Publication - Consultation paper

Building regulations - compliance and enforcement: consultation

We are seeking views on the development of a new Compliance Plan Manager role within the building standards system which will apply to specific High Risk Building (HRB) types, the definition of these HRBs and the level of fines where work is not carried out in accordance with the regulations.

Building regulations - compliance and enforcement: consultation
Part 2 – High Risk Building Types

Part 2 – High Risk Building Types

Overview

This section of the consultation seeks to establish what high risk building types should be subject to strengthened building standards system requirements. This will include a requirement to appoint a Compliance Plan Manager (CPM), independent of the contractor, to develop along with the designer and contractor (where appointed) a Compliance Plan and oversee the plan as agreed by the verifier through to the completion of the building.

It is proposed that a CPM will be appointed on all 'in scope' HRB projects. The CPM will work collaboratively with the designer and contractor to develop a project Compliance Plan for verifier agreement and approval with the building warrant plans and details based on the Compliance Plan Handbook CPHB. The CPM will then oversee and be responsible for ensuring the agreed Compliance Plan is fully discharged from project inception to completion. During the construction phase, the CPM will collate the compliance evidence on behalf of the Relevant Person, facilitate the agreed verification inspections/checks and submit, at the appropriate stages, the verification compliance evidence required by the verifier as detailed in the CP along with the completion certificate submission application. In doing so, this now provides evidence and documentation to substantiate the competent submission of the completion certificate which at present does not require such detailed supporting evidence to be submitted to the verifier.

The Compliance and Enforcement review panel noted:

"For non-domestic buildings and high rise residential buildings, it was agreed that a more specific approach to the individual building would be required in determining the nature, frequency and timing of proposed inspection plans. This would take account of the function of the building, its location, proposed occupancy, scale, height, complexity of design and related risk factors."

Taking into account the recent failings on certain building types resulting in fatal or potentially fatal consequences, the potential consequences of public buildings being unavailable for use, and the impact that non-compliance can have on how buildings perform in use, it is proposed that the following 'in scope' building types should apply:

Building Types in scope to be defined as an HRB

  • Domestic building or residential building with any storey at a height of more than 11 metres above the ground.
  • Educational establishments (schools, colleges and universities), community/sport centres and non-domestic buildings under local authority control/where they have an interest in a building.
  • Hospitals
  • Residential care buildings
  • Housing sites (low-rise)

Question 2.1 - Do you agree domestic building or residential building with any storey at a height of more than 11 metres above the ground should be defined as an HRB?

  • Strongly agree
  • Agree
  • Neither agree nor disagree
  • Disagree
  • Strongly Disagree

Please select only one answer and provide your reasoning in the box below.

Comments:

Question 2.2 - Do you agree that educational establishments (schools, colleges and universities), community/sport centres and non-domestic public buildings under local authority control/where they have an interest in a building should be defined as a HRB?

  • Strongly agree
  • Agree
  • Neither agree nor disagree
  • Disagree
  • Strongly Disagree

Please select only one answer and provide your reasoning in the box below.

Comments:

Question 2.3 - Do you agree that hospitals[3] should be defined as a HRB?

  • Strongly agree
  • Agree
  • Neither agree nor disagree
  • Disagree
  • Strongly Disagree

Please select only one answer and provide your reasoning in the box below.

Comments:

Question 2.4 - Do you agree that residential care buildings should be defined as a HRB?

  • Strongly agree
  • Agree
  • Neither agree nor disagree
  • Disagree
  • Strongly Disagree

Please select only one answer and provide your reasoning in the box below.

Comments:

We would like to gauge opinion on whether or not low-rise volume housing sites should be considered 'in scope' and require to follow the same strengthened compliance process as those defined under the HRB category. This would go beyond the review panel on Compliance and Enforcement recommendations to address high risk building types. However, the Compliance Plan Working Group felt there would be merit in exploring whether the strengthened system should be applicable to low-rise volume house buildings sites driven by the effect on climate as new housing accounts for a large part of the newly created built environment.

Question 2.5 - Do you agree low-rise volume house building sites should be defined as a HRB?

  • Strongly agree
  • Agree
  • Neither agree nor disagree
  • Disagree
  • Strongly Disagree

Please select only one answer and provide your reasoning in the box below.

Comments:

Question 2.6 - Do you agree that where a building that falls into one of the defined HRB categories either by conversion or where an existing HRB is being altered or extended that these building types should need to follow the strengthened Compliance Plan regime and require a Compliance Plan Manager to be appointed.

  • Strongly agree
  • Agree
  • Neither agree nor disagree
  • Disagree
  • Strongly Disagree

Please select only one answer and provide your reasoning in the box below.

Comments:


Contact

Email: thomson.dyer@gov.scot