Is it safe? A building design in Scotland will now have to be approved by a certifier of design, not the creator of the design. Dr Jeremy Grant explains
Attention developers, architects and engineers working in Scotland: the Building (Scotland) Act 2003 has been enforceable since 1 May. With this modernisation of the Scottish building standards system, the legal landscape changes.
Architects and engineers elswhere should also take note because the new Scottish model is expected to extend to England and Wales. The legislation ends the self-certification system for structural design in Scotland. Instead, the Act allows Scottish ministers to empower suitably qualified design professionals as certifiers of design. The first such approval has been given on structural design to the newly formed Structural Engineers Registration (SER).
To comply with the previous Scottish system of building regulations, designers or engineers worked within technical standards set by the Scottish Executive. Plans and supporting documentation were then submitted to the local authority which, on approval, issued a building warrant ahead of construction.
Self-certification ceases
A significant amendment to the technical standards in 1992 allowed self-certification of structural design of buildings, a major departure from the procedure of councila checking structural aspects of design prior to issuing a building warrant. The changes allowed any chartered civil or structural engineer to sign a certificate stating that they had personally designed the structure or supervised preparation of the design. Self-certification for building structures has been normal procedure since.
However, the self-certification regulations were considered a weakness because they place no obligation on the person signing the certificate to actually have direct experience in building design. The sole qualifying criterion for self-certification is membership of the Institution of Structural Engineers (IStructE) or the Institution of Civil Engineers (ICE). Although a competent chartered engineer should not sign such a certificate without appropriate experience and knowledge, there is still a risk that inappropriately signed certificates still find their way into the system. These could pose serious safety concerns unless they are checked by a third party, which was not mandatory under the old regulations.
The new scheme provides a more robust and accountable system. The Certification of Design (Building Structures) works on the principle that suitably qualified and experienced building professionals can accept responsibility for ensuring compliance with building regulations. Established through a joint initiative by IStructE and ICE, SER will administer and operate the scheme, which will be audited annually by the Scottish Building Standards Agency (SBSA).
SER will certify design work in compliance with the Building (Scotland) Regulations 2004 standards 1.1 and 1.2 of Schedule 5, which relate to the structural performance of buildings. Certification does not apply to regulation 10 (demolition) but does refer to regulations 9 (construction), 11 (service, fitting or equipment) and 12 (conversions).
The new certifier role is wide ranging. It does not simply represent a rebranding of the self-certificated design certificate. The new certifier has additional responsibilities. Note that it is the “building” that is being certified, rather than only primary load-bearing structural elements. Works covered by the certifier will include contractor-designed elements.
Certifiers must have adequate support from their employing firm who, in turn, must be members of the scheme by qualifying as a registered approved body. Each approved body must have a checking procedure to assure quality of certification services, hold adequate professional indemnity cover for every project certified and demonstrate a commitment to providing information and training for the certifiers of design in the firm’s employment.
Membership for individuals as certifiers of design is restricted to chartered members of IStructE or ICE who have a minimum, typically, of five years’ post-chartership relevant experience of the design of building structures.
The certifier of design is responsible for undertaking all enquiries necessary to satisfy themselves that works covered by the certificate comply with building regulations. For example, when components are designed by others, the certifier must ensure that products are properly specified and of appropriate quality. The certifier cannot rely on “design certificates” produced by other designers to relieve them of their responsibilities for checking adequacy of design.
The certifier must keep an auditable log of all projects that are certified, to demonstrate compliance. Each individual will be audited at least once every five years by SER-appointed auditors, and each will face criminal prosecution in the event of reckless certification.
Everything except two-storey houses
All work (with exception of alterations to single-occupancy houses up to two storeys) must be independently checked. Sole practitioners need to enter into an agreement with another firm for checking their designs, or should approach an approved body for the provision of certification services. A single certifier has overall responsibility of the building structure for the whole of any warrant application wherever practicable.
Only completed work that complies with the regulations can be certified. It is not permissible to certify that the design, when completed, will comply with the regulations. Signing a certificate for work not completed would be negligent and could lead to prosecution of the individual. As a result, a requirement for more staged warrant applications are anticipated under this new system.
It will still be possible to submit uncertified designs to the local authority (the 32 Scottish local authorities are appointed, until 2007, as verifiers under the new system) for checking. However, this process will take longer than a certified design, because the local authority carries out no further checking of a certified design other than the scope of the certificate, and that registration of the person signing the certificate was valid at date of signing.
Dr Jeremy Grant is an associate director of Edinburgh-based Faber Maunsell
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Certification: the main points |
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●Current self-certification structural design certificates ceased to be effective on 1 May this year. ●Certifiers of design registered with SER and working for an approved body are now able to certify design as complying with building regulations. ●The scope of this certificate is likely to impose additional duties on the certifier compared to that of structural engineer as it extends to the overall building, not just primary load-bearing elements. ●The robust and accountable system is run by professionally qualified people and reputable firms operating a system of careful checking. ●Certificates can only be issued on completed work, which are likely to result in more staged warrants. ●It is still possible to submit calculations for checking by the local authority, but this is now a more lengthy process compared to the new system, where the local authority only verifies the accuracy of the certificate and registration details. |
