Moving too fast

On 1 October, new safety rules came into force that swept away fire certificates and repealed most of the old fire safety legislation. Instead, there is now an obligation on anyone who has control of premises – landlords, tenants, managing agents, occupiers and contractors – to act as a “responsible person”. If there is more than one such person they must co-operate, though they may delegate to an external consultant. Most building types are subject to these new Part B fire safety regulations, although single-occupancy domestic premises are not.

So what must a responsible person do to fulfil their obligations? First of all, they must identify potential fire risks. The next step is to consider who might be most susceptible to those risks and eliminate, or at least reduce, the risks. If they cannot be eliminated, fire precautions must be drawn up.

Adequate measures must be taken to protect flammable or explosive materials. A plan must be made for dealing with emergencies caused by fire, including keeping proper records. If anything changes the fire risk, the responsible person must review the assessment. This includes any major change to the number of people in the building, or its layout. Even an empty building requires a risk assessment.

The nature of the assessment will depend on the type of the property. A multi-storey, multi-occupied building will need a more detailed plan than a single-storey building housing a handful of staff.

Fire authorities have stringent powers of enforcement. They can serve an alteration notice if they think a premises is high risk, requiring the person in charge to notify the authority before making any changes to its structure or use. If they believe regulations have been breached, they can require that use of the premises ceases, or remedial works are carried out. The old fire certificate may provide a useful guide to the risks that must be addressed. Visit www.communities.gov.uk for detailed guides.

Part L

Part L regulations, relating to conservation of fuel and power, have also changed, requiring much higher energy performance standards for all new building work. Construction contracts that were let before 6 April 2006 with works starting before 1 October 2006, or full plans that were approved before 6 April 2006 with works starting before 1 April 2007, are the only exceptions.

Many people feel the changes to Building Regs have been too hasty, too piecemeal and lacking in vital consultation

The regulations introduce a number of new terms to control the use and loss of energy. For example, roofs, walls and floors are now “thermal elements”; windows and doors are “controlled fittings”; and lighting, heating and other electrical services (excluding lifts) are “controlled services”.

Underlying the new Part L is the Simplified Building Energy Model (SBEM), which takes into account data on building fabric, mechanical and electrical services, and human activity. They calculate the Target Carbon Emissions rate, using the 2002 regulations but applying a 20% improvement factor, to ensure better fuel and power conservation.

For existing dwellings, Part L1B lays down provisions for extensions or material alterations, including change of use. So, for example, if a property is converted into separate dwellings, the new regulations will apply to the thermal standards of the thermal elements, controlled fittings and controlled services.

Part L also applies to non-residential buildings, and covers such items as air permeability, energy metering and lighting controls.

You can find guidance on the new regulations, the SBEM and approved software for its use at www.communities.gov.uk. But the application of Part L, and the software, is complex. Many industry observers regret that the approved document was published just three weeks before the rules came into force, giving little time to work out how to apply them.

In fact, this criticism has been applied to a lot of the recent changes to Building Regs, which many argue are too hasty, too piecemeal and conducted with little or no consultation. The hope is that Angela Smith’s appointment as minister for Building Regulations will address at least some of these problems, and the roundtable discussion process instigated since her appointment is encouraging. Time will tell whether this will lead to improvements.