Building Act 1984
The Building Act 1984 is a United Kingdom statute consolidating previous legislation concerning the construction process, and the design and specifications for buildings and their component parts, and related matters, in England and Wales. The Welsh Government may make its own Building Regulations under this Act for Wales. This Act does not extend to Scotland or Northern Ireland.[1] They have their own similar but differing legislation. The Act permits detailed regulations to be made by the Secretary of State. The regulations made under the Act have been periodically updated, rewritten or consolidated, with the latest and current version being the Building Regulations 2016.
Following the horrific Grenfell Tower Fire, of 2017, in which 72 people died, in a 24 floor block of flats (without sprinklers and combustible external wall materials had been recently added to the block - for improved energy-efficiency & other building management reasons). An independent Review into the "Building Control Laws & Building Regulations" was commissioned, by the English Government. The 'Dame Hackett Review' was publish in middle of 2018. The English Government surveyed 12,000 "High Rise" buildings are found that far too many were non-compliant with the safety requirements of the Englsih Building Regulations.
The Government has now ordered many of these "dangerous" higher-risk buildings to be "remeadiated". Local Housing Authorities and Regional Fire Authorities have been instructed to ensure remeadiation is carrie dout as quickly as possible. (Source: "Fire Safety Order 2005" & the new "Fire Safety Act 2020")
The new building safety bill defines "higher-risk" (high-rise) as those blocks of flats "with 6 floors or more" or those blocks of flats "over 18m high", whichever occurs first.
On 20 July 2020, a new draft "Building Safety Act" was published, for public consultation. When this in enacted into statute law, which is expected in 2021, it will greatly alter the scope and remit of the existing Building Act 1984. The new law abolshes "Approved Inspectors", creates a state register for all "building control inspectors" (with legal duties now being at the individual & personal level of professional & legal responsibility), creates a new national Building Safety Regulator (BSR). It creates new "Building Control Authorities" - initially at the "district" or "unitary" local authority level.
The National Regulator will be the sole "Building control Authority" for 'higher-risk' (high-rise) buildings. All existing and under construction, "higher-risk" (high-rise) buildings are to be transfered to the "National Building Safety Regulator" jusidiction. All "higher-risk" buildings will have to register with the BSR and prove (over the whole-lifetime of the building) that they are still safe to use & occupy and monitor the "higher-risk" building's fire & structural safe features and systems, to keep this safety case registered with the national Regulator (for England).
The new law will also alter the "Architect Registration Board's" operational rules to require all 'architects' to undertake annual CPD and competancy training for the whole of the "practising carrer". Developers, Designers and Contractors will no longer be able to choose their "regulator".
The national regulator will also have powers to test and/or ban any building material or building product, which it knows is "unsafe" or "non-compliant" with the "requirements of the Building Regulations". The national regulator will also have powers to require all claims made about the performance or nature of a building product or material to be truthful and supported by 'up-to-date' scientific testing.
Source: "draft Building Safety Bill" - https://www.gov.uk/government/publications/draft-building-safety-bill - (Accessed 20.07.2020)
Clauses
Power to make regulations
S.1 Power to make building regulations
The Secretary of State (or The Welsh Assembly) may for any purposes of :[2]
- (a) securing the health, safety, welfare and convenience of persons regards buildings
- (b) conserving fuel and power
- (c) preventing waste, undue consumption, or contamination of water
- (d) protecting or enhancing the environment
- (e) facilitating sustainable development or
- (f) preventing and detecting crime
make building regulations in respect of:
- (a) the design and construction of buildings
- (b) the demolition of buildings
- (c) services, fittings and equipment provided in or in connection with buildings.[2]
The powers to make Building Regulations have been amended and extended in their scope by two recent Acts of Parliament; the Sustainable and Secure Buildings Act 2004 and the Climate Change and Sustainable Energy Act 2006. The latter Act also alters and extends the enforcement powers of local Building Control authorities, in England and Wales. The Building Act 1984 is to be greatly altered in both its scope and its enforcement powers, by the forthcoming "Building Safety Act 2021".
The legal obligation to ensure controlled building work does comply with the requirements of the "Building Regulations" will to be shared between more defined "individual dutyholders". Enforcement powers will available to use by a "Building Control Authority" for upto TEN YEARS after any offence.
Scotland
Scotland has its own Building (Scotland) Act 2003 and its own Building Standards Regulations 2005.[3]
References
- S135 BA84
- S1 Building Act 1984
- http://www.scotland.gov.uk/Topics/Built-Environment/Building/Building-standards