Building Standards Futures Board minutes: December 2024

Attendees and apologies

Ken Gourlay (KG) Chair, Chief Executive, Fife Council

John-Paul Breslin (JPB), LABSS

Jocelyne Fleming (JF), CIOB

Colin Proctor (CP), Scottish Futures Trust (SFT)

Robert Toomey (RT), RICS

Gordon Nelson (GN), FMB

Robert Nicol (RN), COSLA

Fiona MacDonald (FMac), Built Environment – Smarter Transformation (BE-ST)

Catherine MacLeod, (CMac), SER

Neil Mitchell (NM), Scottish Government

Stephen Garvin (SGa), Scottish Government

Colette Templeton (CT), Scottish Government

Fiona Sinclair (FS), Scottish Government

Andrew Gayler (AG), Scottish Government

Ken Craig (KC), Scottish Government

Frank Doherty (FD), Scottish Government

Apologies

Robert Storey (RS), SER

Dave Aitken (DA), LABSS

Graham Martin (GM), RIAS

Tamsie Thomson (TT), RIAS

Ron Fraser (RF), Construction Scotland

Steve Fawcett (SF), Homes for Scotland

Mark Lawler (ML), SER, Certification Scheme Providers

Steven Scott (SS), Scottish Government

Zoe Black (ZB), RIAS

Items and actions

The Chair welcomed everyone to the meeting and apologies were noted.

The main themes of the meeting included an update on the Grenfell Inquiry, the work of the Delivery Model, Compliance Plan and Certification workstreams. Approval on the Delivery Model and Certification Strategy documents are being sought at today’s meeting.

Meeting Business

Note of meeting 19 – 27 August 2024

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

Action Points Paper 97 (04/12/2024)

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

Collaborative working

Construction Quality Improvement Collaborative

CP provided an update.

A recent workshop had been held on Contractor Design Portions, which are commonly used in larger projects. CDP has implications for Staged Warrants and for assurance around compliance. 

CP highlighted the role of independent assurance when looking at quality is being considered.

SFT are currently working with BSD on compliance issues with regards to Passivhaus Standards. The work concerns preparation of design and construction stages and evidencing compliance.

Construction Leadership Forum

SGa provided an update.

Two meetings of the CLF have taken place since the previous FB meeting.

The CLF met on 19 September following the publication of the Grenfell Phase 2 report. An overview of the report was given at the meeting. When a response to the inquiry is further developed an update will be provided to the CLF. BE-ST also provided a presentation covering areas such as innovation, skills products, technology, strategy and infrastructure.

The forum also met on 12 November where the Transformation Board provided an update. Police Scotland led a presentation on cyber alarms.

Building Standards

SGa provided an update.

Work continues on Passivhaus Equivalent Standards. A commitment was made to lay regulations in parliament by 14 December, these will support compliance with Passivhaus Equivalent Standards.

A public consultation took place over Summer 2024 closing October 2024. BSD are in the final stages of reviewing this and producing a response. The work continues to be supported by a Working Group and various stakeholders.

Aiming to detail what the standard will look like in 2025 and publish in early 2026. This will allow industry up to 2 years for implementation with an in-force date of 2028. Communications will be put out to support these changes.

A point was raised on the 2-year implementation period of the new Passivhaus Standard. From a verifier perspective it’s important to remember that LAs may not have the skill set, knowledge or tools to work towards this and this needs to be factored into implementation.  

SGa advised that the transition time (subject to ministerial agreement) will be a staged approach that will allow time for verifier upskilling.

Action: SGa and JPB to discuss the introduction of the Passivhaus Standards in relation to verifier upskilling.

New requirements around gigabit broadband will be applicable from January 2025 to ensure the best available technology can be supplied in new homes.

An update on the Fire Safety review was provided. As a result of the Cameron House Hotel fire that took place in 2017, a Short Life Working Group was set up to support the work of the fatal accident inquiry. This WG has now ended and transitioned to become an Expert Working Group. The Group have been involved in looking at certification recommendations, in particular, the installation of fire suppression technology into properties. A consultation on this work will be issued in December 2024.

Work is currently underway on Verifier Competence, with a Working Group set up to look at this. This work is part of the Workforce Strategy, a workstream within the FB Programme. The Competency Assessment System used by verifiers can be used to support and allow BSMs to use to review with their teams.

It was reported that mandatory assessment of staff competence is now in place within Building Control in England, this has highlighted a number of risks, which are being taken into account in this work. To support implementation of verifier competency in Scotland research has been commissioned to inform this work.

Grenfell Phase 2 Report – Paper 98 (04/12/24)

SGa presented to the Group.

Background on the Grenfell Tower fire was provided.

The Grenfell Phase 2 Report was published on 4 September 2024. The report makes recommendations directed at the end-to-end system of construction covering the standards to which industry professionals hold themselves, and how they are trained and regulated. The effectiveness of the regulation of building standards, product standards and crucially, the approach of government to that regulation, including the tone set by government and how that influences the cultures across the construction industry. The 58 recommendations and 2 Issues have been split into eight themes and allocated to a lead official within SG. While these are directed at UK Government the Scottish Government has accepted them all.

A Ministerial Working Group has been set up to oversee the SG’s response to the recommendations, with the next meeting taking place on 12 December 2024. The Grenfell Officials and Stakeholders Working Group continues to take place with both groups on a sequence of monthly meetings.

The UK Government have made a commitment to provide a response within 6 months of the phase 2 report publishing. The tight timescale has been noted however Scottish Government have also agreed to work towards this deadline.

CP asked further about the change in culture required to raise standards. Support can be provided through CQIC and the Leadership Forum.

An in person BSD Futures Board, SBSH and LABSS meeting will be arranged for  January 2025. A venue and arrangements are currently being sourced.

Delivery Model Workstream

CM provided an update.

The SBSH was officially launched on 3 September at Carnagie Conference Centre, with Ministerial attendance. The Hub have recruited and filled the majority of their advertised posts with only two outstanding. These will be progressed in the new year. The Hub website is live and a new generic email address has been created, which can be found on the website.

The BSD/LABSS Delivery Model Development Group’s remit has now been fulfilled due to the SBSH now being implemented. The Group has now transitioned to become the SBSH Operational Support Group, there to report any issues and continue communication between BSD, LABSS and the Hub. 

Background was provided on building warrant fee increases. Following a public consultation in 2023, Fees were increased in April 2024 as part of a 3-year model to provide additional funding to support the strengthening of the building standards system in Scotland.

Fee levels are currently being reviewed for year 2 of the 3-year model and have been validated for the period of 2025-2026.

Local Authorities (LA) have provided data on investment and resource planning to support reinvestment in the system. This sets out how they plan to use additional funds to improve services within their area. Data on monthly inspection and checks is requested on a monthly basis by BSD to look at trends in compliance within authorities. It is hoped that numbers will continue to increase. This information is being used to support the recommendations to the Minister on year 2 fees.  

It was noted that BSD are aware of the additional ask on LAs to provide data requested however this will be kept to a minimum.

The parliamentary slot has been secured and the draft SSI has been prepared. We will be seeking sign off by the Minister for 14 January and laid in parliament on 16 January. There will be a 40 day waiting period until the regulations have final approval. The timeline for this work has been set early to allow back office system changes in LAs to take place in advance of year 2 levels taking effect.

Next steps is to seek ministerial agreement on fee level increases and organise for fee level changes to be made to the eBuilding Standards Calculator in the new year.

CM shared the proposed year 2 fee levels with the Board advising these are still confidential at this stage and subject to ministerial approval. When updated, these will appear within the procedural handbook.

CP asked if BSD have any feedback from verifiers on their experience of receiving the additional resources generated through the year 1 fee increase while trying to increase performance? It was advised that some LAs have reported difficulties in hiring new staff/increasing performance, this is why BSD are undertaking the monitoring and reporting exercise. LAs will be able to use this exercise to take to their own SMTs.

Revised and updated Strategy Paper 99 (04/12/2024)

CM shared the Delivery Model Strategy document with the Board, seeking approval on changes made. The Board agreed the document and it was finalised.  

CP asked if the Hub plans to expand in the future. JW advised that with the addition of new staff there is currently resources to support fire, energy and environment. Focus will turn in the new year to the Structural Hub. The Hub is there as a central support however the goal is for LAs to have enhanced capability within themselves through growth in skills of verifier staff.

The Chair asked if the Board would like a further update on the work of the Hub at its next meeting and this was agreed.

Action: SBSH Directors to provide an update on the Hub at the next FB meeting.

Compliance Plan Workstream

Workstream update Paper 100 (04/12/24)

KC provided an update to the meeting on the work being taken forward to deliver the Compliance Plan workstream.

An update was provided on the ongoing research project in relation to compliance and low rise volume house building sites.

On the Early Adopter Scheme four projects are ongoing these are:

• Dargavel PS, Renfrewshire
• Dumfries HS, Dumfries and Galloway
• EHD – Greendykes Rd, City of Edinburgh
• Templehall Community Centre, Fife Council

BSD are working with Scottish Futures Trust (SFT) to provide monitoring and evaluation support as well as a feedback opportunity for all projects. This will help to shape the Compliance Plan approach across the Early Adopter projects.

The three key aims from this work are:

1. Engagement Workshops - Co-ordinate & Facilitate workshops with Early Adopter projects
2. Initial Findings Report - Issue report on early lessons and findings from workshops
3. Early Adopter Monitoring Plan - Develop project plan for ongoing monitoring evaluation beyond April 2025

The Board were advised that work had begun on reviewing changes that could be made under primary and secondary legislation. A table of options is currently being prepared.

Compliance future plan

FD provided a future look of the Compliance Plan workstream for the next 12-18 months advising that BSD are keen to hear from industry around Early Adopter phases.

The Board were content with the future plans for the Compliance Plan.

Certification Workstream

Revised and updated Strategy Paper 101 (04/12/2024)

AG provided background on the Certification workstream and its aims.

The Certification Working Group sets out to deliver the Certification Strategy. The previous strategy was unable to be properly delivered due to lack of staff resource. The Strategy has been reviewed and updated and approval is sought at today’s meeting.

The Board agreed the strategy. 

AG provided a forward look of work within the workstream and discussed proposed timelines.

Research projects to review Certification will be undertaken, this will inform the strategy going forward. A specification has been drafted for this and will be issued in due course.

Futures Board Risk Reporting

Risk Register – Paper 102 (04/12/2024)

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

Risks are being monitored and a new risk has been added in recognition of the Grenfell Phase 2 report.

AOCB

FMac asked whether BSD were content that a recent report, carried out by BE-ST in partnership with BSD on the introduction of BIM into Building Standards in Scotland, could be released to industry? FD noted that BSD would look at the report and respond.

Action: BSD to review the BE-ST report on the introduction of BIM into the building standards system and respond to FMac.

Date of next meeting:

• 29 April 2025
• 12 August 2025
• 13 November 2025

Actions

1. SGa and JPB to discuss the introduction of the Passivhaus Standards in relation to verifier upskilling.
2. SBSH Directors to provide an update on the Hub at the next FB meeting.
3. BSD to review the BE-ST report on the introduction of BIM into the building standards system and respond to FMac.