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The International Building Quality Centre (IBQC) released guidelines called “Principles for Good Practice Building Regulation” on April 30, 2021. This summary highlights the key tenets from those guidelines. The full guidelines are available through the attached link.

These guidelines were developed by a group of international experts in law, academia, engineering, and civil service, all of whom were inaugural IBQC Board members at the time. They are as relevant now as they were when they were drafted. They stress the importance of creating building regulations that ensure public safety, are efficient, and encourage innovation.

Good building regulations should achieve three main goals: public safety, regulatory efficiency, and support for innovation. If regulations are too complicated or inefficient, they may cause building practitioners to cut corners to save time and money leading to compromised construction outcomes. New building technologies can sometimes offer safer, cheaper, and better solutions. If regulations don’t allow for these innovations, they can become outdated. Therefore, good building regulations need to be safe, efficient, and supportive of new ideas.

Implementing the IBQC guidelines requires considering local circumstances, including:

• Whether the country or area can pass the necessary laws and set up institutions to support these principles.
• Whether the construction industry can meet these regulations and continue to improve its standards.

Sometimes, a step-by-step approach will work best.

PRINCIPLES

1. Avoid Fragmentation and Inconsistency in Legislative Schemes
   • Avoid having multiple laws and regulations that overlap or conflict.
   • Ideally have one overarching building act, one set of building regulations, and one uniform technical building code.
   • Ensure all government departments work under the same policies and cooperate effectively.
   • Harmonize laws across different regions in the same country to avoid confusion and extra costs.
   • Minimize the number of ministers responsible for different parts of building regulation to ensure consistency.
   • Best practice is a responsible minister for builder regulation, where a senior servant presides over a dedicated building control state agency or ministry.
2. Provision for a Single Technical Code or Standard
   • Have one clear set of technical rules embodied in a uniform technical code.
   • Continuously update these standards with input from industry experts, academics, and government officials.
   • Fund research to support these technical standards and codes.
3. Coherent Framework for Administration and Enforcement
   • Ensure government bodies have the power to audit, investigate, and enforce regulations.
   • Provide adequate funding for enforcement, possibly through a self-funding model.
   • Use fair, swift, and competent processes to handle non-compliance.
   • Impose penalties for breaking the rules, including fines or criminal charges when necessary.
4. Provisions for Building Product Safety
   • Establish an authority to oversee and enforce building product safety.
   • Implement a mandatory certification system for certain products, managed by accredited bodies.
   • Publish all certification results, including failures.
5. Competency and Accountability Framework for Duty Holders
   • Set regulated standards and licensing for all key roles in construction, including designers, builders, and inspectors.
   • Ensure accessible and high-quality education and training.
   • Have a government body oversee the licensing of professionals, based on input from industry experts.
   • Regularly audit professionals, handle complaints, and maintain high standards for qualifications and experience.
6. Mandatory Statutory Process for Building Approvals
   • Have a clear process for approving building plans, managed by a competent authority.
   • Address potential conflicts of interest and ensure ethical conduct.
   • Ensure all plans meet strict codified safety standards.
7. Rigorous Inspections by Skilled Practitioners
   • Require mandatory inspections at key stages of construction, based on risk.
   • Keep detailed records of inspections and enforce compliance with the rules.
   • Conduct a thorough review of inspection outcomes.
8. Final Approval of Completed Works
   • Require a final inspection by all relevant professionals, including safety experts.
   • Store all final approval documents in a secure, accessible database that is publicly available.
9. Actions and Orders for Public Safety
   • Legislate to allow government officials to intervene when buildings or construction sites pose a danger.
   • Empower officials to carry out emergency work and recover costs.
   • Impose ‘right-weight’ penalties for non-compliance and provide a right to appeal decisions.
10. Efficient Dispute Resolution and Adequate Insurance Provision
    • Make sure all construction work is covered by adequate insurance, including during the building process.
    • Require professionals and contractors to have insurance for potential claims of negligence.
    • Clearly define the time limits for making claims and ensure insurance covers these periods.
    • Decide how liability should be shared among the different parties involved in construction.
    • Provide quick and effective ways to resolve disputes, with specialized courts if necessary.

CONCLUSION

The IBQC’s guidelines offer a comprehensive approach to improving building regulations. By following these principles, countries can create systems that better ensure safety, promote efficiency, and encourage innovation in construction. The guidelines call for a unified approach to legislation, clear technical standards, effective administration, and strong safety measures. They also emphasize the importance of education, thorough inspections, and adequate insurance.

Implementing these guidelines will depend on local conditions and may require a phased approach. For more details, you can access the full guidelines for building regulation hyperlinked above.

THE AUTHORS OF THE IBQC GUIDELINES

• Adjunct Professor Kim Lovegrove, RML, MSE: Inaugural Board Chair, current Board Chair
• Dame Judith Hackitt, Chair of Make UK, Inaugural Board Member
• Professor Charles Lemckert, Inaugural Board Deputy Chair, current Board Deputy Chair, Professor of Engineering and Discipline Chair of Engineering and Information Technology
• Adjunct Professor Robert Whittaker AM, FRSN, FAIB: Inaugural Board Member, current Board Deputy Chair, admitted as a Member of the Order of Australia
• Mr.Neil Savery, Inaugural Board Member, current Board Deputy Chair, Managing Director, ICC Oceania
• Mr. Michael de Lint, MA, PLE: Director of Regulatory Reform and Technical Standards, RESCON
• Mr. Alejandro Espinosa-Wang: Inaugural Board Chair, Senior Private Sector Specialist, The World Bank
• Professor José Torero FRSE, FRSN: Inaugural Board Member, Head of the Department of Civil, Environmental, and Geomatic Engineering
• Ms. Stephanie Barwise QC, Inaugural Board Member, preeminent UK-based silk in construction, civil, and geotechnical engineering
• Adjunct Professor Bronwyn Weir, Weir Lawyers and Consulting, was an inaugural board member of the IBQC

For further information on the IBQC’s guidelines for building regulation, visit IBQC Guidelines.

Disclaimer

The information provided in this article is for general informational purposes only. It does not constitute legal advice. For specific legal advice related to building regulations and compliance, please consult a qualified construction lawyer.