RICS has recently contributed to a short learning exercise on building regulations carried out by the Better Regulation Executive (BRE) which is part of the UK Cabinet Office. The BRE has used the RICS document as the basis for an internal briefing on building regulations and has included the example we gave on paving slabs as part of a briefing for the Prime Minister.

The letter responds to a number of questions about the simplification of the building regulations and the flexibility of the building control system. We argue that although the construction of buildings is becoming increasingly complicated, and the building regulations must be equally sophisticated, they are still relatively straightforward.

Our main concerns are not about the building regulations themselves but about the Approved Documents which provide guidance on meeting the statutory requirements. We are concerned that the Approved Documents are becoming far too complicated in the drive to provide as comprehensive guidance as possible. That drive, laudable though it is in theory, has however lead to documents which are moving away from statutory guidance into best practice.
One of the key examples we use deals with the laying of paving slabs, and it is this example that has been included in the briefing to the Prime Minister:

Approved Document Part M.  Many of the “provisions” mentioned in this document appear to be beyond the legal requirement of “Reasonable provision shall be made for people to— (a) gain access to; and (b) use the building and its facilities.”

The provision for reasonable approach states that “the difference in level at joints between paving units is no greater than 5mm, with joints filled flush or, if recessed, no deeper than 5mm and no wider than 10mm or, if unfilled, no wider than 5mm”.

We believe that this level of detail is inappropriate for a document giving guidance on statutory compliance in a functional environment.  We would subsequently welcome wording more akin to 'concrete slabs should be reasonably level and be laid in such a way as to avoid tripping hazards'.

The full text of the letter can be downloaded from the Word Downloads box on the right of the page.