The Building Control Acts 1990 to 2014 set out a clear statutory framework for construction activity based on:
- clear legal standards as set out in the Building Regulations;
- detailed Technical Guidance Documents to outline how these standards can be achieved in practice;
- the burden and responsibility for compliance resting first and foremost with developers/builders;
- a statutory responsibility for professionals who are engaged by developers to ensure that construction at least meets the legal minimum standards; and
- the responsibility for enforcing compliance with the Building Regulations resting with the 31 local building control authorities.
In addition, the Building Control (Amendment)
Regulations 2014, which came into effect on 1 March 2014, now require greater accountability for demonstrating compliance with the Building Regulations in the form of statutory certification of design and construction, lodgement of compliance documentation, mandatory inspections during construction and validation and registration of certificates. I am satisfied that these measures are appropriate and will ensure a greater emphasis on competence, professionalism and quality in our construction industry into the future thereby ensuring that homeowners and construction clients can rely on getting the high quality homes and buildings they expect and deserve.
In tandem with the new regulations, the online Building Control Management System (BCMS), which was developed by local authorities, also came into operation on 1 March 2014 in line with the commencement of the new regulations in order to provide a common platform for clear and consistent administration of building control matters across the local authority sector. The system will facilitate a risk analysis of all projects for which commencement notices are received, which will inform each building control authority’s own inspection arrangements thus ensuring that available inspection resources are used to optimum effect.
The enhanced professionalism and accountability arising from the arrangements under the Building Control (Amendment) Regulations 2014 will lead to improved quality in all new buildings and will reduce risk within the construction sector.
In terms of sound quality, Part E (Sound) of the Building Regulations sets out the legal requirements in relation to sound insulation in attached dwellings and apartment blocks and makes provision for certain constructions to offer “reasonable resistance” to both airborne and impact sound. The related Technical Guidance Document E provides guidance on how to comply with the requirements of Part E in practical terms.
Over the course of 2009 to 2014, my Department undertook a comprehensive review of Part E in order to secure improvements to the sound performance of attached dwellings and apartment blocks. The recent Building Regulations (Part E Amendment) Regulations 2014 and the accompanying Technical Guidance Document E - Sound (2014), which come into effect on 1 July 2015, establish new performance standards to improve the overall sound insulation performance of dwellings and introduce a completion testing regime on a proportion of all new dwellings in a development to ensure these new minimum standards are achieved in practice. Furthermore, specific measures have been introduced to mitigate the build-up of reverberant sound in the common access areas in apartment blocks, which will also contribute to improved occupant comfort.
Part L (Conservation of Fuel and Energy) of the Building Regulations sets out the minimum statutory requirements in relation to the thermal performance of buildings. The current Building Regulations (Part L Amendment) Regulations 2011 and the accompanying Technical Guidance Document L – Conservation of Fuel and Energy – Dwellings (2011), which came into effect on 1 December 2011, introduced a 60% aggregate improvement (relative to 2005 standards) in both the energy and carbon performance of new dwellings (including apartments) and marked an important step on the road to nearly zero energy buildings which is required by 31 December 2020 under Directive 2010/31/EU on the energy performance of buildings. Part L requires that space and water heating systems should be energy efficient, with efficient heat sources and effective controls . More specifically, the regulations require that oil or gas fired boilers achieve a seasonal efficiency of 90% while the guidance provided in respect of biomass boilers is that the seasonal efficiency should be not less than 77%. It is envisaged that further thermal efficiency improvements will be introduced under Part L to meet our obligations under Directive 2010/31/EU in advance of the end 2020 deadline.
My Department has produced design guidelines in the form of Quality Housing for Sustainable Communities (2007) for the use of all involved in the provision of housing, including architects, urban designers, engineers, planners, quantity surveyors, developers, practitioners and housing authorities. These guidelines identify the principles and criteria that are important in the design of housing in order to facilitate the delivery of better homes, better neighbourhoods and better urban spaces. Appropriate guidance is already provided on space requirements and room sizes in both dwellings and apartments to facilitate the provision of good quality living environments for occupants.
