Getting to grips with the new

technical standards for housing

Alice Lester

Date: 5 November 2015 www.pas.gov.uk

Housekeeping + Introductions

What is Planning Advisory Service

for?

“The Planning Advisory Service (PAS) is part

of the Local Government Association. The purpose of PAS is to support local planning authorities to provide effective and efficient planning services, to drive improvement in those services and to respond to and deliver changes in the planning system”

(Grant offer letter for 2014-15)

Key Facts

• Started in 2004

• Funded by DCLG

• 11 staff. Supplier framework. Peer community.

• Always subsidised. Mostly without charge.

• Non-judgemental. Not inspectors

• Respond to reform. Keep you current

• Support, promote, innovate

Objectives for today

To help you to understand the new technical

standards for water, access, energy and space

in new houses.

• How this approach differs from the local

standards to date

• What you need to do if you want to apply the

optional standards – plan policy needs and

viability testing

• Applying the standards to developments

Introductions

• Stephen Porter from DCLG - Housing

Standards Review and Zero Carbon Homes

Policy Lead

• Paul Watson from Planning Officers Society

• Anna Thompson from LABC – Director of

Training.

Housing Standards Review Roll Out

2015

Stephen Porter, DCLG.

Structure of presentation

• Rationalising Housing Standards

• Housing Standards Review – Overview

• Transition and Implementation

• Building Regulations transitional provisions

• Key issues for Building Control

• Key issues for Planning Authorities

• Key Planning Issues – Development Management

The New Housing Standards

• Nationally described space standard

• Access Standard

• Water Efficiency Standard

• Security Standard

• Energy Efficiency Standard and Waste Storage

• Zero Carbon Homes

• Further information

Rationalising Housing Standards

Building

Regulations

FundingPlanning

Best Practice

CSH

HD

Building

RegulationsPlanning

HQI

LHDG

S&Q

BFL

SBD

LTH

AH Funding

BenchmarksWHDG

Housing Standards Review – Overview

Background:

• Fundamental review of planning technical housing standards, and their link to building regulations

• Aims - reduce bureaucracy and costs, reform and simplify framework, make house-building process easier to navigate, reduce contradictions and overlap & allow local choice

• Extensive work with stakeholders from a range of sectors e.g. house builders, local authorities, disability and energy groups etc. (over 140 different groups)

Housing Standards Review – Overview

Outcome:

• March 2015 – launch of new approach and set of streamlined national technical standards

• The new standards are - optional building regulations for access and water efficiency, new nationally described space standard (planning standard), new mandatory security standard added to building regs (Part Q).

• Planning WMS set out policy on application of technical standards for plan making and decision-taking

• Deregulation Act 2015 set out powers to introduce optional requirements & amend Planning & Energy Act

• Code for Sustainable Homes ended (aside from legacy cases)

• New approach will save house builders and councils around £100 million (Impact Assessment)

Status: Planning transitional period ended in Sept. Implementation from Oct 2015

Transition and Implementation

Before Mar 2015 Mar 2015 Oct 2015 Oct 2016

Access

(Lifetime Homes)

Access

(Wheelchair Housing Design

Guide)

Security

(Secured by Design - Part 2)

Energy

Space

Water

Code for Sustainable Homes

Other technical standards e.g.

materials (sustainability),

overheating (internal

technical)

Keep policy but triggers Part M2

Keep policy but triggers Part M3

Part Q applies

Can keep-as-is

Can keep-as-is

Can keep for 6 months

Policies up to code 4 (Equivalent) Part L 2016 only

Except for legacy cases

End

Policies up to code 4 (Equivalent) - 110 lpd Part G higher standard applies - 110 lpd

Can keep-as-is Keep policy but triggers national space standard

Ends

Key issues for Building Control

Building Control bodies should be aware of the following:

Optional regulations

• 2015 Regulations made changes to the building control system in respect of optional requirements

• Optional requirements will be imposed by LPAs as planning conditions

• Person carrying out work will be responsible for informing building control that a condition has been applied

• Compliance with optional requirement conditions will be overseen by building control bodies (local authorities or

approved inspectors)

• These cannot be applied through planning permission where a building notice, full plans deposit or initial notice

given before that date

• Enforcement of the optional standards will be through the building control system. But only where the building

regulations application is given after 1 October.

• New mandatory security standard - Part Q - and will be overseen by building control bodies not planning.

Key Planning Issues – Development

Management

Before 30 Sept – WMS discouraged planning permissions requiring technical standards except:

• Where there are existing local plan policies on access / space / water Existing policies on access /

space /water could only be relied on until 30 Sept.

• Code – not require Code in general (it has been withdrawn) apart from legacy cases

• But where existing plan policy references Code, can continue to apply

• Water efficiency standard equivalent to new national standard

• Energy standard up to Code 4 equivalent (i.e. a 20% uplift over Part L)

From 1 Oct 2015 – Planning permissions requiring adherence to the optional standards only:

• Where passported policies are in plans (i.e. policies can remain in plans, but outcome must reflect

Government Standards), or where new optional regulations policies are in plans.

Key issues for Planning Authorities

LPAs should :

• Following the WMS, LPAs should set out clearly how existing local plan policies be

“passported” in order to be given effect in local decisions

• Consider if optional standards are needed in their area

• Gather needs evidence, apply viability costing - guidance is on the NPPG website

• Undertake partial plan review if necessary – no need to review entire local plan

• There is no time limit to update plans (aside from usual need to keep plans up to

date)

• No additional, non-Government, technical housing standards should be applied to

developments

• No new Code policies to apply in local plans – CODE has been withdrawn

The New Housing

Standards

Nationally described space standard

Key points:

• Optional standard - authorities can adopt it where they wish to set space standards in new developments

• A planning standard - not an optional building regulation – so will be implemented through the planning system

• Scope - applies to all tenures

• Plan making – space standard can only be applied where there is a local plan policy based on evidenced local need, and where the viability of development is not compromised

• Planning conditions & permission – once in plans, authorities can apply them as conditions when granting planning permission

• Compliance & enforcement - by planning authorities

• Commencement date – From 26 March 2015 - the date the Deregulation Bill received Royal Assent

Components:

• Minimum ceiling height: 2.3m • Internal storage: 1.5m2 for 1b, extra 0/5m2 per bedroom• Double bedrooms: 11.5m2, main double 2.75m wide, others 2.55m wide• Single bedrooms: 7.5m2, 2.15m wide

Access Standard

Key points:

• Two optional building regulations requirements - set above basic minimum in Part M of Building Regulations

• 1st delivers accessible and adaptable housing to meet the needs of older and some disabled people • 2nd delivers wheelchair user housing

• Plan making – optional requirements can only be applied where there is a local plan policy based on evidenced local need, and where the viability of development is not compromised

• Planning conditions & permission – once in plans, authorities can apply them as conditions when granting planning permission

• Compliance & enforcement – by Building Control bodies

• Transition & implementation – planning transitional period is from Mar to Sept, comes into effect on 1st Oct 2015

Components:

Requirements are now known as:• M4(1) Category 1: Visitable dwellings• M4(2) Category 2: Accessible and adaptable dwellings• M4(3) Category 3: Wheelchair user dwellings

Approved Document M changes - has been split into two volumes:• Volume 1, Dwellings (which incorporates the new optional requirements), • Volume 2, Buildings other than dwellings (guidance in this part remains unchanged)

Water Efficiency Standard

Key points:

• An optional building regulation - set at a level above the national minimum in the Building Regulations 2010

• Plan making – optional requirements can only be applied where there is a local plan policy based on evidenced

local need, and where the viability of development is not compromised

• Planning conditions & permission – once in plans, authorities can apply them as conditions when granting

planning permission

• Compliance & enforcement – by Building Control bodies

• Transition & implementation –planning transitional period is from Mar to Sept, comes into effect on 1st Oct 2015

Components:

• Requires new homes to be built so that their estimated water use is no more than 110 litres/person/day

Security Standard

Key points:

• A new mandatory security requirement – new part Q of the Building Regulations

• Applies to all new homes – including those formed by a material change of use

• Compliance & enforcement – by Building Control bodies

• Transition & implementation – planning transitional period from Mar to Sept. Comes into effect on 1st Oct 2015

Components:

• The standard is based on BSI’s PAS 24

Energy Efficiency Standard and Waste

Storage

Energy efficiency

• Energy efficiency standards should only be set out in the Building Regulations (Part L), but with an additional 20%

uplift where authorities wish to go further.

Waste storage

• We amended statutory guidance on waste storage in Approved Document H (Drainage and waste disposal) to

help ensure it is properly considered in new housing development

• Inserted reference to industry guidance on waste storage published by the NHBC Foundation - provides

information about, and examples of, how to design well-considered waste storage

Zero Carbon Homes

• The Productivity Plan announced that we will not proceed with zero carbon homes (or the associated zero

carbon standard for new non-domestic buildings).

• The zero carbon standards would have placed a significant regulatory burden on house builders and

developers.

• Carbon off-setting element – ‘allowable solutions’ – would count as a tax on developers and has no benefit to the

home buyer

• We’re giving the industry ‘breathing space’ to build the highly energy efficient homes required by recent

changes to building regulations but we will keep energy requirements under review.

Further information

Further information - available from GOV.UK

Other useful links:

• Planning written ministerial statement

• Planning guidance for housing optional technical standards

• A nationally described space standard

• Approved Document M: volume 1 - access to and use of dwellings

• Approved Document M: volume 2 - access to and use of buildings other than dwellings

• Approved Document Q - security - dwellings

• Approved Document G - sanitation, hot water safety and water efficiency

• Approved Document H - drainage and waste disposal

• Circular letter

Planning Advisory ServiceWednesday 5 November 2015

BRISTOL

Getting to grips with the new technical standards

for housing

Paul Watson

Independent Planning and Urban Design Consultant

Design Council CABE Built Environment Expert

Past President, Planning Officers Society

Housing Standard Review Challenge Panel

Housing Standards Review

Challenge Panel

* guarantee the level of ambition of the review

* unconstrained by past, present or emerging policy

* related rules & standards applied through the planning system

Dialogue throughout HSR process with formal report June 2013

and continuing input

Challenge Panel principles

* regulation only where national policy imperative and market failure

* transparent processes

* tenure blind

* necessary and proportionate regulation

* clear, simple & certain regulation

* no duplication or shifting the burden

Facilitate & prompt better practice & performance

with no risk to quality & sustainability of new homes and places

Progress to date

A good start* sensible rationalisation

* greater clarity in role & scope of regulatory regimes

* tenure blind

* facilitate efficiencies in supply chain

Outstanding issues* indoor environment inc daylighting, sunlighting and sound insulation

* materials

* processes for review & amendment of Building Regulations

* use of labelling, insurances & warranties

Concerns* Zero Carbon

* opt in

* burden on planning system

HSR: implications for local planning authorities

Expectations of Local Plans

* adaptable and wheelchair homes

* water stress areas

* space standards

Need and viability: and policy prescription & restriction

Local Plan (partial) reviews: or national legislation

Neighbourhood Plans

* scope

* discretion

Development management

* transitional arrangements, inc passporting of existing policy

* conditions & discretion

* compliance

An addition to the toolkit…

Planning toolkit I

* National Planning Policy Framework

* National Planning Practice Guidance

* Local Plans

* Community Infrastructure Levy

Place base arguments for growth

delivered through good design

Planning toolkit II

* Neighbourhood Plans

* master plans and development briefs

* pre-application discussions

* Design & Access Statements

* Building for Life 12

* Design Review

* Codes

* conditions and amendments

Local vision and leadership

Dangers of over-prescription

* numbers not place

* creativity & innovation

* role of the market

Delivering public policy objectives through private investment

PLANNING PRACTICE GUIDANCE

Housing- Optional Technical Standards

Guidance on how planning authorities can gather evidence to set optional

requirements and the nationally described space standard.

ID: 56

Updated: 27 03 2015

Introduction

Accessibility and wheelchair housing standards

Water efficiency standards

Internal space standards

Introduction

What are the new optional technical housing standards?

The Government has created a new approach for the setting of technical standards for new housing. This

rationalises the many differing existing standards into a simpler, streamlined system which will reduce burdens

and help bring forward much needed new homes. The Government set out its policy on the application of these

standards in decision taking and plan making in a Written Ministerial Statement, which also withdraws the Code

for Sustainable Homes aside from legacy cases.

What optional technical housing standards can local planning authorities set?

Local planning authorities have the option to set additional technical requirements exceeding the minimum

standards required by Building Regulations in respect of access and water, and an optional nationally described

space standard. Local planning authorities will need to gather evidence to determine whether there is a need for

additional standards in their area, and justify setting appropriate policies in their Local Plans.

How should local planning authorities assess viability concerns for setting optional Building Regulation

requirements and the nationally described space standard?

Local planning authorities should consider the impact of using these standards as part of their Local Plan viability

assessment. In considering the costs relating to optional Building Regulation requirements or the nationally

described space standard, authorities may wish to take account of the evidence in the most recent Impact

Assessment issued alongside the Housing Standards Review.

Where can I find out more about the standards?

Further information on the access standard and water efficiency standard standards are available from the

Planning Portal.

Further information on the nationally described space standard is available from GOV.UK.

Accessibility and wheelchair housing standards

Can local planning authorities require accessibility, adaptability and wheelchair standards in new

dwellings?

The National Planning Policy Framework (NPPF) is clear that local planning authorities should plan to create

safe, accessible environments and promote inclusion and community cohesion. This includes buildings and their

surrounding spaces. Local planning authorities should take account of evidence that demonstrates a clear need

for housing for people with specific housing needs and plan to meet this need.

How should local planning authorities assess the need for accessibility requirements?

The National Planning Policy Framework requires local planning authorities to have a clear understanding of

housing needs in their area, including those for people with specific housing needs. The Framework provides

guidance on the methodology that can be used to undertake the needs assessments.

What evidence should local planning authorities use to demonstrate a need to set higher accessibility,

adaptability and wheelchair housing standards?

Based on their housing needs assessment and other available datasets it will be for local planning authorities

to set out how they intend to approach demonstrating the need for Requirement M4(2) (accessible and

adaptable dwellings), and / or M4(3) (wheelchair user dwellings), of the Building Regulations. There is a wide

range of published official statistics and factors which local planning authorities can consider and take into

account, including:

* the likely future need for housing for older and disabled people (including wheelchair user dwellings).

* size, location, type and quality of dwellings needed to meet specifically evidenced needs (for example

retirement homes, sheltered homes or care homes).

* the accessibility and adaptability of of existing housing stock.

* how needs vary across different housing tenures.

* the overall impact on viability.

To assist local planning authorities in appraising this data the Government has produced a summary data

sheet. This sets out in one place useful data and sources of further information which planning authorities can

draw from to inform their assessments. It will reduce the time needed for undertaking the assessment and

thereby avoid replicating some elements of the work.

What accessibility standards can local planning authorities require from new

development?

Where a local planning authority adopts a policy to provide enhanced accessibility or adaptability they should

do so only by reference to Requirement M4(2) and / or M4(3) of the optional requirements in the Building

Regulations. They should clearly state in their Local Plan what proportion of new dwellings should comply with

the requirements. There may be rare instances where an individual’s needs are not met by the wheelchair

accessible optional requirement – see paragraph 011 below.

Local Plan policies should also take into account site specific factors such as vulnerability to flooding, site

topography, and other circumstances which may make a specific site less suitable for M4(2) and M4(3)

compliant dwellings, particularly where step free access cannot be achieved or is not viable. Where step-free

access is not viable, neither of the Optional Requirements in Part M should be applied.

What issues should local planning authorities consider in determining whether dwellings should be fully

wheelchair accessible or adaptable?

Part M of the Building Regulations sets a distinction between wheelchair accessible (a home readily useable by

a wheelchair user at the point of completion) and wheelchair adaptable (a home that can be easily adapted to

meet the needs of a household including wheelchair users) dwellings.

Local Plan policies for wheelchair accessible homes should be applied only to those dwellings where the local

authority is responsible for allocating or nominating a person to live in that dwelling.

How should authorities determine whether accessible and adaptable or wheelchair user dwellings

(M4(2) or M4(3)) should be required in non-lift serviced flats?

The Building Regulations for accessible and adaptable or wheelchair user dwellings require that these types of

dwelling should achieve step-free access. In setting policies requiring M4(2) and M4(3) compliant dwellings,

local planning authorities will need to assess whether this has an impact on non-lift serviced multi-storey

development in their local housing mix. Where step-free access in this type of development is not viable, neither

of the Optional Requirements in Part M should be applied.

Where an individual has specific needs that would not be met by the wheelchair accessible optional

requirement can a local planning authority ask for a different standard?

Where there is a very specific and clearly evidenced accessibility need, which is outside of what is provided for

by the wheelchair accessible standard, a local planning authority can have different requirements in order to

meet that need. This should only be required to meet the needs of a specific individual and therefore should only

be required of a home where a local authority allocation policy applies. Such a requirement would also be

subject to viability considerations.

Where can I find out more about the access standard?

Approved Document M, volumes 1 – access to and use of dwellings and 2 – access to and use of buildings

other than dwellings are available from the Planning Portal.

Water efficiency standards

Can local planning authorities require a tighter water efficiency standard in new dwellings?

In setting out how the planning system should contribute to the achievement of sustainable development, the

National Planning Policy Framework and Guidance makes clear this includes planning to provide the high

quality housing required to meet the needs of present and future generations, and helping to use natural

resources prudently. The Framework’s policies expect local planning authorities to adopt proactive strategies to

adapt to climate change that take full account of water supply and demand considerations. Early engagement

between local planning authorities and water companies can help ensure the necessary water infrastructure is

put in place to support new development. Water supply guidance is available from paragraph 001, reference

ID: 34-001-20140306.The local planning authority may also consider whether a tighter water efficiency

requirement for new homes is justified to help manage demand.

What standard should be applied to new homes?

All new homes already have to meet the mandatory national standard set out in the Building Regulations (of

125 litres/person/day). Where there is a clear local need, local planning authorities can set out Local Plan

policies requiring new dwellings to meet the tighter Building Regulations optional requirement of 110

litres/person/day.

How should local planning authorities establish a clear need?

It will be for a local planning authority to establish a clear need based on:

* existing sources of evidence.

* consultations with the local water and sewerage company, the Environment Agency and catchment

partnerships.

* consideration of the impact on viability and housing supply of such a requirement.

What are the existing sources of evidence?

Primary sources of evidence which might support a tighter water efficiency standard for new dwellings are:

* The Environment Agency Water Stressed Areas Classification (2013) which identifies areas of serious water

stress where household demand for water is (or is likely to be) a high proportion of the current effective rainfall

available to meet that demand.

* Water resource management plans produced by water companies

* River Basin Management Plans – which describe the river basin district and the pressure that the water

environment faces. These include information on where water resources are contributing to a water body being

classified as ‘at risk’ or ‘probably at risk’ of failing to achieve good ecological status, due to low flows or reduced

water availability.

In addition to these primary data sources, locally specific evidence may also be available, for example

collaborative ‘water cycle studies’ may have been carried out in areas of high growth.

Where can I find out more about the water efficiency standard?

Further information on the water efficiency standard is available from the Planning Portal.

Internal space standards

Can local planning authorities require internal space standards in new homes?

The National Planning Policy Framework says that local planning authorities should identify the size, type,

tenure and range of housing that is required in particular locations, reflecting local demand.

Where a local planning authority (or qualifying body) wishes to require an internal space standard, they should

only do so by reference in their Local Plan to the Nationally Described Space Standard.

What standard should be applied to new homes?

The requirements of the space standard are set out in a supporting document – the Nationally Described

Space Standard.

How should local planning authorities establish a need for internal space standards?

Where a need for internal space standards is identified, local planning authorities should provide justification for

requiring internal space policies. Local planning authorities should take account of the following areas:

* need – evidence should be provided on the size and type of dwellings currently being built in the area, to

ensure the impacts of adopting space standards can be properly assessed, for example, to consider any

potential impact on meeting demand for starter homes.

* viability – the impact of adopting the space standard should be considered as part of a plan’s viability

assessment with account taken of the impact of potentially larger dwellings on land supply. Local planning

authorities will also need to consider impacts on affordability where a space standard is to be adopted.

* timing – there may need to be a reasonable transitional period following adoption of a new policy on space

standards to enable developers to factor the cost of space standards into future land acquisitions.

Who is responsible for ensuring compliance with the internal space standard?

Unlike other aspects of the Housing Standards Review, the space standard has not been incorporated into the

Building Regulations. Establishing compliance and any enforcement action therefore rests with the local

planning authority.

Building control bodies may choose to provide checking of the space standard in development proposals as an

additional service alongside carrying out their building control function. In these circumstances, local planning

authorities may wish to avoid further additional checking of plans with regard to space standards.

Where can I find out more about the nationally described space standard?

Further information on the nationally described space standard is available from GOV.UK.

VIABILITY TESTING

Housing standards review: final implementation impact assessment

Ref: ISBN 978-1-4098-4 PDF, 1MB, 56 pages

The evidence used in this impact assessment is further supported by three reports prepared for the department

by EC Harris and Adroit Economics. These set out the cost impacts (PDF, 1.79MB, 116 pages), a local authority

policy survey (PDF, 605KB, 42 pages) and evidence (PDF, 1MB, 69 pages).

Examples

* adaptable homes +£520 - £940

* wheelchair adaptable homes + £7,607 - £10,568 plus additional space

* wheelchair accessible +£7,764 - £23,052 plus additional space

* enhanced water standard +£2,697

* + 5sqm = +£2,700 - £3,600 (£758 - £1,014 net of cost recovery)

Disclaimer: figures subject to checking & updating

Local Plans

Site specific viability …. and practicality & design implications

Conditions & obligations

LEFT FIELD

Permitted development

Holgate J: West Berkshire District Council Reading Borough Council v DCLG 31 July

2015

QUALITY AND DELIVERY

* more homes

* more affordable homes

* better homes

* better places

The Holy Grail…

OVERVIEW

Strategic implications of HSR

Identifying issues

* with Environment Agency and water companies

* through random sampling of recent planning applications

* recognising restrictions on scope of policy development

Quantifying needs

with Social Services & Housing colleagues

Reasonable requirements of development

Implications for site capacity and land supply

Passporting existing policy

Open process with formal Council approval

Awareness but not consultation

Prospect for challenge – evidence base & viability testing

Design implications of HSR

Ramps, canopies, porches, parking spaces, garages, lifts, etc

Viability, practicality & desirability at site specific level

PRW Strategic Advice: planning & urban design

solutions

Housing Standards Review and Optional

Requirements:

What planners need to know

Anna Thompson

LABC Director of Training

This short presentation has been produced by LABC (Local Authority

Building Control) to provide training and information for Planning and

Development Control Officers on the Housing Standards Review, and how

the outcomes affect both Planning and Building Control.

There is some concern that a lack of knowledge of the new legislation may

lead to difficulties for all parties involved in the design and approval

process. Development Control Officers will need a basic grasp of the

technical aspects of the new Regulations to avoid potential pitfalls and

complaints.

The Housing Standards Review

Aims

To prevent Planning Authorities imposing

local technical requirements on the

construction of new dwellings;

Cuts red tape for developers by removing

local standards (e.g. 12 wheelchair

accessible housing standards in London

alone);

To wind-down the Code for Sustainable

Homes, leaving Building Regulations Part L

as the sole energy efficiency delivery

mechanism;

To provide a set of national standards for

some issues that can only be applied by

Planning Authorities including them in the

local plan.

The Housing Standards Review

Outcomes

Planning may only apply various national standards for space, water

efficiency and accessibility where part of the local plan

A ‘Nationally Described Space Standard’ replaces all other local

standards and sits outside of Building Regulations

Building Regulations Requirement Q1 (Security) is to apply to all new

dwellings from 1st October 2015

Building Regulations Parts G2 and M4 are amended to include ‘optional

requirements’ that may be triggered by Planning Conditions

The Housing Standards Review

Methodology:

Planning Department includes optional requirements in the local plan

Planning make Building Regulations optional requirements part of their

conditions for permission;

The duty is for the developer to inform their Building Control body that

optional requirements apply to the submission;

Building Control check and inspect the dwelling in accordance with the

optional requirements;

Any enforcement of the requirements falls to Building Control and not

with planning.

The Optional Requirements

The Optional Requirements

What could possibly go wrong?

Development Control approve a scheme with optional

requirements as planning conditions

The applicant submits for Building Regulations approval

Building Control inform the developer that the houses /

flats are not big enough, and that certain external

features are required, making the site layout non-

compliant

The developer then has to resubmit a revised scheme to

Development Control, incurring costs, delays and many

complaints. This is more likely with (but not exclusive to)

small developers

So please read on to get a fuller understanding of the

technical aspects of the Optional Requirements

Changes to the Building Regulations

Optional Requirements

Building Regulations Part G – Water Efficiency

Requirement G2 contains a ‘standard’ level for

Water Efficiency, and also a higher level which can

be invoked as an ‘optional requirement’

The levels are expressed as an amount of water

use in litres/per person/per day, either 125

(standard) or 110 (optional).

Water use is calculated based on the flow rate of

taps, showers and installed white goods, and the

capacity of baths and W.C.’s.

The figures are based on how often the ‘average’

person uses each appliance, therefore the flow

and capacity limit water consumption

Part G applies to new-build dwellings and those

formed by Change of Use

Building Regulations Part G – Water Efficiency

Requirement G2 exists

because of water stress

on supplies in certain

parts of the country.

The optional

requirement can only be

invoked where justified

in the Local Plan

It will have no serious

implications for

developers other than

their selection of fittings

in the dwelling

Building Regulations Part M – Access to and use

of buildings. Volume 1: Dwellings A new Approved Document for Part M: “Access to

and use of buildings” has been created solely for

dwellings following the housing standards review

Part M contains a basic minimum standard for

access and use which is applied to all new

dwellings

Additionally there are 2 higher levels that can be

invoked by planning as optional requirements

The higher levels contain increasingly stringent

controls on access to and within the dwelling

This is the area of greatest concern in terms of

designing a compliant dwelling and site layout

Applies to all new build dwellings…

Regulation M4 applies to dwellings only – and is in three parts;

M4(1) – Category 1 Visitable Dwellings (all dwellings, as existing)

M4(2) – Category 2 Accessible and adaptable dwellings (optional)

M4(3) – Category 3 Wheelchair user dwellings (optional)

Applies to new dwellings but not an extension to a dwelling.

Does not apply to Change of Use

Part M Volume 1 – DwellingsM4(1) - Category 1 Visitable dwellings – default standard

Key aims• Provision for people to approach dwelling, including wheelchair users, step free

where possible.

• Able to access dwelling from most likely point of alighting from a car

• Able to enter the dwelling

• Able to access habitable rooms at entrance storey (or principal storey if entrance

storey contains no habitable rooms)

• Able to access a WC at entrance storey (or principal storey if entrance storey

contains no habitable rooms)

• A disabled person who can walk can access any dwelling in a building containing

dwellings

• This applies as default to all dwellings

M4(2) – Category 2 Accessible & Adaptable Dwellings

Optional Requirement

Key aims• Step free access to dwelling, car park space and any communal areas (e.g.

waste storage).

• Step free access to WC and any other accommodation within entrance

storey

• Step free access to private outdoor space connected directly to entrance

storey

• A wider range of people including the elderly, disabled people and some

wheelchair users can use the accommodation and its facilities

• Able to be adapted in the future

M4(2) The technical bit…

The following slides will take you

through the key issues involved in

designing to Optional Requirement

M4(2)

As you will see there is plenty of

opportunity for developers and

planners to miss key issues at planning

application stage that will impact on

site layout, internal and external house

design

M4(2) – Accessible and Adaptable Dwellings - Approach to the

dwelling Access routes must be step free, regardless of storey dwelling is on or

gradient of site. The maximum allowable gradient for a ramp is 1:12, with

landings every few metres.

Applying this optional requirement on a steep site will result in something

like this picture, or an unbuildable dwelling.

Planning Practice Guidance…

M4(2) Accessible and Adaptable Dwellings - Car parking

Applicable only where parking is provided within the curtilage:

Private in curtilage :

1 standard space (2.4 x 4.8m) that can be widened to 3.3m (not applicable

to a garage or car port)

Communal to blocks of flats:

1 standard space close to communal

entrance

900mm access zone to side, and

Dropped kerbs min 1m wide, max 1:12

Parking drop off, where provided

Close to communal entrance

Level or gently undulating

M4(2) Accessible and Adaptable Dwellings - Car parking

As this space cannot be widened to 3.3m, this would be non-compliant with

optional requirement M4(2)

M4(2) Accessible and Adaptable Dwellings - Communal

entrances

• 1500 x 1500mm level

landing in front of

communal entrance.

• Landing must be

covered to 1200 x

900mm, canopies will

be provided to achieve

this.

M4(2) Accessible and Adaptable Dwellings - Communal

entrances

If M4(2) or M4(3) dwellings are flats

above ground floor then a passenger lift

must be provided to achieve step-free

access

Planning Practice Guidance

M4(2) Accessible and Adaptable Dwellings – Private Entrances

1200 x 1200mm external landing.

Landing covered min 900 x 600mm –

canopies or porches will be provided.

Accessible threshold.

If a porch or lobby is provided it must have a

minimum 1500m between doors and door

swings – the porch shown would be non-

compliant

All external private spaces to be served by a

door meeting provisions for dimensions and

level threshold.

M4(2) Accessible and Adaptable Dwellings – Internal circulation

and layout

Corridors and doors to be wider

Access to all rooms within the entrance storey is step-free.

Entrance storey must contain a living area (living or dining room) with a

window max 850mm above floor level (quality of life issues)

M4(2) Accessible and Adaptable

Dwellings – Bedrooms

Applies to all bedrooms – different access routes depending on bedroom type –

results in larger rooms

Designer must demonstrate compliance through furniture layout

M4(2) Accessible and Adaptable Dwellings – Entrance Level

Sanitary Facilities Every dwelling: Entrance storey W.C. and basin.

Dwelling of 2-3 storeys, 3 or more beds, the W.C. also requires a level

access shower or ‘potential level access shower’ unless there is an

accessible bathroom on the same storey. Note the large minimum sizes.

M4(2) Accessible and Adaptable Dwellings - Bathroom

provision

An accessible bathroom must be provided on the same storey as the

principal bedroom.

Choose either a standard design or use the design guide to create bespoke

layout – sizes approximately 2m x 2m

Part M Volume 1 – DwellingsM4(3) – Category 3 Wheelchair user Dwellings

Key Aims:

Within curtilage of dwelling (or building containing the dwelling) a step free

approach to:

• The dwelling

• Every private entrance door, any private outdoor space, car parking space,

and any communal facility for occupants use

• Internal WC at entrance storey

• Other accommodation required on entrance storey

• The dwelling is to be adaptable for future wheelchair access

• Services are accessible by people with reduced reach

M4(3) The technical bit…

The following slides will take you

through the key issues involved in

designing to Optional Requirement

M4(3)

As you will see there is more control

over both internal and external

features, and the dwelling must be

much bigger to accommodate these

requirements

The following technical requirements

are those that are over and above the

Category 2 dwelling

Two types of wheelchair user dwelling;

• Wheelchair Adaptable Regulation 4(3)a - applies as default unless local

planning authority has a policy requiring dwelling to be;

• Wheelchair Accessible Regulation 4(3)b) - only possible in specific

circumstances

• Wheelchair adaptable properties have much greater flexibility in their internal

layout (e.g access zones) – they are only intended to be capable of becoming

wheelchair accessible after completion.

• Wheelchair accessible requirement likely to meet most common wheelchair

user needs.

• Certain provisions require that ability to be adaptable is demonstrated

Key PointsM4(3) Category 3 - Wheelchair user dwellings

M4(3) Adaptable or Accessible?

Same principals/requirements as M4(2) with the following extra provisions:

Route 1200mm min width

More restrictions on position and length of localised restrictions

Level spaces 1500 x 1500mm at maximum 10m intervals and at both ends

Maximum gradient 1:15

Car parking (where provided) min 2.4 x 4.8m an access zone 1200mm to

one side and rear – INCLUDES garages and car ports

M4(3) – Wheelchair Adaptable Dwellings - Approach to the

dwelling

M4(3) Wheelchair Adaptable Dwellings - Car parking

Where parking provided:

Private in curtilage - provide an

access zone 1200mm to one side and

rear

Includes garages and car ports where

that is the parking provision In

practice this means a garage of

minimum 3.6 x 6m – the picture is

obviously non-compliant

Communal parking - a space with

1200mm clear zone both sides

Communal side access zones can be

shared between spaces

M4(3) Wheelchair Adaptable Dwellings – Entrances and

external doors Communal entrances similar

to private.

Both require 1500mm internal

turning circle.

Both require 1200 x 1200mm

external canopy.

Key PointsM4(3) Category 3 – Other External Doors

Requirements for all doors leading to

gardens, balconies, pathways and

communal facilities

Requirements for dimensions and level

thresholds remain on all these external

doors.

The pictures show non-compliant designs

Key PointsM4(3) Category 3 – Internal circulation and storage

• There are further requirements for internal

door and corridor widths – everything

becomes bigger

• There are minimum requirements for built-

in general storage

• Wheelchair storage must be provided in

the entrance with charging points

M4(3) Wheelchair Adaptable Dwellings – Circulation and living

spaces

Minimum size requirements for entrance

storey living areas

Drawings demonstrate how kitchen can be adapted

to M4(3b) standard

Minimum worktop length for kitchens

The designer must demonstrate how a

through-floor lift and ceiling mounted hoists

can be provided in the future

M4(3) Wheelchair Adaptable Dwellings - Bedrooms

Minimum size requirements for all bedrooms:

Principal double bedroom:

i) On entrance storey or adjacent storey;

ii) Minimum 3m wide, minimum 13.5m2 area.

Every other double or twin bedroom minimum 12.5m2 and 3m wide, 1m clear access

to one side of bed

Every single bedroom 8.5m2 and 2.4m wide.

M4(3) Wheelchair Adaptable Dwellings - Sanitary provision

W.C. facilities on the entrance storey, either:

i) A wet room with tanking and floor gulley (which may be a bathroom)

containing a W.C., basin and level access shower – the size is equivalent to

a disabled W.C. in a public building

ii) Where the dwelling has a bathroom and W.C. on the same storey the W.C.

is reduced provision (dia 3.14).

M4(3) Wheelchair Adaptable Dwellings - bathroom provision

Bathrooms are much bigger with the

ability to be adapted to individual

needs

M4(3) Wheelchair Adaptable Dwellings - private outdoor space

Definition: gardens, balconies, roof terraces

Paved areas have suitable surfaces

Minimum width of all outdoor spaces is

1500mm – includes paths to side of

buildings, balconies

1500mm level turning circle free of door

swing and at ends of path

A level or gently sloping path to every

private store, refuse or recycling

Wheelchair Accessible DwellingsM4(3) Category 3(b) Key Differences

The differences between M4(3)a Wheelchair Adaptable and M4(3)b Wheelchair

Accessible apply only to internal features, not access or communal routes

Wheelchair Accessible dwellings can only be requested by planning where the

Local Authority is placing an individual into the dwelling

Wheelchair accessible lift installed with 1500mm turning circle at every level

and power operated door

Many more controls over services, including type of sanitary fittings and

accessibility of additional controls

Key differences to kitchen and bathroom design

M4(3)b Accessible kitchens

Kitchens become much bigger and have stringent requirements on the

placement of appliances, accessibility to worktops and height adjustable

features

Wheelchair Accessible DwellingsM4(3) Category 3(b) – Sanitary Facilities

Different diagrams are provided illustrating accessible bathroom layouts and clearances.

Rooms take up significantly more space

Part Q - Security – 1st October 2015

Development Control may still request ‘Secured

By Design’ security standards across the site, but

security of the individual dwelling will be dealt with

by Building Control under Part Q

‘Easily accessible’ doors and windows must meet

specific test criteria

This applies to change of use as well as new-build

dwellings – this may involve some negotiation

between Building Control and Conservation

Officers on historic and listed buildings or in

conservation areas

What next for energy efficiency?

The CfSH will be wound down as part of the Housing Standards Review

outcomes, and Government have announced that there will be no revisions to

Part L in 2016 to effect Zero Carbon Homes

What next for energy efficiency?

The Housing Standards Review prevents Local

Authority Planning Departments from influencing

the design of the building fabric in terms of energy

efficiency

With the abolition of the Zero Carbon Homes

agenda Building Control and the industry in

general must now focus on ensuring that dwellings

actually achieve the design efficiencies

Research demonstrates that new dwellings are

typically between 20 – 40% less efficient than

designed

This is an industry-wide challenge to close the

‘performance gap’ and improve the compliance

with the 2013 Part L standard

Nationally Described Space Standards

The Space Standards sit outside

of the Building Regulations and

can only be applied if within the

Local Plan - DC to check

compliance.

Building Control are not involved

in the checking of Space

Standards either on plan or on

site

There may be a temptation to

ask Building Control to do this –

but consider that many schemes

are controlled by Approved

Inspectors rather than LABC

© Presentations and their content are the copyright of LABC95 |

Nationally Described Space Standards Sets out requirements for the Gross Internal (floor) Area of new dwellings at a defined

occupancy as well as floor areas and dimensions for key parts of the home, notably

bedrooms, storage and floor to ceiling height (2.3m for 75% of the dwelling)

Single bed 7.5m2

& 2.15m wide

One double bed min 11.5m2

& width 2.75m others 2.55m

min floor to ceiling height main living space is 2.3m for at least 75% of the Gross Internal Area

Space Standards – what does this all mean?

Conclusions Local Authority Planning Departments have lost powers to influence the

technical design of dwellings through local requirements

Planning may invoke national requirements for certain aspects where they

form part of the local plan

The Nationally Described Space Standards will be enforced by planning

where they form part of the local plan

Planning may also use conditions to invoke higher levels of compliance in

Building Regulations through ‘optional requirements’ (when in the local

plan), which will be enforced by Building Control. This applies to water

efficiency and accessibility standards

There is a risk that planning applications can be approved with ‘optional

requirements’ where the dwellings or site layout do not meet access

requirements, causing problems for all concerned

This presentation outlines the main areas of risk and outlines the key

Building Regulation issues for planners and developers

Thankyou

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