The panel considering the future shape of building control is seeking industry views on whether enforcement functions should be carried out centrally.
The government-appointed Building Control Independent Panel (BCIP), created in response to a recommendation in the Grenfell Tower phase two report, launched its call for evidence yesterday (29 July).
Last year’s inquiry report called for a new panel to consider “whether all building control functions should be performed by a national authority”, a recommendation accepted by ministers.
However, yesterday’s call for evidence included just one question directly related to centralisation of building control activities, which asked: “Would enforcement functions be better served by a more centralised system working in partnership with local authorities where action is necessary?”
Local authorities have a number of enforcement powers if structures are built without approval or fail inspections, by serving enforcement notices or prosecuting developers.
Earlier this month, the “problem statement” issued by the panel flagged up a number of obstacles to ending private sector involvement in building control.
This was despite the government accepting the recommendation of the inquiry that it “appoint an independent panel to consider whether it is in the public interest for building control functions to be performed by those who have a commercial interest in the process”.
Yesterday’s call for evidence did not include a question directly addressing this topic.
Some in the industry are worried that centralising building control into the public sector could lead to building inspectors leaving their roles and going into consultancy.
Ruth Haynes, a structural and civil engineer at Bureau Veritas Building Control, told Construction News: “Registered building inspectors who work for private companies and structural engineers like myself would find it very hard working in the public sector after careers in the private sector.”
In particular, she pointed to different working cultures and lower salaries in the public sector.
“I would anticipate registered building inspectors leaving the role and going into consultancy,” she added, warning that engineers working in the building safety sector could also end up looking for other roles if building control was centralised.
The BCIP listed 16 questions (see box, below) on its recommendations, focusing on the priorities for building control, the question of private and public building control authorities, and enforcement measures for building control authorities that “are found to be failing in delivering their function”.
The consultation also focuses on how public building control authorities could deploy resources “most effectively to minimise conflict of interest and to ensure appropriate levels of oversight of building works”.
The BCIP also requested examples of good practice internationally to look at, and how building control can be enhanced to increase skills and competence in the industry.
It asked whether building control should retain a balance between advice and enforcement. The Grenfell Inquiry phase two report found that building control had focused too much on advising, and had “preferred to co-operate with applicants to enable proposals to be approved rather than enforce the building regulations rigorously”.
That was partly due to the introduction of commercial interests into the system, the report added.
Industry experts can respond to the consultation via an online survey here, and have until 29 August to submit their responses.
Dame Judith Hackitt was named earlier this year as chair of the BCIP.
Call for evidence questions
- Do you agree with the BCIP problem statement? Are there other areas of concern that you think we have missed?
- Do you agree that Building Control (BC) should retain a balance between advice and enforcement and if so, how should this be achieved? Should enforcement powers be extended to the private sector?
- Are you supportive of the changes which have already been made in bringing BC (public and private) under the Building Safety Regulator’s (BSR) control and oversight? What more could be done to monitor performance of BC and build public trust?
- How should resources be deployed most effectively to minimise conflict of interest and to ensure appropriate levels of oversight of building works?
- Should there be a minimum number of inspections prescribed for different types of buildings and if so, at what stages should these take place?
- How can we ensure that BC is managed consistently with timely interventions, proportionate approaches and risk-based targeting?
- How can we best monitor and measure performance of all BC activities?
- What are the key minimum skill sets required in any Building Control Body (BCB)?
- What action should be taken against BCBs who are found to be failing in delivering their functions? Where it is necessary to do so and how should caseloads be transferred?
- Is there effective oversight and enforcement of the Competent Person Scheme (CPS) self-certification schemes? What changes would improve compliance and enforcement?
- Where BC is linked to the provision of warranties does this lead to better standards of building work and if not, why?
- Are you aware of particular examples of good practice internationally that you would recommend we look at?
- How do we improve effectiveness and efficiency while delivering better standards of BC?
- How can the system develop to deliver increases in competence and skills?
- What are your views on the benefits/risks of the government’s local government reorganisation proposals? Would there be benefits in having fewer shared services operating across a wider area?
- Would enforcement functions be better served by a more centralised system working in partnership with local authorities where action is necessary?
Joshua Stein
Read More