“… Undermining the building regulations
The first thing to know is that local officials no longer run all building inspections. England has a so-called “Approved Inspector” regime.
Contractors must no longer wait for a local authority official to check their work. Instead, they may hire people to check their construction processes meet the required standards. There is no single regulator – or arm of government – directly upholding standards.
Second, the most important requirement in the building regulations is to build a safe building. So long as you do that, the fine print of the rules does not much matter too much. That is why, when inspectors sign off sites, they do not feel the need to work directly from the government’s own guidelines. And the guidelines set out by government are rather old, and cannot specify everything in all circumstances.
That has left a gap into which esteemed sector bodies have stepped. Their umbrella organisation – the Building Control Alliance (BCA) – has issued advice about how to get a building signed off as compliant without using the type of materials specified in the government guidelines.
And it is the case that, in the event of some prosecutions or a civil case, breaching the government’s guidance would count as a serious strike against a builder. But it would also be the case that following widely accepted professional practise and BCA guidance may also constitute a defence in a suit for negligence and grounds for mitigation in a criminal prosecution.
The problem is that this BCA guidance does not just suggest ways of making new technology fit the old rules. It introduces loopholes. The net effect of the sector bodies’ guidance is to set weaker standards than the government’s rulebook. …”