The Pitfalls Of Starting Your Build - PRIOR to Building Control Approval

Every now and then we are invited to work on a project where for various reasons the Client needs to push on with the project prior to obtaining building warrant approval. Some of you may know that the regulations in Scotland and England vary. In England a build is allowed to start on site as soon as the Warrant Application is lodged and the Building Control Surveyor then inspects and certifies the warrant as the built progresses. In Scotland however, we must obtain building warrant approval prior to starting or the Building Control Department can close the site.

I am writing this blogpost because we have been involved in a build where the Client needed to progress with the build prior to the warrant approval albeit that the warrant application had been lodged and was being processed. In ths particular scenario there was just no other option for the Client.

Professionally we have to say that it is important in Scotland to ensure that the warrant is approved prior to starting and ideally the Client should devise a works programme which allows the Design Team, Planning and Building Control Departments the opportunity to properly design and approve the necessary statutory approvals.

So what happens when you start prior to building warrant approval. Well invariably when you are a certain number of weeks into the project, we (your architect) get the warrant approval and then notify the Council that the build has started even although it started several weeks prior. Following this Building Control will inspect the works on site and then they have the right to insist on the destructive opening up of works so that they can inspect and ensure compliance with the approved drawings. This typically relates to e.g. structural works including foundations and steel or visual intrusive inspections to ensure that fire protection has been applied properly. This can be a very onerous and expensive process, which can be prohibitive in terms of time and programme at the end of the build.

So here's a tip. Always, always, always think twice before asking your design team to start on site prior to obtaining a warrant approval. We will ALWAYS advise you against this and guide you so.

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The RIBA/RIAS Must Take Building Control To Task

Are we the only Architects who feel that the Scottish Building Control Regulations are just too onerous? We have just been asked to provide a 1:5 detail of an intumescent collar in a garage roof!

We are constantly finding that the Building Control Regulations are more and more demanding with reference to the information that they can ask for. We have no issue whatsoever with issuing a full set of Construction Drawings to Building Control but this is outwith the 'Plan of Work'. Surely the RIBA and RIAS should remind the SBSA that Architects have a Stages of Work Plan (RIAS/RIBA Stages A-K). Our whole industry apparently conforms to this but not Planning & Building Control.

We think it is about high time that the RIBA/RIAS get more involved when the SBSA is writing policy or frankly the RIBA/RIAS may soon realise that it is Planning and Building Control who are calling the shots. It certainly seems close to this right now!

The back door is open at Building Control!

I have just completed a building warrant application for a lovely family for a simple extension on the side of their house. I wasn’t their first ‘Architect’ to receive a commission but I certainly got to the task at hand and rectified the initial ‘Architect’s glaring mistakes.

You see there are many ‘designers’ out there who are not qualified architects or qualified technicians and as such they do not have to register to a professional body. These ‘designers’ often have limited skill and knowledge but profess the world to their unsuspecting clients. Here’s the story.

The Client accepts a fee proposal for £1600+VAT for the ‘designer’ to prepare planning and building warrant drawings and then pays upfront including all planning and building warrant fees. After several months the client receives a set of drawings from the designer, which of course are not to their requirements and then begin the tortuous journey of trying to get the drawings changed whilst the designer ignores the Clients calls, emails and letters. Eventually the Client receives a set of drawings which are to their satisfaction and they instruct the designer to lodge the planning application. When the designer lodges the planning application the cheque bounces, much to the frustration of the Client who has paid the planning fee upfront. The Client, out of sheer frustration, directly pays another planning fee to the Council knowing fine well that the initial fee paid to the designer is lost. The designer then lodges a building warrant application using the planning drawings i.e. there is little technical information on the drawings and thereafter building control write to the Client with over 30 comments and observations on the drawings! What a pig’s ear!!! That’s where I stepped in.

The moral of the story or the important issue for discussion is simply that building control will happily request proof of competency from a structural engineer, gas engineer or an electrician but they do not expect the designer to have any professional qualifications.

I consider that the Scottish Planning & Building Control System should be changed such that only registered Architects (ARB) or registered Technologists (CIAT) be allowed to prepare application drawings and packages. As such all application will then be produced by professionals who belong to professional bodies.

It is not acceptable that the Planning & Building Control System will accept sub standard applications from designers, draughtsmen, ex building control officers, surveyors all of whom have a little knowhow of considering the complexities of design, construction, and delivery as a homogenous whole. I do believe that there are some out there who are good and committed to service but to date the most that we have found are only interested in taking the money and running.

Will the Scottish System be reviewed to insist on qualifications for those acting as the lead designer? I think that it should.

Kenneth Martin
Block Architects