Building standards - managing fire risks associated with use of external wall systems: research

1. Introduction and Background

Introduction

1. This project was commissioned by the Building Standards Division (BSD/) of the Scottish Government to assist local authority verifiers manage the fire risk associated with external wall systems (EWS/). The research includes qualitative analysis of the design, verification, installation, inspection and certification of external wall systems.

2. The outcome of the research will be used to develop guidance that may be included in the Compliance Handbook that will be developed to support the Compliance Plan Approach work stream of the Futures Board.

Background to Scottish Building Warrant Process

3. The Building Standards system in Scotland is established by The Building (Scotland) Act 2003 and associated Regulations. The system is pre-emptive and is designed to check that proposals meet building regulations. The purpose of the system is to protect life and the public interest. It is not intended to provide protection to a client in a contract with a builder.

4. The main principles of the system are:

• that a building warrant must be obtained before work starts on site, and
• prior to a building being occupied, a completion certificate must be accepted by a verifier if, after undertaking reasonable inquiry, they are satisfied with the declaration by the “relevant person” that the work meets the building regulations.

5. The system applies to the design, construction or demolition of a building; the provisions of services, fittings or equipment in, or in connection with, a building; and the conversion of a building. It is intended to ensure that work on both new and existing buildings results in buildings that meet reasonable standards, which are set out in building regulations.

6. The regulations do not generally apply to existing buildings unless the owner intends to carry out a type of work that must meet building regulations, including significant alterations. In general terms, work must be carried out in a technically proper and workmanlike manner, and the materials used must be durable and fit for their intended purpose.

7. In Scotland, the 32 local authorities are appointed by Scottish Ministers as verifiers to administer the Building Standards system for their own geographic area and are responsible for the interpretation of Building Standards legislation. Guidance on the Building Standards system is published in the Procedural Handbook.

8. The Building Standards Technical Handbooks provide guidance on achieving the standards set in the Building (Scotland) Regulations 2004. A building warrant application will be granted by a local authority verifier where it is shown that the building complies with the building regulations at the time of the assessment and may include relevant fire test evidence and product certification.

9. Once the building warrant has been granted it is the responsibility of the “relevant person” to ensure that the construction work meets the building regulations and is built in accordance with the building warrant. The “relevant person” is the building owner or developer in most cases. Where changes are made on site to the approved specification e.g. product substitution, an amendment to the building warrant should be submitted to the verifier detailing the changes.

10. The “relevant person” can appoint an agent to act on their behalf if they are unsure of their responsibilities. It is recommended that this person is a suitably qualified and experienced building professional, for example an architect, building surveyor or structural engineer. Similarly, it is the responsibility of the “relevant person” to make sure that design or construction work is carried out by qualified and experienced building professional, ideally registered with a reputable trade or professional body.

11. Once the work has been completed the “relevant person” must submit a completion certificate to the local authority. The “relevant person” signs the certificate which confirms that the work has been completed in accordance with both the building regulations and the granted building warrant. A local authority must accept a completion certificate if, after reasonable inquiry, it is satisfied as to the matters certified in the certificate. Acceptance of a completion certificate cannot be, nor is it intended to be, a guarantee that all workmanship and materials are suitable. Such a guarantee would require a constant supervisory presence on site and this is a matter for the developer/owner to put in place.