The International Building Quality Centre (IBQC) released guidelines titled “Principles for Good Practice Building Regulation” on April 30, 2021.

Regardless of jurisdiction, adopting best practices in building regulation design is essential. Well-constructed buildings, built according to sound regulations and robust codes, not only stand the test of time but also save lives, enhance quality of life, and maintain the value of building stock. Defect-free buildings reduce the risk of failures and litigation, forming a crucial foundation for a strong economy and an orderly society.

Many international jurisdictions have well-established building regulatory systems, but these often undergo repeated amendments due to inadequately conceived initial concepts. Best practice regulatory architecture minimizes the need for frequent amendments, reducing costs for both industry and consumers. It is far more effective to get it right from the outset, and the IBQC Principles for Good Practice Building Regulation are particularly instructive in achieving this.

Developed by a team of international experts in law, academia, engineering, and civil service—many of whom are founding IBQC board members—these guidelines emphasize the importance of building regulatory frameworks that prioritize public safety, efficiency, and innovation. They recognize that poorly designed regulations risk being unfit for purpose, compromising the regulatory ecosystem and leading to suboptimal construction outcomes.

THE TEN KEY 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 codified technical rules, with experts at hand and on staff available to clarify any technical interpretations.
   • Continuously review and update the building code with input from industry experts, on point academics, and government officials.
   • Permanently resource the funding of the development and evolution of the building code, which should be designed for both performance and prescriptive applications.
3. Coherent Framework for Administration and Enforcement and funding sustainability 
   • Ensure government bodies have the resources and power to audit, investigate, and enforce regulations.
   • Provide adequate funding for enforcement, possibly through a self-funding model like the building permit levy of the Victorian Building Authority in Australia.
   • Use rigorous and vigorous 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.  Have regard to the IBQC product safety guidelines.
5. Competency and Accountability Framework for Duty Holder
   • Set regulated standards for the registration and licencing of all key roles in construction, including designers, builders, engineers, architects building officials and inspectors.
   • Ensure accessible and high-quality education and training.

6. Mandatory Statutory Process for Building Approvals
   • Have a clear statutory process for approving building plans and building permit delivery, managed by a competent governmental authority.
   • Address potential conflicts of interest and ensure ethical conduct.
   • Ensure all plans meet strict safety standards in accordance with the building code.
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.
   • Regularly audit professionals, handle complaints, and maintain high standards for qualifications and experience.
   • Have a government body oversee the licensing of professionals, based on input from industry experts.

8. Final Approval of Completed Works
   • Require a final inspection by a statutory appointed building offical and all relevant professionals, including safety experts.
   • Store all final approval documents in a secure, accessible database that is maintained by a government data repository agency.
9. Actions and Orders for Public Safety
   • Allow government officials to intervene when buildings or construction sites pose a danger.
   • Empower officials to carry out emergency work and recover costs.
   • Impose penalties for non-compliance and provide a right to appeal decisions.
10. Final Approval of Completed Works
    • 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.
    • Legislate to ensure that liability is shared among the responsible parties involved in construction where there is building failure.
    • Provide quick and effective ways to resolve disputes, with specialized courts if necessary.
    • Review against the IBQC guideline for design of a good practice building dispute resolution mechanism: IBQC-Good-Practice-Guidelines-for-the-Development-of-Construction-Dispute-Resolution-Tribunals.pdf

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CONCLUSION

The IBQC’s guidelines offer a comprehensive approach to improving building regulations. By following these principles, countries can create systems that improve safety and efficiency without inhibiting innovation in construction. 

The guidelines call for a unified approach to legislation, ideally one building act and one building code that codifies 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 here: IBQC Principles for Good Practice Building Regulation

The Guidelines were Authored by an IBQC Subcommittee Drafting Coalition and were Approved by the Below all of Whom were Inaugural Board Members

• Adjunct Professor Kim Lovegrove, MSE, RML: Inaugural Board Chair, current IBQC Board Chair and Founder Lovegrove & Cotton Lawyers.
• 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 at Southern Cross University, Australia
• Adjunct Professor Robert Whittaker AM, FRSN, FAIB: Inaugural Board Chair, current Board Deputy Chair, admitted as a Member of the Order of Australia
• Mr. Neil Savery: Inaugural Board Member, current Board Member, Managing Director, ICC Oceania
• Mr. Michael de Lint, MA, PLE: Inaugural Board Member, Director of Regulatory Reform and Technical Standards, RESCON
• Professor José Torero FRSE, FRSN: Inaugural Board Member, Head of the Department of Civil, Environmental, and Geomatic Engineering UCL
• Ms. Stephanie Barwise QC: Inaugural Board Member, preeminent UK-based silk in construction, civil, and geotechnical engineering
• Conjoint Professor Bronwyn Weir: Inaugural Board Member, Weir Legal and Consulting
• Mr. Alejandro Espinosa-Wang: Inaugural Board Chair, Senior Economist, The World Bank
• Mr Dominic Sims: CEO ICC  and Board Member

This synopsis was prepared by Neil Savery and Adjunct Professor Kim Lovegrove MSE, RML both of whom are board members of the IBQC.

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

Disclaimer:
The information provided in this document 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.