Building Standards Futures Board minutes: August 2024

Attendees and apologies

• Ken Gourlay (KG) Chair, Chief Executive, Fife Council
• John-Paul Breslin (JPB), LABSS
• Zoe Black (ZB), RIAS
• Jocelyne Fleming (JF), CIOB
• Colin Proctor (CP), Scottish Futures Trust (SFT)
• Robert Toomey (RT), RICs
• Gordon Nelson (GN), FMB
• Steve Fawcett (SF), Homes for Scotland
• Robert Nicol (RN), COSLA
• Mark Lawler (ML), SER, Certification Scheme Providers
• Fiona MacDonald (FMac), Built Environment – Smarter Transformation (BE-ST)
• Neil Mitchell (NM), Scottish Government
• Stephen Garvin (SGa), Scottish Government
• Colette Templeton (CT), Scottish Government
• Fiona Sinclair (FS), Scottish Government
• Cheryl Dewar (CD), Scottish Government
• Ken Craig (KC), Scottish Government
• Frank Doherty (FD), Scottish Government
• Vicki Bell (VB), Scottish Government
• Daniel Foulds (DF), Scottish Government
• Andrew Gayler (AG), Scottish Government

Apologies

• Nigel Kerr (NK), Fife Council
• James Whiteford (JW), Director, Building Standards Hub
• Alan McAulay (AMc), Director, Building Standards Hub
• Robert Storey (RS), SER
• Dave Aitken (DA), LABSS
• Graham Martin (GM), RIAS
• Tamsie Thomson (TT), RIAS
• Ron Fraser (RF), Construction Scotland

Items and actions

The new Chair, KG, welcomed everyone to the meeting and introductions were provided. Apologies were noted.   

Meeting Business

Note of meeting 18 – 16 April 2024

The note of the previous meeting was approved by the Board.

Action Points Paper 93 (27/08/2024)

The Board was updated on progress of the actions from the previous meeting. These were agreed and closed.

Engagement and updates

Construction Leadership Forum (CLF)

SGa provided an update in place of RF.

CLF last met in June 2024. The meeting had two main focusses; Net Zero, with the decarbonisation of rural machinery being discussed and New Build Heat Standards. Meetings are attended by Officials, industry leads, major contractors, sub-contractors and material suppliers.

In regard to the New Build Heat Standards and the move from gas as a source of heat in new builds, it would appear the changes were not as widely known as thought, with the Buildings Merchant Federation reporting that they were not aware. A wider learning point for all is to increase and widen communications.

A further update will be provided under the Building Standards item on the agenda.

The next meeting of the CLF is due to take place in September 2024.

Construction Quality Improvement Collaborative (CQIC)

CP provided an update to the Group.

The most recent CQIC meeting focussed on cultural change in the sector, highlighting a strong desire to implement a compliance culture and how this can be achieved through attitude and behaviours.

Work is underway to look at design and requirements management and how this will fit into contractor design projects. The use of the Compliance Plan Approach to ensure clear information on the design and roles and responsibilities was also discussed.

The Chair noted that improving quality is a campaign to improve construction quality. Consideration should be given to the need for high level milestones and yearly programmes of work. Commitment to the Quality Charter and how compliance is evidenced is important.

Building Standards – update

SGa provided an update.

Regular stakeholder and verifier engagement continues. A meeting with Local Authority verifiers took place week beginning 19 August, which provided feedback regarding compliance culture. Feedback on major projects where work was progressing without appropriate permission particularly in relation to staged warrants and the impact this was having on the work of verifiers and on compliance. Recognised that the issue arises with both private and public clients and underlines the need for a stronger emphasis on compliance in future discussions. There was agreement this was important to note following CP’s update.

New Build Heat Standards

The New Build Heat Standards came into force from 1 April 2024. The new standard 6.11 requires that heating in new builds should not include direct emissions, with a push towards the introduction of heat pumps and heat networks.

There was some initial pushback on the changes particularly from rural developers and home owners where there was some misinformation in regard to the banning of woodburning stoves and potential removal of appliances. This has resulted in Ministers committing to a review. Various engagement sessions have taken place as a result to deliver on the Heat Strategy approach and how to balance between new fuel options and old.

BSD are working with SG Heat and Building colleagues and legal teams to support future work. A Public Consultation was launched on Thursday 22 August 2024 which outlines the proposal for a two-phase approach. It is expected that initial changes will come into force before the end of the year.

Grenfell Inquiry Phase 2 Report

The Grenfell Phase 2 Inquiry Report will be published on 4 September 2024.

Evidence for Phase 2 data has been gathered from as far back as November 2022, with preparations for the report taking around 21 months. The report is intended to be larger than Phase 1, with a focus on covering a range of issues including the role of the government, building regulations, building managements and products etc. The Inquiry has gone through a process of reflection and consultation with organisations referenced in the report.

The Grenfell Inquiry Phase 1 Report was published in 2018 and focused on the events on the night of the fire. 46 recommendations were identified. Scottish Government undertook its own analysis of the report and recommendations which have been considered in partnership with the Scottish Fire and Rescue Service.

A Ministerial Working Group has been established, this will take time to consider and report on the Phase 2 report and its recommendations.  

It was noted that a large amount of work has already been undertaken in Scotland as a result of the fire at Grenfell Tower. This has included the establishment of the Futures Board and its workstreams, and the creation of the Cladding and Remediation Programme as well as changes to procedural and technical guidance.

Compliance Plan (CP) Workstream

Revised Compliance Plan Strategy and update Paper 94 (27/08/2024)

KC presented to the Board and spoke through revisions made to the Compliance Plan Strategy (CPS).

Key achievements since last updating the Board are:

• Ministerial approval granted to extend CP workstream by two years
• Agreed the roles and responsibilities of the Compliance Plan Manager (CPM)
• Removed concerns around PII requirements for CPMs
• Set up Phase 1 of the Early Adopter (EA) Scheme
• Developed Early Adopters Compliance Handbook and Compliance Plan forms
• Lessons learnt from CP trial at Dunfermline Learning Campus
• Published best practice guidance for applicants to improve the quality and consistency of information submitted in support of building warrant applications

Various research projects have been undertaken including:

• Compliance on Low-Rise Volume Housing Sites
• Appraisal of adequacy of building warrant fees for verifying multi-plot housing sites
• Responsibilities of Compliance Plan Manager (CPM) and Client
• Enforcement and Sanctions (being taken forward by BSD Practise Unit)

New challenges for the workstream and key deliverables were highlighted throughout the presentation. Approval was sought on the revised and updated CPS, this was agreed by the Board.

The next meeting of the Compliance Plan Working Group is on 3 October 2024. The CP Team will report any progress to the Board following this, at the next FB meeting.

As Chair of the Compliance Plan Working Group (CPWG), GN acknowledged the work discussed throughout the presentation and welcomed the updated document.  

Presentation on Early Adopter Scheme

CD provided an update to the Board on the Early Adopters Scheme (EAS).

The Scheme was launched in March 2024 and is focused on high-risk building projects. The purpose of the scheme is to support further development of legislation and guidance for the new compliance approach.

The new CP approach was discussed focusing on the role of the CPM and how the Relevant Person (owner/developer legally responsible for compliance within building warrant projects) will be expected to manage this.

Public consultations, stakeholder engagement and research were carried out to support the launch of the EAS as well as a trial of the new approach on the new Dunfermline Learning Campus project in Fife, which has now been completed. The team are currently reviewing feedback and lessons learned from the trial.

Phase 1 of the Scheme will focus on new build projects, such as schools and high-rise residential buildings. Consideration is being given to a Phase 2 which will cover extensions, alterations and conversions of high-risk buildings.

The aim is to have around 6 projects in phase 1 with a mix of different project types across local authority areas, to gain a variety of feedback.

Further information on the Scheme can be found on the Construction Quality Improvement Collaborative’s website. If interested in joining, Board members were advised to contact CD.

Energy Standards  

Consultation on Energy Standards

DF presented to the Board providing an overview on energy standards and background on the Scottish Equivalent to the Passivhaus Standard.

In July 2024 a consultation was launched to seek views on the form and approach that a Scottish equivalent to the Passivhaus Standard, implemented through building regulations, should adopt. It also seeks information on the implementation of the 2023 energy standards to inform the development of a stage 2 consultation in 2025, which will set out the details of proposed new standards or performance targets. The consultation details what an equivalent should and shouldn’t require.

The Board were taken through proposed design and compliance components of the standards and the proposed delivery of the programme was shared.

The programme is split into 3 stages:

• Stage 1 – December 2024 – define an equivalent and laying of regulations
• Stage 2 – Early 2026 – develop and deliver guidance documents and tools
• Stage 3 – 2028 – revised standards come into force

ZB raised a question regarding the Home Energy Model (HEM) development and if there is a potential for this to happen earlier? It was advised that the team are working toward early 2026 to allow the further transition into 2028 therefore there is no intention for HEM development before that. A move away from the Standard Assessment Procedures (SAP) would be beneficial however will remain at this stage.

The Chair encouraged members to share the consultation link with their stakeholders.

Work Stream Updates

Work Stream Update Paper 95 (27/08/2024)

Paper 95 provides an update on the workstreams not covered by the main papers at today’s meeting.

The RAG status measuring progress on each is:

Verification Standard – RAG status is currently Green.

Verification Delivery Model – RAG status is currently Green.

Compliance Plan Approach – RAG status is currently Amber.

Digital Transformation – RAG status is currently Amber.

Certification Strategy – RAG status is currently Green

The Chair acknowledged the letter issued to Local Authority Chief Executives from SGa at the beginning of July 2024. The letter sought information in relation to resources and investment, capacity gaps, workforce, learning and completion certificates. The Board noted the importance of providing evidence to support recommendations to the Minister.  

Futures Board Risk Reporting

Risk Register – Paper 96 (27/08/2024)

The Board were given an update on the Risks within the Futures Board Programme.

Multiple risks have been closed with some new risks being added to the Risk Register, however these are managed on a regular basis throughout the workstreams.

The Group were content with the Risk Register.

AOCB

Date of next meeting:

Wednesday 4 December 2024

2025 Meeting Schedule:

The Board agreed to 3 meetings in 2025. Dates will be arranged in due course.

Actions

1. Board members to share the consultation to determine the principles for a Scottish equivalent to the Passivhaus standard, with their groups
2. Members to contact CD if interested in joining the EAS
3. Dates for 2025 meeting to be agreed in the coming months