In the week that the RICS lent its support to 好色先生TV鈥檚 Reform the Regs campaign, Sarah Richardson spent a day with Leeds building control to witness the problems at ground level
By rights, the Compton Arms shouldn鈥檛 be standing. It鈥檚 the carcass of a pub in the dilapidated Harehills district of Leeds, and it has seen more arson attacks than drinkers in the past two years. When it was in business it was notorious for drugs dealers. Now its bricked-up windows, boarded doors and stripped roof are signs of regular break-ins. A broken lamp swings ominously from the rafters.
鈥淧reviously we may have issued a straightforward demolition notice, but with today鈥檚 rules it鈥檚 too hard to prove something鈥檚 dangerous,鈥 says Trevor Hall, a building control inspector with Leeds council, as he tapes up the front entrance. He explains that rather than serving an immediate demolition order he has given the owners notice to carry out repairs within four months. 鈥淭o order demolition would leave the authority open to contention,鈥 he says.
The case of the Compton Arms highlights a growing fear among building control inspectors that their decisions will be challenged; a fear that Bob Young, Leeds council鈥檚 building standards manager, says is having a dramatic impact on enforcement: he cannot recall the body taking a single case to court over the past year. He explains: 鈥淭hey say buildings must perform 鈥榓dequately鈥, but what does that mean? We have to prove that what has been done isn鈥檛 adequate if we want to take a case on. It鈥檚 a huge problem.鈥
I鈥檓 genuinely frightened by Part L. Enforcement will be very difficult
Bob Young
Young insists that regulations should be simplified to allow more consistent interpretation. 鈥淚 can understand why legal requirements have to keep pace with the industry, and why 好色先生TV Regulations have to change,鈥 he says. 鈥淏ut at the moment it鈥檚 too complicated.鈥 Young thinks that at the moment there are too many hidden clauses within a single set of regulations, let alone between sections. 鈥淲e even have different interpretations within the office, so there isn鈥檛 a hope in hell for architects and developers who want to get it right.鈥
One area causing a particular headache to the division is Part B, which deals with fire regulations. This governs the number of escape staircases that must be incorporated into a building. With a succession of high-rise housing developments planned around Leeds city centre, Young鈥檚 inspectors have found it difficult to determine how many flats can be built without a further stairwell. 鈥淭here鈥檚 one developer that always tries to extend the difference between the number of stairways and the size of a development,鈥 says one inspector. 鈥淲e have to be careful.鈥
Another frequent issue is the lack of co-ordination between Part B and Part M, which deals with disabled access. If there is a stair lift in an escape stairwell, it reduces the width of the escape route. So it is possible to argue that the lift should be docked at the top or bottom, but this does not take into account the operating rail. 鈥淚f four of our officers can differ in their interpretations, then there鈥檚 clearly a problem,鈥 Young says. 鈥淏ut we have to make a decision, whether it鈥檚 right or wrong.鈥
The current regulations may already be creating problems for Young鈥檚 officers, but he fears this will become worse next year when Part L, the revised set of energy regulations, is introduced. 鈥淚鈥檓 genuinely frightened by Part L,鈥 he says. 鈥淚t looks to be so complicated that enforcement will be very difficult. Coping with the one we have now is tough enough.鈥 And, according to Young, that complexity means that the government is in danger of undermining its own sustainability policy. Because it will be so difficult to implement Part L, and because it does not affect health and safety, Young says inspectors will tend to put it to the back of their minds.
If the regulations are not simplified, Young says building control departments will have to resort to consultants. Leeds building control has an in-house team of structural specialists to provide guidance on Part A, which covers structures. Young says the council may have to set up similar teams to deal with Part L and the electrical safety regulations contained in Part P, or hire specialist contractors.
But extra resources can be employed only if the a council is willing to provide them. 好色先生TV control departments often feel they play second fiddle to 鈥減ublic facing鈥 departments such as social services. Here, Young thinks it would help to take building control away from local authorities and give it to a dedicated central government body, similar to the Health and Safety Executive. This would allow a consistent funding policy, and would lead to better working relationships with other council bodies.
Even if these wishes are granted, Young says the 好色先生TV Regulations can no longer be relied on as a source of irrefutable legality. He says their increasing complexity mean there is a bright future for self-certification schemes such as the robust standard details used in the acoustic regulations. 鈥淲e are clearly going down that road. It鈥檚 fine, but only provided registration for the competent persons who will assess the schemes doesn鈥檛 drag on like it has with Part P. We still need 好色先生TV Regulations, but we also need more self-certification as we can鈥檛 cope. It鈥檚 getting ridiculous.鈥
As Young glances at a highlighted copy of the fire regulations, in which the word 鈥渁dequately鈥 has been repeatedly singled out for attention, he offers one final solution to the daily struggle with red tape. 鈥淚鈥檓 coming to the end of my career, you know. I鈥檝e been thinking about it, and with any luck I鈥檒l be retired before half of these things come through.鈥 Unfortunately, most of his team don鈥檛 have that option to fall back on.
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