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< Previous | Contents | Next > BUILDING (SCOTLAND) ACT 2003 CONSULTATION ON BUILDING REGULATIONS AND GUIDANCE DOCUMENTThis document is also available in pdf format (52k)
Dear Sir or Madam BUILDING (SCOTLAND) ACT 2003 Scottish Ministers are presently considering proposals to make Building Regulations and to issue Guidance Documents under the new Building (Scotland) Act 2003. The purpose of this consultation letter is to seek comments on the new Regulations and guidance. The Building (Scotland) Act 2003, when fully commenced will replace the existing Building (Scotland) Act 1959. The proposed Building (Scotland) Regulations on which we are now consulting will replace the existing Building (Scotland) Regulations 1990 and the Building Operations (Scotland) Regulation 1975. The Guidance Documents will replace the Technical Standards for compliance with Building (Scotland) Regulations. The background to the new Act and the reasons for the proposed changes are set out in Annexes to this letter as follows: Annex A: Background to the new Building (Scotland) Act 2003 and proposed timetable for implementation. Annex B: List of changes. Annex C: List of consultees. As the changes are essentially ones of structure and format rather then technical content there should be no additional costs in compliance. The new format will actually offer greater freedom by using functional rather than performance or prescriptive standards. The Guidance Documents are essentially a level transposition of the existing Technical Standards and it should be possible to continue to build to the same designs under the new Regulations. Therefore it has not been necessary to prepare a regulatory impact assessment to accompany these changes. The proposed Regulations and Guidance Documents are provided on the CD-ROM which accompanies this letter. The documents have been provided in this form because of the size and complexity of the technical content. There are separate Guidance Documents for domestic and non-domestic buildings, which together run to approximately 1000 pages. This consultation and all the associated documents can also be accessed from the Scottish Executive web-site (www.scotland.gov.uk). However paper copies of particular parts, or the complete set, of these documents are available on request. Should you have any particular requirements please contact either Heather Brown (0131 244 7448) or Alan Murchison (0131 244 7440). Before making or amending the Building Regulations, Scottish Ministers are required to consult the Building Standards Advisory Committee (BSAC) and such other bodies as appears to them to be representative of the interests concerned. BSAC has already been consulted on the proposed amendments and you are now invited to submit any comments you may wish to make on the proposed amendments. When making comments on the proposed Regulations and Documents please email your views to: Heather.Brown@scotland.gsi.gov.uk Alternatively please send your comments to : Heather Brown The closing date for this consultation is 31 October 2003, and we would request all views and responses by that date. In order to inform the debate on the issues covered by this consultation, the Scottish Executive intends to follow its normal practice of making copies of responses received available to the public on request. The Department will, therefore, assume that responses can be made publicly available unless respondents indicate that they wish their comments to remain confidential. Any such request for confidentiality will be strictly respected. Please also note that any reply to this letter sent by post will not receive an acknowledgement unless you specifically request one. Yours faithfully ANNEX A BACKGROUND TO THE NEW BUILDING (SCOTLAND) ACT 2003 AND TIMETABLE FOR IMPLEMENTATIONThe Building (Scotland) Act 2003 was enacted in March 2003 and over the next two years will completely change the methods for setting and enforcing standards on building work in Scotland. These changes have been made, not because the previous Act had failed, but to permit European harmonised standards to be used in Scotland as required under the Construction Products Directive (CPD). As primary legislation was essential, the opportunity was taken to update the entire system with two objectives:
At the same time the strengths of the previous system are being retained and the transformation should see an evolution of the old system into the new, rather than a revolution. The objective of the building standards system remains almost unchanged. It is primarily to ensure the health, safety, welfare and convenience of persons in or about, and others who might be affected by, buildings. It is also to further the conservation of fuel and power. One new objective has been added, that of furthering the achievement of sustainable development. The responsibility for ensuring that buildings meet the various standards set to achieve these objectives will remain with the buildings owners. Expanded Functional Standards The current Building Regulations, which can only be complied with by following the prescriptive Technical Standards, will be replaced by expanded functional standards, which set out what the building must achieve when in use. It is these standards which are being consulted on in the proposed Building Regulations. There are some 63 arranged under the six essential requirements of the CPD (structure, fire, environment, safety, noise, energy). They are intended to be clear enough for the courts to interpret and actually specify what functions the building must perform, so there will be no use of words like "adequate" or "reasonable". The expanded functional standards will be supported by a series of Guidance Documents which will indicate how they can be complied with. The proposals for the first two of these Guidance Documents are also part of this consultation. There will be no obligation to use this guidance, but they will be accepted by the courts as showing compliance with the regulations. Scottish Building Standards Agency These Guidance Documents have been written by the Building Standards Division of the Scottish Executive. However, Scottish Ministers have announced their intention to establish a new national agency, probably to be called the Scottish Building Standards Agency (SBSA), which will take over the functions of the Building Standards Division. With the move to functional rather than prescription standards there is clearly a need to provide a way of clarifying technical disagreements between regulators and applicants as to whether or not a requirement has been fulfilled. Therefore it will be possible to refer such problems to Scottish Ministers, who will be advised by the SBSA, for specific guidance. It is intended that this will be a quick enough process to be useful during design and it will be by telephone and fax rather than by lengthy submissions checked by lawyers. The opinion given will not be a legally binding decision, but the verifier must take note of it. There will remain a right of appeal to the courts. Verifiers Everyone wanting to build will have to gain a warrant from a Verifier, who verifies that the proposed works will meet the expanded functional standards. The Act allows Scottish Ministers to appoint a variety of Verifiers, but they have undertaken that, for the foreseeable future, they only intend to appoint local authorities. This is for reasons of accountability, enforcement and to avoid conflicts of interest. They have also said that all verifiers will be audited on a regular basis to ensure that standards are maintained. Certifiers The new Act also gives Scottish Ministers the power to appoint Certifiers either of design or construction. Certifiers of design will be verified and audited by the SBSA and, if deemed competent, would be allowed to certify that an aspect of the design of a building meets the regulations. For example, structural engineers might seek to become verifiers of design for the structural regulations. Certifiers of construction would be treated in a similar manner and might be able to certify that particular aspects of the construction (e.g. the plumbing or the electrics) complied with warrant and the regulations. Verifiers are required to accept such certificates without further checking of technical matters, though they should check the current status of the certifier and what the certifier is approved to deal with. A consultation on the criteria which should be set for certifiers is planned for the latter part of this year. Warrants and Completion Certificates It will remain an offence both to start building work without the granting of a warrant, and to occupy a building without the acceptance by the Verifier of a certificate by the owner saying that the building has been completed in accordance with regulations and the warrant. The duty to comply with regulations will lie with the owner, or the person who has authorised the work. It is they who must certify completion and it is against them that any enforcement action would be taken. Dangerous or Defective Buildings The Act retains the obligation on local authorities to deal with dangerous buildings. It widens their powers of inspection and will enable them to undertake preventive surveys of buildings which might be at risk. Crown Buildings The Act binds the Crown. Therefore once fully in force, work to any Crown Building in Scotland will have to comply with Building Regulations and go through warrant and completion certificate procedures. Scottish Ministers have yet to decide exactly which verifiers will be appointed to deal with different parts of the Crown estate. Fee Scales Draft fee scales are expected to be issued for consultation at the start of 2004. It is probable that verifiers will be expected to cover the costs of the verification process from the warrant fees. This fee may be split in two, part to be paid on warrant application and part when the completion certificate is submitted. The activities of local authorities in the enforcement of the regulations and in their continuing duties related to dangerous and defective buildings may well continue to be funded directly through grant aided expenditure. Building Standards Assessments The Act places a new duty on local authorities for the provision of a Building Standards Assessment of a building where the owners request such a survey. This will be against the standards then in force, but will not impose any obligation upon the owner to bring the building up to these standards. It is intended that these surveys will assist in the property transfer system by replacing the existing letters of comfort with a uniform and meaningful assessment. Building Standards Register Every local authority will be required to keep a Building Standards Register which will list all warrants applied for and granted, all completion certificates submitted and accepted, and the details of any notices (dangerous buildings etc.) served upon a building. It is hoped to make these registers available on the Internet and it is expected that they will become the first point of checking in the house purchase process. Local authorities are being allowed to set up their own registers so that they can co-ordinate them with other registers which they might be establishing in connection with property, planning, or highways. Timetable for implementation The Act is now passed, but it will be a couple of years before the system is fully operational. During that time there will be a series of public consultations on the details of the new system. This first consultation covers just the Building Regulations and the first set of Guidance Documents. The Procedures Regulations should be issued in draft form for consultation in the autumn along with the proposals for the criteria to be applied to certifiers. The Scottish Building Standards Agency should be set up in the first half of next year, though the location for that has still to be decided by Scottish Ministers. The changeover date from old warrants to new warrants will probably be in the spring of 2005. ANNEX B LIST OF CHANGESIt is the intention that the introduction of the new Guidance Documents should not be further complicated by significant technical changes. If it was possible to construct a building under the existing system, then it should normally be possible to construct the same building under the new system. However, some changes have had to be made in the new Regulations and Guidance Documents and this Annex lists them for information and comment. The changes in the Regulations are related to the overall intention of the Act and are concerned with improving and simplifying the system. The changes in the Guidance Documents are mainly concerned with providing greater clarification of the intention, updating references to other documents and correcting errors which have been identified. Regulations and Section 0 The Regulations are repeated in the Guidance Documents (mainly section 0) so these changes will be found in both places. The major changes are in schedules 1,2, 3 and 5. Schedule 1 The main change here is in the reduction of work which is now completely exempt from the regulations. At present single storey detached buildings up to 30m2 are exempt in many situations (Existing Schedule 1 classes 12 and 18) this exemption is now limited to only 8m2 (types 13 and 17). This reduction is to ensure that reasonable standards of safety are achieved within these buildings, but is accompanied by provisions within Schedule 3 which will ensure that these particular buildings are still exempt from the warrant process. Schedule 2 The Act defines certain changes in use or occupation as conversions and makes them subject to the Regulations, even if the owner had not intended to undertake work. Schedule 2 is the list of such conversions and it covers those conversions where a dwelling is involved or it is considered that there might be a serious risk to life safety. For these designated conversions the standards required are higher than they would have been previously as all standards are now considered, although some need only be complied with as far as is reasonably practicable (Schedule 6). However for changes of use which are not designated as conversions then there will be no requirement to undertake work. Schedule 3 This lists buildings and building work which although subject to the regulations need not obtain a warrant. The first twenty types (1 20) are exempt on the condition they meet the regulations. Those single storey buildings which were previously exempt, but have now been made subject to the regulations by changes to schedule 1 (8-30m2) are not required to have a warrant (types 3 and 4). Also exempt from the need to have a warrant is minor building work which is carried on within a house, or a building where the public is not admitted, provided it does not increase the floor area of the building, involve any structural alterations or alter the drainage (types 1 and 2). This exemption will remove minor house and office alterations from the warrant process while still requiring regulatory compliance. The same exemption is not extended to flats or maisonettes due to the possible effect on the other dwellings within the building. The last three types (21 - 23) deal with replacements and are exempt on the condition that the work is no worse than at present. Repairs to windows (type 23) are in this category, although the replacement of windows (type 19) is only exempt if they fully comply with regulations. Schedule 5 This is the schedule of the actual building standards and includes 63 expanded functional standards which must be complied with. They are arranged in six sections which match the essential requirements of the Construction Products Directive (Structure, Fire, Environment, Safety, Noise and Energy). The significant change here is that the standards are functional rather than performance or prescriptive. This provides designers with freedom to seek alternative methods of compliance, and means that the solutions offered in the Guidance Documents are simply guidance and are in no sense obligatory. This is line with declared intentions of the Scottish Executive in introducing the Building Scotland Act, namely encouraging innovation in construction and giving greater freedom to designers. The number of standards has also been expanded, from 21 technical regulations to 63 standards. This is to permit greater precision as to exactly what functions the building must fulfil:
Guidance Documents (Sections 1-6) It was the intention that the Guidance Documents would be a level transposition of the previous Technical Standards, however, in some cases, the guidance has been clarified and updated. This has been done where new British Standards or other documents have been issued, where the present standards required clarification, and where errors in the exiting guidance have been identified. The following is a summary of the guidance that has been introduced, altered or removed since the 6th Amendment to the Technical Standards came into force on 4 March 2002. Domestic Guidance Document 1 Structure 1.0.2 Reference to structural Eurocodes updated 1.1.0 Reference to wind and snow loading maps for small buildings in Scotland updated 2 Fire 2.0.6 guidance limited to normal situations and excludes rare events 2.2.2 compartmentation of small common areas transferred to separation 2.4.0 reference to rainscreen cladding removed 2.4.2 reference changed from overcladding to external wall and roof cladding 2.6.1 sprinklers removed in relation to unprotected areas 2.6.2 guidance simplified for external walls in relation to boundaries 2.7.0 alternative guidance for fire spread on external walls 2.9.7 fire resistance of external walls in relation to protected zones clarified 2.9.8 temporary waiting spaces on external escape stairs included 2.9.10 number of dwellings served by a protected zone clarified 2.9.19 additional guidance on locks to escape windows and location of conservatories below escape windows 2.9.25 external escape stairs increased from 6 m to 7.5 m above ground level 2.9.28 shutters not recommended in the enclosing structure of a protected zone; 2.11.1 guidance updated on fire alarms in dwellings more than 200m2 2.12.1 access route for fire service appliances clarified 2.13 application of fire service water supply to dwellings clarified 2.14.1 fire-fighting facilities on escape stairs clarified 2.14.3 guidance on size of window opening introduced for smoke clearance 2.A.14 self-closing fire doors with a medium duration included for fire-fighting shafts 2.B fire test exposure updated to inside only for external walls less than 1 m to the boundary 2.B insulation criterion clarified for escape route protection 2.B guidance on smoke seals to fire doors clarified 3 Environment 3.1.2 guidance on hazard identification 3.1.5 guidance on treatment of contaminated ground 3.1.6 additional guidance contaminated ground from NHBC 3.1.7 replacement of out-of-date guidance 3.2.3 inclusion of radon maps 3.3.1 warning about surface water run-off from sites 3.5.3 guidance on reconstruction of drains 3.5.4 guidance on drains passing through structures 3.5.5 guidance on sealing of disused drains 3.6.1 guidance on eaves drop systems 3.6.5 guidance on SUDS for single dwellings and extensions 3.7.1 guidance on European sanitary pipework systems 3.12.1 revised provision for water closets 3.12.5 guidance on conversions and alterations 3.14.3 guidance on conservatories and extensions 3.14.7 guidance on mechanical aids to ventilation 3.16.2 guidance on natural lighting resulting from the construction of conservatories and extensions 3.17.1 change to rating of oil-firing combustion appliances 3.17.2 change to rating of oil-firing combustion appliances 3.17.5 requirement for safety valves on oil- firing appliances 3.17.7 change to labelling requirements 3.18.0 changes to chimney terminology 3.18.1 recommendation to sweep chimneys regularly 3.18.1 additional guidance on chimney designation strings 3.18.3 additional guidance on suitable flues for oil-firing appliances 3.18.5 new guidance on flue liners 3.19.6 new reference to standards for oil-firing room heaters 3.20.17 changes to table on gas terminal locations 3.20.17 removal of table 2 to diagram to (F6.10) 3.24.0 forthcoming legislation of oil storage 3.24.1 amendment to guidance to reflect new oil storage regulations 3.26.2 guidance on enclosed storage for solid waste 4 Safety 4.1.1 guidance included on dimensions for parking spaces for disabled people, if provided 4.1.2 introduction of guidance on provision of drop 4.1.8 additional guidance on common entrances 4.1.8 clarification of guidance on accessible 4.1.9 additional guidance on accessible lobbies 4.1.11 revised guidance on when a lift should be provided 4.3.2 additional guidance on application of term wholly within a dwelling. 4.3.2 additional guidance given on provision of stairlifts to a private stair 4.3.3 minimum step rise amended from 75mm to 100mm 4.3.7 more appropriate method of measuring landing lengths on 4.3.8 additional guidance on length of landings at conservatories 4.3.9 additional guidance of cupboard doors on landings 4.3.13 revised guidance for ramp edge protection 4.3.14 clarification of guidance on ramp widths 4.3.16 revised guidance on landing length of ramps 4.3.18 revised guidance on handrails to wide stairs 4.8.3 clarification on size of working areas provided 4.8.4 clarification on size of working areas provided 5 Noise 5.1 additional advice on the construction of wall types 1D and 2C 5.1 clarification of constraints on penetration of sound resisting floors by chimney systems and chimneys 5.1 additional advice on test procedures in situations where separating walls incorporate fire doors 5.1 addition of House Builders Federation Robust Standard Details as an alternative approach to meeting the requirements 6 Energy 6.1 The Circular is required due to the change from mandatory Technical Standards to Guidance. 6.2 all parts of a dwelling are required to be within an insulation envelope, with an option for buildings ancillary to dwellings, depending on whether or not they are to be heated. 6.H New annex on alterations and extensions to help building designers and building control officers determine an appropriate approach to dealing with building work to existing buildings that are currently less than ideal in terms of energy efficiency. One significant addition is that levels of SEDBUK are now given for gas and oil central heating boilers, where new heating systems or replacement boilers are installed. 6.N New annex on conversions to help building designers and building control officers determine an appropriate approach to dealing with conversions to existing buildings that are currently less than ideal in terms of energy efficiency. One significant addition is that buildings that are converted (schedule 2), and also which were heated in their existing state, should meet certain levels of fabric insulation. Non-domestic Guidance Document 1 Structure 1.0.3 Reference to safety at sports grounds updated and structural guidance referred to for temporary demountable structures 1.0.4 Reference to structural Eurocodes updated 1.1.0 Reference to wind and snow loading maps for small buildings in Scotland updated 2 Fire 2.0.4 changed classification of building from purpose groups to fire hazard category or sub-category 2.1.1 compartmentation in storage buildings (Class 1) changed, guidance on compartmentation between single storey and multi-storey buildings included, long duration included for basements and compartmentation in residential buildings (other than residential care buildings) clarified 2.1.4 different fire hazard categories transferred from separation to compartmentation 2.1.9 self-closing fire doors with a medium duration included for fire-fighting shafts 2.1.14 shutters in the enclosing structure of a protected zone are not recommended and guidance provided on remote activation of shutters 2.1.16 guidance on fire resisting ceilings consolidated 2.4.0 reference to rainscreen cladding removed 2.4.2 reference changed from overcladding to external wall and roof cladding 2.6.1 guidance simplified for external walls in relation to boundaries 2.7.0 alternative guidance provided for fire spread on external walls 2.9.26 fire resistance of external walls in relation to protected zones amended 2.9.27 external escape stairs increased from 6 m to 7.5 m above ground level 2.9.29 temporary waiting spaces on external escape stairs included 2.9.30 size of rooms inside protected zones introduced 2.9.36 shutters not recommended in the enclosing structure of a protected zone 2.11.1 reference made to new British Standard for fire detection and alarm systems 2.12.1 access route for fire service appliances clarified 1.12.3 type of access door for fire service personnel clarified 2.14.1 fire-fighting facilities on escape stairs clarified 2.14.3 guidance on size of window opening introduced for smoke clearance 2.D fire test exposure changed to inside only for external walls less than 1 m to the boundary 2.D insulation criterion clarified for escape route protection 2.D guidance on smoke seals to fire doors clarified 3 Environment 3.1.2 additional guidance provided on hazard identification 3.1.5 additional guidance on treatment of contaminated ground 3.1.6 additional guidance on land contamination produced by NHBC 3.1.7 replacement of out-of-date guidance with relevant references 3.2.0 advice on regulations on radon gas in the workplace 3.3.1 warning about surface water run-off from sites 3.5.3 guidance on reconstruction of existing drains 3.5.4 guidance on drains passing through structures 3.6.1 guidance on eaves drop systems 3.6.5 guidance on soakaways for small buildings 3.7.1 guidance on European sanitary pipework systems 3.17.1 rating of oil-firing combustion appliances 3.17.3 rating of oil-firing combustion appliances 3.17.6 requirement for safety valves on oil-firing appliances 3.17.8 change to labelling requirements 3.18.0 changes to chimney terminology 3.18.1 recommendation to sweep chimneys regularly 3.18.1 additional guidance on chimney designation strings 3.18.3 additional guidance on suitable flues for oil-firing appliances 3.18.5 new guidance on flue liners 3.19.6 new reference to standards for oil-firing room heaters 3.20.17 changes to table on gas terminal locations 3.20.17 removal of table 2 to diagram to (F6.10) 3.21.3 new reference to standards for oil-firing room heaters 3.24.0 forthcoming legislation on oil storage 3.24.1 amendment to guidance to reflect new oil storage regulations 4 Safety 4.1.1 additional guidance on set-down points 4.1.2 additional guidance on unobstructed approach 4.1.3 additional guidance on large numbers of disabled people car parking spaces 4.1.5 clarification of guidance on accessible thresholds 4.2.1 revised guidance on access for disabled people 4.2.2 revised guidance on access for disabled people 4.2.3 additional guidance on provision of both ramp and stair in some locations 4.2.4 revised guidance excluding places of lawful detention 4.3.3 minimum step rise amended from 75mm to 100mm 4.3.4 removal of reference to stepped ramps from current S3.10 4.3.5 revised guidance permitting open risers to stairs used for descent only 4.3.7 more appropriate method of measuring landing lengths on stairs 4.3.7 revised guidance deleting allowance of door opening onto bottom landing 4.3.12 revised guidance for ramp edge protection. 4.3.13 clarification of guidance on ramp widths 4.3.15 revised guidance on landing length of ramps 4.3.17 revised guidance on handrails to wide stairs 4.3.22 additional guidance on stepped and ramped gangways within areas of fixed seating. 4.8.1 revised guidance excluding places of lawful detention 4.8.3 clarification on size of working areas provided 4.8.8 expanded guidance on access to roofs There is no Noise section 6 Energy 6.1 The Circular is required due to the change from mandatory Technical Standards to Guidance. 6.3 Heating system efficiency. The previous Technical Standards only permitted heating systems with a higher carbon intensity (e.g. electric resistance heating) in a building by way of a tortuous route through the Carbon Emissions Calculation Method. Clause 6.3.2 now gives a trade-off against building fabric and can be used with either the Elemental Method or the Heat Loss Method. 6.H New annex on alterations and extensions to help building designers and building control officers determine an appropriate approach to dealing with building work to existing buildings that are currently less than ideal in terms of energy efficiency. One significant addition is that instead of heating systems with a higher carbon intensity being prevented from being installed in an existing building, it is now possible to compensate by upgrading the fabric insulation. 6.N New annex on conversions to help building designers and building control officers determine an appropriate approach to dealing with conversions to existing buildings that are currently less than ideal in terms of energy efficiency. One significant addition is that buildings that are converted (schedule 2), and also which were heated in their existing state, should meet certain levels of fabric insulation. ANNEX C CONSULTATION LISTAbbot Group < Previous | Contents | Next > |
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