Appointed Persons

2 Q. What is an Appointed Person? A. A person appointed by someone carrying out building work to help achieve compliance with the Building Regulations.

Appointed Persons Purpose of legislation To manage and co-ordinate compliance on site To pick up non-compliance early so it can be more quickly put right To advise developers/builders on compliance To act as a liaison point for building control

Appointed Persons The legislative provision allows regulations: to prescribe when an appointed person shall be appointed to prescribe the class or description of who is appointed to prescribe that a builder/developer may appoint itself to require appointments to be made at such times as prescribed To provide for termination or replacement of an appointed person To set out the duties of the appointed person so long as the duties are connected to compliance To impose duties in respect of the appointed person or what he does on those carrying out building work To require those carrying out work to comply with directions of appointed person

Appointed Persons Consultation Proposals Do you support the introduction of Appointed Persons on a voluntary basis? If yes: What are the appropriate qualifications/competences needed for the role of an Appointed Person? What powers and responsibilities should be given to an Appointed Person?

Appointed Persons Impact Assessment Policy Objectives To improve compliance with Building Regulations Encourage industry to take greater responsibility for its actions. Costs Voluntary basis so Appointed Persons are most likely to be used where the benefits outweigh any costs. Additional training to top-up existing knowledge & experience. Initial assessment and reassessment of competence of Appointed Persons. Annual salary of Appointed Person

Appointed Persons Impact Assessment (2) Benefits Lower building control charges as fewer inspections required. Many non-monetised benefits: Better management of work on site resulting in earlier completion saving on wages & allows earlier occupancy Better compliance with Building Regulations which would improve the sale or rental value Better liaison with building control body and faults identified more quickly and put right at lower cost.

Appointed Persons Responses to consultation – quantitative analysis Introducing AppointedPersonsAll whorespondedBuilders/DevelopersBuildingOccupierDesigners/Engineers/Surveyors Manufacturer/Supply Chain PropertyManagement Building Control Bodies SpecificInterestsFire & RescueAuthorityOther LocalauthoritybuildingcontrolApprovedInspectors Q6.1: Do you support the introduction of Appointed Persons on a voluntary basis? Total Yes31%75%0%60%100% 24%23%42%50%17% No53%25%0%40%0% 71%54%21%25%17% Don’t Know 16%0%100%0% 5%23%38%25%67%

Appointed persons Responses to consultation – qualitative analysis (1) Most of those opposed to the proposal to introduce Appointed Persons on a voluntary basis were from local authority building control. Few responses from industry but majority that responded including two large builders and a small developer supported proposal. Those supporting proposal commented: It would improve compliance Act as interface with building control, multiple contractors and designers Benefit for larger/complex projects Those not supporting proposal commented: Unnecessary as already possible to use someone in the role of an Appointed Person Will create additional levels of bureaucracy and burden Risk conflicts of interest and loss of independent third-party check

Appointed persons Responses to consultation – qualitative analysis (2) Further views were sought on the appropriate qualifications/competencies needed to carry out the role of an Appointed Person and the powers and responsibilities they should be given. Suggestions for qualifications & competences included: Similar to a building control surveyor Should include membership of a recognised professional body e.g. RICS, ABE or CIOB Have five to ten years appropriate experience Suggestions for possible powers and responsibilities included: Ability to issue compliance certificates for specific parts of the Building Regulations Able to refer non-compliance issues to local authority building control Not to have any additional powers

Appointed persons Possible ways forward Need to recommend to Ministers whether to proceed BRAC to consider 21 February Today’s comments and BRAC’s will help determine recommendation If we go ahead it will be on a voluntary basis, i.e. legislation would be permissive not mandatory There would be a further consultation on details and a further IA No likely start until April 2014