The Building (Scotland) Amendment Regulations 2024: Equality Impact Assessment

The Building (Scotland) Amendment Regulations 2024: Equality Impact Assessment

Title of Policy

The Building (Scotland) Amendment Regulations 2024

Summary of aims and desired outcomes of Policy

This consultation outlined proposals to amend building standards to ensure that all new build homes are equipped with gigabit-capable digital infrastructure (e.g. infrastructure able to support broadband speeds faster than 1,000 megabits per second (Mbps)) from the outset, with a physical connection made available between a dwelling and the network operators infrastructure, subject to a cost cap. In cases where a connection cannot be provided within the cost cap there will be a requirement to install the passive infrastructure (e.g. ducts) required to facilitate a connection at a later date.

Directorate: Directorate For Digital

Division: Connectivity

Team: Digital Connectivity Policy

Executive summary

The Equality Impact Assessment (EQIA) was undertaken to assess the impact of amending building standards to equip new build homes with gigabit-capable infrastructure on protected characteristic groups.

The EQIA process has identified that there are no adverse impacts on any protected characteristics group as a result of amending building standards. The amendments affect the entire population at national, regional and local levels. These amendments are driven by the ever-increasing importance of digital connectivity and the desire to improve accessibility to decent broadband speeds to ensure the economic, social and environment wellbeing of Scotland. In particular, those who live in more rural or island communities where a decent broadband connection may be more difficult to establish.

As part of our collaborative approach, we have engaged with the UK Government and a wide range of stakeholders, including individuals and organisations across all relevant sectors, who have helped inform the development of our policy and proposals.

Background

The Scottish Government recognises the ever-increasing importance of digital connectivity in our daily lives. The COVID-19 pandemic demonstrated how important this was for keeping in touch with friends and family, working from home or accessing digital public services. Our Digital Strategy outlines the role of digital infrastructure in ensuring economic, social and environmental wellbeing of Scotland.

Access to digital infrastructure is a key building block in transforming our economy. The adoption of digital technology underpins multiple strands of activity from the reform of public services, digital healthcare and tackling digital exclusion to ensure no one is left behind.

The UK Government first carried out a policy consultation on mandating gigabit-capable connectivity to new build developments. Telecommunications is a reserved matter under the Scotland Act 1998. Following this consultation the UK Government committed to amend building regulations. As a devolved matter their regulations extend to England only. Their consultation ran from 29 October 2018 to 21 December 2018. In their consultation response published in March 2020 the UK Government proposed to amend building regulations so that:

• Developers ensure new homes have gigabit broadband. This includes ensuring that the physical infrastructure necessary for gigabit-capable connections is provided on site for all new build developments and that the home is connected by an operator to a gigabit-capable connection.
• The requirement on the developer to provide a gigabit-capable connection exists unless the cost to the developer of providing connectivity exceeds £2,000 per premise, or the operator declines to provide a connection.
• Developers must seek a second quote from network operators, where the first quote suggests that gigabit-capable broadband cannot be installed within the cost cap.
• If gigabit broadband exceeds the cost cap, the developer must provide connectivity to other technologies which can provide at least superfast connection within the same cost cap, unless the operator declines to provide a connection.

The UK Government published a second consultation on 21 December 2021 that closed on 28 February 2022 around the technical implementation through the amendments to the Building Regulations 2010 in England.

The Scottish Government ‘Programme for Government’ 2021/22’ made a commitment to work with the UK Government to ensure Scotland’s interests were represented in the UK Government proposals.

The Scottish Government consultation ran from 19 September 2023 to 12 December 2023 on implementing a similar policy to that in England by amending Standard 4.14 of the Building Standards Technical Handbook. The consultation outcome supported proposals to introduce a requirement on housing developers to complete a Connectivity Plan to verify the type of connection available at a premises was a gigabit-capable connection. Where it is not possible to provide a gigabit-capable connection up to a cost cap of £2,000 per premises an exemption can be relied upon to provide the ‘next best’ connection available at a premises while installing the passive infrastructure (e.g. ducts) to facilitate the retrospective connection to a gigabit-capable network.

At present there is no requirement to provide a broadband connection at any speed within new homes. Agreements are negotiated on commercial terms between developers and operators although larger developments (20+ premises) can get a connection at no cost from Openreach, subject to conditions. Although the market has driven significant improvements in terms of gigabit-capable connectivity in recent years data from Openreach, the largest network operator, indicates around 4% of new build homes in Scotland do not receive gigabit-capable connectivity. Where gigabit-capable connectivity is not available these premises are disproportionately found in rural developments and smaller developments.

New regulations will come into force from 1 January 2025 with supporting statutory guidance published in the Building Standards Technical Handbook standard 4.14:

Every building and building unit must be designed and constructed in such a way that:

a. each building unit is equipped with a network termination point for a gigabit-capable public electronic communications network;

b. gigabit-capable physical infrastructure from a network termination point to a building access point or common access point is provided;

c. gigabit-capable physical infrastructure from a building access point or common access point to a network distribution point is provided within the curtilage of the development site;

d. a means of connecting each network termination point to a gigabit-capable electronic communications network is provided, to the extent this is reasonably practicable.

e. Change to Limitations “Standard 4.14(c) and 4.14(d) do not apply to non-domestic buildings.

The introduction of these requirements aligns with Scotland’s National Performance Framework and is directly applicable to the National Indicator ‘Access to Superfast Broadband’.

The net effect of the changes will be to reduce the number of premises where a gigabit-capable connection is not available at outset and where this is not possible ensure that passive infrastructure is available to support a retrospective deployment by a network operator. This will, however, increase the initial cost of construction (subject to the cost cap). An assessment of this is provided in the accompanying Business and Regulatory Impact Assessment.

The Scope of the EQIA

The EQIA assesses the establishment of the amended Standard 4.14 against the three needs of the public sector equality duty, namely to:

• Eliminate discrimination, harassment and victimisation;
• Advance equality of opportunity; and
• Foster good relations

It does so with respect to the nine protected characteristics of Age, Disability, Sex, Pregnancy and Maternity, Gender Reassignment, Sexual Orientation, Race, Religion or Belief and Marriage and Civil Partnership.

As part of our approach to the amendments, we have worked with a wide array of stakeholders in the telecommunications and housing developer sectors to develop our policy and proposals. We have collated and gathered available evidence on the nine protected characteristics and assessed the impact on each.

Initial data gathering was undertaken by analytical colleagues within the Scottish Government’s Office of the Chief Economic Adviser (OCEA). This included the use of the Scottish Government’s Equality Evidence Finder, as well as the various sources highlighted within Stage 2 below. As demonstrated at Stage 2, there is, however, a lack of data/ evidence specifically relating to new buildings – with the majority of findings focussed around Scotland’s existing building stock. Population level data by local authority has been used to illustrate the demographics of areas where gigabit-capable connectivity is less prevalent at the outset within new build developments based on data from the telecommunications sector.

The most relevant findings have been extracted and included below for consideration.

Stage 2: Data and evidence gathering, involvement and consultation

Include here the results of your evidence gathering (including framing exercise), including qualitative and quantitative data and the source of that information, whether national statistics, surveys or consultations with relevant equality groups.

Characteristic^[1]

Age

Evidence gathered and Strength/quality of evidence

No specific evidence in relation to new builds.

Local Authorities: Data from suppliers indicates that in 2022 the following local authorities had the lowest percentage of new build developments installing fibre to the premise:

• Comhairle nan Eilean Siar (0%)
• East Lothian (0%)
• Inverclyde (22.2%)
• Argyll and Bute (29.4%)
• West Dunbartonshire (30.8%)

The largest number of developments installing a superfast connection was in the following local authority areas:

• South Lanarkshire (40)
• Clackmannanshire (37)
• Argyll and Bute (36)
• Perth and Kinross (28)
• Dumfries and Galloway (25)

Of the nine local authorities identified where the proposals would affect premises under either metric, two have a lower proportion of retired people within the population than the Scotland as a whole (14.1%).

South Lanarkshire (9.6%)

West Dunbartonshire (8.6%)

Five local authorities identified above have a larger proportion of their population retired than the figure for Scotland as a whole.

Argyll and Bute (29%)

East Dunbartonshire (20.8%)

Dumfries and Galloway (20.5%)

Perth and Kinross (18.8%)

Clackmannanshire (14.9%)

Data is unavailable for Comhairle nan Eilean Siar and Inverclyde.

Age of new home buyers: Data from the Help to Buy (Scotland) scheme indicates that the vast majority of new home purchases were made by those under 35 years of age (77%), with the average (mean) age of Help to Buy recipients being 31 years old.

This policy aims to increase the availability of gigabit-capable internet in new build homes. Age has no impact to the proposal.

Source

ONS official census and labour market statistics (2021)^[2]

Help to Buy (Scotland): Help to Buy Characteristics Report 2020-21^[3]

Data gaps identified and action taken

N/A

Characteristic^[1]

Disability

Evidence gathered and Strength/quality of evidence

No specific evidence in relation to new builds.

This policy aims to increase the availability of gigabit-capable internet in new build homes. Disability has no impact to the proposal.

Source

N/A

Data gaps identified and action taken

N/A

Characteristic^[1]

Sex

Evidence gathered and Strength/quality of evidence

No specific evidence in relation to new builds.

This policy aims to increase the availability of gigabit-capable internet in new build homes. Sex has no impact to the proposal.

Source

N/A

Data gaps identified and action taken

N/A

Characteristic^[1]

Pregnancy and Maternity

Evidence gathered and Strength/quality of evidence

No specific evidence in relation to new builds.

This policy aims to increase the availability of gigabit-capable internet in new build homes. Pregnancy and maternity has no impact to the proposal.

Source

N/A

Data gaps identified and action taken

N/A

Characteristic^[1]

Gender Reassignment

Evidence gathered and Strength/quality of evidence

No specific evidence in relation to new builds.

This policy aims to increase the availability of gigabit-capable internet in new build homes. Gender reassignment has no impact to the proposal.

Source

N/A

Data gaps identified and action taken

N/A

Characteristic^[1]

Sexual Orientation

Evidence gathered and Strength/quality of evidence

No specific evidence in relation to new builds.

This policy aims to increase the availability of gigabit-capable internet in new build homes. Sexual orientation has no impact to the proposal.

Source

N/A

Data gaps identified and action taken

N/A

Characteristic^[1]

Race

Evidence gathered and Strength/quality of evidence

No specific evidence in relation to new builds.

This policy aims to increase the availability of gigabit-capable internet in new build homes. Race has no impact to the proposal.

Source

N/A

Data gaps identified and action taken

N/A

Characteristic^[1]

Religion or Belief

Evidence gathered and Strength/quality of evidence

No specific evidence in relation to new builds.

This policy aims to increase the availability of gigabit-capable internet in new build homes. Religion or belief has no impact to the proposal.

Source

N/A

Data gaps identified and action taken

N/A

Characteristic^[1]

Marriage and Civil Partnership

(The Scottish Government does not require assessment against this protected characteristic unless the policy or practice relates to work, for example HR policies and practices - refer to Definitions of Protected Characteristics document for details)

Evidence gathered and Strength/quality of evidence

This policy aims to increase the availability of gigabit-capable internet in new build homes. Marriage and Civil Partnership has no impact to the proposal.

Source

N/A

Data gaps identified and action taken

N/A

Stage 3: Assessing the impacts and identifying opportunities to promote equality

Having considered the data and evidence you have gathered; this section requires you to consider the potential impacts – negative and positive – that your policy might have on each of the protected characteristics. It is important to remember the duty is also a positive one – that we must explore whether the policy offers the opportunity to promote equality and/or foster good relations.

Do you think that the policy impacts on people because of their age?

Age

Eliminating unlawful discrimination, harassment and victimisation

Impact

None

Reasons for your decision

This policy aims to increase the availability of gigabit-capable internet in new build homes. Age has no impact to the proposal.

Age

Advancing equality of opportunity

Impact

None

Reasons for your decision

This policy aims to increase the availability of gigabit-capable internet in new build homes. Age has no impact to the proposal.

Age

Promoting good relations among and between different age groups

Impact

None

Reasons for your decision

This policy aims to increase the availability of gigabit-capable internet in new build homes. Age has no impact to the proposal.

Do you think that the policy impacts disabled people?

Disability

Eliminating unlawful discrimination, harassment and victimisation

Impact

None

Reasons for your decision

This policy aims to increase the availability of gigabit-capable internet in new build homes. It will not positively or negatively impact the elimination of discrimination, harassment and victimisation.

Disability

Advancing equality of opportunity

Impact

None

Reasons for your decision

This policy aims to increase the availability of gigabit-capable internet in new build homes. It will neither positively or negatively impact advancing equality of opportunity.

Disability

Promoting good relations among and between disabled and non-disabled people

Impact

None

Reasons for your decision

This policy aims to increase the availability of gigabit-capable internet in new build homes. It will neither positively or negatively impact relations between disabled and non-disable people.

Do you think that the policy impacts on men and women in different ways?

Sex

Eliminating unlawful discrimination

Impact

None

Reasons for your decision

This policy aims to increase the availability of gigabit-capable internet in new build homes. Sex has no impact to the proposal.

Sex

Advancing equality of opportunity

Impact

None

Reasons for your decision

This policy aims to increase the availability of gigabit-capable internet in new build homes. Sex has no impact to the proposal.

Sex

Promoting good relations between men and women

Impact

None

Reasons for your decision

This policy aims to increase the availability of gigabit-capable internet in new build homes. Sex has no impact to the proposal.

Do you think that the policy impacts on women because of pregnancy and maternity?

Pregnancy and

Maternity

Eliminating unlawful discrimination

Impact

None

Reasons for your decision

This policy aims to increase the availability of gigabit-capable internet in new build homes. Pregnancy and maternity has no impact to the proposal.

Pregnancy and

Maternity

Advancing equality of opportunity

Impact

None

Reasons for your decision

This policy aims to increase the availability of gigabit-capable internet in new build homes. Pregnancy and maternity has no impact to the proposal.

Pregnancy and

Maternity

Promoting good relations

Impact

None

Reasons for your decision

This policy aims to increase the availability of gigabit-capable internet in new build homes. Pregnancy and maternity has no impact to the proposal.

Do you think your policy impacts on people proposing to undergo, undergoing, or who have undergone a process for the purpose of reassigning their sex? (NB: the Equality Act 2010 uses the term ‘transsexual people’ but ‘trans people’ is more commonly used)

Gender reassignment

Eliminating unlawful discrimination

Impact

None

Reasons for your decision

This policy aims to increase the availability of gigabit-capable internet in new build homes. Gender reassignment has no impact to the proposal.

Gender reassignment

Advancing equality of opportunity

Impact

None

Reasons for your decision

This policy aims to increase the availability of gigabit-capable internet in new build homes. Gender reassignment has no impact to the proposal.

Gender reassignment

Promoting good relations

Impact

None

Reasons for your decision

This policy aims to increase the availability of gigabit-capable internet in new build homes. Gender reassignment has no impact to the proposal.

Do you think that the policy impacts on people because of their sexual orientation?

Sexual orientation

Eliminating unlawful discrimination

Impact

None

Reasons for your decision

This policy aims to increase the availability of gigabit-capable internet in new build homes. Sexual orientation has no impact to the proposal.

Sexual orientation

Advancing equality of opportunity

Impact

None

Reasons for your decision

This policy aims to increase the availability of gigabit-capable internet in new build homes. Sexual orientation has no impact to the proposal.

Sexual orientation

Promoting good relations

Impact

None

Reasons for your decision

This policy aims to increase the availability of gigabit-capable internet in new build homes. Sexual orientation has no impact to the proposal.

Do you think the policy impacts on people on the grounds of their race?

Race

Eliminating unlawful discrimination

Impact

None

Reasons for your decision

This policy aims to increase the availability of gigabit-capable internet in new build homes. Race has no impact to the proposal.

Race

Advancing equality of opportunity

Impact

None

Reasons for your decision

This policy aims to increase the availability of gigabit-capable internet in new build homes. Race has no impact to the proposal.

Race

Promoting good race relations

Impact

None

Reasons for your decision

This policy aims to increase the availability of gigabit-capable internet in new build homes. Race has no impact to the proposal.

Do you think the policy impacts on people because of their religion or belief?

Religion or belief

Eliminating unlawful discrimination

Impact

None

Reasons for your decision

This policy aims to increase the availability of gigabit-capable internet in new build homes. Religion or belief has no impact to the proposal.

Religion or belief

Advancing equality of opportunity

Impact

None

Reasons for your decision

This policy aims to increase the availability of gigabit-capable internet in new build homes. Religion or belief has no impact to the proposal.

Religion or belief

Promoting good relations

Impact

None

Reasons for your decision

This policy aims to increase the availability of gigabit-capable internet in new build homes. Religion or belief has no impact to the proposal.

Do you think the policy impacts on people because of their marriage or civil partnership?

Marriage and

Civil Partnership^[4]

Eliminating unlawful discrimination

Impact

None

Reasons for your decision

This policy aims to increase the availability of gigabit-capable internet in new build homes. Marriage or Civil Partnership has no impact to the proposal.

Stage 4: Decision making and monitoring

Identifying and establishing any required mitigating action

If, following the impact analysis, you think you have identified any unlawful discrimination – direct or indirect - you must consider and set out what action will be undertaken to mitigate the negative impact. You will need to consult your legal team in SGLD at this point if you have not already done so.

Have positive or negative impacts been identified for any of the equality groups?

No

Is the policy directly or indirectly discriminatory under the Equality Act 2010^[5]?

No

If the policy is indirectly discriminatory, how is it justified under the relevant legislation?

N/A

If not justified, what mitigating action will be undertaken?

N/A

Describing how Equality Impact analysis has shaped the policy making process

Housing developers will be affected by this policy as it is implemented through the building standards system. The policy will not impact on people on the basis of any protected characteristics. All new homes will benefit from an improved and strengthened standard for broadband infrastructure.

Recommendations and Conclusion

Our collaborative approach to policy development to date, involving a range of individuals and organisations, plus the key information and evidence we have gathered, has helped us to assess the impact of our proposals on protected characteristics groups. Our assessment has concluded that there are no negative impacts for any protected group against the needs of the public sector equality duty.

This review is being undertaken in the context of broader by the Scottish Government to deliver improved digital connectivity across Scotland. Over £600 million is being invested through the Reaching 100% (R100) broadband investment programme main procurement contracts, the majority of these being full fibre gigabit-capable connections, in addition to ongoing commercial coverage to improve access to gigabit-capable connectivity across Scotland.

The assessment has highlighted a known issue – that the setting of standards which impose a regulatory and cost burden can deliver relatively universal benefits but can be more challenging for persons of more limited resources. There remains a degree of inherent inequality within Scotland’s population on income and resources, particularly in relation to age, disability, sex and race.

However, it is recognised that there is a need for standards within new build developments for the provision of infrastructure to support broadband connectivity to align with wider Scottish Government ambitions in this area.

As a result of this assessment, no new and specific mitigations are proposed to the policy or to the building standards system which implements it.

Stage 5 - Authorisation of EQIA

Please confirm that:

• This Equality Impact Assessment has informed the development of this policy:

Yes

• Opportunities to promote equality in respect of age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation have been considered, i.e.:
  • Eliminating unlawful discrimination, harassment, victimisation;
  • Removing or minimising any barriers and/or disadvantages;
  • Taking steps which assist with promoting equality and meeting people’s different needs;
  • Encouraging participation (e.g. in public life)
  • Fostering good relations, tackling prejudice and promoting understanding.

Yes

• If the Marriage and Civil Partnership protected characteristic applies to this policy, the Equality Impact Assessment has also assessed against the duty to eliminate unlawful discrimination, harassment and victimisation in respect of this protected characteristic:

Not applicable

Declaration

I am satisfied with the equality impact assessment that has been undertaken for amendments to building standards to require installation of infrastructure to support gigabit-capable connectivity in new build developments and give my authorisation for the results of this assessment to be published on the Scottish Government’s website.

Name: Robbie McGhee

Position: Deputy Director, Digital Connectivity

Authorisation date: 31 July 2024