Building (Procedure) (Scotland) Amendment Regulations 2024

Currently, Building Warrant process aimed at verification of design of homes to approved standard does not allow for any element of Building Performance Evaluation in line with BS40101:2022. Therefore, there is little to no independent, empirical evidence of new-build homes meeting or not current environmental and energy requirements in operation. Current methodology within the legislative system concludes at completion of construction work. It does not mandate independent certification, post completion evaluation nor rectification of performance shortfalls in operation.

Introduction of energy and environmental design and construction statement should be embedded into the detailed guidance of the Technical Standards. In order to be effective and demonstrate performance of buildings in operation, closing the performance gaps and allowing adequate rectification of issues arising from user behaviour and construction related factors, the standard needs to mandate sufficient Building Performance Evaluation (BPE) that aligns with the requirements of BS40101:2022 in an occupied building.
Completion of construction and evaluation of occupied building are two distinctive steps in verification of performance (modelled vs. measured) required to rectify issues and ensure compliance, closing performance gaps.
The construction phase assessment cannot be simply a desk based statement, but has to take into account measured data as well as in use customer feedback.

With sufficient, detailed guidance in the Technical Handbook, the verification of performance through design and construction statements should not have significant impact on cost and timescales of the projects. The process could be subject to impartial certification similar to the Approved Certificate of Design and Construction.

The primary impact of the improved regulations inclusive of Building Performance Evaluation (BPE) would allow for improvement in current performance gaps prioritising long term interest of the occupants. It would not only allow for realistic predictions in energy demand and carbon reductions but also inform improvements associated with less tangible indicators of health and wellbeing. Although the latter cannot be mandated through regulations, it could be an indirect effect of the amended regulations.
There is sufficient evidence demonstrating the benefits of independent post occupancy evaluation on potential in optimising performance and addressing user behaviour factors.

If the role was to be undertaken by the verified certifier of Design/ Construction, building standards teams would merely require basic and expected level of upskilling reflective of any such legislative change.
Independent certification by Quality Assured scheme providers (that could be linked to relevant Accreditation Bodies) could allow for introduction of two staged process, at completion and within adequate time of occupancy by undertaking Building Performance Evaluation aligned to BS40101:2022 using test data as well as user experience feedback. The process would minimise required resources from the building standards teams within the local authorities.

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