What is Building Control
The Building Regulations
Powers of Enforcement
What is Building Control?
Building Control is the system which exists to ensure that the design and construction of new buildings and the extension, alteration or change of use of existing buildings comply with minimum national standards as set down by legislation, known as The Building Regulations
It is the responsibility of today’s professionally qualified building control surveyors to make sure that buildings are designed, constructed, extended and altered in accordance with these minimum national standards, to help ensure the health, safety, welfare and convenience of people within or in the vicinity of these buildings, as well as fuel and power conservation and the provision of facilities and access for all users of the building.
These responsibilities extend to assessing any reported dangerous structures and by taking whatever appropriate action necessary, to eliminate or minimise the any danger posed to the public.
A building control department normally consists of professionally qualified surveyors, technical and administrative support staff. They have a wealth of experience and accumulated knowledge of the area in which they work as well as a breadth of knowledge of the processes and materials used within the construction industry.
Local Authority Building Control has the powers of enforcement under the Building Act 1984, to take action against major contraventions of the building regulations.
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The Building Regulations
With the vast devastation left after the Great Fire of London in 1666, the rapid spread of the fire through the timber constructed buildings highlighted the need for the prevention of such spread of fire between properties when the rebuilding of London was undertaken.
This led in 1667 to the first legislation of building construction requiring buildings to have some form of resistance to fire.
Some two hundred years on, expansion and over population of urban areas brought about poor living and working conditions due to the Industrial Revolution and through poor or no sanitation, damp conditions and little ventilation resulted in outbreaks of Cholera and other serious diseases.
This forced the Government of the day to take action.
It was 1875 with the introduction of the first Public Health Act, that building control took a greater role of Health and Safety. Two major revisions of this Act took place in 1936 and 1961 which led to the first set of national building standards, which became the Building Regulations 1965.
The basis of today’s regulations are made under The Building Act 1984, although over the years this has been amended after reviews and consultations on numerous occasions leading to the current legislation, the Building Regulations 2000 ( Statutory Instrument No 2531), which has itself been amended a number of times.
Current Regulations
The current Building Regulations 2000 and amendments are the legal requirements as laid down by Parliament and are the minimum standards for design and building work for domestic, commercial and industrial buildings in England and Wales. These regulations are supported by separate documentation called ‘Approved Documents, which provide practical and technical guidance for achieving compliance under the building regulations.
The Approved Documents are designated A through to P and provide guidance for the following topics:
Structural stability of a building to carry safely any anticipated loads exerted by self weight, usage, snow and wind, without collapse.
Provision of adequate fire precautions by reducing the risk posed by the design and materials used and by ensuring the means of escape are satisfactory for safe evacuation of all occupants in the event of a fire.
Site condition, preparation and drainage as well as the buildings resistance to damp and rain penetration.
Prevention of toxic substances penetrating the building.
Provision of sound insulation in, and between buildings.
The provision of adequate ventilation
Adequate provision of hot and cold water and sanitary conveniences.
The provision of suitable and adequate drainage and waste disposal.
The safe provision of heating appliances, the removal of exhaust fumes and the system for fuel storage.
Protection from falling, collision and impact.
The provision of adequate thermal insulation, lighting and controls for the conservation of fuel and power.
The provision of adequate access and facilities for users of buildings
The safety of glazing used within a building.
The electrical safety in and around domestic dwellings
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Powers of Enforcement
Under The Building Act 1984, local authorities have certain powers to enable them carry out their duties and to enforce the building regulations, where contraventions have occurred. At Great Yarmouth we would endeavour to achieve compliance with the building regulations without using these powers, but will use them if absolutely necessary to rectify the contravention.Enforcement action is taken in accordance with the principles of the Enforcement Concordat.
These powers include the right for an authorized officer of the authority to enter any property at all reasonable times (other than workplaces or factories where 24 hour notice must be given) to ascertain whether a contravention under the building regulations has occurred or to carry out their duties as a local authority.
The Local Authority can prosecute a person for contravening the regulations (on conviction this carries a maximum fine of £5000 for each offence and a further fine of up to £50 for each day on which the offence continues).
The legislation further allows a local authority to compel an owner or occupier to rectify a contravention, or to rectify the contravention themselves and claim any expense incurred from the owner or occupier.
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For further information please contact us.