STRENGTHENING THE BUILDING CONTROL …

1 G:/ RIAI SUBMISSION RE BUILDING REGULATIONS : JG/AF/ Wednesday 23rd May 2012 1 | P a g e STRENGTHENING THE BUILDING CONTROL system RIAI SUBMISSION MAY 2012 G:/ RIAI SUBMISSION RE BUILDING REGULATIONS : JG/AF/ Wednesday 23rd May 2012 2 | P a g e CONTENTS 1. The Royal Institute of the Architects of Ireland (RIAI) 2. Executive Summary 3. Introduction 4. Overview of the Proposal 5. Problems and Concerns Certification by Builders Registration of Builders The Statutory Code of Practice The Six Parties Professional Indemnity Insurance and Liability Consumer Redress Approved Inspectors Register of Approved Inspectors/Certifiers Authority of the Assigned Person Liability of BUILDING CONTROL Inspectors Oversight and Inspection Certification The Purpose of BUILDING Regulations 6. Achieving a Better system Introduction Enhanced Consultation and the Code of Practice The Code of Practice Latent Defects Insurance (LDI) The Role of the Builder and Registration The BUILDING Owner The Role of the Assigned Person Completion Certification Enhancing consumer Protection and Improving Legal Effect Sanctions The Role of Local Authorities Making the Forms Work 7.

2 The Draft Regulations Overview Amendments to the Regulations Draft Certificates 8. Related Issues Comprehensive application of the regulations Disability Access Certificates As Built Documentation G:/ RIAI SUBMISSION RE BUILDING REGULATIONS : JG/AF/ Wednesday 23rd May 2012 3 | P a g e Fire Certificates and Houses 21 Day Notification Systems 9. Appendices Letter from Hayes Solicitors, dated 27 April 2012 on Liability under the proposed Regulations. High Level Observations by Marsh/RIAIs on the BUILDING CONTROL (Amendment) Regulations 2012. 2012 Consultation on Changes to the BUILDING Regulations in England and Wales (Department of Communities and Local Government). Liability and Insurance Regimes in the Construction Sector: - National Schemes and Guidelines to Stimulate Innovation and Sustainability - Elios Report dated 30 April 2012. CIF and the Irish Home Builders Association Voluntary Code of Practice Competency Assessment for PSCS/Contractors, Health and Safety Authority RIAI Pre-Qualification Questions for Contractors.

3 Department of FinancePre-Qualification Questions for Contractors. Strategic Review of the Construction Industry Extracts dealing with: - Training of skilled construction workers and builders - Registration of builders and sub-contractors and - Measure to ensure enforcement of the BUILDING Regulations G:/ RIAI SUBMISSION RE BUILDING REGULATIONS : JG/AF/ Wednesday 23rd May 2012 4 | P a g e The Royal Institute of the Architects of Ireland The Royal Institute of the Architects of Ireland (RIAI) is the independent national body for the promotion, regulation and support for architects and architectural technologists in Ireland. The RIAI has over 3,000 members, of which 2,600 are architects on the Statutory Register, 300 architectural technologists and there are 550 architectural practices registered with the Institute. Since its foundation in 1839 the RIAI has provided authoritative advice and information on architecture, urban design, construction and the built environment.

4 The RIAI works with government, the professions, industry, clients and the public to promote the value of quality in architecture; to deliver attractive and sustainable built environments; to enrich our distinctive culture and heritage; to contribute to the competitiveness of our economy and to improve quality of life for the people of Ireland today and for generations to come. The RIAI through a range of services and the BUILDING CONTROL Act 2007 works to ensure consumer protection by the promotion of high standards of education, qualifications and professional competence together with monitored Continuing Professional Development (CPD). Standard BUILDING contracts, client/architect agreements and other documentation are published so as to provide a framework for architectural services and BUILDING . Under the BUILDING CONTROL Act 2007 the RIAI is designated as the registration body for architects.

5 For the purposes of the Professional Qualifications Directive 2005/36/EC the RIAI is designated as the Competent Authority in the State as respects architects. As the Statutory Registration Body for architects, the RIAI is committed to discharge its obligations for the administration of the Register of Architects. Architects and architectural technologists work to add best value to buildings in the interests of clients and the public . Good design and well chosen materials can reduce not only the initial cost of BUILDING but also long term running costs. RIAI provides a wide range of public outreach programmes including publications, an architecture in schools programmes, outreach events at consumer shows and consumer advice. Architecture is promoted through awards, publications, architectural competitions, participation in the Government Policy on Architecture, educational standards and media campaigns.

6 The RIAI is the Member Organisation for Ireland of the Architects Council of Europe (ACE) and the International Union of Architects (UIA), giving the Institute a role at EU level and internationally. G:/ RIAI SUBMISSION RE BUILDING REGULATIONS : JG/AF/ Wednesday 23rd May 2012 5 | P a g e SECTION TWO Executive Summary 1. The RIAI welcomes the initiative taken by the Minister and his Department in the first serious move to strengthen the BUILDING CONTROL system in 20 years, and fully supports the introduction of mandatory certification at design and completion stages by registered professionals, and at completion stage by registered BUILDING contractors. However, the proposed system is, in the present form, unworkable; and will confuse and blur responsibilities. 2. Although the Minister has referred to certification by builders in answers to Parliamentary Questions, the absence of builders certification in the Draft Regulations has further strengthened the perception, hopefully mistaken, that the intent of the Draft Regulations is to fix one individual professional with the entire responsibility for BUILDING standards, thus relieving other design professionals, builders, sub-contractors, specialists and suppliers of their responsibilities under the BUILDING CONTROL Act.

7 3. The absence of the Code of Practice at this stage of public consultation makes definitive comment almost impossible, as there is no information available on defined standards of inspection, commissioning or testing. 4. Although it is recognized that primary legislation would be required, along with intensive work with insurers and other stakeholders, urgent consideration should be given to the introduction in conjunction with the Regulations of mandatory Latent Defects Insurance for all buildings. The RIAI considers that, unless there is a robust system offering redress to victims of failures of BUILDING Regulations, there will be no public buy-in to the system , and that there will be less public vigilance to ensure that past failures and scandals are not repeated. 5. Registration of contractors and sub-contractors was proposed in the 1998 Strategic Review of the Construction Industry. A voluntary system of registration (as the DECLG proposes) may have a degree of merit but will not bring about the necessary improvement in standards.

8 G:/ RIAI SUBMISSION RE BUILDING REGULATIONS : JG/AF/ Wednesday 23rd May 2012 6 | P a g e 6. The present proposals are uninsurable under Professional Indemnity Insurance. The two underwriters, who together provide Professional Indemnity Insurance for 83% of RIAI registered practices have confirmed that such cover will not be available for the system proposed in the Draft Regulations. The RIAI believes the Professional Indemnity Insurance problem could be resolved by consultation, and by development of appropriate wordings in the Regulations, without which the key objective of having inspection and certification oversight by defined professionals will not be achieved and there will be no redress for consumers. 7. The commitment to e-Government should be strengthened by requiring in the Regulations the use of an online system (such as bReg) for issue of notices and other documents to and from BUILDING CONTROL Authorities.

9 This will enable and facilitate Local Authorities to provide a more effective service in this area by offering a repository for information on the technical information, specification and testing requirements on which the design is based, and on actual construction to meet the requirements of the Regulations. It will also help towards local authority inspections targeted through online risk analysis. 8. More effective deployment of local authority BUILDING CONTROL resources can be achieved through measures such as regionalization to ensure a defined level of oversight and audit. Informed and risk analysis based local authority inspections must be an integral part of the system , must be done on a defined basis, and must be recorded as a matter of public information. 9. Certification should be required by all the parties to the project at the design and construction stages to ensure a clear chain of responsibility and an audit trail.

10 This must be supported by a defined minimum of inspections to be carried out for different BUILDING types. These tests and inspections should form the basis of the terms of reference for builders, sub-contractors, engineers and local authority BUILDING CONTROL Inspectors. 10. Architects have no difficulty in certifying/signing off on their work but such certification must be reliant on responsible certification and testing by others. The involvement of architects in the design and construction phases is of critical importance in preventing or minimizing problems. G:/ RIAI SUBMISSION RE BUILDING REGULATIONS : JG/AF/ Wednesday 23rd May 2012 7 | P a g e SECTION THREE Introduction The RIAI welcomes the initiative taken by the Minister to introduce Mandatory Design and Completion Certificates so as to strengthen the BUILDING CONTROL system and improve BUILDING standards. Since 2004 the RIAI has been of the view, as set out in the report STRENGTHENING the Enforcement of the BUILDING Regulations, that there were limitations to the Opinions on Compliance system and that Mandatory Certification of Design and Construction should be introduced.