The new rules

On 1 May 2005, Scottish Building Regulations will change out of all recognition. The existing prescriptive standards will make way for new functional standards that will give designers the freedom to develop innovative designs. The changes will have huge ramifications for the Scots and could lead to an overhaul of the Building Regulations in England and Wales.

In addition to giving designers greater flexibility, the changes will usher in a new era of self-certification, where engineers and contractors will be able to certify whether a design or installation complies with the regulations. The scheme is being watched closely by the ODPM to see if a similar self-certification system can be introduced into England and Wales.

CIBSE too is following events closely. The institution originally expressed an interest in developing a “competent person” scheme for England and Wales in 2002, and is discussing the possibility of a similar scheme with Scottish members. “We’re talking to people north of the boarder and to government about allowing CIBSE members to be certifiers of services,” says Hywel Davies, CIBSE research manager.

Currently, the technical standards in Scotland prescribe how buildings should be built to comply, making it difficult for alternative design strategies to be adopted. The new format does not alter the objective of the Building Regulations – to ensure health, safety and welfare and to conserve fuel and power – but is more flexible as it is results-focused, like the system in England and Wales. The only major change is the addition of sustainable development to the list. “The changes are essentially ones of structure and format rather than technical content,” says Alistair Smith managing director of the Scottish office of construction consultant Butler & Young.

In all, 63 functional standards will take the place of the existing prescriptive standards. These will be arranged under the same six categories used by the Construction Products Directive, which aims to promote a more efficient approach to compliance with European directives. These are structure, fire, environment, safety, noise and energy (see table).

The shake-up of the regulations started under the building standards division of the Scottish Executive but this has been disbanded and responsibility has now passed to the new Scottish Building Standards Agency. The agency will employ inspectors, called verifiers, who will be responsible for approving designs and ensuring their compliance with the new standards. “Everyone wanting to build will have to gain a warrant from a verifier,” says Smith.

The Building (Scotland) Act 2003 allows Scottish ministers to appoint verifiers from a variety of areas, but for the foreseeable future they will come from the 32 Scottish local authorities. This will help maintain continuity, as well as ensuring they have sufficient enforcement powers and are publicly accountable.

The act will also permit design and construction work to be certified as compliant by designers and contractors, leading to the creation of two new roles: a certifier of design and a certifier of construction. Where a certifier sanctions a design or construction, the verifier’s role will be limited to checking the certifier’s name and that of their firm is on the SBSA’s register. The SBSA itself will audit certifiers to ensure they are competent.

Professional bodies are already looking in to becoming certifiers of design, as this would not only save their members time, it would also increase their fees. The Institution of Structural Engineers, in collaboration with the Institution of Civil Engineers, was granted approval for a scheme by Scottish ministers on 4 November 2004. This means that suitably qualified civil or structural engineers, who have undergone an assessment of competence and are employed by reputable organisations, will be able to act as certifiers. The Royal Incorporation of Architects in Scotland is also reported to be considering a design certification scheme for small domestic and conservation projects.

Meanwhile, certifiers of construction – such as Scottish electrical installation body Select – will be able to certify that the electrics, for example, comply with the regulations. Electrical consumer organisation NICEIC is applying to operate a registration scheme for both certifiers of design and of construction.

Civil servants in London will be keenly watching how well the new system works north of the border with a view to implementing it in England and Wales. In fact, the time may not be too far away when construction professionals are able to certify a whole building, both sides of the border.

Further information is available from www.sbsa.gov.uk