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Building regulations – compliance and enforcement: consultation analysis

Analysis of the building regulations compliance and enforcement consultation which ran between 11 November 2021 and 9 February 2022.


5 Impact Assessments

5.1 Equality impact assessment

1. Consultation respondents were asked whether they felt any proposals in the consultation would impact or have implications on equality groups. A small minority (8%) said yes – all organisational respondents (Figure 5.1).

Figure 5.1 Whether proposals in this consultation would impact equality groups

Table showing a small minority, 8%, felt the proposals in the consultation would impact or have implications on equality groups.

2. A total of 13 respondents (including 11 organisations) provided further comments.

3. Four believe that the creation of the CPM role has the potential for impact on certain equality groups, specifically women, those with disabilities, ethnic minorities and those from lower socio-economic backgrounds.

4. One respondent expressed that further clarity would be needed regarding the CPM role to be able to better understand the likely equality impact.

"It is not yet clear how the CPM role will ensure equality is addressed for all types of building users." - Organisation, Designer/Consultant

"Building sites are still difficult for women." – Organisation

5. Three organisations said that they do not anticipate any impact or implications on equality groups.

6. Two respondents anticipate a positive impact on vulnerable groups due to greater protection provided from fire and other safety risks.

5.2 Business and regulatory impact assessment (BRIA)

1. Respondents were asked if they thought that any of the proposals in this consultation would have any financial, regulatory or resource implications for them and/or their business. Almost two thirds of respondents (63%) said yes, and more so among organisations compared with individuals (Figure 5.2).

Figure 5.2 Whether proposals would have any financial, regulatory or resource implications

Table showing almost two thirds of respondents, 63%, said yes, they thought that any of the proposals in this consultation would have any financial, regulatory or resource implications for them and/or their business, more so among organisations compared with individuals

2. Among 48 respondents providing further comment (including 34 organisations) over half mentioned the possibility of increased resources and/or higher skills demand for design teams and verification teams; as well as increased staffing and project costs.

3. Seven respondents, including six organisations, expressed a generally positive outlook on the implications of the consultation proposals, saying that they would help to:

  • Improve compliance with the building standards;
  • Ensure safety and quality of the products used in design and construction;
  • Improve building skills and methods; and
  • Reduce the need for inspection and enforcement in the long run.

"I expect the proposals will likely add cost for additional consultant professional input and attendance on site to ensure better compliance with Building Standards. However, I believe that any additional costs at design and construction stages will help avoid very costly retrospective remedial works and ensure better quality and better assurance of installation/specification and safety for all parties." – Organisation

4. Other potential implications raised by individual respondents include:

  • Increased duration of the building warrant approval process and/or project delivery;
  • Impact on professional indemnity insurance, e.g. increased cost and/or requirements for the CPM;
  • Increased workload for local authorities.

"The introduction of a CPM will lengthen the time taken to obtain a building warrant, require the appointment of additional staff or consultants and will increase the time taken to obtain a building warrant which could result in increased loan charges on land purchases." – Organisation

"PI insurance premiums will be an issue with the current insurance market already in an upward spiral of fee increases." – Individual

Contact

Email: thomson.dyer@gov.scot

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