Business : Legal News

Reasons why you should retain an employment lawyer

Life doesn’t require that you hire a lawyer daily, but sometimes you are left with no choice but to retain one for people to take you seriously. For instance, if you suspect discrimination or any employment law violation in your workplace, the best cause of action will be consulting a

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How Commercial Construction is Different from Residential

If you’ve ever wondered how commercial buildings vary from residential ones, the differences discussed below might provide some insights. Here are the basics: commercial buildings are used to operate commercial ventures (schools, offices, supermarkets and similar businesses) while residential buildings are basically homes where families reside. Before commencing your construction

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LESSONS THE CONSTRUCTION INDUSTRY MUST LEARN FROM CMA PROBES

IT is vital the construction industry educates itself on competition law – according to East Midlands-based law firm Nelsons. The warning comes after two of the UK’s largest rolled lead sheet suppliers – Associated Leads Mills and BLM British Lead – admitted to taking part in anti-competitive arrangements between October

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Is Asbestos testing required by law?

One of the main questions when it comes to asbestos is if asbestos testing is required by law. In many cases, asbestos testing is a legal requirement.  Occupying or working in a building that hasn’t had an asbestos survey might mean you’re breaking the law.  The whole point of an

Read More »

How will buildings change post Covid-19?

There will be a need to repurpose and redesign buildings, as well as increase space as a result of the current global pandemic, according to a growing number of industry insights. The healthcare, pharmaceutical and food industries, being on the front line during the Covid-19 crisis, have already experienced an

Read More »

‘Stop the Cowboys’ roundtable backs calls for a licence to build

Key influencers within the UK construction industry have called upon the government to take action against cowboy building contractors by consulting on an industry-wide licensing/certification scheme to give end-users a recognisable mark of quality and trust. Each year more than £8 billion of building work fails to meet appropriate quality standards

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Latest Issue
Issue 324 : Jan 2025

Business : Legal News

Reasons why you should retain an employment lawyer

Life doesn’t require that you hire a lawyer daily, but sometimes you are left with no choice but to retain one for people to take you seriously. For instance, if you suspect discrimination or any employment law violation in your workplace, the best cause of action will be consulting a top employment lawyer to help you understand the cause of your claim. Employment law is complex, and you would want someone who has studied and practiced the same for years on, if not decades. Moreover, your employer ordinarily has more money than you and will probably retain a counsel before you. Therefore, it only makes sense if you lawyer up from the word go! It is important to note that you don’t have to wait for an official termination letter from your employer to hire a lawyer. A reasonable employment lawyer will help you analyze the employment law challenges at your workplace and offer possible advice or resolutions that can help you avoid a bigger dispute altogether. After all, you are hiring a lawyer to try to rectify a problem and not spark a battle. So, what are the reasons that should prompt you to retain an employment lawyer? Well, they include but aren’t limited to the following: Suspicion of employment law violation You might be working at a frustrating place, and you come to conclude that it is your employer who is violating the employment law to intimidate and get the most out of you. It is important to understand that frustration doesn’t equate to illegality. Maybe the place is evidently daunting, but the circumstances and conditions are completely legal. Instead of spending much money and time filing for an immediate complaint, it would help if you first hire an employment lawyer to investigate your suspicion and determine the best options for a response without further legal loopholes. Establishing legal claims Not all employees understand the extent of the employment law and will often confuse opinions and suggestions for the actual law. You should retain an experienced employment lawyer before pursuing your legal options to determine the exact claims that you are dealing with. Lawyers charge a constant consultation fee, and you’ll only be required to pay more if you choose to retain full services Employer interaction Your employer will always take your direct complaints for granted until you show some level of seriousness. Instead of always trying to prove your point with the company’s handbook, try and retain a lawyer, and the employer will have your full attention. Review your employment agreement Most people sign contracts under duress and unnecessary pressure, especially when they are threatened that the jobs might be awarded to someone else who is “needier”. Therefore, it is common to find employers agreeing to clauses and phrases that they either interpret wrongly or don’t know their meanings at all. If the job is a high-gear net, it will be best to let your lawyer evaluate and explain the employment terms. Remember, one term this is favorable to another employee might be controversial to you. It is better to go there knowing what you are walking yourself into. Negotiate case settlement Lastly, you might want to hire an employment law attorney to negotiate case settlement, especially after determining that a clause in your employment agreement has been violated. You will want to air your thoughts and best interests without feeling trapped in an emotional bubble. Moreover, you might also want to get the settlement and still continue working with the same employer, and so a feeling of hatred and animosity between the two of you will not help in any way. Lawyers are trained to negotiate professionally without losing their cool. Your employer will also likely accord your lawyer more time and respect than if it was only you in the negotiation table.

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How Commercial Construction is Different from Residential

If you’ve ever wondered how commercial buildings vary from residential ones, the differences discussed below might provide some insights. Here are the basics: commercial buildings are used to operate commercial ventures (schools, offices, supermarkets and similar businesses) while residential buildings are basically homes where families reside. Before commencing your construction project, it’s important to hire an experienced contractor with an enviable track record in providing quality construction for commercial buildings. Conducting some thorough research beforehand is also essential. Here are 5 major differences between commercial construction and residential construction: Construction materials used The materials used to construct commercial buildings are slightly different from those used to build residential houses. They both have different structural needs: residential buildings are often smaller than commercial ones, hence require less reinforcement. For commercial construction, you will require sturdy steel and concrete framing that guarantees better fortification. You’ll also need to consider three-phase electricity installation during the design phase. Residential construction is less complicated. Timber framing and single-phase electrical designing will usually suffice. Building regulations and permits Another key difference between commercial and residential construction is in their permits. Commercial buildings usually attract stricter regulations than residential houses. Regulations may vary from design to materials and plumbing systems used. If you wish to succeed as a commercial contractor, ensure you learn the ropes as far as permits and regulations are concerned. The biggest perk of residential construction is the lenient regulations employed by the government. Most residential buildings are small and incorporate simple designs, making them less problematic to erect. Construction timelines Every construction project must have a unique set of timelines. However, residential construction typically has longer and more flexible timelines than commercial construction. Homeowners prefer taking their time when building their dream home. This provides them with more freedom to make vital construction decisions as and when they deem fit. Commercial builders, on the other hand, desire to complete the project as quickly (and as efficiently) as possible. Commercial contractors often have to deal with smaller budgets and stricter timelines. Machinery required for construction Large scale commercial buildings require the utilization of heavy machinery such as bulldozers, earth movers and forklifts. Such machinery has to be operated by experienced personnel in order to optimize quality and maintain relevant safety standards. Residential buildings, on the other hand, don’t require heavy machines or specialized skills. Smaller DIY building projects can even be learnt online and completed successfully if you have the time. In addition, accidents that occur during residential construction are easier to fix and rarely end up in lawsuits when compared to commercial mishaps. Warranties and insurance covers Commercial properties generally require more insurance than residential buildings. As a commercial contractor, you’re required to comply with all state and national certifications to avoid getting slapped with penalties. Commercial contracts are usually lengthier and more complex than residential ones. Warranties and surety bonds are essential elements of every commercial construction contract, especially when you’re dealing with government work. These are just some of the key differences between commercial and residential construction.

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LESSONS THE CONSTRUCTION INDUSTRY MUST LEARN FROM CMA PROBES

IT is vital the construction industry educates itself on competition law – according to East Midlands-based law firm Nelsons. The warning comes after two of the UK’s largest rolled lead sheet suppliers – Associated Leads Mills and BLM British Lead – admitted to taking part in anti-competitive arrangements between October 2015 and March 2017 following an investigation by the Competition and Markets Authority (CMA). As part of an agreement reached with the CMA, the two firms could face fines of more than £11 million. Following the investigation, which started in July 2017, the CMA has issued revised provisional findings indicating that Associated Lead Mills and BLM British Lead were part of anti-competitive arrangements that included: Sharing the market, including by arranging not to target certain customers; Colluding on prices; Exchanging commercially sensitive information on prices; and Arranging not to supply a new business that risked disrupting the firms’ existing customer relationships and which was a potential competitor in the market. Emma Ward, partner in Nelsons’ dispute resolution department, who is Midland Lead’s solicitor, said: “The admissions and the CMA’s provisional findings are strong reminders that companies need to understand the obligations imposed upon them by competition law. “An infringement of competition law can occur at any level in a supply chain, with anti-competitive practices ultimately depriving customers of the efficiency, innovation and fair pricing that fair competition encourages. In addition, such practices can make it extremely difficult for other businesses that aren’t part of the arrangement to survive and grow. “If you believe that your business has suffered a loss as a result of anti-competitive practices, then you could have a right to claim compensation.” Midland Lead – a family-owned company that has been manufacturing machine cast lead for the past 37 years – is actively against cartels, stating that they not only tarnish the reputation of the industry, but also cheat customers. Boudewijn Tuinenburg, managing director at Midland Lead, said: “We hope that the outcome of CMA’s investigation and provisional findings send a warning to the construction industry of the importance of understanding competition law. “We have never been a part of the arrangements between Associated Leads Mills and BLM British Lead or arrangements with any other rolled lead sheet manufacturer and we pride ourselves on operating with integrity. We work independently and welcome competition as we know it encourages innovation and pushes for excellence in customer service.” Lynn Street, marketing and sales manager at Midland Lead, added: “We have successfully grown our business in the UK and overseas by being innovative, customer-focused and providing high quality products in an ethical manner. “Together as one industry sector, we can promote lead, share innovative ideas and fund research. However, the fact of the investigation and the provisional findings mean that as an industry, we will never be able to sit down in one room without suspicion – and that is unfortunate for the entire industry.” According to research commissioned by the CMA in 2018, 77% of UK businesses admit to not understanding competition law, with 79% of respondents stating that they regularly meet with rivals in social situations. Emma said: “It’s important that businesses understand the rules. An anti-competitive arrangement can be reached informally over a beer – it doesn’t need to be documented by a formal, written agreement. The informal nature of some business deals, coupled with the lack of knowledge, means that there is a real risk of crossing the line. “The CMA can investigate if it has reasonable grounds to suspect there has been anti-competitive behaviour. The investigation itself can be stressful as the CMA can demand information (backed by sanctions of a fine if the request is not complied with), attend premises unannounced and require that questions are answered by any person connection with the business – from temporary staff, through to the MD. “If competition law is found to have been infringed, the consequences are serious and can damage a business as well as an individual’s career. Companies can be fined up 10% of their annual worldwide turnover, individuals can face prosecution, and directors can be disqualified. Businesses can also suffer reputational damage. “Proactive compliance is essential. It’s important to make sure that your business has a written competition law compliance policy and detailed staff training programme in place. A major risk factor is a lack of internal competition law awareness within a business, so these are vital to avoiding serious penalties. “If you think you or your company might have been involved in cartel activity, seek legal advice on how best to minimise liability. The CMA has a leniency programme – this allows a party to anti-competitive conduct to avoid fines and prosecution in exchange for reporting the arrangement and cooperating with the investigation.” Another firm, Calder Industrial Matters, remains under investigation in relation to one of the arrangements and continues to strongly deny the allegation. In its provisional findings, the CMA alleged that Associated Lead Mills, BLM British Lead and Calder Industrial Materials – which together account for about 90% of the rolled lead market and were former members of the Lead Sheet Association – entered into a cartel to share the market among themselves. However, the CMA has now revised its provisional findings stating that there was not a single overall cartel arrangement but four individual arrangements that broke competition law. For more information on resolving commercial, business and intellectual property conflicts, please visit www.nelsonslaw.co.uk/business-disputes or call 0800 024 1976.

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LEADING BUILDING COMPLIANCE AUTHORITY WELCOMES ‘VITAL’ NEW SPRINKLER THRESHOLD

Leading safety and building compliance authority, Bureau Veritas, has pledged its full support to the government’s recent introduction of a new 11m threshold for sprinklers – asserting it marks a vital step forward in the journey towards enhanced fire safety regulation. On 26 May 2020 the UK government released the inaugural phase of its Fire Safety Approved Document Work Plan; the important implementation plan based on Hackitt report recommendations designed to create a new regulatory framework for building safety. As part of this, the government announced updates to the Building Regulation in Approved Document B whereby the current trigger height for sprinklers in new residential flats will be replaced from 30 metres (typically 10 floors) to just 11 metres (typically four floors). This significant reform means that any new flat developments with a floor at the new threshold will be required to be fitted with a sprinkler or alternative fire suppression system. Importantly, the requirement, which comes into effect on 26th November 2020, will only apply to projects lodged before this time and that have not started ahead of the official cut-off date of 29 January 2021. Alongside this, the government also recently announced the new requirement for wayfinding signage in flat developments in stairs and lobbies to assist firefighting operations. Looking ahead, further regulatory reforms are expected to follow later in the year to include the consideration of Evacuation Alert Systems and potentially the introduction of a new 11 metres height requirement for firefighting shafts, as opposed to the current 18 metres. Andy Lowe, technical and training director for Bureau Veritas Building Control, comments: “Following an ongoing consultation period, we are in full support of the government’s decision to considerably lower the threshold height for the provision of sprinklers in new flat complexes, while also including the provision of storey identification signage in staircases to assist wayfinding for firefighters. “While these may seem relatively simple changes, they are incredibly important ones which will go a long way in helping ensure that residents are safer in their homes and that more adequate preventative measures are in place should an incident occur.” In response to the new Approved Document B Fire Safety, Bureau Veritas, a leading global compliance, testing and inspection expert in building compliance, is holding a specialist webinar specifically designed to support the industry in understanding the changes. To be held on 17 June 20 , the free webinar will see the business’ expert Construction Consultancy team cover a range of important fire updates covering the combustible cladding ban, assessments in lieu of testing, new cladding requirements, and more. Andy adds: “Inherently, amid the ongoing transition towards the creation of a much more holistic and robust future fire safety framework, there will be a lot of change for the building industry to get to grips with. As such, as part of our ongoing commitment to supporting customers operating in this sector, both existing and new, we have developed a new webinar designed to provide a quick and convenient overview of the latest changes and what they mean for them. We’d urge as many customers as possible to attend what promises to be an incredibly valuable session.” To register your interest in the upcoming ‘Approved Document B: Understanding Fire Safety Changes’ webinar please visit https://bureauveritas.zoom.us/webinar/register/1015907514985/WN_VbUnwR1PTFSE-UkgeGA6vQ. Alternatively, for more information on Bureau Veritas please visit www.bureauveritas.co.uk.

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Excello Law welcomes back Worcestershire commercial property lawyer Robert Sprake

Commercial property lawyer Robert Sprake, based in Worcestershire, has rejoined national, new-model firm Excello Law bringing with him over 25 years’ experience of commercial law and major real estate transactions. Qualifying in 1992, Robert developed his legal career at Wragge and Co in Birmingham for eleven years, before heading up the commercial property teams at two firms in Worcester. After initially joining Excello Law in 2012, Robert left in 2018 to pursue opportunities elsewhere, but has rejoined full-time, acting for property investors, developers and landowners, landlords and tenants in all aspects of their portfolios.  Robert is also qualified as a Notary Public to offer an additional service to his international clients. Robert has a particular interest in Church law as from 2005 to 2012 he was assistant to the registrar for the Diocese of Worcester, being appointed deputy registrar in 2009. In addition to being responsible for dealing with the Diocesan commercial and agricultural property portfolio, he was also involved in advising Bishops and Diocesan Officers generally on ecclesiastical law issues, charitable law aspects, trusts law and the application of new legislation to the work of the Diocese. On coming back to the firm, Robert commented: “I am so happy to be returning to Excello to work closely with my current and future clients as we navigate these strange times together.  Thankfully, already we are starting to see new opportunities materialising in the real estate world and being on hand to provide partner-level timely and commercially sensible advice has never been more important.” Joanne Losty, director at Excello Law, said: “We’re delighted to welcome back an old friend of the firm. We’ve enjoyed a buoyant spring in terms of recruitment as our fully agile business model continues to offer partner-level lawyers the freedom and flexibility to develop their practice.”

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Is Asbestos testing required by law?

One of the main questions when it comes to asbestos is if asbestos testing is required by law. In many cases, asbestos testing is a legal requirement.  Occupying or working in a building that hasn’t had an asbestos survey might mean you’re breaking the law.  The whole point of an asbestos survey is that you know if your building is safe to occupy, or that your renovation/demolition is safe to do. Having this information can not only save your life but save the lives of other people working or living in the building. Exposure to asbestos usually happens when the person responsible for the property didn’t have an asbestos test completed. There are legal requirements for asbestos surveys, but there are also instances that you are not required to have one completed. For clarity, here are the areas where you will need asbestos testing: Property built before 2000 and; A public area of a domestic building or, Construction work or, Non-domestic buildings. The age of the building will be one of the deciding factors. Any building that predates the year 2000 has a high chance of containing ACM (asbestos-containing materials). Asbestos was a popular material used for construction. It can often be found in insulation, sheeting, rainwater goods, partitions, doors, ceiling panels, vinyl tiles, and many more places within the home or commercial building.  You are unlikely to be able to tell if something is asbestos just by looking at it. Which is why an asbestos test will become your first line of defense. Asbestos fibers are tiny, and when they are disturbed, they cause many asbestos-related illnesses.  For asbestos testing, a sample of the material will be taken and tested in a lab. This will be able to tell you if the material contains asbestos and the amount and type.  For non-domestic public buildings – schools, hospitals, and offices, here is the Control of Asbestos Regulations.  3. To manage the risk from asbestos in non-domestic premises, the duty holder must ensure that a suitable and sufficient assessment is carried out as to whether asbestos is or is liable to be present in the premises. 4. In making the assessment—  such steps as are reasonable in the circumstances must be taken; and  the condition of any asbestos which is, or has been assumed to be, present in the premises must be considered. The Control of Asbestos Regulations 2012 Duty to manage asbestos in non-domestic premises For part, domestic buildings, with public/shared spaces: The ‘duty to manage asbestos’ requirements of regulation 4 of CAR 2012 do not normally apply to domestic premises. However, the requirements do apply to common parts of premises, including housing developments and blocks of flats […]. Examples of common parts would include foyers, corridors, lifts and lift shafts, staircases, boiler houses, vertical risers, gardens, yards, and outhouses. HSE Asbestos: The survey guide pg.9 For a domestic residence, the landlord or owner is responsible and should ensure that when there is a suspicion of asbestos or renovation work to be carried out, they provide that a risk assessment is carried out. Failing to do so can mean a landlord can be prosecuted. 

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Court beckons for all landlords with damp property, warns Safeguard

Since March, all tenants – whether in private or social accommodation – can now sue their landlords if their homes have health-damaging defects. This is thanks to the Homes (Fitness for Human Habitation) Bill 2017-2019, which came into force for new tenancies from 20 March 2019 and, from now, applies to existing, historic tenancies too. “Landlords have had 12 months to consider the implications of the act”, says Hudson Lambert, managing director of Safeguard Europe – the UK’s leading specialist in damp and waterproofing, and masonry repair solutions – “and they’re running out of time to improve these properties before the law starts to bite. Our advice to any that haven’t done so is to assess properties as soon as possible and make the necessary repairs or modifications. No one should be living in homes that are damaging to health.” The Act sets out a raft of issues which, if defective, could cause harm to tenants, including proper ventilation and freedom from damp. The presence of damp and poor ventilation can both promote mould growth, and the relationship between ill health, damp and mould and the negative impact on respiratory health are well established. The English Housing Survey 2018-2019 found that 7% of private rented dwellings and 5% of social housing had some sort of damp problem. In certain sectors, that figure appears to be much higher. Research by the National Union of Students published in February 2019 found that 35% of students were living in rented accommodation with damp and mould. Previously tenants with damp and mould problems could attempt to legally address them by pursuing a statutory nuisance notice with local authority environmental health officers. However, the response to council intervention from landlords has often been to begin eviction proceedings against the tenants, which deterred tenants from complaining. Under the new regime, tenants can sue landlords, not only to force them to fix health-damaging defects, but also for compensation. The courts will decide on the timeframe for any required works, and what the level of compensation will be. For landlords and their advisors seeking expert advice on damp, Safeguard offers a CPD seminar programme on the major causes and effective treatments.  The headline CPD, the RIBA-accredited Dealing with Dampness, is an overarching introduction to the problems of rising and penetrating damp that will give landlords, specifiers, builders and others enough information to help them tell the difference between the two and determine sources, while giving options on how to act to cure the problem. For details of Safeguard’s CPD programme, visithttps://www.safeguardeurope.com/training-courses/cpd-seminars

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How will buildings change post Covid-19?

There will be a need to repurpose and redesign buildings, as well as increase space as a result of the current global pandemic, according to a growing number of industry insights. The healthcare, pharmaceutical and food industries, being on the front line during the Covid-19 crisis, have already experienced an immediate upsurge in emergency construction for more space. Belfast City Hospital is a good example, where an entire tower block has been repurposed; and in other cases, requirements have included isolation rooms, clean manufacturing and storage. These ways of immediately tackling a crisis tend to lead to changes that impact forever; things simply do not go back to how they were. So, as the situation plays out, there is likely to be a need for greater space, enabling individual workers to distance themselves safely from colleagues and site visitors.  In the food industry, for example, people often work shoulder-to-shoulder, and Klipspringer’s blog, ‘Just How? Social Distancing in Food Factories’ suggests a number of measures to improve safety, including strong ‘Keep your Distance’ signage which demonstrates the need to keep two metres apart, and “Additional entrances and exits…to spread out the people flow, with additional doors available and a turnstile entrance and exit system. This doesn’t just mean in and out of the factory, but from area-to-area.” Klipspringer also suggests factory zoning and physical segregation barriers, all of which could suggest that more space would be an important part of the solution in many factories. Kerry Foods ‘Insights’ blog ‘6 Lessons from China’s Recovering Food & Beverage Sector after Covid19’ says there will be more “Demand for visibility on product sourcing and safety,” and that the industry will be “more keenly aware of strict hygiene and food safety.”   Foodnavigator.com says the same in its ‘Market Trends’, “Food safety has attracted significant concern from consumers, who want to know whether the coronavirus can be transmitted by imported food…”, which surely will create the need for food producers to take, and promote, measures to allay these fears. This is highly likely to include the ongoing need to keep individual workers distanced from each other, an area that has not up until now been a necessary consideration in most manufacturing environments.  In the UK over the last few decades, as a nation we have gradually lost a lot of our ability to produce goods in an effort to keep reducing costs. Many reports suggest that there is likely to be a strategic move to rebuild domestic manufacturing in order to improve our self-sustainability, flexibility, and our ability to react to crises in the future. So, even though for some manufacturers, demand has ‘dropped off a cliff’, leaving them with the same operational costs without the sales in the short term, in the medium-to-long term it is likely that there will be a resurgence in the sector. Chris Griffin, Commercial Manager at Hemsec said, “Whilst automation is going to increasingly develop not all processes can be automated.  Manufacturing still requires humans to be part of the process including being physically onsite to run, maintain and repair machines, as well for those processes that a person still needs to do.  Commercial teams and contractors will still need to come onsite from time to time as well as.  This means space management is going to become part of our business continuity planning, not just a nice to have.  In all of those areas where businesses have critical functions where people need to be involved, including customers, the distances between those people will now need to be reconsidered to plan for a business being able to continue working safely through any similar public health crises in the future.”  Increasingly, organisations may require business continuity facilities and, in some sectors, emergency health centre/isolation rooms, but more than that many manufacturers may need to expand their buildings to accommodate the increased distancing mentioned above. Our current factory was built using some of our products over 50 years ago, we have extended it over the years.  The Hemsec composite panels, both steel and timber faced, are an excellent way to quickly create a dry, temperature stable extension on to a building with fewer civil engineering requirements. As a manufacturer ourselves, we understand the need to have high quality supply readily available, and we are committed to ensuring our customers get what they need. If you foresee a high level of demand, let’s start a conversation now, with a view to developing a supportive supply partnership to meet your needs when the time comes. Please email us at contact@hemsec.com or call +44 (0)151 426 7171

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“Science first”, “fact-based” approach to Fire Safety Bill required, says Jeremy English, Södra

Unfortunately, no current conversation about timber is complete without comment on the government’s catch-all ban on combustible materials. At the end of 2018, as part of fire safety improvement measures intended to prevent another blaze like that seen at Grenfell Tower, the then Housing Secretary, James Brokenshire, introduced new legislation banning combustible materials on new high-rise homes above 18m. In late 2019, Housing Secretary Robert Jenrick called for the height threshold for combustible materials to be lowered to “at least 11m” (or typically anything less than three storeys in height). The second reading for the Fire Safety Bill – with the lowered threshold included – took place on 29 April. A date for the committee stage is yet to be announced and the consultation deadline has been pushed back to 25 May 2020 due to the COVID-19 crisis. Architects, builders, suppliers of structural timber and many others passionate about the good that wood can do for this country, are now rightly concerned about what the future holds for multi-storey timber buildings. All while many other countries are passing legislation to promote the use of more timber products in construction. While there’s no question that the Fire Safety Bill is intended to enhance occupant safety, we mustn’t lose sight of timber’s inherent qualities as a building material; benefits that have made it an increasingly popular choice for structural components. It’s easy to transport and modify, it minimises noise pollution on site and it’s highly cost-efficient to produce and use. We as an industry are calling for an objective investigation; one led by facts and science rather than emotion. To quash the use of wood in structures over 11m would be to fly in the face of the sustainable evolution that the construction industry and, more importantly, the nation so desperately needs. Indeed, in its November 2019 report, the All-Party Parliamentary Group for the timber industries said: “Without using safe structural timber we cannot meet these targets [the government’s net zero carbon commitment] and we will fail to address the construction industry’s contribution to climate change.” A more sustainable, decarbonised economy can allow the planet to repair itself. The building materials we choose can be a key contributor to this. To choose timber is to choose a building material that would not adversely impact or inconvenience the way we live our lives; a material that can help build a more sustainable future. Responsibly managed forests have always been the earth’s air cleaners and will continue to be so forever. And a by-product of responsibly managed forests? High-quality, sustainable timber; timber that has already taken from the air and locked away decades’ worth of harmful CO2. Andrew Waugh of Waugh Thistleton Architects – one of the UK’s leading proponents of timber construction – summed it up brilliantly earlier this year: “The reality is the evidence says we’ve got 12 years left to sort out climate change – we’ve got to start changing the way we do things. And we’ve got to keep pushing the message about the safety of CLT. It’s not only quicker to put up; it’s safer, healthier, lighter and locks away carbon.”

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‘Stop the Cowboys’ roundtable backs calls for a licence to build

Key influencers within the UK construction industry have called upon the government to take action against cowboy building contractors by consulting on an industry-wide licensing/certification scheme to give end-users a recognisable mark of quality and trust. Each year more than £8 billion of building work fails to meet appropriate quality standards and has to be repeated or repaired. Anyone can set up as a builder and there is no requirement to register with recognised trade bodies or quality assurance schemes.  It is this situation which the British Board of Agrément (BBA), working with Westminster Sustainable Building Forum (WSBF) wants addressed, with the organisations convening a ‘Stop the Cowboys: Certification in Construction’ roundtable at the House of Commons. Ken O’Sullivan, Head of Audit and Inspection at the BBA, outlined some of the issues at stake: “The Grenfell Tower tragedy highlighted the urgent requirement to improve standards. The Hackitt Review drew attention to the lack of skills and experience of those involved in the construction and maintenance of Higher Risk Residential Buildings. A licensing and/or certification scheme for all contractors would allow for a level playing field to avoid competent contractors being undercut by competitors that are not registered with a recognised scheme.” The BBA is the UK’s leading product certification, testing and inspection organisation and operates Approved Installer schemes across certain sectors of the construction industry, allowing companies to demonstrate compliance with industry standards. It is already working with the Federation of Masters Builders (FMB) – the largest UK trade body representing the interests of small and medium-sized construction firms – to vet new federation members.  More than 75% of FMB members have given their backing to a licensing scheme to professionalise the industry, protect consumers and sideline unprofessional and incompetent building companies. The federation is also part of the ‘Construction Licensing Task Force’ which is examining how a scheme would work. “The proposed model is for a scheme governed by a single body but integrated within existing structures to minimize administrative burden,” said FMB Chief Executive Brian Berry. The roundtable, chaired by Helen Hayes, MP for Dulwich and West Norwood, made three recommendations: * Government should consult on an industry-wide licensing or certification scheme backed by a single body (such as Trustmark) or via existing Notified Bodies or UKAS-accredited organisations. * The scheme should adopt a ‘quality mark’ that consumers can look for. * Industry should work with lending/conveyancing sectors to back the scheme, with sales and home improvement loans tied to the use of a licensed contractor.  In addition, attendees agreed that the Homes, Communities and Local Government committee should review proposals for a mandatory licensing or certification scheme and the government consult via a Green Paper. A roundtable spokesman said: “Consumers find the variety of competency frameworks currently on offer confusing. As a result around one third will enter the black market when commissioning home improvement projects. There should be a single, recognisable brand to demonstrate quality, with different trades covered beneath this. Trustmark is already working with key stakeholders such as the BBA, FMB and Homes England to put together a framework that supports this but consumer buy-in will be instrumental to making this viable. “The current system is layered and allows for passing of responsibility between developer, contractor and manufacturer. Consumers find it difficult to determine which party has responsibility and often have very little redress when things go wrong. Costs for joining a mandatory licensing/certification scheme could be as low as £150 for small companies and there has been little opposition from FMB members. However, there has been some reluctance from larger contractors as they wait for clarity on how the scheme would be executed.”

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