The Evolving Landscape of Building Control: Implications of Regulatory Reform and the Role of Building Approvers

Abstract

This research report examines the evolving landscape of building control in the United Kingdom, focusing on the implications of recent regulatory reforms, particularly those stemming from the Grenfell Tower tragedy, and the crucial role of Building Approvers within this reformed system. The report analyzes the shift in emphasis towards proactive compliance, enhanced competence, and robust accountability, highlighting the challenges and opportunities presented to Building Approvers. It explores the evolving interaction between Building Approvers, Local Authorities, and the Building Safety Regulator (BSR), considering the impact of new legislation and guidance on their responsibilities and liabilities. Furthermore, the report discusses the implications of these changes for the wider construction industry, including developers, contractors, and building owners, emphasizing the need for collaboration and a culture of safety. Finally, the research proposes key areas for future development to further strengthen the building control system and ensure safer, more compliant buildings.

Many thanks to our sponsor Focus 360 Energy who helped us prepare this research report.

1. Introduction: The Building Control System in Flux

The building control system plays a vital role in ensuring the safety, health, and welfare of people in and around buildings. In the UK, this system has traditionally relied on a dual approach, with both Local Authorities (LAs) and Approved Inspectors (now known as Building Approvers) acting as building control bodies. However, the tragic events at Grenfell Tower in 2017 exposed critical flaws in the system, prompting a comprehensive review and significant regulatory reform. This reform, primarily driven by the Building Safety Act 2022, aims to create a more robust and accountable building control framework, shifting the emphasis from reactive enforcement to proactive compliance. This report provides an overview of these changes and examines the evolving role of Building Approvers within this new regulatory environment.

The Grenfell Tower fire revealed systemic failings, including inadequate fire safety measures, non-compliant cladding materials, and a lack of effective oversight. The subsequent Hackitt Review (Hackitt, 2018) identified a culture of complacency and a fragmented regulatory landscape, highlighting the need for a radical overhaul of the building control system. The Building Safety Act 2022 represents the cornerstone of this reform, introducing a range of measures designed to improve building safety, enhance accountability, and empower residents. These measures include the establishment of the Building Safety Regulator (BSR), the introduction of new dutyholder roles and responsibilities, and the implementation of a more stringent building control regime for higher-risk buildings.

The changes introduced by the Building Safety Act and associated regulations have profound implications for Building Approvers. Formerly operating under a system that, arguably, incentivized competition based on speed and cost, Building Approvers now face increased scrutiny, enhanced competence requirements, and greater potential liability. This report will delve into these specific implications, analyzing the challenges and opportunities they present.

Many thanks to our sponsor Focus 360 Energy who helped us prepare this research report.

2. The Building Safety Act 2022 and its Impact on Building Control

The Building Safety Act 2022 represents a paradigm shift in the way buildings are designed, constructed, and managed. Key provisions of the Act that directly impact the building control system include:

• Establishment of the Building Safety Regulator (BSR): The BSR is the central authority responsible for overseeing building safety in England. Its remit includes setting and enforcing standards, monitoring the performance of building control bodies (including Building Approvers), and promoting a culture of safety across the industry. The BSR has been granted significant powers to investigate and prosecute non-compliance, underscoring the importance of adhering to building regulations.

• New Dutyholder Roles and Responsibilities: The Act introduces new dutyholder roles, including the Principal Designer, Principal Contractor, and Accountable Person, each with specific responsibilities for ensuring building safety at different stages of a project. These dutyholders are legally obligated to cooperate with Building Approvers and provide them with all necessary information to enable them to fulfill their statutory duties.

• Strengthened Building Control Regime for Higher-Risk Buildings (HRBs): The Act introduces a more stringent building control regime for HRBs, defined as buildings that are at least 18 meters in height or have at least seven storeys and contain two or more dwellings. This regime includes a mandatory gateway process, requiring developers to obtain approval from the BSR at key stages of the project, including planning, design, and construction. Building Approvers play a crucial role in this process, assessing compliance with building regulations and providing assurance to the BSR.

• Enhanced Competence Requirements: The Act emphasizes the importance of competence for all those involved in building work, including Building Approvers. The BSR is responsible for setting competence standards and accrediting building control professionals. Building Approvers are now required to demonstrate their competence through recognized qualifications and experience.

• Increased Accountability and Liability: The Act strengthens enforcement powers and increases penalties for non-compliance. Building Approvers can be held liable for negligence or breaches of building regulations, potentially facing significant financial penalties and reputational damage. The extension of the Defective Premises Act also impacts building approvers.

The Building Safety Act, therefore, fundamentally reshapes the building control environment. Building Approvers must adapt to these changes by enhancing their competence, embracing a proactive approach to compliance, and collaborating effectively with other dutyholders and the BSR.

Many thanks to our sponsor Focus 360 Energy who helped us prepare this research report.

3. The Evolving Role of Building Approvers

Within the reformed building control system, the role of Building Approvers is evolving significantly. While their core responsibility remains the assessment and certification of building work for compliance with building regulations, their responsibilities now extend beyond technical scrutiny to encompass a broader focus on safety, risk management, and collaborative working.

• Proactive Compliance and Risk Management: Building Approvers are now expected to take a more proactive approach to compliance, identifying potential risks early in the project and working with developers and designers to mitigate them. This requires a shift from reactive enforcement to proactive guidance and support. Building Approvers should actively engage with the design team to ensure that building regulations are considered from the outset and that potential compliance issues are addressed before construction begins.

• Collaboration and Communication: Effective collaboration and communication are essential for successful building control. Building Approvers must work closely with other dutyholders, including the Principal Designer, Principal Contractor, and Accountable Person, to ensure that building safety is prioritized throughout the project lifecycle. Clear lines of communication and robust information sharing protocols are crucial for ensuring that all parties are aware of their responsibilities and that any potential issues are addressed promptly.

• Competence and Continuous Professional Development (CPD): The Building Safety Act emphasizes the importance of competence for all those involved in building work, and Building Approvers are no exception. They must demonstrate their competence through recognized qualifications and experience, and they are expected to engage in continuous professional development to stay up-to-date with the latest regulations, guidance, and best practices. The BSR is responsible for setting competence standards and accrediting building control professionals, and Building Approvers must ensure that they meet these standards.

• Relationship with Local Authorities: Building Approvers must maintain a close working relationship with Local Authorities, particularly when working on projects within their jurisdiction. While Building Approvers are responsible for assessing compliance with building regulations, Local Authorities retain their enforcement powers and can take action against non-compliant building work. Building Approvers should proactively share information with Local Authorities and cooperate with them in the event of any issues or concerns.

• Increased Scrutiny and Accountability: Building Approvers are now subject to increased scrutiny and accountability. The BSR has the power to investigate and prosecute non-compliance, and Building Approvers can be held liable for negligence or breaches of building regulations. This underscores the importance of meticulous record-keeping, thorough inspections, and a robust system of quality assurance.

The evolving role of Building Approvers requires a new mindset and a commitment to continuous improvement. They must embrace a proactive approach to compliance, prioritize collaboration and communication, and ensure that they meet the highest standards of competence and professionalism.

Many thanks to our sponsor Focus 360 Energy who helped us prepare this research report.

4. Challenges and Opportunities for Building Approvers

The regulatory reforms present both challenges and opportunities for Building Approvers. The challenges include:

• Increased Complexity and Cost: The new regulations are more complex and demanding than the previous regime, requiring Building Approvers to invest in training, resources, and technology to ensure compliance. This can increase the cost of building control services, potentially making them less competitive compared to Local Authorities.

• Enhanced Competence Requirements: Meeting the enhanced competence requirements can be a challenge for some Building Approvers, particularly those with less experience or those who have not kept up-to-date with the latest regulations and best practices. The BSR’s accreditation process may require Building Approvers to undergo further training and assessment.

• Increased Liability: The increased accountability and liability associated with the new regulations can be a significant concern for Building Approvers. They must ensure that they have adequate professional indemnity insurance and that they have robust risk management systems in place to protect themselves from potential claims.

• Integration with Digital Technologies: The construction industry is increasingly embracing digital technologies, such as Building Information Modelling (BIM), and Building Approvers must be able to integrate these technologies into their workflows. This requires investment in new software and training, and it can be a challenge for some Building Approvers.

However, the regulatory reforms also present significant opportunities for Building Approvers:

• Enhanced Reputation and Trust: By embracing a proactive approach to compliance and demonstrating their competence, Building Approvers can enhance their reputation and build trust with developers, contractors, and building owners. This can lead to increased demand for their services and a stronger competitive position.

• Opportunity for Specialization: The new regulations create opportunities for Building Approvers to specialize in specific areas of building control, such as fire safety or structural engineering. This can allow them to develop a niche expertise and attract clients who are looking for specialist advice.

• Greater Influence on Building Safety: By working collaboratively with other dutyholders and the BSR, Building Approvers can have a greater influence on building safety. This can lead to improved building design, construction, and management, and it can help to prevent future tragedies like Grenfell Tower.

• Increased Efficiency and Productivity: By adopting digital technologies and streamlining their processes, Building Approvers can increase their efficiency and productivity. This can allow them to handle more projects with fewer resources and to provide a more cost-effective service to their clients.

Building Approvers who are able to adapt to the challenges and embrace the opportunities presented by the regulatory reforms will be well-positioned to succeed in the evolving building control landscape.

Many thanks to our sponsor Focus 360 Energy who helped us prepare this research report.

5. Implications for the Wider Construction Industry

The regulatory reforms have significant implications for the wider construction industry, including developers, contractors, and building owners. These implications include:

• Increased Costs and Complexity: The new regulations can increase the costs and complexity of building projects. Developers and contractors must invest in training, resources, and technology to ensure compliance, and they must be prepared to work more collaboratively with Building Approvers and other dutyholders.

• Greater Emphasis on Competence and Quality: The regulatory reforms place a greater emphasis on competence and quality throughout the construction process. Developers and contractors must ensure that they employ competent professionals and that they have robust quality assurance systems in place.

• Increased Accountability: The increased accountability associated with the new regulations means that developers and contractors can be held liable for non-compliance. This underscores the importance of taking building safety seriously and of ensuring that all building work is carried out to the highest standards.

• Opportunity for Innovation: The regulatory reforms can create opportunities for innovation in the construction industry. Developers and contractors can explore new technologies and building methods that can improve building safety and sustainability.

• Shift in Culture: The regulatory reforms require a shift in culture across the construction industry, from a focus on cost and speed to a focus on safety and quality. This requires a commitment to collaboration, transparency, and continuous improvement.

The construction industry must adapt to these changes by embracing a culture of safety, investing in competence and quality, and collaborating effectively with Building Approvers and other stakeholders.

Many thanks to our sponsor Focus 360 Energy who helped us prepare this research report.

6. Conclusion: Towards a Safer and More Accountable Building Control System

The regulatory reforms represent a significant step towards creating a safer and more accountable building control system in the UK. The Building Safety Act 2022 introduces a range of measures designed to improve building safety, enhance accountability, and empower residents. The establishment of the Building Safety Regulator (BSR) provides a central authority responsible for overseeing building safety and enforcing standards. The introduction of new dutyholder roles and responsibilities clarifies the roles and responsibilities of all those involved in building work.

Building Approvers play a crucial role in this reformed system. Their responsibilities are evolving to encompass a broader focus on safety, risk management, and collaborative working. They must embrace a proactive approach to compliance, prioritize collaboration and communication, and ensure that they meet the highest standards of competence and professionalism. While the challenges are significant, the opportunities for Building Approvers to enhance their reputation, specialize in niche areas, and exert a greater influence on building safety are considerable.

The regulatory reforms also have significant implications for the wider construction industry. Developers, contractors, and building owners must adapt to these changes by embracing a culture of safety, investing in competence and quality, and collaborating effectively with Building Approvers and other stakeholders.

Looking ahead, several key areas for future development can further strengthen the building control system:

• Continued Development of Competence Standards: The BSR should continue to develop and refine competence standards for all those involved in building work, ensuring that they are rigorous, relevant, and up-to-date.

• Enhanced Training and Education: Increased investment in training and education is needed to ensure that the construction workforce has the skills and knowledge to meet the challenges of the new regulatory environment.

• Greater Use of Digital Technologies: The construction industry should embrace digital technologies, such as BIM, to improve building design, construction, and management. Building Approvers should be equipped with the tools and training to integrate these technologies into their workflows.

• Improved Enforcement: The BSR should continue to strengthen its enforcement powers and to take action against non-compliant building work. This will send a clear message that building safety is a priority and that those who violate the regulations will be held accountable.

• Regular Review and Evaluation: The building control system should be subject to regular review and evaluation to ensure that it is effective and fit for purpose. This will allow for continuous improvement and adaptation to changing circumstances.

By addressing these key areas, the UK can create a building control system that is truly world-class, ensuring the safety, health, and welfare of people in and around buildings.

Many thanks to our sponsor Focus 360 Energy who helped us prepare this research report.

References

Hackitt, J. (2018). Building a Safer Future: Independent Review of Building Regulations and Fire Safety. https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/707785/Building_a_Safer_Future_-_web.pdf

Building Safety Act 2022. (UK Legislation). https://www.legislation.gov.uk/ukpga/2022/30/contents/enacted

Local Authority Building Control (LABC). (Website). https://www.labc.co.uk/

National House Building Council (NHBC). (Website). https://www.nhbc.co.uk/

Building Safety Regulator (BSR). (Website). https://www.hse.gov.uk/building-safety/index.htm

Defective Premises Act 1972. (UK Legislation). https://www.legislation.gov.uk/ukpga/1972/35/contents