BUILDING REGULATIONS (AMENDMENT) BILL (NORTHERN IRELAND) 2008
EXPLANATORY AND FINANCIAL MEMORANDUM
INTRODUCTION
1. This Explanatory and Financial Memorandum has been prepared by the Department of Finance and Personnel (“the Department”) in order to assist the reader of the Bill and to help inform debate on it. It does not form part of the Bill and has not been endorsed by the Assembly.
2. The Memorandum needs to be read in conjunction with the Bill. It does not, and is not meant to be, a comprehensive description of the Bill. So where a clause or part of a clause or schedule does not seem to require an explanation or comment, none is given.
BACKGROUND AND POLICY OBJECTIVES
3. The Bill amends the Building Regulations (Northern Ireland) Order 1979 No. 1709 (N.I.16) (as amended by The Planning and Building Regulations (Amendment) (Northern Ireland) Order 1990 No. 1510 (N.I. 14)) (“the 1979 Order”). The new powers and amended provisions reflect the increasing significance of sustainability and environmental issues, as evidenced by the Sustainable Development Strategy for Northern Ireland, by extending the broad principles of the regulatory framework. The opportunity is also taken to streamline and clarify some of the existing regulatory and enforcement provisions.
CONSULTATION
4. The Department conducted two public consultations on the content of the proposed Bill, firstly between January and May 2004 on the existing scope of the building regulations framework, and then from July to November 2005, on a range of policy proposals. Approximately 10% of consultees responded and were broadly supportive of the current framework and the policy changes proposed.
5. The Department also ran two stakeholder workshops for representatives from both district councils and the local construction industry, consulted with the Northern Ireland Building Regulations Advisory Committee (NIBRAC) and, as part of a series of public seminars on amendments to the Building Regulations, made presentations on these proposals.
OPTIONS CONSIDERED
6. Three options were considered:
i) Do nothing – not feasible, as the existing provisions are not adequate to cope with the requirements of modern buildings and increasing EU demands,
ii) Radical overhaul of the entire building regulations process – not necessary, as evidence indicates contentment with the current regime; and
iii) Amend the existing Order and introduce new provisions as appropriate – the preferred option, given the nature of the amendments proposed.
OVERVIEW
7. The Bill consists of 17 Clauses and 1 Schedule, which follow the order of the Articles as they appear in the 1979 Order as amended.
COMMENTARY ON CLAUSES
Clause 1 Building Regulations: Schedule 1 to the 1979 Order is amended to enable building regulations made by the Department to regulate energy performance of buildings, including the proportion of energy used which is to come from a particular source.
Clause 2 Protected Buildings: this amendment requires district councils to have regard to the preservation of the character of protected buildings when carrying out their functions under building regulations.
Clause 3 Building Regulations Advisory Committee: the process for appointing members is amended to reflect the Office of the Commissioner of Public Appointments for Northern Ireland’s Code of Practice, which recommends that nominations to public bodies should come from suitable individuals who meet the application criteria.
Clause 4 Further provisions as to the making of building regulations: the deemed-to-satisfy provision is removed and replaced by a guidance-based system. The scope of building regulations is extended to include the protection and enhancement of the environment and the promotion of sustainable development.
Clause 5 Guidance documents: procedures are set out under which guidance will be prepared and published.
Clause 6 Type-approvals: district councils are to be given the power to ‘type-approve’ non-site specific building matters (e.g. house type superstructures) in consultation with prescribed bodies, allowing for greater flexibility. Applicants may appeal the decision of a district council to the Department. Building regulations will detail the matters for which ‘type-approval’ may be sought.
Clause 7 Power to require or carry out tests: The Department is given the power to prescribe in building regulations, the type of tests which a district council may carry out or require to be carried out to ensure that building regulations are not being contravened.
Clause 8 Contravention notices: district councils will not be allowed to issue contravention notices after a time (not exceeding 12 months after works are completed) to be prescribed by building regulations. Regulations will be made by the Department to make it mandatory to inform a district council of the date when those works are completed.
Clause 9 Registers of information: a new requirement for district councils to keep registers of information for public inspection formalises current practice and allows the Department to prescribe the format and content of registers.
Clause 10 Civil liability: Article 20 is omitted as it has never been activated and the Department has not received representation asking it to do so.
Clause 11 False or misleading statements: this creates a new criminal offence of knowingly or recklessly submitting false information.
Clause 12 Application of building regulations to the Crown: Article 22 has not been commenced. To reflect modern procurement practice within the Crown estate, we now intend to do so and include a redefinition of “Crown building” as a building occupied by the Crown and to require Crown buildings (except where prescribed) to be compliant with the substantive requirements of building regulations.
Clause 16 Commencement: provisions of this Order will be brought into operation on such day or days as the Department may appoint, by Order.
FINANCIAL EFFECTS
8. The Department does not consider that the Bill will place any additional financial burden on the public purse, nor on the general public.
HUMAN RIGHTS ISSUES
9. The provisions of the Bill are considered compatible with the Human Rights Act 1998.
EQUALITY IMPACT ASSESSMENT
10. Since building regulations apply equally to everyone within Northern Ireland, building regulations’ policy has been screened out of the Equality Impact Assessment programme.
SUMMARY OF THE REGULATORY IMPACT ASSESSMENT
11. Since the Bill does not contain any provisions that will result in an increased or adverse impact on businesses, charities or on the community and voluntary sectors, no Regulatory Impact Assessment has been conducted. Subsequent regulations may have financial implications and will be supported by Regulatory Impact Assessments as appropriate.
LEGISLATIVE COMPETENCE
12. At introduction the Minister for Finance and Personnel has made the following statement under section 9 of the Northern Ireland Act 1998:
“In my view the Building Regulations (Amendment) Bill (Northern Ireland) would be within the legislative competence of the Northern Ireland Assembly.”
SECRETARY OF STATE CONSENT
13. A statement is required under section 10(3)(b) of the Northern Ireland Act 1998, on Secretary of State consent:
"The Secretary of State has consented under section 10(3)(b) of the Northern Ireland Act 1998 to the Assembly considering this Bill."