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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Social Media and the Block Podcast

I just thought I would drop a quick Blogpost regarding the newest PR and marketing drive, the block podcast. It goes without saying that everyone is trying something new in order to differentiate themselves in the marketplace. I have always tried to do this through various initiatives.

Last week the block podcast No 2 was in iTunes top 200 downloads so of course I am delighted. The feedback has been immense with loads of interest in the guest speaker slots. If you are interested in coming onto the podcast please do contact us.

You can also follow the podcast on twitter with #blockpodcast.

Finally, I am happy to receive discussion topics via email Hamilton@blockarchitects.co.uk

Here's to the future success of the podcast.

Play the podcast here:

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Is The RIBA 'Stage Work Plan' Dead?

Right. I've just sat down with a wee Drambuie and Ice (a large one actually) in order to vent my frustrations on my blog.

I've been in the Architecture Business for over 10 years and in this short time I've seen many changes to the planning and warrant process to the extent that I now question the relevance of the Stage Work Plan.

Most of you will remember that the Stage Work Plan is a longstanding adopted framework by which Architects, The Design Team and typically the Construction Industry follow. It made a build a relatively easy 'process' with a known route and path to procurement.

I've noticed largely since establishing block architects that both planning and building authorities have really demanded too much information and all of it seems out of keeping with the Stage Work Plan.

Let me explain with a few recent examples, which in every way are only the tip of the ice berg.

We have recently been asked by Fife Council to add to our Site Location Plans the OS License Code BEFORE they will validate the application. Why is it the Council's remit to police such issues? They have delayed the registration of my Client's Application for something which is NOT a Planning Matter.

We are constantly asked on larger developments by Planners for full SUDS drainage designs. Why is this a Planning Matter? Surely the Stage Work Plan allows for this detail design during the Building Warrant or even Production Stages.

South Lanarkshire Council are undertaking a pilot scheme where we will need to provide coal reports for certain developments at the Planning Stage! This is an engineering matter usually undertaken by our engineers prior to warrant application!

Do you see where I am going with this? The information requirements are being brought forward by Planning Authorities and is out of keeping with the Stage Work Plan ultimately meaning that Our CLients are paying Much More and accepting a higher risk just to get through the Planning Stage. It's also getting much more difficult for us Architects to prepare and stick with fees as more and more information is being asked for up front at the Planning Stage!

Similarly Building Control are not much better! I am sure that all Architects will agree that other than window, door and finishes schedules we are now submitting 'Prodcution Drawings' for Building Warrant Application. It's impossible to advance a desigm to Production Stage without Planning and Building Control jumping on the design team demanding an amendment to the previously submitted applications. Architects are being choked by Planning and Building Control.

I for one would like the RIBA and RIAS to re-examine the Stage Work Plan or to redefine it so that it is in line with Planning and Building Control. Right now it's just a distant memory of little relevance to the industry!

#Ask The Architect - Why Client's Should Perhaps Stay Away From Site

I want to write a short post about a recent case which actually went to Court. Needless to say my Client won, which I am delighted about but there were some important lessons to be told.

Yes, the topic is whether or not Client's should be allowed on site. Now I'm not suggesting that they should be restricted from site however the dangers lurk when they give verbal direction, arguably instruction, without the architect being made aware and without the contractor/sub contractor seeking fromal instruction from the architect.

Here's the scenario. blockarchitects were overhauling a small commercial unit, where the client wanted to provide two commercial units on the ground floor and a new 2bed flat on the upper floor. As the contract administrators we set up a formal contract between ourselves and a main contractor. Towards the end of the build we terminated the main contractor's contract...and here's where it gets interesting. A sub contractor, after having submitted invoices to the main contractor never got paid for plumbing works. So what did he decide to do? Yes, he decided to persue a payment direct from the Client and his whole case hinged on trying to establish that he was never contracted by the main contractor and that he 'thought' that the Client was paying him direct!

So what has this got to do with the Client being on site? Well, the Client operated his business from a portakabing 10m from the site so obviously was at close becon call for all and any trades persons to query and or seek clarification. The Client was happy to give such direction ie clarification on socket/radiator/plumbing positions etc and at the end of the day it was in his interest to do so particularly when the main contractor was not performing.

This you see though is where the problems occur because the traditional methods of instructing works through the Architect is depleted. 1. because the main contractor is not performing his duties to seek the Architect's instructions and clarification on Client direction AND 2. the Client is not confirming his on site direction to the Architect.

In my opinion this exacerbates the problem of clear communication lines but also and astoundingly the Sub Contractor in court then decided to argue that as the Client was providing verbal clarifications on site to the Sub Contractor and that little communication was provided by the Main Contractor that this meant that the Sub Contractor was not party to the Main Contract and as such should be paid directly by the Client.

The court hearing was about 9-10 mths ago and I am pleased to say that the Court recently found in favour of my Client. As a court wittness I stated in court that I was 'bamboozled' that the sub-contractor thought it possible to seek payment direct from the Client particularly considering that he had previously invoiced the Main Contractor. Apparently my bewilderment was a large factor in The Court's decision.

On a personal note when I actually was informed by the Client that a personal invoice was raised against him I was indeed bamboozled and somewhat surprised bordering on shock. It was just simply unthinkable, in my opinion, that the sub contractor had a justifiable claim for payment.

So what are the lessons:-

Ultimately we would advise all Clients to proceed cautiously with their proximity to site as they can often get dragged into site discussions without understanding the potential liability of any discussion and or decisions they make on site.

Contractors should always seek written instructions from the Architect following any verbal direction on site by the Client.

Ideally, Clients should only attend site in the presence of their Architect.

#Ask The Architect - Why Do Scottish Houses Have So Little Storage Space?

Here's one of the questions I received for Ask The Architect. Right or wrong my comedian friend, Mr Scoular suggested to me that women are the main decision maker in choosing the home and love cupboards. Well in my many many FREE Consultations I have to say that I have not found this to be the case.

Anyway, it is true that storage in a house is not always a high priority particularly in modern houses. I will come back to this point as I don't think that storage generally, even in old houses, was ever a priority.

At block architects my team have for the last 6 years designed dozens of new builds and assisted 100's of client's with home alterations and rennovations so I have seen many house types of various ages. None of them in my opinion have ample storage.

Let's tot it up. In an ideal world each house would have 1sq.m cloak at the front door, and at least another 2sq.m on the ground floor for crap to be stored in (if it's anything like my house). Then on the upper floor we would love 2sq,m per bedroom and a few sq.m off the top landing for linen and this doesn't include the cupboard with the huge water storage tank in it. Now, let's say that in a fairly standard 3 bed home that we would like 8-10sq.m additional storage. That's a staggering £8,000 onto the build cost based on £1,000sq.m and yes you will pay that for a cupboard. And yes that's the reason why people and developers do not add more storage into the build. Simply because people and the market will not pay for it. Think about it. Would you rather have 8.sq.m of storage space which adds little value to the property or would you prefer a 4th bedroom at 8sq.m? It's a no brainer really isn't it.

Now onto the issue of older properties having plenty of storage. Well there is perhaps an argument to accept that older properties with thicker walls had spaces build in the walls ie either side of a chimney, however many people forget that historically dwellings were occupied by a whole family ie kids, parents, grand parents and maybe an aunt or uncle. When you imagine the density of people in one dwelling there wasn't really that much storage space.

What I would suggest is that if you want a house designed from scratch that block architects can and will design storage to your needs but remember, someone has to pay for it!

Ask The Architect - What To Do When My Planning Approval Runs Out?

Following on from yesterday's post, I was asked: ''What To Do When My Planning Approval Runs Out?''

In essence any Planning Approval should last for 3 years from the date of approval. I have been told in confidence that so long as the site has started ie drainage and foundations the Council will honour the Approval indefinitely however if no works have been started on site then you will need to re-apply for Planning Permission.

Oh, and don't expect that you will necessarily get a renewed planning approval for something too easily. It may well be the case that planning policy has changed from your original application and as such the new policies may restrict development or infact rule it out.

For more information on Planning Approvals contact us at our official webpage.

Ask The Architect - What Do I Do When My Building Warrant Runs Out?

(Image Left - Typical EPC Certificate)

Every Day I get asked a question relating to the industry so I thought I would post these as a regular thing. Mind you I have no intention of doing this daily!

I was asked by a Client who deals with relatively large scale projects: 'What Do I Do When My Building Warrant Runs Out?'

Well it largely depends on what the Warrant Approval was for however, in short you would typically get 3 years after the date of Approval of the Warrant to have the project completed and signed of by Building Control. You can get an extension to this 3 year period through a formal application but in fairness most people tend to miss the deadline. In these circumstances it's important to reappraise the project.

I did this recently for the Client that I mentioned earlier. They got Warrant Approval for 28 flats and 3 years later and in particular with the down turn in the market they never built out the flats. Now with the flatted developments the noise and insulation requirements have largely changed becoming more onerous in their requirements (this said onerous is obviously better for the end user). I advised the Client that we could reapply for a new warrant using largely the information already submitted and approved by building control and that we would need to supplement the package with Energy Performance Certificates. (EPC's). An EPC is a computer calculation which assesses the carbon footprint of each individual flat and is issued positioned within the flat so that a surveyor has an indication of the Carbon Rating of the Flat.

So there you have it. If you need advice on renewing a Warrant Application contact us at our official webpage