Regulatory Information

In October 2023, the Building Safety Act introduced important updates to how building control operates. These changes, driven by the Building Safety Regulator and informed by the Grenfell Tower Stage 2 Inquiry, aim to strengthen compliance and safety standards across the construction industry.

From 1 October 2023 significant new changes to Building Regulations legislation have come into effect, which introduce changes to the Building Regulations application process, and impose dutyholder responsibilities on applicants, architects, contractors and builders. Here’s what you need to know:

There are three new dutyholders defined in the amended regulations

• Client including Domestic Clients -previously known as the Applicant
• Principal Designer – previously known as the Agent
• Principal Contractor – previously known as the Builder

The regulations tell us that all dutyholders are obliged to have arrangements and systems in place to plan, manage and monitor both the design work and the building work to ensure compliance with building regulations. This includes residential homeowners who may be embarking on a project for the first time, residential homeowners are referred to as Domestic Clients.

The duty to ensure compliance remains with those who procure the building work and those who have key roles in the design and construction process and who are responsible for ensuring that building work is designed and built to be compliant with building regulations. The dutyholders are required to work together to ensure that the project complies with the requirements of the regulations and ultimately ensures that the Building Control Body can issue its completion certificate.

Higher Risk Buildings

For Higher Risk Buildings (HRBs) –  (defined as ‘higher-risk’ under the BSA, 2022 are buildings at least 18 metres or seven storeys in
height, and which have at least two residential units, or are hospitals/care homes meeting the height) please see the following information from the Building Safety Regulator:

The Building Regulations step forward with changes coming into force on 15 June 2022. This provides intermediate uplift to existing energy efficiency standards and is a stepping stone towards the government’s new Future Homes Standard (due to be introduced in 2025) which aims to future proof new buildings with low-carbon heating systems and high fabric efficiency standards. This includes amendments to Approved Documents FLOS – Part F (ventilation), and Part L (Conservation of fuel and power), as well as the release of a new approved document Part O (Overheating) and approved document Part S (Infrastructure for the charging of electric vehicles). Collectively known as FLOS.

This briefing note will take you through the major changes taking place in 2022 in respect of energy conservation in buildings and ventilation.

Government Targets

New and existing homes produce around 20% of all carbon emissions in the UK. As part of the efforts to meet the UK’s ambitious target to reduce greenhouse gas emissions to ‘net-zero’ by 2050, the government has committed to introducing what they are calling the ‘Future Homes Standard’ in 2025. This anticipates that an average home will have 75-80% fewer carbon emissions than a home constructed to the current national standards for energy efficiency. Their plan is to realise this by introducing very high fabric efficiency standards combined with low carbon heating systems. Beyond 2025 further uplift is expected to form another stepping stone towards meeting the ambition for net-zero carbon in 2050.

What is Net Zero?

‘Net Zero’ is when the number of carbon emissions produced are cancelled out by the number of emissions removed. If the UK achieves this, it will become a net-zero emitter.

The Consultation

As a transitional stepping-stone towards that target, the Government launched a Future Homes Standard consultation at the end of 2019. This considered options for uplifting standards in Approved Document L1 covering energy efficiency in dwellings. Being aware of the sensitive interaction between energy efficiency, airtightness, and healthy ventilation standards, this was accompanied by proposals to revise Part F (Ventilation) and its associated Approved Document. The consultation covered buildings in England and ran until February 2020. Proposals for changes to Part L2 covering non-domestic buildings were also considered along with new measures to prevent overheating in homes built to the new standards

New Approved Documents FLOS

At the end of 2021 the government published new Approved Document F covering ventilation and L covering energy efficiency. Both were in 2 volumes with 1. dealing with dwellings and 2. covering buildings other than dwellings. They were accompanied by an all-new Approved Document O covering overheating in dwellings. New homes meeting the new standards should produce 31% less CO2 compared to those built to current standards.​

Transitional Provisions

The updated building regulations FLOS new standards will come into force on 15th June 2022. There will be a 12 month transition period ie any applications received before this date must start work by June 2023. Meaning after this date any new building regulations applications will be assessed under the new standards.

Rules on the transition for F, L and O were tightened to fast-track implementation, and prevent builders from lodging applications for large developments early to lock in the earlier standards for energy efficiency. Starting work to meet the June 2023 deadline applies to individual houses or blocks of flats and not to whole developments covered by an application.

For part S (No. 2 Regulations) transitional provisions will apply to notices or submissions in the same way as seen previously.

Summary of Changes to the FLOS Building Regulations

Changes to Approved Document Part F

• simplifying the approach for determining the ventilation rate and system design requirements for a dwelling
• changing the way that ventilation systems are presented in the Approved Document to reflect common design practices and on the basis of latest evidence relating to air quality in homes.
• introducing guidance to reduce the ingress of external air pollutants into the main body of the Approved Document.
• simplifying the structure and content of the guidance.

Changes to Approved Document Part L

Approved Document L 2021 has been rationalised into two documents:
– Volume 1 for dwellings
– Volume 2 for buildings other than dwellings

This introduces changes to the building’s minimum energy performance target by introducing primary energy as a performance metric. This is in addition to the target fabric efficiency rate, target CO2 emissions and minimum standards for building fabric and system efficiencies. The new approved document also:-

• Upgrades the specification for a ‘notional dwelling’ that forms the basis for minimum performance using the SAP. That includes an expectation for incorporating a solar PV array and wastewater heat recovery.
• Improves the minimum insulation standards relating to extensions and alterations to buildings with new minimum fabric efficiency standards for both new and replacement thermal elements, windows and doors
• Improves the minimum efficiencies of fixed building services
• Future-proofs new dwellings to be ready for low-carbon heating systems, including a mandated 30% carbon reduction for all new homes and a 27% reduction for other buildings plus stringent CO2 emissions targets
• A maximum permitted primary energy rate is a new metric for all buildings
• Introduces a new Part L compliance (BREL) report including photographic evidence to demonstrate compliance with energy-efficiency requirements in Part L and as-built performance
• Introduces alternative test methods and targets for airtightness
• Max flow temperature of 55°C for wet space heating systems
• On-site audit of building details and thermal elements is required during construction and at completion
• Helps to educate building occupiers on how to operate low-carbon homes by introducing mandatory home user guides for new dwellings

See LABC Part L approved documents and guidance

New Approved Document O – Overheating

The higher standards of energy efficiency are accompanied by a new approved document aimed at designing out the need for energy hungry air conditioning systems in dwellings that would otherwise be prone to overheating. The main elements are:-

• Provisions for limiting unwanted solar gain. Setting maximum glazed areas depending on the orientation of the façade and whether or not the building can be cross-ventilated.
• Requiring means to remove excess heat from indoors setting minimum opening areas
• 2 optional methods to demonstrate compliance. Either a fixed set of design rules or by using dynamic thermal modelling as covered in the CIBSE guidance document TM59​.
• Under the latter method we can expect greater use of measures such as shutters, blinds, overhangs, awnings and reflective glass on South facing elevations.
• The document underlines the importance of using passive measures for cooling and ventilation in preference to mechanical to the extent that it is practicable.
• Consideration to external noise and pollution cross referencing to AD F​
• Consideration of security of GF windows if they need to be open as part of the overheating mitigation strategy cross referencing Part Q standards​
• Sets down separate (‘high risk location’) standards for Greater London that are more onerous.
• As with ventilation, there are rules on making owners and occupiers aware of how to use the building effectively with mandatory home user guides

Watch our latest CPD webinar on Part O

New Approved Document S – Infrastructure for the charging of Electric Vehicles

Approved Document S has been released in support of the new electric vehicle charging requirements S1-S6 and Regulations 44D-44J. See the associated circular and letter for more detail.

Approved document part S applies to

• New Residential Buildings​
• Dwellings from MCOU/Residential undergoing major renovation​
• New build (not resi/mixed use).​
• Buildings undergoing major renovation (not resi/mixed use).​
• New mixed use/mixed use major renovation.​
• Standard for EVCP​

IT considers associated parking spaces within the boundaries of the property and the provision of a car charger or the ducting to be provided to it depending on the “cost cap”.

Useful Links
View the Future Homes Consultation

New Approved Document F
New Approved Document L
New Approved Document O
New Approved Document S

Where several private building control approvers/inspectors have unfortunately gone into administration or no longer operating, the responsibility for overseeing building control functions for affected projects in Hertfordshire after 7 days automatically transfers to us – HBC, your local authority building control provider. The control of the works is transferred (‘reverted’) to the Local Authority. We are obliged to take on control of incomplete Initial Notice works. This is called a ‘Reversion’.

Our well-established systems are already in place to facilitate a smooth transition. As a representative of 8 local authorities, we are financially secure and well-positioned to provide long-term, reliable service.

There will be a fee payable to cover the costs of dealing with your reversion. This will be individually determined in most cases, and will be no less than the standard charges we make for a Regularisation application for similar work.

FAQ’s

What is Hertfordshire Building Control’s (HBC) role with reversions?

HBC is the Building Control Authority for Welwyn Hatfield, Hertsmere, Broxbourne, Stevenage, East Herts, North Herts, Three Rivers and Dacorum. This means we have a duty to take on cases where private building control companies are no longer able to provide the building control function. This means that HBC checks Building Regulation compliance for building works.

What is a Final Certificate?

This is a completion certificate issued by a private building control company to show that the works are complete and comply with the Building Regulations.

The Local Authority keeps a record of all Final Certificates.

Will there be a charge?

We have to charge a fee to cover our costs of administering this application.

Under Regulation 5 of The Building (Local Authority Charges) Regulations 2010 we are obliged to make a charge to cover the cost of the application reverting to the control of The Local Authority. As the Reversion Application is an application ‘in default’ there is no VAT chargeable on the fee, but the fee must cover the cost of our expected time involvement.

What happens if I don’t engage with the HBC?

It is an offence for the person carrying out the work not to cancel the Initial Notice if they become aware that their RBCA (Registered Building Control Approver) is not able to fulfil its Building Control function.

It is also an offence to not provide information to the Local Authority as requested.

There is a duty on the Local Authority to assess the risk involved with your project. If necessary, the Council can consider proceedings and/or prosecution under Sections 35 and 36 of The Building Act 1984.

You should make your insurance company and mortgage provider aware that the building works are not complete.

If you do not have a Building Regulations final certificate or reversion completion certificate, this is likely to cause issues when you sell your property.

How long does it take to issue a Reversion Completion Certificate?

This will depend on the amount of information you are able to provide us about the building works and what was inspected by your private building control company. Where no information is available or is incomplete, this may take a considerable amount of time. You may need to open up or expose works for our inspection. Non-compliant works will need to be rectified.

You should not assume that a certificate can be issued without sufficient evidence that the work complies with the Building Regulations.

On occasions, Cornwall Council may have a different view on compliance with the Building Regulations than your private building control company. If this is the case, we will consider all evidence provided; however, our decision is final.

The MHCLG have published additional guidance for members of the public, in the form of FAQs around the topic of ‘reversions’.

Connectivity Plans

Building Regulations for New Dwellings and Infrastructure for Electronic Communications

On 26 December 2022, the requirements of Part R of Schedule 1 to the Building Regulations 2010 – Infrastructure for electronic communications took effect in England. All building notices, full plans applications or initial notice submissions for new dwellings after this date must be accompanied by a Connectivity Plan. Without this document, the application or notice cannot be validated.

The Approved Document R Volume 1 defines the Connectivity plan as: –

A model form template for developers to provide information to accompany each application for Building Regulations approval containing sections for information that developers are required to provide, including the particulars of connection to a public electronic communications network, and sections for developers to provide further information to assist with the building control process.

The details on the scope and submission of the Connectivity plan can be found in Approved Document R Volume 1, Section 3 (page 19) and the Model form template in Appendix B may be used. Please see the fillable form below

Form ADR_1

Please note, a connectivity plan is not required for major renovation works, which are covered under guidance in Approved Document R Volume 2