Role and Responsibilities of Building Control
The role of building control has undergone a huge change over the past 12 months, with the new regulator keen to ensure that we focus on compliance enforcement under the Building Act and Building Regulations.
This has been further reinforced by the Grenfell Tower Inquiry Report, which highlighted serious misunderstandings in the construction industry. Building control was often viewed as a source of advice rather than an enforcement body. This culture led to safety oversights, and the new regime seeks to correct this approach, emphasising rigorous compliance checks and clear boundaries between design, construction, and regulation.
Key Findings from the Grenfell Tower Inquiry:
- Perception of Building Control: The inquiry revealed that building control was often seen as a partner in the design process, acting as an extension of the design team. This collaborative approach blurred the lines between compliance enforcement and design assistance, leading to lapses in the enforcement of building regulations.
- Role of Building Control Bodies: Building control bodies themselves contributed to this misconception by focusing on cooperation with applicants rather than enforcing regulations rigorously. This led to regulatory oversights that compromised safety.
- Call for Change: The report emphasised that this misguided view of building control must change. The new regime now defines building control as a regulatory body focused on ensuring strict compliance with the Building Regulations and enforcing corrective actions when necessary.
Guidance on approach:
New guidance has also been drafted and circulated by the Building Control Working Group of the Industry Competence Committee following discussion with officials from the Health and Safety Executive (HSE) and the Ministry of Housing, Communities and Local Government (MHCLG). It seeks to explain the approach we are now expected to take when advising on compliance without assuming the role of the designer. It also provides common examples of how to avoid providing ‘design advice’ and ensure we have adequate conflict of interest procedures in place. See Downloadable Document below.
So, what are the key changes Under the New Regime:
- No Design Assistance: Building control inspectors are no longer permitted to offer design advice or solutions. Our role is to inspect and assess designs and construction work strictly for compliance with regulations. As a result, designers must now submit fully compliant plans and remain involved throughout the project to handle any necessary changes.
- Stricter Enforcement: Building Inspectors are expected to take a much less tolerant approach to non-compliance issues, with increased scrutiny over the competence of duty holders such as contractors and designers. Non-compliance will lead to enforcement actions rather than cooperative discussions.
What does this mean for you?
Designers will be expected to provide more detailed designs and supporting documentation and present them in a way that explains how the project achieves compliance with regulations. The former practice of adding notes like “foundation design to be agreed with building control” is no longer acceptable. Designers are also expected to stay involved throughout the construction process to assist with any design changes, ensure that the original concepts are maintained, and consider and update the wider implications of any changes on the drawings.
Deferring design to a 3rd party (e.g. drainage or Juliet guarding to be designed by contractor) can also be fraught with danger for the principal designer as they remain responsible for co-ordinating the designs of all designers and should be advising the client of the competency of 3rd parties to do so. Typically, this may involve recommending a specialist engineer rather than simply leaving it for the builder to resolve, as it will need to be correctly designed and submitted to Building Control for approval.
Contractors will now be expected to follow the provided plans and materials without deviation, and any changes must be agreed with the designer. Contractors who make changes without consulting the designer assume full responsibility for compliance.
Small contractors historically were used to working without detailed plans (e.g. under a Building Notice) and relying on Building Control to “fill in the gaps”. They can no longer do this and must ensure that they are competent and insured to act as both contractor and designer, as they will be held accountable for compliance and expected to produce the necessary drawings and specifications.
Clients are expected to fully fund and resource projects to ensure that compliance can be achieved. Clients are often tempted to terminate the Designers appointment at the construction phase to save money. However, this can be an issue as the contractor may still need support and advice. Additionally, Clients often run out of money and think they can save by completing work themselves or changing their plans. This has huge implications under the new system, as the Principal contractor must remain responsible for all work and declare compliance at completion. It is unlikely that the contractor will be willing to sign off the client’s trades or DIY work, resulting in the project failing to get approval. Another common issue is a client placing parts of the work in abeyance until they have the funds to complete the remaining work – whilst this may be possible with discrete parts (such as, say, external works), it is not always possible or practical to issue a partial completion certificate.
Importantly, contravening building regulations is now considered a criminal offence, which can result in significant fines and, in serious cases, custodial sentences.
Summary:
The Building Safety Regulator and licensing of Building Inspectors have triggered substantial changes in the approach to building control. Building control can no longer be seen as part of the design team, and its role has been redefined to focus on inspection and enforcement. With stricter accountability for non-compliance, building control bodies will no longer offer design advice or solutions. Instead, designers and contractors must ensure their work aligns fully with the regulations, and any deviation must be addressed with the appropriate expertise and approval. Clients must ensure that they appoint competent people and have the required funding and contracts in place to ensure the project can be completed.
While we will continue to take a proactive approach under the new regime, the extent of our design advice will be limited to commenting on compliance with building regulations. Ultimately, responsibility for regulatory compliance rests with the client and the designers and contractors they appoint.
Further information
Code of conduct for registered building inspectors