The failure in implementing 100% Hackitt

The failure in implementing 100% Hackitt

I’m going to go against convention here with this post. It’s a personal view as a building control professional of 17 years, it’s the view of someone who has worked for two local authorities and handful of Approved Inspectors.

I don’t agree with the 100% implementation of the Hackitt Report in its current form. In fact I admire its content but I don’t agree with some of its core principles. That is not to say I don’t think the construction industry needs reform, it does. It needs to be more holistic in its approach to the delivery of a project. It needs to be from conception all the way through to end of life demolition with safety as the benchmark throughout.

My biggest criticism of the report is how it has been manipulated and been interpreted in a way which has set a wedge between sectors of the building control industry and how it has allowed itself to be moulded in to a dystopian vision orchestrated by LABC.

The Hackitt Report identified that there is a cultural issue across the sector, which was described as a ‘race to the bottom’. There are multiple factors in this ‘race’ but regulatory compliance is not the defining factor. It’s a side effect of an industry that does not always facilitate good practice.

Dame Judith also stated that there is insufficient focus on delivering the best quality building possible in order to ensure that residents are not only safe, but feel safe in their homes or places of work.

As a charted surveyor working in Building Control I have poured over the Hackitt Report and feel that her view on that we don’t need a new regulator is the right and one which seems to have been ignored. Her wish on page 8 of her final report was that existing regulators come together and bring their collective expertise and knowledge to bear in a very different way to deliver a stronger and better regime that will benefit everyone.

This isn’t what has happened and this isn’t what LABC (as the countries largest provider of building control) have been doing. Since the publication of the final report LABC has siloed themselves as the proposed sole arbiter of building regulations in complex scenarios. They have isolated themselves away from the Association of Consultant Approved Inspectors (ACAI) and the Building Control Alliance (BCA), they have gone alone and without consultation, established a competency framework supported by building control courses and qualifications using the public purse. But don't be fooled into what looks like a noble attempt to raise industry standards, it isn’t because it’s not open to those outside the LABC framework.

Even this week at a Policy Connect event on building regulations in the House of Commons, ACAI were excluded and denied representation. The reason is abundantly clear when you view the speech by Lorna Stimpson. In the video from the event she in effect slanders the Approved Inspector profession as immoral, corrupt and at the behest of main contractors/clients in what we approve or sign off, all these comments without any evidence, only assumptions. There is an agenda to make sure that they present professionals working within the Approved Inspector system as incompetent.

Its been avoided thus far but it has to be recognised that Local Authority Building Control are not the panacea in building regulations. It is on the whole an underfunded and understaffed, inefficient service. Tragic events within high rise buildings in the last 10 years where LABC were the custodians of the regulations and the building stock show this. And I am not painting Approved Inspectors as saints when I state this, Grenfell could have happened to any of us, I’m merely pointing out that the proposed guardians of the regulatory function on high rise buildings in the Hackitt Report are not by default a safe pair of hands and have been subject to more cuts in service than their private sector counterparts.

This division we now see could have been eliminated. The regulatory function of building control within the Hackitt Report should, and could have been managed through the Building Control Alliance, a body which purports to represent the whole of the industry but in this instance they have failed to do so. This very failure by the BCA could also be considered as an indictment against the building control sector in that following an event as pivotal as Grenfell the last meaningful communication from the group was over 6 months ago and it was the only news item by the BCA in 12 months! As an industry that isn’t good enough and the BCA needs reforming by its stakeholders for the post Hackitt era to reflect the needs of the whole industry.

Approved Inspectors have been around for 30 years and they have made a positive contribution to the delivery of a regulated built environment as a licenced, insured and competent group of professionals and organisations. Any change to legislation should place this contribution at its heart rather than cast it off with the carrot of services being used by LABC teams should they so wish. The fact of the matter is that we would never be asked to undertake the function even if service delivery at LABC suffered as a consequence.

BCA state in their mediation document used by Approved Inspectors and LABC that:

“It is absolutely fundamental to the standing of Building Control as a whole that this relationship stands as a model of exemplary professional interaction. Both Government and Industry rely on the building control service to focus on efficiency and high compliance with minimum burden”

The above statement should form the basis for the whole building control industry but ladies and gentlemen we are currently failing the very people we should be protecting. We need to move forward as one with both Approved Inspectors and Local Authority Building Control providing a competency based, licenced, insured and regulated service through governance by the CIC and the stewardship of the Building Control Alliance for the benefit of all.

The days of separating competence, service delivery and regulatory function have to stop. We need to reflect and the LABC need to recognise the misrepresentation of Approved Inspectors does nothing but damage the industry as a whole because if clients cannot choose their regulator they need to know that the people supporting the process, whether it is on the side of the duty holder or the regulator hold the same level of competence, qualifications and governance and this is what we should all be striving for.

Ian Abley

Technical Designer

6 年

Oh but hang on... BCA TGN 18 (2015) actually says: "Where a building has a storey 18m or more above ground level AD B2 recommends (for the entire wall area both below and above 18m) either the use of materials of limited combustibility for all key components or to submit evidence that the complete proposed external cladding system has been assessed according to the acceptance criteria in BR135 - Fire Performance of External Thermal Insulation for Walls of Multistorey Buildings. This guidance note outlines both procedures in more detail and addresses common misconceptions relating to combustibility and surface spreads of flame ratings." So if Building Control officers were reliant on BCA TGN 18 for "Desk Top Studies", they would have also read the False Assertion that Approved Document Part B Volume 2 required "... limited combustibility for all key components."? In which case they would have questioned the BBA certificates that routinely accepted Class 0 surface spread of flame for cladding. So Grenfell Tower's type of ACM cladding (along with every other Class 0 only construction product marketed under the Construction Product Regulations overseen by the Construction Product Association) would have been unacceptable after 2015.? That is if Building Control was following BCA TGN 18 with the blessing of the Building Control hierarchy. If?Building Control was not following BCA TGN 18 then no "Desk Top Study" substituting Class 0 claddings on BS 8414 tests and BR 135 assessments of Systems containing combustible insulation would have been accepted. They don't exist as a route to compliance in ADBv2. In which case they would have questioned the combustible insulation proposed without a?BS 8414 test and BR 135 assessment using the precise form of cladding accepted by the BBA as Class 0.? So even when it is not an authoritarian regime, state funded by taxing the construction industry without reference to specific projects, and knowledgeable because it has had the R&D to develop a body of published Building Science... Even when it is not that, the unity of the LABC and the Approved Inspectors that is the BCA should have been jumping up and down on 15 June 2017 to say that Grenfell Tower fire was a profound failure of Building Control processes. Instead the False Assertion invented by the BCA in Technical Guidance Note 18 has been turned into Footnote 4. of Advice Note 1. on 30 June 2017 by the DCLG, and repeated verbatim by Judith Hackitt. She is wrong. The BCA is wrong. The state does not take Building Control seriously. It is letting Building Control tear itself apart. https://www.dhirubhai.net/pulse/30-minutes-dame-judith-hackitt-approved-document-part-ian-abley/

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Ian Abley

Technical Designer

6 年

John. I was wondering when an Approved inspector would have the courage to write this. The soundbite "100% Hackitt" is idiotic. The Hackitt Review is only that - a review with recommendations. What happens next is a problem for state and industry to thrash out (and trying to get over Hackitt's False Assertion about the Approved Document Part B Volume 2 was merely a start). What is at stake is the VERACITY of the Building Control process. What are Building Control officers checking, regardless of whether they are LABC or an Approved Inspector? I think that question is behind your statement?"Grenfell could have happened to any of us." The LABC officers within Kensington and Chelsea have yet to account for what they actually did accept at Grenfell, and why (as far as I know). But suppose for the external wall all they did was try to follow the Approved Document Part B Volume 2 and BCA Technical Guidance Note 18. That used to be available here on the LABC website. It was written in 2014 and revised in 2015. https://www.labc.co.uk/sites/default/files/bca_guidance_note_18_use_of_combustible_cladding_materials_on_residential_buildings.pdf A. They were given a BBA Certificate for the cladding that said it was Class 0 surface spread of flame, and therefore in compliance with Diagram 40. B. They were shown a "Desk Top Study" that BCA TGN 18 allowed as a "route to compliance", even though there is no such thing as a "Desk Top Study" in Approved Document Part B Volume 2. That "Desk Top Study" cited a BS 8414 test and BR 135 assessment for a rainscreen system using a form of combustible insulation. It proposed substituting the as tested cladding with the one presented in A. as Class 0 and compliant with Diagram 40.? C. They were only looking at the wall on a building with a storey over 18m, and did not have the benefit of Advice Note 19. issued on 17 October 2018 that for the first time defined the Insulated Infill Panel in windows as part of the wall. So they were not looking for the combustibility of that insulation to be addressed in B. That might cover it for an ordinarily competent Building Control officer. They might have contacted the LABC hierarchy if uncertain. But since the LABC were fully supportive of BCA TGN 18 they might have obtained confidence that a "Desk Top Study" was reliable. Even Paul Everall might have said so. After all he has been around since BS 8414 tests and BR 135 assessments were initiated by Nick Raynsford. They were both at the Garnock Court Select Committee hearing sitting side by side giving evidence. So why does it in any way follow that Approved Inspection is flawed? Don't get me wrong. I would personally suggest that Approved Inspection is abolished along with the LABC and a state funded authoritarian regime of Building Control instituted that also has a Research and Development budget of some magnitude levied on turnover from across the construction industry, unrelated to specific projects, devoted to raising the Building Science behind Building Control. But that's a personal view. The truth is that ABC above is unfounded on any Building Science of "roll over", and trying to weasel "cladding" into Paragraph 12.7 as Footnote 4. of DCLG Advice Note 1. on 30 June 2017 is an evasion of the state's responsibilities. Having made the False Assertion, the state is now watching as the LABC and Approved Inspectorate fight it out for fees. James Brokenshire needs to end the False Assertion and the infighting by setting up Building Control on a fully funded, R&D backed, and authoritarian basis.? ? ?

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