1. Housing Standard Review & Building Regulation changes
Kevin Dawson
LABC Training

2. The Housing Standards Review
Aims
To prevent Planning Authorities imposing local technical requirements on the construction of new dwellings;
Cuts red tape for developers by removing local standards (e.g. 12 wheelchair accessible housing standards in London alone);
To wind-down the Code for Sustainable Homes, leaving Part L as the sole energy efficiency delivery mechanism;
To provide a set of national standards for some issues that can only be applied by Planning Authorities including them in the local plan.
It is important to explain what the HSR is trying to achieve, hopefully slide is self-explanatory
Part 2

3. The Housing Standards Review
Outcomes
Planning may only apply various national standards for space, water efficiency and accessibility where part of the local plan
A ‘Nationally Described Space Standard’ replaces all other local standards
Building Regulations Requirement Q1 (Security) is to apply to all new dwellings from 1st October 2015
Building Regulations Parts G2 and M4 amended to include ‘optional requirements’ that may be triggered by Planning Conditions
The key issue is that national standards have replaced local ones. 2 of these are optional standards in Building Regulations that are triggered by planning conditions. However they cannot be triggered unless forming part of the local plan (local plan may require amendment, not re-drafting!)
The space standard has nothing to do with building regs and is administered by planning (no site checks)

4. The Optional Requirements
Methodology:
Planning Department gets approval from planning inspectorate to include optional requirements in the local plan;
Planning make Building Regulations optional requirements part of their conditions for permission;
The duty is for the developer to inform their Building Control body that optional requirements apply to the submission;
Building Control check and inspect the dwelling in accordance with the optional requirements;
Any enforcement of the requirements falls to Building Control and not with planning.
Requirements set out legally through the Deregulation Act 2015 and amendments to the Building Regulations
By forcing the planners to include in the local plan it allows the planning inspectorate to assess whether there is justification based on local need
Once the optional requirements are triggered it is enforceable by Building Control – not planning
The developer must inform the BC provider that optional requirements apply (creates level playing field with AI’s no need for BC to liaise with planning)

5. Energy – zero carbon 2016 policy axed
This explains the unexpected news that Part L will not be amended in 2016 in line with zero carbon targets.
Government not pursuing at moment and energy efficiency requirements still under review - April 2016
Consider new and existing buildings are cost effective re-energy use

6. Transitional arrangements – Key Dates
26th March 2015 (when the Deregulation Bill received Royal Assent). From that time Planning Authorities may not require any additional local technical standards or requirements relating to the construction, internal layout or performance of new dwellings as part of their new or emerging Local Plans, Neighbourhood Plans or supplementary documents.
26th March 2015 to 30th September Where local technical standards for space, accessibility and water efficiency already exist in Local Plans, they may still form part of planning authority requirements and conditions during this period.
1st October New Building Regulations Q1, M4 and G2 commence. From this date, accessibility, space standards and water efficiency standards can only be required as part of planning permission where part of a Local Plan. If standards exist in the Local Plan outside of the new national technical requirements they must be interpreted as the new national standards for space, accessibility and water efficiency. All local standards relating to these aspects are revoked. Any security standards relating to the dwelling are covered by Requirement Q1, making planning requirements irrelevant.

7. Transitional arrangements – Key Dates
26th March 2015 to 30th September 2016 (assumed date) planners are instructed to limit any existing Code for Sustainable Homes requirements for new applications to level 4, and only apply them where already in the Local Plan, regardless of the levels set.

8. Transition and Implementation
Before Mar 2015
Mar 2015
Oct 2015
Oct 2016
Access
(Lifetime Homes)
(Wheelchair Housing Design Guide)
Security
(Secured by Design - Part 2)
Energy
Space
Water
Code for Sustainable Homes
Other technical standards e.g.
materials (sustainability),
overheating (internal technical)
Can keep-as-is
Keep policy but triggers Part M2
Can keep-as-is
Keep policy but triggers Part M3
Can keep for 6 months
Part Q applies
Policies up to code 4 (Equivalent)
Part L 2016 only
Keep policy but triggers national space standard
Can keep-as-is
Policies up to code 4 (Equivalent) lpd
Part G higher standard applies lpd
This also explains that the code for sustainable homes will be scrapped, planners will be allowed to keep policies up to code level 4 until October 2016.
Part Q and Building Regulations optional standards not available before 1 October 2015
These cannot be applied through planning permission where a building notice, full plans deposit or initial notice given before that date
Any planning condition on security, access or water efficiency imposed where the building regulations application is given before 1 October, will be only a planning condition and not a building regulations requirement. Will not be enforced by building control bodies
Building Control bodies should be aware of the following:
Optional regulations
2015 Regulations made changes to the building control system in respect of optional requirements
Optional requirements will be imposed by LPAs as planning conditions
Person carrying out work will be responsible for informing building control that a condition has been applied
Compliance with optional requirement conditions will be overseen by building control bodies (local authorities or approved inspectors)
Enforcement will be through the building control system, if there is a failure to meet the optional requirement
Other standards
New mandatory security standard has been added to building regulations - Part Q - and will be overseen by building control bodies
Except for legacy cases
Ends
End

9. Space Standards
Will replace the existing different space standards used by local authorities
Expecting national guidelines on space provisions that can be referred to by planning authorities when issuing planning consents.
Possibility that space provisions if required through the planning process, being checked and enforced by building control, by local agreement.
No detail on how this might work in practice.
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10. Space Standards -New Planning Legislation
The Nationally Described Space Standard will replace the existing different space standards used by local authorities. It is not a building regulation and remains solely within the planning system as a new form of technical planning standard
Only applies if a local authority has adopted the space standard in its Local Plan policy and there is evidenced local need and viability of scheme not compromised!
It sets out requirements for the Gross Internal (floor) Area of new dwellings at a defined level of occupancy as well as floor areas and dimensions for key parts of the home, notably bedrooms, storage and floor to ceiling height (2.3m for 75% of the dwelling))
Gross Internal Area of a dwelling is total floor space measured between the internal faces of perimeter walls that enclose the dwelling. This includes partitions, structural elements, cupboards, ducts, flights of stairs and voids above stairs
Not going to be a B Reg requirement so we do not know if and how this will be enforced on site!

11. Space Standards -Technical Requirements
Table from the government papers on space standards

12. One double bed 11.5m2 & width 2.75m others 2.55m
Space Standards – what does this all mean?
Gross floor area for
1b = 39m2 6b=138m2
One double bed 11.5m2 & width 2.75m others 2.55m
Minimum bedrooms sizes are prescribed in the standard
min floor to ceiling height main living space is 2.3m for at least 75% of the Gross Internal Area
Single bed 7.5m2 & 2.15m w

13. Housing and Planning Bill
Now with House of Lords
Aim to help more people but their own homes
Increase number of house builds – building faster
Delivery of more homes in appropriate places
Streamlining Planning System – part privatisation
Management of housing – fair and fit for the future