Building Safety Act: How does the new regime affect architects who specialise in domestic projects?
The new regulatory regime for the landmark Building Safety Act (BSA) comes into force on 1 October 2023 and will apply to all projects subject to Building Regulations apart from some excluded minor works. Some small practices whose work is limited to domestic projects (as well as small projects) had assumed that the act would not materially affect the way they work, as they have no involvement with ‘higher-risk buildings’ that will be subject to a number of new regulatory obligations, such as gateway approvals by the new Building Safety Regulator. This is not the case.
New dutyholder roles for clients, designers, Principal Designers, contractors and Principal Contractors – including a requirement that designers should be competent to take on any design work they are contracted to deliver – will apply to domestic projects as well. This means that all practices have to prepare for the new regime that arrives, at the time of writing, in two weeks’ time.
The new regime will apply to all projects subject to Building Regulations apart from some excluded minor works. (Photo: RIBA/iStock Photo).
Why aren’t we all talking about this?
Can someone tell what we should be doing about this?
home office/studio
Home offices.
The home office or garden escape is the modern replacement to the summerhouse, but it’s a whole lot more these days, gone are the Lloyd loom chairs and the dusty old cushions, the new summerhouses are cool. We see glossy ‘ads’ for gym’s, hot tubs, saunas, home cinemas and recording studios, artists’ studios or workshops and hobby spaces.
The garden room is here and it’s a great way to create more space.
Planning
Do you need planning consent for a home office or garden lodge?
Generally no.
This sort of development is usually deemed ‘Permitted development’ in the same way as a garden sheds, greenhouses, tennis courts, swimming pools or pet shelters are.
Be careful, a structure to close to boundary (within 2metres) or two high, (4metres being the maximum), will require an application.
If more than half the area of your garden would be occupied by the new building then you would need to apply for planning consent.
Also you would need planning consent if the new building was nearer the road than any existing part of the house.
If your house were listed you would require Listed building consent, also if you live in a conservation area you will need to apply.
A new building in your garden with a volume of 50cubic metres or more, 5m from your house are deemed to be an extension, not an independent building and would therefore require planning consent.
Permitted development rights may not exist, or may have been withdrawn by the local authority, check with your council if you are in any doubt.
You need to enquire if there are any restrictive covenants on the property, your solicitor will be able to help you, and it may be that your house was sold with a covenant that stated you could not add or extend with any structure without applying to the issuer of the covenant.
So you must check before commissioning your new garden structure, often this can be as simple as a telephone call to your local council.
Green offices.
How green is your shed?
It seems the whole building industry has some new claim to being ‘green’, I don’t agree, the industry is along way from green, but moving that way.
The garden shed and home office are much greener structures than most other structures. This is due to the fact they do not require foundations. They sit on blocks or small piers and do not require a mass dig or concrete pour.
They are generally built of timber, though tin sheets or glass walls are not unusual.
Doors and windows are important features as the cost and quality of these will have a huge bearing on the budget.
Double glazing and high levels of insulation accompanied with a power supply make for a very useful and attractive space.
Grass roofs or Sedum blankets are now common on these low impact structures
Construction.
Timber buildings with felt roofs are cabin like. Flat roofs give a modern twist to the shed idea, and keep the height down, think of your neighbours. These buildings are lightweight and simply, and speedily erected. The trauma or upheaval compared to say, a loft conversion is minimal, and often a better space can be created.
Chose your garden structure carefully as there are no real standards or rules that apply, like buying a shed the building regulations are not involved, being fit for purpose is also fit for use! Don’t make a library out of it unless you have calculated the loadings, you will need a structural engineer to help you. Write a check list of what you need form you garden room, it might be space with light to paint by, or lots of door and windows so you can open them if it s going to be a home gym.
Timber cladding materials like Western red Cedar or Eastern White Cedar are popular. Larch, Oak or just softwood all work very well. The more avant-garde self-builders use ‘funky’ materials like black corrugated sheets, polycarbonate and Acrylic panels, stainless steels and lead can also be used.
Insulation and Power.
It’s these two factors that really distinguish the home office from the shed. Insulation levels need to be as good or better than your house. This means walls will have a minimum thickness of 150mm, there are various types of insulation; foam board, polystyrene, mineral wool, sheep wool insulation or even recycled newsprint, All these are thermally efficient some are greener than others and some are more hazardous or at least very itchy! Some types emit formaldehyde as they age, I advise choosing the most natural product you can, so sheep’s wool or recycled paper is a good option.
Power.
A power supply or a sub-main in the new garden structure will ensure you can work rest or play 24/7. If the building is constructed to a reasonable standard heating costs will be affordable, assuming you use electric, don’t install wood burners or other heat sources that emit fumes, as the Building regulations apply and you will need to adhere to them. You will need a qualified electrician to execute this installation, it will also involve a trench and a conduit to run the steel wired armoured cable (SWA) through, this should be at 600mm deep, to avoid the keen gardener’s spade! The power aspect does stray into the Building regulations and a Part P qualified electrician will need to produce the required certificates to satisfy the local authority that the installation has been done correctly.
Once the summerhouse was a place to listen to granny reminisce or to play tea parties in, now you can watch a film, log on, work out or listen to your granny reminisce.
barn conversions & class q
This is a Class Q. In fact it’s one of four on this site.
How do I get a barn that looks like this…read on.
In 2014, a permitted development right known as Class Q was introduced to planning policy in England to allow for residential conversion of agricultural buildings via ‘prior approval’.
Prior approval is a planning application to establish you don’t need a planning application. It’s a shortened or abridged version.
Class Q is a way to convert redundant agricultural buildings to houses.
The class Q rules aren’t very clear, and each planning authority has their own interpretation of them. There are now various legal cases that have challenges these varying interpretations.
The policy is restrictive, if it wasn’t every barn would be converted to a house in no time at all.
This can sometimes give rise to ill-conceived conversions, that whilst permissible can be of little architectural merit - especially considering many prior approval Class Q applications do not involve the rigorous design process associated with a typical full planning application.
In short, there are both good Class Q conversions, and bad. With our experience as a practice, we can advise on where the potential lies, and how to best embrace the agricultural qualities of the building.
The policy was overhauled in 2018, and currently, the key things to be aware of are:
· The site must have been used for agricultural purposes on the 20th March 2013 (or it can be proven it was in use before that date, but not used since).
· If built or brought into use on/after 20 March 2013, it needs to have been in agricultural use for 10 years.
· Your are allowed up to 3 larger dwellings (>100 sqm, but the cumulative total cannot exceed 465 sqm), or up to 5 smaller dwellings (<100 sqm). The maximum total of dwellings permitted is 5. The hypothetical maximum floor space (including new mezzanine floors) is 865 sqm (1 large dwelling + 4 small dwellings).
· An agricultural tenancy of the site cannot have been terminated within 1 year of the prior approval application, and for the purpose of Class Q, unless there is prior agreement between landlord and tenant that the site is no longer required for agricultural use.
· The building(s) cannot be extended in any way, though an independent first floor mezzanine may be constructed.
· The building must be structurally suitable for conversion without new or reinforcing structure.
· Partial demolition may be permitted.
· Works to install or replace windows, doors, roofs, or exterior walls, or water, drainage, electricity, gas or other services are permitted to allow for the building to function as a house(s)
· Class Q does not apply on article 2(3) land. National Parks, ANOB, Conservation areas and other designated parcels of land, like a world heritage site or historic parkland area.
· Additional to the above points which constitute policy Q1, the prior approval also requires consideration of Q2 relating to transport and highways impacts of the development, noise impacts of the development, contamination risks on the site, flooding risks on the site, whether the location or siting of the building makes it otherwise impractical or undesirable and the design or external appearance of the building.
The interpretation of the rules and the statue by local planning authority can vary, with regards to the distinction between ‘conversion’ and ‘rebuilding’. It is important to design the scheme in such a way that the existing structure and external envelope does not need to be substantively rebuilt and is capable of fulfilling use a dwelling with only alterations to the building elements mentioned in the list above. Internal works are not typically considered as ‘development’ and are therefore less restricted. So, whilst it is entirely practical, it is challenging to achieve a design that is of significant architectural merit, particularly with regards to the external appearance.
We can help you with this.
For those with a qualifying Class Q building but realising an ugly pig fattening unit will still be an ugly Pig fattening unit when converted…..the case of Mansell v Tonbridge And Malling Borough Council [2017], paves the way for ‘betterment’. This is a ‘fall back’ argument. A decent house or houses are better than a poor conversion with zero architectural merit.
The image at the top of the page is a one of four houses under Class Q ‘betterment consent’.
If you need advice help and are looking for an architect for a Class Q barn conversion get in touch.
Swallow heights, morchard road, mid devon, on site now.