Scottish building regulations - fire safety review and compliance: call for evidence

4 Procedural principles of the Compliance Plan Approach

In developing the compliance plan approach a number of procedural requirements have emerged which would benefit from further public consultation. Building types of specific concern following high profile failures were consulted on in November 2021 with a high level of support received (with the exception of low rise volume housebuilding) and these building types are subject to the first guidance roll out of the Compliance Plan Approach. They are termed High Risk Buildings (HRB) and are;

• Domestic or residential buildings higher than 11 metres
• Educational, community, sport buildings
• Non-domestic public buildings under local authority control
• Hospitals
• Residential care buildings

Stakeholders have since asked whether other building types should be included in the definition of HRB, including high rise non-domestic buildings, enclosed shopping centres and entertainment venues.

Question 11

11. Do you agree that non-domestic buildings with any storey at a height of more than 11 metres above the ground should be defined as a High Risk Building?

Yes / No / Not sure

Please provide any evidence or examples to support views, contribution or comments.

Comments:

Question 12

12. Do you agree that enclosed shopping centres should be defined as a High Risk Building?

Yes / No / Not sure

Please provide any evidence or examples to support views, contribution or comments.

Comments:

Question 13

13. Do you agree entertainment venues such as theatres, concert halls and arenas should be defined as a High Risk Building?

Yes / No / Not sure

Please provide any evidence or examples to support views, contribution or comments.

Comments:

Compliance Plan: Pre-warrant Stage

The Compliance Plan Approach for HRB’s has been developed to include a formal pre-application or pre-warrant stage, which must be completed before a building warrant application can be made. Its purpose is to focus pre-warrant discussions on compliance and how the risks of non-compliance during the construction phase can be managed and mitigated. Discussions with stakeholders have included a proposal that the formal pre-warrant process begins with an application for a Compliance Plan in Principle, that this must be submitted a minimum of 12 weeks before the first submission of building warrant for the project, and that the process, ending in the issue of a Compliance Plan in Principle by the verifier, must also be completed before a verifier can legally register an application for building warrant. The 12 weeks period mirrors that required for a Planning Application Notice for Major Development to be submitted before submitting a planning application.

Question 14

The following questions consider the role of the Compliance Plan at the pre-warrant stage.

14(a) Do you agree with the proposed minimum 12-week timescale for submission to a verifier of an Application for Compliance Plan in Principle for a High Risk Building?

Yes / No / Not sure

Please provide any evidence or examples to support views, contribution or comments.

Comments:

14(b) Do you agree that a verifier should only register a building warrant for a High Risk Building after a Compliance Plan in Principle has been issued?

Yes / No / Not sure

Please provide any evidence or examples to support views, contribution or comments.

Comments:

Compliance Plan: Re-inspection of non-compliant work

Building Standards Verifiers currently carry out ‘reasonable inquiry’ into whether work has been carried out in accordance with the building regulations, and do not certify work as compliant, as this is the role of the completion certificate submitted by the Relevant Person. Verifiers report that in many instances they are used to check whether work is compliant by contractors, and often have to reinspect work, in some cases several times. This equates to verifiers spending excess time on projects where those delivering the construction do not get it right first time, potentially to the detriment of projects who diligently check compliance of work before calling verifiers to site.

The current system of building standards fees, which is based on the application of an estimated costs of works to a standard fee scale, delivers resources to local authorities to carry out their duties, including the inspections and checks required through their ‘reasonable inquiry’. A verifier’s planned reasonable inquiry, and the resources they expend, increases based on how well a project is managed and delivers compliant construction. This results in diligent construction projects receiving less verifier time than those who attempt to incorrectly use the verifier to assure compliance.

Question 15

15. Should projects that request a site visit without first ensuring compliance through their own checks pay an extra, reasonable fee for reinspection?

Yes / No / Not sure

Please provide any evidence or examples to support views, contribution or comments.

Comment:

Legislation

The Scottish Government’s response to the final Grenfell Inquiry Report included a commitment to consult further on legislation required to introduce the role of a Compliance Plan Manager into the building standards system. We have also committed to introduce the CPA at an earlier stage as a guidance based non-statutory approach. Guidance for verifiers and industry is being published in coming months.

The Scottish Government’s view is that to provide the safety and sustainability of HRBs that legislative change is required.

Question 16

Do you agree that legislation is required to give full effect to the Compliance Plan Approach and role of the Compliance Plan Manager for High Risk Buildings?

Yes / No / Not sure

Please provide any evidence or examples to support views, contribution or comments.

Comments: