Neil Hargreaves is managing director of Knauf Insulation Northern Europe
Change doesn’t happen quickly in construction. Ours is an industry that tends to value the steady march of progress above riskier leaps into the future. But for those responsible for compliance within their respective organisations, 2023 will not have felt like business as usual. New requirements have come thick and fast, introduced by new and updated regulations governing both building performance and construction practice.
“It’s time for buildings to deliver their promised performance in the real world”
In this context, construction could be forgiven for focusing on the immediate compliance need. But to take that short-term approach would doom our industry, as the changes we’ve seen over the past 12 months are just the beginning of a much more substantial shift that is transforming the way we design and build in this country – and construction needs to get ahead of it.
Changing regulations
Last year, we saw Part L 2021 come into full force, and the advent of the Building Safety Act.
It’s now several months since the full implementation of the former, and though the industry has adapted to its modest uplift in performance specifications with relative ease, there is still some finding of feet to be done with some of its other requirements. Not least, the new BREL report with its requirement for photographic evidence to prove installation quality. This is a beefing up of quality assurance; for the first time, our industry faces scrutiny of ‘as-built’ fabric quality for every home.
The Building Safety Act is an altogether different beast. The welcome culmination of Dame Judith Hackitt’s review, its provisions are already transforming the way we design and build, particularly high-risk buildings. The gateways it introduces – essentially compliance checkpoints – are a significant departure from previous practices that took a much looser approach to specification integrity.
On the face of it, they are two different sets of regulations. One setting standards for energy efficiency, the other governing practices and processes in the industry. But look a little closer and there’s common ground between the two.
The signal from the noise
First, a drive towards accountability. Across the spectrum of construction regulation, changes are afoot to assign responsibility to every stage of the supply chain. Manufacturers are being held liable for the accuracy of their product information, including marketing claims; architects and specifiers for the safety of their building designs; and contractors for the quality of their construction. The effect is to shift from a model where ‘someone else is responsible’, to one where responsibility is assumed by all.
Second, digitalisation. Every industry is attempting to grasp the opportunity and grapple with the threats from new technology, and construction is no different. The new BREL report is a basic example of regulatory change enabled by technology, but there is more interesting work underway in Whitehall. Witness the smart meter enabled thermal efficiency ratings (SMETER) project, as the government seeks to validate sensor and measurement technologies to underpin a smarter, more accurate EPC regime.
That touches on the mega-trend underpinning all of this. Enabled by digital technology, and enforced via increased accountability, we are taking meaningful moves towards addressing the ‘performance gap’. You can sum up this entire idea in two words: real performance. It’s time for buildings to deliver their promised performance in the real world.
Real performance is everything
The arguments for real performance in terms of energy efficiency are compelling. It’s critical if we’re to hit the nation’s net-zero goals – the climate crisis doesn’t respond to theoretical efficiency. Today’s energy security and cost-of-living concerns make the need even more acute. And frankly, it’s the right thing to do for construction to deliver on the promises it makes and for clients and homeowners to get what they pay for.
That’s why regulation is moving. The government’s EPC Action Plan is a statement of intent (“EPCs will need to move from a reflection of the features of a building to the true measure of in-use building performance”), enabled by innovative technologies that can measure fabric efficiency at scale, like those being assessed under SMETER.
Obligations for more widespread ‘as-built’ performance measurement will be baked in to 2025’s Future Homes Standard, with the Social Housing Decarbonisation Fund acting as a test bed for the approach in retrofit applications. Enforcement will come courtesy of the New Homes Ombudsman, which has energy efficiency in its remit (among other things) and the power to enforce redress and issue fines of up to £50,000 per home where performance falls short.
But energy use is not the only aspect of building performance under the microscope. Consider again the Building Safety Act. A comprehensive overhaul of regulations designed to enhance practices in the construction industry, its core purpose is to deliver higher-quality buildings that keep occupants safe, including from fire. At its heart is the same question: are buildings performing as people need them to?
An opportunity to lead
The direction of travel is clear. Construction must get ready to deliver buildings that perform as designed, while subjected to increased scrutiny. How should our industry react?
One option is to chase the regulations as they continually evolve, in an endless game of tag, and be dragged by policy to the practices of tomorrow.
The alternative is a more proactive approach. To get to grips with the underlying issues policy is trying to address, and act pre-emptively.
The latter feels like the more prudent choice as it would enable the construction industry to remain one step ahead while bearing in mind commercial realities.
By investing in skills and experimenting with new ways of working enabled by technology, construction can create a more predictable future. It’s an opportunity to begin the inevitable transition to a model that focuses on real performance at a manageable pace. At the same time, it’s an opportunity to demonstrate the value our industry brings to the UK. Creating better buildings – more energy-efficient, safer, healthier, cheaper to run – that directly contribute to meeting the nation’s urgent climate goals.
The foundations are in place, and we have the master plan. It’s time to start building a construction industry centred on real performance.
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