Set out below are some of the limitations and most common misconceptions around what Building Control is responsible for.
1. Supervision
Building Control site inspections are not intended to provide a construction supervision service. The statutory notifications are there to ensure engagement with the Building Control Service at key stages in the work, to enable inspections to be carried out when deemed appropriate. This allows the contractor to have a Building Control Surveyor visit at key stages of the work and to provide some reassurance that works are progressing satisfactorily. Where work is found to be noncompliant, Building Control will advise the contractor at the earliest opportunity. If suitable remedial action is not undertaken, the Council will enforce the Building Regulations in line with its Enforcement Policy.
2. Providing design advice
This is not a function of the Building Control Service. Architects, designers, and engineers, among others, should be engaged to provide design advice. Care should be taken to appoint designers who have the appropriate experience and competence to undertake the work for which they are being engaged. If insufficient design information has been provided to allow the contractor to carry out the work, the designer should be approached for clarification. If the client has not engaged a designer, then they must either take that role on themselves or delegate it to someone else with suitable competence and experience to ensure that the design meets the requirements of the relevant Building Regulations. In certain small domestic schemes, where a Building Notice has been used rather than a Full Plans Application, an experienced, competent contractor may be able to work with the applicant to design a scheme that meets the client's approval and satisfies the requirements of Building Regulations.
3. Issuing instructions
It is not a function of the Building Control Service; its role is to assess proposals for compliance with the Building Regulations. If work is not deemed to be acceptable, the designer or the contractor shall come up with suitable remedial proposals for further assessment.
4. Guarantees
Building Control Passing of Plans, or the issuing of a Completion Certificate, does not provide a guarantee that every detail of the design, or every part of the work undertaken, satisfies all requirements of the Building Regulations or client expectations. It is not Building Control’s responsibility to ensure the client's, or designers', specification is met where it exceeds the minimum standard of the Building Regulations. Designers retain responsibility for the design, and contractors for the work constructed; any issues relating to these matters should be directed to them. With the complexity of designs and the overload of information often provided, it is impossible to ensure that every note and detail is 100% correct. Approved Plans are documents that have been assessed by Building Control and have been deemed adequate to allow work to be carried out that meets the functional requirements of the relevant Building Regulations.
5. Dispute Resolution
The resolution of disagreements over design specifications, or conflicts between parties, falls outside Building Control's remit. If relations break down between parties, the ultimate responsibility for ensuring that work complies with regulations sits with the applicant. Where stakeholders have disagreements, they must seek other avenues for dispute resolution, such as legal mediation, arbitration, or contractual negotiations.
6. If in doubt, contact your local Building Control Office for assistance or advice on the matter.
