Terms of Reference issued for Building Control Independent Panel

The two questions are whether it’s in the public interest for Building Control functions to be performed by those who have a commercial interest in the process and whether all Building Control functions should be performed by a national authority.

Working with the MHCLG, the Building Safety Regulator and stakeholders, the Advisory Panel will gather evidence on the prevalence and impact of the conflicts of interest and capacity pressures impacting the Building Control system in England. These issues were identified by the Grenfell Tower Inquiry as reasons for Building Control failures in the run-up to the fire. This work will consider conflicts and capacity in both the private sector and local authority Building Control sectors, looking to establish whether these are still present and what options could be taken to address them.  

The Advisory Panel has been asked to explore a wider range of questions than those suggested by the Public Inquiry. They will consider different Building Control decision models based on an assessment of risks in the built environment. The Advisory Panel will consider the evidence to reach a view on what level of Building Control oversight and supervision is appropriate for different types of buildings and building work, focusing on what’s proportionate and deliverable and over what timeframes.

Further, the Advisory Panel will consider what existing powers are available in the Building Safety Act 2022, the Building Act 1984 and regulations in order to address issues before looking at whether new powers are needed.

Noting that commercial interest and duty holder choice has already been removed for buildings defined as higher risk, the Advisory Panel will consider whether similar changes should/could apply to other parts of the built environment. It will consider whether it may be possible to retain choice for customers, for example with additional safeguards and checks in place, while increasing reassurance in more of the decisions being taken. It’s recognised that, within this model, a greater level of oversight, inspection and enforcement at either the regulator or local authority level may be a necessary outcome. If so, the Advisory Panel will consider and advise on transition.

Developing advice and analysis

In developing advice and analysis, the Advisory Panel will consider how the Building Control system can support the Government’s commitment to deliver 1.5 million new safe homes across this Parliament and beyond.

In doing this, it will consider the opportunities presented by the Grenfell Tower Inquiry Panel’s recommendations for a single construction regulator alongside a chief construction advisor and how these might operate alongside the delivery of a core Building Control function (for example, in combined local authorities sharing services and resources).

The Advisory Panel has been asked to consider interdependencies with several building safety policy workstreams identified as emerging priorities. The Advisory Panel will work with the MHCLG and Building Safety Regulator officials and stakeholders alike to determine the core themes emerging under these workstreams in order to inform review options and recommendations.

The interdependencies identified are as follows: 

*ensuring the Building Control workforce is competent and has capacity to deliver what’s required both now and into the future

*addressing concerns about local authority Building Control bodies, registered building control approvers and Competent Persons Scheme performance issues and whether further regulatory protections are necessary to address conflicts of interest

*in addressing any issues, whether opportunities are provided by Grenfell Tower Inquiry recommendations for a single construction regulator and construction advisor

*proposals to reform the technical parts of the Building Regulations and ensuring the skills exist in the Building Control inspector workforce to support these

*the benefits that are available through better data/digitisation and sharing of services, including how that information is shared with the Building Safety Regulator or Government

*opportunities for reform of the Building Regulations 2010 and the Building (Local Authority Charges) Regulations 2010

*considering the relationship between Building Control and warranty schemes and whether intervention or reform is needed

Initial assessment

The Advisory Panel will publish its initial assessment of the problem and ask for evidence and views from identified stakeholders to support a further. The Advisory Panel aims to submit a response to the MHCLG later this year. As the Advisory Panel is independent, the intention is to publish its review alongside the MHCLG response.

In order to develop the review and recommendations, the Advisory Panel will:  

*engage with central Government, local Government and external stakeholders 

*commission work from the Secretariat and external parties (via MHCLG officials) 

*critically assess the products/reports/returns from commissioned work 

*consider the evidence of impacts on groups with protected characteristics