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Changes to the Building Regulations 1st October 2023

Background and what has changed

The Government has published amendments to the Building Regulations, which will apply to all Building Control applications from 1st October 2023. The Government has formed a new regulatory body within the Health and Safety Executive (HSE) called the Building Safety Regulator (BSR). The BSR will oversee many aspects of building safety, including Building Regulations and Building Control. If you, or someone on your behalf, have submitted a building control application, you have new legal responsibilities from 1st October 2023 as a Client, Designer or Contractor.

Registered Building Inspectors

Building control is to become a regulated profession, meaning that the job title ‘Building Inspector' will be protected in law. There is a requirement for certain qualifications or experience to be held by individuals working within the profession and for them to register with the regulator (BSR) as Registered Building Inspectors (RBIs). This will become a requirement from April 2024 and applies to individuals within Local Authorities.

Duty Holders

The regulations set out duty holder roles for persons and organisations who undertake any building work to which the building regulations apply, these are:

• A Client is a person for whom the project is carried out

• *) A Domestic Client is the same as the Client, but not for the furtherance of a business activity

• A Designer is any person (including a client, builder or anyone else) who carries out, arranges for or instructs design

• A Contractor is any person (including a Client (but not a domestic client) who carries out, manages or controls work

Note: All duty holders must share information with anyone who might be affected within the Client, Designer and Contractor chain.

The roles are modelled on those within CDM regulations and are already embedded in the construction industry. However, these duty holder roles now extend beyond Health and Safety and into Building Regulation compliance as well as setting out roles and responsibilities that also cover residential domestic building projects.

What are the new Duty holder roles and responsibilities?

New duties are proposed for those who procure, plan, design, manage and undertake building work. The new duties apply to all building work to which the Building Regulations 2010 apply.

Under the new duties, the Client is the person responsible for commissioning the building work and is considered to have overall control over the project. The Client, the person commissioning the work, has a duty under the new Regulations to take all reasonable steps to satisfy themselves that any and all Duty holder(s) acting on their behalf are competent.

*) However, for domestic projects, it is considered unlikely that the Client will have sufficient competence to carry out this duty and therefore most of the client duties will be placed on those undertaking the design work and the building work as appointed by the Client. The person(s) appointed by the Client must then give notice to the relevant authority, with a statement explaining it is on behalf of a domestic Client and providing the Client details.

Although the Client can delegate tasks, they cannot delegate responsibilities and must ensure that those they appoint have the right competencies to take on these roles.

The Client as the Duty holder or the appointed Duty holder(s) need to ensure that there are arrangements and systems in place to plan, manage and monitor design work and building work to ensure compliance with Building Regulations.

If at any point during the application or construction process or at any time after a building control approval application is made or a building notice is given, the Client/duty holder for a project changes, the outgoing Client/duty holder must give notice to the relevant authority of the change and details of the new Client/duty holder.

*) Where the Client is a domestic client, the outgoing Duty holder(s) must provide information to the domestic client within five calendar days of their appointment ending.

Identifying where you fit:

Client

Your duties and responsibilities include but are not limited to the following at Building Regulation application stage;

• Ensure suitable arrangements exist to plan, manage and monitor the building work to ensure compliance with the Building Regulations throughout the life of the project.

• Take all reasonable steps to ensure any designers or contractors appointed are competent to carry out the work for which they are appointed. In practice, this means appointing the right people (with the right competencies) for the work.

• Name, address, telephone number and email of these parties.

• Details of any change in the duty holders and the dates of their appointment.

• A signed statement of authority that the information is, to the best of your knowledge, correct.

• Confirm your intended start date.

• The date and description of ‘commencement' or meaningful start will be required at application stage. For new buildings and extensions this would usually be the date at which the foundations and ground floor structure is complete

• The client and design team must submit a design that they are confident complies with the building regulations. Limited or speculative design information could give rise to Building Control questioning the competence of designers.

During the Construction Stage;

• Any changes to the duty holder roles must be notified to Building Control to inform us of the changes and any new contact details.

• Your Building Control team will inspect the works at certain stages and you must notify them in advance of these stages in order to allow us to inspect the works.

• Regular monitoring of works to ensure compliance with the Building Regulations, maintaining adherence to designs, and checking the quality and performance of materials is the responsibility of duty holders. Independent checks should be considered during the course of the works, this is not the function of Building Control who will inspect a sample of work at key stages.

When the work is complete;

Each duty holder involved in the construction phase must provide compliance declarations to Building Control to confirm that they have fulfilled their duties and confirm to the best of their knowledge that the works comply with the Building Regulations.

The declaration must contain the following information;

• The Client's name, address, telephone number and email address.

• The Designer and Contractor names, addresses, telephone numbers and email addresses.

• A statement that the building work is complete.

• A signed statement that, to the best of your knowledge, the building work complies with the building regulations.

• A signed statement from the Designer and Contractor that they have fulfilled their duties under the building regulations.

Your Building Control cannot issue the completion certificate without receiving these declarations.

A final inspection should be arranged when duty holders are satisfied that the works are complete and comply with the building regulations. All necessary commissioning certificates and test results should be submitted as soon as practicable to Building Control.

Summing up

*) Domestic Client

You must:

• Ensure suitable arrangements exist to plan, manage and monitor the building work to ensure compliance with the Building Regulations.

• Ensure that these arrangements are maintained throughout the life of the project.

• Take all reasonable steps to ensure any designers or contractors appointed are competent to carry out the work for which they are appointed.

Designer

Means anyone (including the Client, contractor or anyone else) who, during their business, carries out design work or arranges for or instructs anyone under their control to do so.

You must:

• Plan, manage and monitor design work so that if the building work were carried out, it would comply with the Building Regulations.

• Cooperate with the Client, designers, and contractors to the extent that if the building work were carried out, it would comply with the Building Regulations.

• Not start any design work unless you are satisfied that the Client is aware of the duties owed by the Client.

• Carry out design to ensure that if building work were carried out, the design it would comply with the Building Regulations.

• Provide sufficient information about the building's design, construction and maintenance to allow the Client, other designers and contractors to comply with the Building Regulations.

• Consider any other design work and report any compliance concerns relating to the design compliance to the Principal Designers and Client.

• Must advise the Principal Designer or the Client whether any work they are designing is Higher-Risk building work.

Contractor

Is any person (including the Client, but not a domestic client) who, in the course of a business, carries out, manages or controls any building work.

You must:

• Plan, manage and monitor the building work so as to comply with the Building Regulations.

• Cooperate with the Client, designers and contractors to the extent necessary to ensure that it would comply with the Building Regulations.

• Not start any building work unless they are satisfied that the Client is aware of the duties owed by their duties.

• Ensure the building work they are carrying out complies with the Building Regulations.

• Provide each worker under their control with appropriate supervision, information and instruction to ensure the building work complies with the Building Regulations.

• Provide sufficient information about the work to allow the Client, other designers and contractors to comply with the Building Regulations.

• Consider other building works when you are only carrying out part of the building work and report any concerns relating to compliance to the Principal Contractor.

• Provide advice to the Principal Contractor or the Client on whether any work is Higher-Risk building work.

The above information is intended to help inform any potential applicant of the changes to the Building Regulations that come in to force on the 1st October 2023. It is not an exhaustive summary or comprehensive explanation of the changes to the Building Regulations, Building Regulations (Amendments) (England) 2023, the CDM Regulations 2015 or the Building Safety Act 2022 and should not be treated as such.

You must follow these legal procedures so that your building control application can be considered.

.......................................

This guide is intended to help people involved with replacing windows in existing dwellings to understand the 2021 changes to ventilation requirements of the Building Regulations in England. The article provides details on the key changes, along with examples of how compliance can be achieved. 

This is only a general guide, and you should always check with the Local Authority Building Control Team that your design complies with all the relevant requirements of the Building Regulations.

Background information

Means of ventilation are dealt with under Part F of the Building Regulations. Part F(1) requires that there shall be adequate means of ventilation provided for people in buildings.

This is needed as the internal environment within a dwelling can be affected by airborne pollutants and odours, along with suffering from excess moisture and heat from a variety of sources. In light of this, it is important that dwellings have methods to provide controllable ventilation to provide fresh air from outside as shown in diagram 1 below.

 

Diagram 1: Purpose of ventilation. Courtesy of Elmhurst Energy.

The following Approved Documents have been published to provide guidance on the requirements of Part F in England:  

• Approved Document F Volume 1: Dwellings (2021 edition).
• Approved Document F Volume 2: Buildings other than dwellings (2021 edition).

This article focuses exclusively on Approved Document F Volume 1: Dwellings (2021 edition), as this is the document that covers replacement windows and trickle vents in existing dwellings.

Transitional arrangements 

Approved Document F Volume 1 (2021 edition) took effect from 15 June 2022. However, it does not apply to work subject to a building notice, full plans application or initial notice submitted before 15 June 2022, provided the work starts onsite before 15 June 2023. The transitional arrangements are summarised below:

Table 1: Summary of transitional arrangements

Is replacing windows in existing dwellings controllable under the Building Regulations? 

Since 1 April 2002 Building Regulations have applied to replacement windows. This is because replacement windows are classified as a “controlled fitting” under Regulation 2 of the Building Regulations 2010, and therefore defined as “building work” under Regulation 3 of the Building Regulations 2010.

Do I need to make a Building Regulations application?

Replacement windows are frequently installed by a person who is a member of a suitable ‘Competent Person Scheme’ as detailed in Schedule 3 of the Building Regulations 2010. In this instance, the installer self-certifies that the works comply with the Building Regulations and notifies your Local Authority Building Control Department that the works have been undertaken. 

It is important that the installer provides the homeowner with a ‘Building Regulation Compliance Certificate’ upon completion, for your records. However, if you're employing someone who isn't registered on a suitable ‘Competent Person Scheme’, you'll need to make a Building Regulations application before commencing works. 

What do I need to do if the existing windows have trickle vents?

If the existing windows have trickle vents, the replacement windows should also include trickle vents which should comply with both of the following conditions:

1. Not be smaller than the trickle vents in the original window, and 
2. Be controllable either automatically or by the occupant.

What do I need to do if the existing windows do not have trickle vents?

Replacing the windows is likely to increase the airtightness of the dwelling. If ventilation is not provided via a mechanical ventilation with heat recovery system, then increasing the airtightness of the building may reduce beneficial ventilation in the building. 
In these circumstances, it is necessary to ensure that the ventilation provision in the dwelling is no worse than it was before the work was carried out. This may be demonstrated in any of these following ways:

1) Incorporating trickle vents in the replacement windows equivalent to the following:

• Habitable rooms – minimum 8000mm2 equivalent area
• Kitchen – minimum 8000mm2 equivalent area
• Bathroom (with or without a toilet) – minimum 4000mm2 equivalent area

2) If the dwelling has continuous mechanical extract ventilation, installing trickle vents in any replacement windows which are not in wet rooms, with a minimum equivalent area of 4000mm2 in each habitable room.

3) Specify other suitable ventilation provisions if it can be demonstrated to your Local Authority Building Control Surveyor that they meet the standards in Approved Document F Volume 1: Dwellings (2021 edition) or are not less satisfactory than before the work was carried out. An example of this maybe when replacing a window in a room where there is already a wall ventilator present which meets the minimum equivalent areas in Approved Document F Volume 1: Dwellings (2021 edition). In which case no further trickle vents would need to be added after replacing the windows.

However, where there is an open-flued appliance in the room, there should be permanently open-air vents to supply the air for combustion. These air vents are there to meet Part J requirements and should not be considered as existing ventilation for Part F and therefore extra vents should be installed.

It should also be noted that if it's not technically feasible to adopt the minimum equivalent areas set out above, the trickle vents should have equivalent areas as close to the minimum value as feasible. In this situation, it is advisable to agree on this with your Local Authority Building Control Team (where applicable) in advance of ordering material and commencing works.

I live in a historic dwelling. What do I have to do?

Work to the following types of dwellings may not need to comply fully with the ventilation standards outlined in Approved Document F Volume 1: Dwellings (2021 edition):

• Those listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990.
• Those in a conservation area designated in accordance with section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990.
• Other historic buildings with a vapour-permeable construction that both absorbs moisture and readily allows moisture to evaporate. These include those built with wattle and daub, cob or stone, and constructions using lime render or mortar.

Works on the above listed or historic dwellings should comply with the ventilation standards outlined in Approved Document F Volume 1: Dwellings (2021 edition) where reasonably practicable, therefore early engagement with the Local Authority Listed Building Officer and Building Control Surveyor is recommended if applicable.

Can I use a window with night-latch capability as a suitable substitute for trickle vents when replacing windows?

No. Providing a night-latch, where a window can be locked slightly ajar, is not a suitable substitute for trickle vents. This is because windows locked on the night-latch are not likely to provide an adequate level of security to be used as a permanent substitute for trickle vents.

Can I sign a disclaimer that I’ll install trickle vents at a future date or that they/I don't wish to have any installed when getting replacement windows fitted?

No. A disclaimer signed by you stating you do not wish to have trickle vents or that they will be installed in future is not a suitable way of complying with the Building Regulations, as all requirements must be met in full for the works to comply with the Building Regulations. 

What types of trickle vents are available?

There are many types of trickle vents available on the market, some of which are detailed below:

• Through frame design - The trickle vent is often positioned through the head of the frame.

 

Photograph 1: Through frame design trickle vent. Courtesy of ‘A guide to trickle ventilators’ published by Glass and Glazing Federation

• Over frame design – On some occasions it is not possible to fit the trickle vent through the frame, therefore ventilation can be routed over the frame or head of the window.

 

 Photograph 2: Over frame design trickle vent. Courtesy of ‘A guide to trickle ventilators’ published by Glass and Glazing Federation

• Glazed in – Sometimes it is necessary to fit the trickle vent into the glazed area along the top of the sealed glass unit.

 

Photograph 3: Glazed in trickle vent. Courtesy of ‘A guide to trickle ventilators’ published by Glass and Glazing Federation

• Different framing materials – Trickle vents can be fitted in all window framing materials, including PVC-u, timber, steel, and aluminium.

 

 Photograph 4: Trickle vent in timber frame. Courtesy of ‘A guide to trickle ventilators’ published by Glass and Glazing Federation.

• Easily controllable – As trickle vents are usually situated above the window, some vents can be controlled by cords or rods or simply by hand.

 

Photograph 5: An easily controllable trickle vent operated by hand. Courtesy of ‘A guide to trickle ventilators’ published by Glass and Glazing Federation.

For more information, you may also wish to read the frequently asked questions on Approved Document F, which is accessible here.

Please Note: Every care was taken to ensure the information was correct at the time of publication. Any written guidance provided does not replace the user’s professional judgement. It is the responsibility of the dutyholder or person carrying out the work to ensure compliance with relevant building regulations or applicable technical standards.

This article was first published on 24 November 2022

DATA PROTECTION STATEMENT TO THIRD PARTIES

You may have heard about the new General Data Protection Regulations ("GDPR"), that come into effect May 25, 2018.

You may receive in the future communications from us ("DMH Architectural Services") relating to building, planning, legal and updates, invitations to events and other information that may be of interest to you. We believe that we have a legitimate interest in sending information to you and in order to do so we hold your personal data securely on our database. You now have the right to choose if you wish to receive  promotional and certain other types of communications that we may send from time to time.

It is our responsibility to provide you with our privacy policy, which governs the communications that we send to you. In our privacy policy, you will find details about how we use your personal data and how you can exercise your rights in relation to it. Should you wish a copy of our privacy policy please let us know in writing by letter or email.

If you would prefer not to receive these types of useful communications please let us know in writing. We in certain circumstances will still hold personal information in order to send invoices or place orders with you. Any such information shall be held within the new regulations and for the time limits specified. We are registered with the Information Commissioners Office under the Data Protection Act 1998 registration number: ZA357208. We will not contact you unless we have your consent in advance for marketing & promotional information purposes.

We hope that this information has been useful to you.  If you have any general enquiries, please do not hesitate to contact us. Specific requests for access to personal data should always be made in writing.   

Yours sincerely,

DMH ARCHITECTURAL SERVICES

©Voluntary Associates (Legal Advisors), May, 2018

 

https://www.labc.co.uk/news/fire-door-myths

STATEMENT – SANDOWN COURT, PRESTON

DMH, firstly, would like to offer their deepest sympathies to those who have been affected,  lost loved ones and their homes in the very tragic fire at Grenfell Tower, in London, our heartfelt wishes go out to those immediately affected and the wider community. DMH were not involved in this refurbishment contract at Grenfell Tower, London.

DMH appreciate and understand local enquiries relating to Sandown Court, Preston. DMH would like to clarify that DMH acted as agents in the very earliest stages of the Sandown Court proposed refurbishment,  for other parties and was not involved in any way whatsoever in the selection of materials used or for any other aspect of the refurbishment that has since been completed.

Any person who may have any queries relating to Sandown Court, Preston, should in the first instance direct such queries to the Director of Planning, Planning Department at Preston City Council. 

DMH will not be issuing any further statements relating to Sandown Court for the reasons stated herein.

DMH are content, to reassure interested parties, of their very limited initial involvement, relating to Sandown Court, Preston.

Further enquiries relating to DMH, should be directed to DMH’s professional advisors; Voluntary Associates (Legal Services), who can be contacted, during normal business hours on: 0330 3210167 or by email to: legal@voluntaryassociates.com

23rd June, 2017.