 

      In the provision of mitigating measures to prevent flooding, the draft response proposes to the Department that this should be a consideration under the building regulations. In doing so the Local Authority can ensure that all the planned measures are constructed.

 

      Sound Insulation

 

      Current standards of sound insulation in dwellings can be traced back to the 1950's.  This consultation proposes a technical uplift in the requirements as well as the transfer to the guidance base.  This most welcome amendment proposes increased standards of insulation which are designed to reflect the modern lifestyle with increased dependence of domestic appliances as well as the propensity for home entertainment systems in the modern home.

 

      It will introduce the ability for authorities to ask for pre?completion testing as a method of ensuring compliance.  As such test methods are expensive the proposals allow for ‘robust details’ to be used as an alternative to testing.  Robust details are pre-tested design solutions that achieve a result substantially better than the requirements.  Experience else where in the UK would show that most designers/builders will use the ‘robust details’ as a solution to achieve compliance. 

 

      The Department, in its regulatory impact assessment, estimates that the per-dwelling cost of the 'Sound insulation of dwellings' technical upgrade will range from £180 in a detached premises, £273 for a semi detached house, through to £1,871 for a flat/maisonette.  A full impact assessment is available on the Department website which can be circulated, should the Members wish to have a copy.

 

      Significantly the proposals also include extending the regulations beyond dwellings to include Schools and Colleges which we welcome.

 

      General Comment

 

      In general the Building Control Service welcomes not only the proposed change to a 'guidance' based approach, but also the proposed technical upgrades.  This is particularly true in relation to Sound Insulation in dwellings as this is an area of construction where the Service receives the greatest number of enquiries especially form residents who reside in apartments.

 

      A copy of the draft response is appended to this report.

 

Resource Implications

 

      Financial

 

      There will be no financial implications associated with the proposals with the consultation under phase one.

 

      Human Resources

 

      The changes will involve additional training on the new requirements for our staff.  It is anticipated that this will be absorbed within current training budgets and that economies of scale will be gleaned by working across the local authority Building Control sector in Northern Ireland.

 

Asset and Other Implications

 

      There is no asset or other implications with the proposed changes.

 

Recommendation

 

      The Committee is recommended to adopt, subject to ratification by the Council, the attached response on the proposed new regulations and to make representations to the Department of Finance and Personnel as outlined.

 

COUNCIL RESPONSE

 

Format of Technical Booklets

 

      FORMAT: QUESTIONS

 

      Although moving from regulations supported by deemed-to-satisfy provisions contained in Technical Booklets to the provision of guidance in support of these regulations, the Department proposes to maintain the title ‘Technical Booklet’ for the new supporting documents, but clarifying that these document now contain guidance.

 

F1        Do you agree that the title ‘Technical Booklet’ be retained for the new guidance based documents?

 

            Yes                   No                     No view  

 

            Comments (if any):

 

      It is thought that repeating the requirements of the relevant Part of the regulations within the guidance will help make the connection between the guidance booklet and that Part of the regulations the booklet is supporting.  The Department therefore proposes to include a section repeating the Regulations for the specific Part in the new guidance based documents.

 

F2.       Do you agree that a section repeating the regulations for the specific part be included in the Technical Booklet?

 

            Yes                   No                     No view  

 

            Comments (if any):

 

      The move to a guidance based system should facilitate and encourage more creativity and flexibility in design and the use of materials.  There may be occasions when a practitioner decides not to follow the solution provided in the Technical Booklet or the proposed work is atypical and generic solutions are not appropriate. The Department proposes to include a ‘performance’ section in each Technical Booklet to further explain the regulations and their objectives that will provide the criteria for both demonstrating and verifying compliance with the regulations.

 

F3.       Do you agree with the inclusion of performance criteria in the new Technical Booklets?

 

            Yes                   No                     No view  

 

            Comments (if any):

 

Part E

 

FIRE SAFETY

 

      PART E:  QUESTIONS

 

      It is not proposed to amend the Part E Fire safety regulations, nor is it proposed to amend any of the technical provisions in Technical Booklet E that support the existing regulations.  In a new guidance based Technical Booklet, the Department proposes to include a ‘performance’ section to further explain the regulations and their objectives which should facilitate and encourage more creativity and flexibility in design and which will provide the criteria for both demonstrating and verifying compliance with the regulations.

 

E1.       Do you agree that the guidance given in the proposed Technical Booklet E is complimentary to and broadly level on a technical basis, with the provisions of Technical Booklet E: 2005 (as amended)?

 

            Yes                   No                     No view  

 

            Comments (if any):

 

E2        Do you agree that the guidance given in the proposed Technical Booklet E adequately explains, where appropriate, the rationale behind the provisions?

 

            Yes                   No                     No view  

 

            Comments (if any):

 

Part H

 

STAIRS, RAMPS, GUARDING AND PROTECTION FROM IMPACT

 

      PART H:  QUESTIONS

 

      It is not proposed to amend the Part H Stairs, ramps, guarding and protection from impact regulations, nor is it proposed to amend any of the technical provisions in Technical Booklet H that support the existing regulations.  In a new guidance based Technical Booklet, the Department proposes to include a ‘performance’ section to further explain the regulations and their objectives which should facilitate and encourage more creativity and flexibility in design and which will provide the criteria for both demonstrating and verifying compliance with the regulations.

 

H1.      Do you agree that the guidance given in the proposed Technical Booklet H is complimentary to and broadly level on a technical basis, with the provisions of Technical Booklet H: 2006?

 

            Yes                   No                     No view  

 

            Comments (if any):

 

H2       Do you agree that the guidance given in the proposed Technical Booklet H adequately explains, where appropriate, the rationale behind the provisions?

 

            Yes                   No                     No view  

 

            Comments (if any):

 

Part N

 

DRAINAGE

 

      PART N: QUESTIONS

 

      It is not proposed to amend the Part N Drainage regulations, nor is it proposed to amend any of the technical provisions in Technical Booklet N that support the existing regulations.  In a new guidance based Technical Booklet, the Department proposes to include a ‘performance’ section to further explain the regulations and their objectives which should facilitate and encourage more creativity and flexibility in design and which will provide the criteria for both demonstrating and verifying compliance with the regulations.

 

N1.      Do you agree that the guidance given in the proposed Technical Booklet N is complimentary to and broadly level on a technical basis, with the provisions of Technical Booklet N: 1990?

 

            Yes                   No                     No view  

 

            Comments (if any):

 

N2       Do you agree that the guidance given in the proposed Technical Booklet N adequately explains, where appropriate, the rationale behind the provisions?

 

            Yes                   No                     No view  

 

            Comments (if any):

 

Part V

 

GLAZING

 

      PART V: QUESTIONS

 

      It is not proposed to amend the Part V Glazing regulations, nor is it proposed to amend any of the technical provisions in Technical Booklet V that support the existing regulations.  In a new guidance based Technical Booklet, the Department proposes to include a ‘performance’ section to further explain the regulations and their objectives which should facilitate and encourage more creativity and flexibility in design and which will provide the criteria for both demonstrating and verifying compliance with the regulations.

 

V1.       Do you agree that the guidance given in the proposed Technical Booklet V is complimentary to and broadly level on a technical basis, with the provisions of Technical Booklet V: 2006?

 

            Yes                   No                     No view  

 

            Comments (if any):

 

V2        Do you agree that the guidance given in the proposed Technical Booklet V adequately explains, where appropriate, the rationale behind the provisions?

 

            Yes                   No                     No view  

 

            Comments (if any):

 

Part C

 

PREPARATION OF SITE AND RESISTANCE TO MOISTURE AND  

TECHNICAL BOOKLET C 

 

      PART C: Questions

 

      In order to protect occupants of buildings from the harmful effects of contaminants, the Department proposes to amend the Table to Regulation A9, so that in all material change of use cases, the requirements relating to resistance to contaminants (Regulation C2(1)(b)) shall apply.

 

C1.      Do you agree that regulation C2(1)(b) should apply in all material change of use cases?

 

            Yes                   No                     No view  

 

            Comments (if any):

 

      Although primarily a planning matter, guidance on the preparation of contaminated sites was provided in Appendix 1 in the 1994 edition of Technical Booklet C.  This guidance was not part of the deemed-to-satisfy provision but was included for information purposes.  The guidance has been updated, and brought into a new Section 3.  This is considered sufficient advice to allow a builder to recognise contamination and identify a need for an appropriate site assessment.

 

C2.      Do you agree that the proposed guidance on contaminants is appropriate?

 

            Yes                   No                     No view  

 

            Comments (if any):

 

      Now that guidance (rather than a deemed-to-satisfy solution) can be given in the Technical Booklet it is possible for the Department to provide guidance for the first time on site investigation and clearance or treatment of unsuitable material.

 

C3.      Do you agree that the proposed guidance in Section 2 on site investigation and clearance or treatment of unsuitable material is appropriate?

 

            Yes                   No                     No view  

 

            Comments (if any):

 

      Section 2

 

      We recommend that the local authority is in a position to request or obtain a Site Investigation report from the developer where we deem it essential to secure compliance with the regulations.

 

      We recommend that there is greater interrelation between Building Regulations and Planning conditions especially where those conditions relate to contaminated land.

 

      Now that guidance (rather than a deemed-to-satisfy solution) can be given in the Technical Booklet it is possible for the Department to provide guidance for the first time on subsoil drainage.

 

C4.      Do you agree that the proposed guidance on subsoil drainage is appropriate?

 

            Yes                   No                     No view  

 

      Comments (if any):

 

      Section 4

 

      4.1 - Although this is only guidance we recommend that the local authority have the power to ensure that  designs aimed at mitigating flood damage are realised. 

 

      Local authority building control are well positioned to advise all parties at early design stage on sub soil drainage matters and ensure compliance through planned inspections.

 

      Requirements relating to protection against the effects of radon gas in buildings other than dwellings are contained in Health and Safety at Work regulations.  Building Regulations therefore provide measures to limit the ingress of radon into dwellings.

 

      In the current regulations, the limitation within Regulation C1(1) means that Regulation C2(2) (ingress of radon) does not apply to an alteration to a dwelling or to an extension to a dwelling which is under 30 m².  The Department proposes to remove this limitation; this will mean that all extensions to dwellings including porches and conservatories in radon Affected Areas will require protection from radon.  (Schedule 1 (Class 7 Extensions) will require amendment).

 

C5.      Do you agree with the proposal to remove this limitation so that reasonable measures shall be taken to prevent or limit the ingress of radon in major alterations to dwellings and all extensions to dwellings, including porches and conservatories?

 

            Yes                   No                     No view  

 

            Comments (if any):

 

      In order to protect residents of dwellings from the harmful effects of radon, the Department proposes to amend the Table to Regulation A9, so that in all material change of use cases (to a dwelling), the requirements relating to limiting ingress of radon (Regulation C2(2)) shall apply.

 

C6.      Do you agree that regulation C2(2) should apply in all material change of use cases (to a dwelling)?

 

            Yes                   No                     No view  

 

            Comments (if any):

 

      It is proposed to reference in Technical Booklet C two new documents that will provide guidance on radon protection measures in extensions, conservatories, major alterations and conversions (material change of use). These documents are –

 

GBG 73 Radon protection for new domestic extensions and conservatories with solid concrete ground floors; and

 

BR 267 Major alterations and conversions: a BRE guide to radon remedial measures in existing dwellings.

 

C7.      Do you agree that these documents should be referenced to provide further guidance?

 

            Yes                   No                     No view  

 

            Comments (if any):

 

      The Department proposes to reference, in Technical Booklet C, the revised designated radon Affected Areas included in the Northern Ireland Environment Agency publication ‘Radon in Dwellings in Northern Ireland: 2009 Review and Atlas’.

 

C8.      Do you agree that Technical Booklet C should reference the revised radon Affected areas?

 

            Yes                   No                     No view  

 

            Comments (if any):

 

      With a greater emphasis on the development of brownfield or previously contaminated sites, the Department proposes to amend the title of Part C to include ‘contaminants’ which replace ‘dangerous and harmful substances’.

 

C9.      Do you agree with the proposal to amend the title of Part C and to revise regulation C2 to reflect a greater emphasis on protection from contaminants?

 

            Yes                   No                     No view  

 

            Comments (if any):

 

      The section on floors provides guidance and technical solutions to bring the Technical Booklet up-to-date.

 

C10.    Do you agree that the proposed guidance and technical solutions on floors is appropriate?

 

            Yes                   No                     No view  

 

            Comments (if any):

 

      The section on walls provides guidance and technical solutions to bring the Technical Booklet up-to-date.

 

C11.    Do you agree that the guidance and technical solutions on walls is appropriate?

 

            Yes                   No                     No view  

 

            Comments (if any):

 

      The section on roofs provides guidance and technical solutions to bring the Technical Booklet up-to-date.

 

C12.    Do you agree that the guidance and technical solutions on roofs is appropriate?

 

            Yes                   No                     No view  

 

            Comments (if any):

 

      Please provide any general comments your may wish to make about the proposed amendments to Part C of the Building Regulations and Technical Booklet C in the box below:

 

Part G

 

SOUND INSULATION OF DWELLINGS AND

TECHNICAL BOOKLET G SOUND

TECHNICAL BOOKLET G1 SOUND (CONVERSIONS)

 

      PART G:   Questions

 

      Proposed amendments to Part G of the Building Regulations

 

      Current standards of sound insulation in dwellings can be traced back to surveys carried out in the 1950’s.  Values derived from the performance of the constructions surveyed became the basis for selecting the constructions in Technical Booklets G (1990) and G1 (1994) ‘deemed to satisfy’ standards.

 

      Living standards have changed considerably since the 1950’s. The increased use of home entertainment systems and other domestic appliances has lead to a significant increase in the amount of noise people make at home.

 

G1.      Do you consider it appropriate to introduce improved sound insulation standards to take account of people’s changed living standards and levels of expectation of noise reduction?

 

            Yes                   No                     No view  

 

            Comments:

 

G2.      Do you consider the proposal to extend the scope of the regulations to include ‘Rooms for Residential Purposes’ reasonable?

 

            Yes                   No                     No view  

 

            Comments:

 

G3.      Do you consider the proposal to extend the scope of the regulations to include ‘Internal Walls and Internal Floors’ reasonable?

 

            Yes                   No                     No view  

 

            Comments:

 

            Will be too onerous for builders.

 

G4.      Do you consider the proposal to extend the scope of the regulations to include ‘Reverberation’ reasonable?

 

            Yes                   No                     No view  

 

            Comments:

 

G5.      Do you consider the proposal to extend the scope of the regulations to include ‘Schools and Colleges’ reasonable.

 

            Yes                   No                     No view  

 

            Comments:

 

G6.      Do you consider the performance standards for ‘Purpose built Dwelling houses and flats adequate?

 

            Yes                   No                     No view  

 

            Comments:

 

G7.      Do you consider the performance standards for “Dwelling houses and flats formed by a material change of use” adequate?

 

            Yes                   No                     No view  

 

            Comments:

 

G8.      Do you consider the performance standards for ‘Purpose built Rooms for Residential Purposes’ adequate?

 

            Yes                   No                     No view  

 

            Comments:

 

G9.      Do you consider the performance standards for ‘Rooms for Residential Purposes’ formed by a material change of use’ adequate?

 

            Yes                   No                     No view  

 

            Comments:

 

G10.    Do you consider it reasonable to have different performance standards for purpose built dwelling houses and rooms for residential purposes and those formed by a material change of use?

 

            Yes                   No                     No view  

 

            Comments:

 

      We believe that technology and modern construction techniques should allow the same performance standards to be attained whether new build or material change of use.

 

G11.    Do you consider the performance standards for internal walls and floors adequate?

 

            Yes                   No                     No view  

 

            Comments:

 

G12.    Do you consider the adoption of DnTw and spectrum adaptation term Ctr is the most suitable for targeting the low frequency sounds encountered in modern Houses and Rooms for Residential Purposes?

 

            Yes                   No                     No view  

 

            Comments:

 

G13.    Do you consider Pre-completion testing an acceptable method of ensuring compliance?

 

            Yes                   No                     No view  

 

            Comments:

 

      Valuable but only for testing the structure without floor coverings.

 

G14.    Do you consider a ‘robust details’ Scheme an acceptable alternative method of ensuring compliance?

 

            Yes                   No                     No view  

 

            Comments:

 

G15.    Do you consider the guidance and examples given in Section 2 on ‘separating walls and associated flanking constructions for new buildings’ adequate?

 

            Yes                   No                     No view  

 

            Comments:

 

G16.    Do you consider the guidance and examples given in Section 3 on ‘separating floors and associated flanking constructions for new buildings’ adequate?

 

            Yes                   No                     No view  

 

            Comments:

 

G17.    Do you consider the guidance and examples given in Section 4 on ‘dwelling houses and flats formed by a material change of use’ adequate?

 

            Yes                   No                     No view  

 

            Comments:

 

G18.    Do you consider the guidance and examples given in Section 5 on ‘internal walls and floors for new buildings’ adequate?

 

            Yes                   No                     No view  

 

            Comments:

 

G19.    Do you consider the guidance and examples given in Section 6 on ‘rooms for residential purposes’ adequate?

 

            Yes                   No                     No view  

 

            Comments:

 

G20.    Do you consider the guidance and worked examples given in Section 7 on ‘reverberation in the common internal parts of buildings containing flats or rooms for residential purposes’ adequate?

 

            Yes                   No                     No view  

 

            Comments:    None”