Correct or not

[ban-all-sheds]

From the Building Regulations:

18 Testing of building work

The local authority may make such tests of any building work as may be necessary to establish whether it complies with regulation 7 or any of the applicable requirements contained in Schedule 1.

Regulation 7 says:

7 Materials and workmanship

Building work shall be carried out—

(a) with adequate and proper materials which—


(i) are appropriate for the circumstances in which they are used,

(ii) are adequately mixed or prepared, and

(iii) are applied, used or fixed so as adequately to perform the functions for which they are designed; and


(b) in a workmanlike manner.

Schedule 1 is where all the various requirements are listed, including P1 & P2.

So I guess strictly speaking the regulations do not require them to test, they just say they may.

However, the Building Regulations is not the only law that applies. There is also the Building Act 1984. I don't have a copy, so can't quote verbatim, but it gives LABCs the responsibility of ensuring that the regs are complied with.

Returning to the Building Regulations, P1 is as you say, but there is no definition of "reasonable provision", there is no mention of working to BS 7671 which would require testing, and, maybe tellingly, there is no electrical equivalent of Regulation 20A which explicitly requires people carrying out work to which paragraph E1 (Protection against sound from other parts of the building and adjoining buildings) applies to carry out tests themselves, and submit the results to LABC.

So the Building Act makes LABCs responsible for ensuring compliance, the Building Regulations say that they may carry out tests and do not say that the person doing the work must, and the ODPM say that LABCs must not insist that that the person doing the work provide test results.

It would seem pretty clear that if the LABC believe that tests are necessary to prove compliance they must carry them out, but it'll probably take a court case to make them behave.

 

[Mr Winston]

trigger happy

 

[Mr Winston]

From the Building Regulations:

18 Testing of building work

The local authority may make such tests of any building work as may be necessary to establish whether it complies with regulation 7 or any of the applicable requirements contained in Schedule 1.

This gives the LA the authority to carry out tests on the building work. It is likely to be used to allow the authority to show that works are unacceptable (e.g testing concrete strength in a slab if it is thought to be an unsuitable mix)to support any prosecution.

Testing work tends to be carried out by the person doing the work to show compliance (e.g. drains tests, ground bearing pressure tests, air leakage tests, sound tests - even benchmark certs could be included as the appliance is tested after installation)

Returning to the Building Regulations, P1 is as you say, but there is no definition of "reasonable provision", there is no mention of working to BS 7671 which would require testing

The onus is on the person doing the work to show that the work they carry out complies with the Building Regs, the LA will provide certification for works if they can reasonably ascertain that the works are so. If sufficient information isnt provided then the LA wont tend to issue a certificate but they may not have reason to believe that the works don't comply and so may not take legal action if faults cannot be identified.

Just as following the Approved Documents, following BS7671 is one way to show that the work complies (but as all BS's have a statement along the lines that 'compliance with a British Standard does not in itself confer immunity from legal obligations') there must be other ways - and as the vicar says 'if anyone here present knows of any, please speak now'.

If i wrong correct me but isn't it BS7671 that calls for testing of electrical works?

It would seem pretty clear that if the LABC believe that tests are necessary to prove compliance they must carry them out, but it'll probably take a court case to make them behave.

A court case would be welcomed by many in order to clarify the current situation - any volunteers? (baggsy not me )


Oh and if it did turn out that LA's had to do the testing i would expect a sudden hike in fees to cover such costs.

How long would it reasonably take to test say a 3 bed house?

could it reasonably be done for the £50-£100 fees many labc's are charging (there are some that charge circa £250 who state that they will carryout the testing - this is probably a more realistic cost i would guess)

anyone care to make an educated guess - cos thats what the LA's are likely to charge - or more if it fails first time and needs a retest! (in theory it could go on for ages - 10 failed tests )