Building Regulations - a brief guide for property
managers
The health and safety of people in buildings is an important issue and is controlled by Building Regulations. These regulations also address other areas of concern, such as energy efficiency, that are of interest to the Government. Maggie Lewis explains the basic rules and how they apply to property managers.
Why?
Building regulations exist to ensure the health and safety of people in and around all types of buildings. They also provide for energy conservation, and access to and use of buildings, and preventing waste, undue consumption, misuse or contamination of water.
The types of building, plumbing and heating projects that amount to ‘building work’, and so are subject to control under the building regulations, are frequently misunderstood. Property managers are not interested in new construction, rather in refurbishment, repairs and maintenance. They may take on properties that have had building work and are concerned that it is not compliant with regulations. This article will seek to resolve these issues, or signpost the route to finding answers.
Who?
Those works that are covered must be approved by either the Building Control Service of your local authority or by approved inspectors. There is normally, a charge for building control inspections and services. The Local Authority will give you information and advice as well as access to copies of the Building Act 1984, the Building Regulations 2000 and amendments, and the approved documents A to P which offer guidance on application of the regulations. They are also available on the DCLG website.
The responsibility for complying with the regulations rests with the person doing the building work. If you are employing a builder it is important to confirm this at the beginning since, as the owner of the building, you may ultimately be served with an enforcement notice if the work does not comply. In addition, if you have an installation that was not correctly certified, your house insurance may not be valid.
For ‘building work’ carried out by a registered installer, you do not need to involve Building Control Services, for example the installation of boilers, electrical systems or windows by registered companies who are ‘competent persons’ and can self certify their work. (See the end of the article for additional sources of information.).
We need to replace a window in a rented property. Will the Building Regulations apply?
YES - if you are replacing the whole of the fixed frame and opening parts, the regulations will apply. As from 1 April 2002, Building Regulations require that building owners installing replacement windows or doors must comply with the regulations, and, if necessary, apply for the work to be inspected.
If the work is to a residential building and you employ a FENSA registered installer, you will not need to involve the Building Control insection service but you should be issued with a certificate of compliance for the record.
NO - if the work amounts to no more than, for example, replacing broken-glass, replacing fogged double glazing units, replacing some rotten sashes (i.e. operating parts) in the main window frame, or replacing some rotten sections of the main frame members.
For glazing in low level areas (e.g. the lower pane of a glazed door), the compliance issues are more complex. Part N of the Building Regulations specify that, for new building works, toughened safety glass would be required to be fitted in such situations - but this is an existing structure with no major alteration so there is no obligation to replace the existing intact glass. Best practice would be to fit safety glass only as and when breakages occur on the basis of the landlord’s duty of care to take reasonable precautions to provide for his tenant’s safety.
When?
Over the years the requirements of the regulations have changed so that many features of existing buildings are, on the face of it, non-compliant. However, this does not need to be remedied if the work was compliant with the regulations in force at the time it was done. If there is unauthorised work, then a Regularisation Certificate can be issued for work carried out on or after 11 November 1985 and which should have been submitted to the building regulations procedures but was not.
Any building project may also be subject to other statutory requirements e.g. planning permission, fire precautions, Party Wall etc Act, and a qualified builder should be able to advise you on this. Water bylaws exist to control work on plumbing installations and further information is available from your local water authority. There are, for example, requirements relating to anti siphon valves being fitted to certain shower installations where the showerhead may reach below the top of a bath. Some work must be certified and/or inspected. It is also necessary to comply with the I.E.E. (Institute of Electrical Engineers) wiring regulations. (See the end of the article for additional sources of information.).
What is now regulated?
The following is a brief guide to the areas of regulation most commonly encountered by a landlord or property manager.
‘Material alterations’
The regulations apply to structural work, such as loft or garage conversion to habitable areas, to ensure structural soundness, stability, foundations, fire escape provision, safety of stairs and both thermal and sound insulation. Other structural alterations may be covered too, such as removal of all or part of a load bearing wall, joist or chimney breast, or changes that will affect access or fire precautions.
Windows
Simply replacing broken glass, or failed sealed units, rotted sections of frame or sashes, is not covered by building regulations. All replacement windows are required to comply with thermal insulation standards plus safety glazing and other requirements of the Building Regulations, Part N. There are 2 options available:
If the installer is registered with FENSA (Fenestration Self Assessment Scheme), then details of the installation will be notified to the local authority via FENSA and a Completion Certificate will be issued to the householder confirming compliance with Part L of the regulations.
If the installer is not registered with FENSA they must give a Building Notice (and relevant fee) to the local authority detailing the proposed installation. The local authority will then make the necessary inspections and issue a Completion Certificate to the homeowner.
Low level glazing (glazed areas within 800mm of floor level), and glazing in doors within 1500mm of floor level, should generally be of a type so that, if broken, it will break safely. In practice this means such glazing should be either laminated or toughened.
All first floor windows in dwellings should ideally have opening lights large enough to allow you to escape through them if you were trapped in the room by a fire. This also applies to rooms in bungalows, which open into a hall.
Building regulations also require that adequate ventilation is provided for people in the building and this should be considered when deciding on the size of opening lights in the replacement windows.
Electrical
All new electrical wiring or electrical components for a house, flat or small commercial premises linked to domestic accommodation must be designed and installed in accordance with Part P of the Building Regulations. New electrical works are divided into two different categories:
Works which are very minor are not notifiable and may be carried out by a competent person who can issue a Minor Works Certificate to the owner upon completion of works. If done on a DIY basis the works are tested upon completion by a competent person and the Minor Works Certificate issued.
This covers such things as: replacing accessories such as sockets, switches and ceiling roses, replacing the cable for a single circuit if damaged, adding lighting fittings and switches to an existing circuit, adding socket outlets and fused spurs to an existing ring or radial circuit.
However, work in a kitchen, bathroom or other ‘special location’ is ‘notifiable’ because of the extra danger presented by the presence of water and must be carried out by a registered qualified electrician. Some of the rules are:
- Light switches in a bathroom should be of the pull-cord ceiling mounted type.
- Electrical socket outlets are not permitted in a bathroom. The only exception to this is the type specially designed and approved under the appropriate British Standard for electric razors.
- Electrical socket outlets in a kitchen should be sited so that it is not possible to touch them when using the sink.
Plumbing fittings
The installation of a WC, shower, wash basin, or kitchen sink into an existing location, with no extensions to the drainage pipework, is not covered by building regulations. However, if you alter or add connections to a drainage stack or underground drain you will need to contact Building Control for advice.
Conservation of fuel and power
Energy conservation is considered important enough to be controlled by the Building Regulations, Part L. This covers limiting heat loss through the walls, roof, and floors of building, by providing thermostatic and timing controls for space and water heating systems, by insulating hot water vessels and pipes, and hot air ducts, and by installing efficient artificial lighting systems.
Boilers/fuel burning appliances
Part J of the Regulations covers fires and boilers burning solid fuel, oil or gas. They need to be supplied with sufficient air to permit efficient combustion and exhaust (part J1), adequate flues or chimneys to discharge the products of combustion to the outside air (part J2), and suitably constructed fireplaces and flues to reduce the risk of the building catching fire (part J3). You do not need to involve Building Control Services if using a registered installer.
Hot water cylinders
A new or replacement cylinder in a vented hot water storage system is required to be energy efficient and should be provided with a certificate by the manufacturer or installer.
A cylinder in an unvented system should only be installed by a competent person because the system is under pressure.
Additional sources of information:
An explanatory booklet to the Building Regulations is available on the Government website:
www.communities.gov.uk
Assessment & certification:
www.bsi-global.com
Electrical:
www.partp.co.uk
www.elecsa.org.uk
www.niceic.org.uk
Heating appliances:
www.hetas.co.uk
National Association of Professional Inspectors and Testers:
www.napit.org.uk
Oil heating:
www.oftec.org
Windows:
www.fensa.co.uk
Wiring regulations:
www.iee.org/publish/wireregs