News

Building Regulations Completion Certificates

It is, of course, good advice to ensure that your builder provides you with a Building Regulations Completion Certificate from the local authority building control officer or approved inspector before you settle the final account.  It is likely that you will need the certificate as evidence of compliance with the Regulations when you come to sell.

But what does the certificate actually mean?

There is a common misconception that the issue of a certificate from the inspecting body confirms that all of the works comply with the Regulations.  Even when confronted with blatant defects, unscrupulous builders will offer the existence of a certificate as evidence that building control have ‘signed off’ the works and so they (the contractors) cannot be expected to carry out any remediation.

The officer will, using reasonable skill and care, inspect the works and certify that these comply with the Regulations; but it is not the building control officer’s job to ‘snag’ the works for the builder and, inevitably, circumstances will arise where non-compliant works are certificated in error.

The local authority has a duty to enforce the Regulations for up to two years after the works are completed.  During the first year they can serve an enforcement notice on the builder; in the second year it is the owner who will be pursued.

Be aware, when procuring building works and, if in doubt, seek assistance from the local authority building control department or a chartered building surveyor.

 

News

CDM 2015

The Construction (Design & Management) Regulations 2015 (‘CDM 2015′) come into force on 6 April 2015.  The revised regulations bring significant changes to the management of health & safety within the construction industry.

The role of CDM co-ordinator has been abolished.  Instead, for projects with more than one contractor, the client must appoint a ‘principal designer’.  The definition of ‘contractor’ includes sub-contractors, so the vast majority of projects will be affected.

The principal designer’s role includes planning, managing and monitoring the pre-construction phase and assisting the client in the preparation of pre-construction information.   The principal designer will also be responsible for preparing the Health & Safety File.

There are also changes to the notification requirements: under CDM 2015 projects must be notified to the HSE if work on site will:
a) last more than 30 days and have more than 20 persons on site at any point, or
b) exceed 500 person days.

CDM 2015 now applies to domestic clients, meaning that CDM becomes relevant on small domestic projects, which were previously exempt.  On domestic projects the client’s role will be fulfilled by the contractor or principal contractor, or by the principal designer, so reducing the burden on householders.

The Approved Code of Practice will be withdrawn and replaced with HSE ‘L Series’ Guidance.