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The Development of a Policy on Architecture for Scotland: Report on the Public Consultation

10.0 THE BUILDING CONTROL SYSTEM

10.1 Respondents, in general, welcomed the restatement of the purpose of the building control system set out in the framework document. There was, however, a divergence of opinion as to the role and current effectiveness of the system with regard to the promotion of good design. The majority of respondents acknowledged that the objectives of the building control system (to ensure the health, safety and convenience of people in and around buildings and the conservation of energy) were objectives that should, as a matter of course, underpin all good building design. In this sense, it was noted that the building regulations simply enforced good practice. Respondents also acknowledged that, if there were to be statutory minimum standards, then designs would need to be independently assessed for compliance. The value of this third-party assessment of designs was generally accepted and there was little enthusiasm for self-certification by professional designers.

10.2 A number of respondents, however, suggested that design freedom to innovate or depart from the conventional was often inhibited by a building control system that was seen as overly prescriptive, inflexible and inconsistent in interpretation. One respondent, from the building control side, suggested that one of the reasons for this kind of perception of building control was that there was a culture gap between those charged with administering the system and professional applicants. To overcome this, the respondent suggested that the training of building control officials should include some exposure to the principles of architectural design and that greater consideration of technical standards and building construction methods should be given in the syllabus at schools of architecture.

10.3 Some respondents pointed out that the potential of building control to effect improvements in the design of the built environment was limited by the fact that the majority of applications were for minor works and were made by applicants with no design qualification or skills. A similar point was made in the context of the planning system. Respondents suggested that it should be made mandatory, as it is in some European countries, for all works over a certain construction cost value to be submitted or sponsored by someone with an appropriate design qualification.

10.4 Respondents suggested a number of ways in which the technical standards might be modified to enhance the role of building control with regard to design. It was suggested that the system could be made more flexible and responsive to design and to new construction techniques and materials if it relied less on prescriptive standards and more on a performance-based approach. It was also suggested that the scope of the standards could be extended to embrace more qualitative issues such as workmanship, durability and life-cycle performance. One respondent warned against equating design quality simply with fail-safe or fault-free building. A number of suggestions for change focused on the role of building control in promoting sustainable design and development. There was some criticism of the present standards covering environmental matters and unfavourable comparisons were drawn with standards in other European and Scandinavian countries. Suggested changes to standards included: modifications to SAP⁵ calculations to accommodate passive solar techniques; a requirement for an environmental impact assessment to be part of a warrant application; and positive discrimination in favour of materials from renewable or managed sources. Some respondents suggested that there was a need for a more radical approach to building control which shifted the objectives of the system away from the protection of people to the protection of the environment.

10.5 A number of respondents suggested that there should be a closer integration of the building control and planning systems and other statutory controls affecting building. It was suggested, in particular, that the objectives of sustainable development required an integrated approach to development control which considered design proposals in the round. It was suggested that the present fragmentation of control placed a considerable and unnecessary burden on applicants.

10.6 Several respondents noted that the regulations and technical standards were designed primarily to deal with new building work. It was suggested that in the case of historic buildings the standards were often inappropriate but were nevertheless applied in an inflexible manner without regard to the aesthetic or historic merit of the building. Respondents suggested that a balance needed to be struck between the need for public safety and the preservation of the character of historic buildings. It was suggested that Historic Scotland could be given a role in commenting on proposals or negotiating acceptable compromises as an alternative to appeals.

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