Building control work can vary from household jobs to large regeneration projects, says
Mark Smulian Often portrayed
as jobsworths out to pick holes in residents' loft conversions, councils'
building control officers are actually responsible for overseeing cutting-edge
projects.
Which part of
local government is in daily competition with the private sector, dealing with
everything from the largest companies down to paint-spattered contractors given
to saying things like "Bloody hell luv, what cowboy put that in"? The answer is
building control, which has faced competition for almost 25 years, yet claims a
70% market share that includes some of the country's best-known construction
projects. It is the council department called on when something needs to be
built, whether it is a domestic loft extension or the new Wembley Stadium.
Recently, a lengthy 'consultation on a consultation' led to the publication of
government proposals to reform building control. Paul Everall,
chief executive of Local Authority Building Control (LABC), is in favour of the
proposals, which could see officers gain greater powers to enforce building
regulations and more time to deal with the worst cases.
"The
proposals will allow our inspectors to issue stop notices and even impose fixed
penalties when they find poor or dangerous work on sites," Mr Everall
says. "Planners and health and safety officers can do that, and so should
we."
The government
also proposes giving officers two years, rather than the current six months, to
take errant builders to court. Mr Everall supports a move to risk-based
assessment, where builders with a record of meeting building regulations would
have fewer inspections than unknown practices or those with poor form, although
he admits that this policy needs fleshing out.
Building
regulations, which are issued by the government, are not a matter of ticking
boxes. They specify outcomes but, given the great differences in design,
materials, location and purpose of buildings, leave a lot of scope for how
results are achieved, so require professional interpretation.
LABC is both a
technical organisation and a national marketing body for councils, whose
building control departments must be self-financing and run a separate trading
account. Officers are in many ways at the cutting edge of council trading. They therefore
get rather irked by the stereotypical view of them as people in grey suits who
periodically emerge from town hall cellars bearing clipboards and theodolites
to dispute residents' intentions towards their lofts.
LABC business
development director Phil Hammond says: "Even people in local authorities
fail to recognise that we are the only part of local government that competes
directly with the private sector.
"It is
not true that all we do is small householder work. Councils did the Wembley and
Emirates stadiums, are involved with the London 2012 Olympics and major
regeneration schemes, and have partnership arrangements with major retail
developers such as Asda, Sainsbury's and Marks & Spencer."
These
partnership deals perhaps show LABC at its most entrepreneurial as they exploit
the commercial possibilities offered by councils' ubiquitous presence. One
council partners a developer nationally, carrying out checks on its designs and
their conformity with building regulations, and representing them to all the
councils in whose area the project will be built. This gives the developer an
attractive economy of scale by putting all its design work through one council
partner, with only site work inspected by the council that governs the
project's locality.
A similar
service operates for volume housebuilders. Mr Hammond explains: "If a
builder has a design that it replicates everywhere, LABC can approve it and the
local council then inspects it only to make sure it is built okay. The builder
does not need reapproval each time from scratch."
The largest
building control service is at Birmingham City Council, which, in the
partnering spirit, is rather unexpectedly active in Bristol. This came about,
explains head of building consultancy Trevor Haynes, after his department
worked with retail developer Hammerson on the revamp of Birmingham's Bullring
shopping centre.
"Hammerson
liked what we did so much that it asked us if we would work with it on the
Broadmead regeneration project in Bristol," he says. "I spoke to
colleagues at Bristol who were delighted since it meant they did not have to
start from scratch and we could work with Hammerson on designs while they did
the inspection."
Birmingham is
the partner authority for all of Marks & Spencer's developments, a
relationship that also arose from the Bullring project, and for developer Bovis
Lend Lease on a Ministry of Defence project to provide single accommodation at
armed forces bases across the country. Closer to home, Mr Haynes says the
Birmingham team works "hand in glove with colleagues in regeneration and
planning on the city's ambitious programme".
He adds:
"This integrated service attracts developers as they can talk to us at an
early stage to ensure their buildings meet regulations. It is where the
one-stop shop approach really counts."
Further south,
Brent LBC building control director Andy Hardy found himself up against serious
competition when he sought the contract to provide building control for the
redevelopment of Wembley Stadium.
"It was a
hard sell against the private sector but we put together a service-level
agreement and it took us six months to agree terms," he says. "I put
together a dedicated team of two engineers and two surveyors, and had to
recruit two extra people to cover other work, but we did it all ourselves
except for using a fire safety consultant."
Mr Hardy adds
that because Wembley's design was cutting-edge, it needed "a lot of
professional judgment of how to interpret the regulations".
At the other
end of the scale, he has sent his surveyors around the borough to "make
enquiries at each skip on their patch" and check whether builders had
understood a change last year that brought electrical and re-roofing work
within the regulations. They found some 140 projects that lacked the necessary
building control approval. "We recognised it would be a challenge to
educate the industry," he says.
The
regulations have changed often, a perennial grievance for inspectors and
builders alike that could be put right under the government proposals. LABC's
Mr Hammond says: "Over the past couple of years there has been a large
amount of new regulations on fire, acoustics and energy. It is non-stop from
the Department for Communities & Local Government, which does not provide
building control with the money to train either our staff or contractors."
In theory,
building control fees paid to councils are ring-fenced, but "some councils
avoid that by increasing the overhead charged", Mr Hammond says. In some
cases, LABC will intervene, since it markets a national service. "We
cannot have our network degraded because a chief executive somewhere wants to
plunder the fees," he adds.
Housebuilders suspicious of LABC
Housebuilders
remain somewhat suspicious of LABC; it was after all their lobbying that opened
the service to competition.
Home Builders
Federation technical director Dave Mitchell says LABC has been unable to invest
to attract enough new workers because its fees go all over the place and are
not reserved for the profession. The government wants a 45% increase in home
building to 240,000 a year by 2016. He says this means 45% more of everything,
including building control approvals. "I think there will be quite a
shortage of inspectors," he adds.
Mr Hammond
retorts that some housebuilders "would probably like a world with no
regulations or standards, and their critique of LABC is quite wrong".
He adds:
"For the past 15 years the building industry has been an Eldorado. There
has never been growth like it and everybody has grown to meet that. We have
recruitment routes for school-leavers, graduates and trades-people. We are not
people in grey suits who live in the town hall cellar, which is the image our
competitors like to paint of us."
Despite being
a commercial service, building control does not lose sight of its public
service role. Birmingham's Mr Haynes says: "The private sector thought it
would win all the work from us, but it has not done so.
"People
like to deal with us because we are impartial, and working in the public sector
means I can be concerned with doing a good job, not just profit."
Controlled explosion
Local Government Chronicle 3 April 2008