Building control: how to reduce compliance risk and keep projects moving

Build Up Podcast – Episode 6: Building control: how to reduce compliance risk and keep projects moving

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Amy Voce: Hello, I'm Amy Voce, and you're listening to the Build Up podcast, brought to you by the Federation of Master Builders. I'm joined, as always, with my trusty co-hosts - Aidan Cropper, Managing Director of IPSUM Limited in Nottinghamshire, and David Gutierrez, Director of Nest Building Group in Surrey - both proud FMB member companies.

Today, we're talking about working with building control and how that relationship has changed in recent years. For many builders, expectations around compliance, inspections, and sign-off feel very different. The Building Safety Act has raised new questions, particularly in England and Wales. Don't forget to subscribe so you never miss an episode.

PART 1: The Building Safety Act - What Builders Are Most Concerned About

Amy Voce: For the first part of today's episode, we're joined by Peter Atkins from AS Homes and Construction and Victoria Collins from Kings Rock Construction - both FMB members who recently brought builders together to discuss concerns around the Building Safety Act. We're also joined by Peter Keates from LABC, who will help explain how building control works from the regulator's point of view.

Later in the episode, we'll be hearing from Pam Wilson from Kevin Wilson Master Builders, who'll share a Scottish builder's perspective.

Peter and Victoria - you recently hosted a session with builders about the Building Safety Act. What are they most concerned about?

Peter Atkins: Mainly it's clarity - over what the defined roles are between principal designer and principal contractor. There's a feeling that, in a lot of instances, builders are being forced into a role they haven't signed up for, or shouldn't really be held accountable for - and that's the principal designer role.

Amy Voce: And Victoria?

Victoria Collins: I'd second that. There's also a lack of collaboration. Before, it was about communication - having conversations on site, discussing things. Now it feels more like: is the box ticked? And that's not helpful.

Amy Voce: Do you think builders are now clearer on what's expected from them?

Peter Atkins: They understand it. But they still need clarity - not hand-holding, but clarity. And I don't think it's just the builders. There's an issue across the whole industry - with architects, with clients understanding their role. It shouldn't just be focused on builders.

The Building Safety Act: A Challenge Across the Whole Industry

Amy Voce: Aidan and David - does this match what you're experiencing in your businesses?

Aidan Cropper: Absolutely. The Building Safety Act is only going to evolve. It takes a disaster to drive improvement, and these are challenges we're facing day to day. We have to upskill and stay on top of all the guidelines. Building control will be on top of it before us, and we have to support each other.

David Gutierrez: For me, I've spoken to building control officers about this before. Everything that happened with Grenfell - I think it was absolutely the right thing for change to happen. But for small builders, there are a lot of grey areas that just aren't quite working yet. We're in a constant battle with architects - in the nicest possible way - over who takes the principal designer role.

Some projects involve a portion of design responsibility within the contract. But then when it comes to sign-off - where does that leave us? We've actually got a project right now where the architect has bluntly said he won't sign it.

Victoria Collins: The issue is, it's not just high-rise buildings. It's every habitable building. And it's about understanding what materials are being used - not just insulation, but loads of different aspects. Sitting down with an architect and working through the design builds a relationship and makes sure there are no flaws - because ultimately, we're talking about someone's life.

Grey Areas: Who Is the Principal Designer?

David Gutierrez: The challenge is that on most projects - large extensions, loft conversions, one-off new builds - the architect is nowhere to be seen. They've done their job, passed on the tender pack, it's gone to building regulations, and then they've disappeared.

That leaves a huge grey area. The Building Safety Act wasn't watered down or tailored for the small builder. And then at the end of the contract, the principal designer says: "I'm not signing that." And it's left to the builder to argue their case - often with a completion payment tied to it.

Peter Atkins: The contractor holds that responsibility regardless. We're told what to do to a degree, but the pressure ultimately falls on the contractor. And what's changed - what we were discussing, Victoria - is the insurance side. Previously, maybe nothing really changed in what we were doing, but everyone's now more aware of the responsibility to be insured. Builders are taking design decisions all the time - changing a spec, substituting a lintel - and at that point, you've taken a design role.

Victoria Collins: From an architect's point of view, as soon as anyone puts pen to paper - whether it's a building surveyor who's done it on the back of a fact pack, or a builder saying "you don't need an architect" - you are the principal designer. You've designed it. You've taken that role without even realising it. That's the bit that needs clarity.

The Changing Role of Building Control

Amy Voce: A big theme we've been hearing is that building control's role feels very different now. Is there less guidance during a build?

Aidan Cropper: When I started out, my building control officer was like a mentor - absolutely incredible. Not necessarily telling me what to do, but guiding me through it. We had a really strong relationship and good communication. I wanted to do the right thing, and he was the person I'd turn to. You're doing elements of work you may never have done before, and that guidance on building control compliance was invaluable.

Now, it feels a lot more like sink or swim.

David Gutierrez: Exactly. Even 15 years ago, I had a brilliant building control officer - not just a mentor, a collaborator. We were working together. And you respected that he had authority over you, which was right. But now, they simply can't give you advice. A lot of contractors don't get that, so they're pushing back on building inspectors - and I feel slightly sorry for those inspectors, because they're restricted.

Peter Atkins: They're there to tell us what we're doing wrong. That's essentially it. They're not there to acknowledge when we're doing something right. You might get a good one who'll point you to a resource. But when they used to come to site, they'd say "what are you doing over there? That doesn't look right" - so you were prepared, rather than coming and then being told to stop and delay the project.

The Impact on New Builders and Smaller Firms

David Gutierrez: It keeps coming back to communication. There has to be continuity. The architect can't just dump drawings on the ground and walk away.

For established businesses, it's fine - we know what we're doing. But if you're just starting out, I can't imagine how you'd get on now. That support was such a big part of my development. It's horrible to think you might be doing something wrong.

Aidan Cropper: In domestic work, it just doesn't seem to happen. On commercial work, the communication and oversight are there. On domestic, you're more on your own. If I was approaching becoming a builder now, it would feel quite scary. Now it's all about retaining your own records - taking photos, using tools like Timemark, giving clients a complete file. Doing a minimum of 200 to 250 photos per project.

Peter Keates (LABC): Why the System Changed

Amy Voce: Peter Keates - Peter, can you help explain why building control now operates the way it does?

Peter Keates (LABC): There is legislation now. The role of the building inspector changed massively from October 2023. Building inspectors are now required to register and prove their competence - managed by the ICC. That will expand over time across the industry.

The roles of duty holders - client, principal designer, principal contractor - are clearly set out in Part 2A of the building regulations. That's changed how building control behaves. They can still guide and point people in the right direction, but there is a conflict of interest if they design - and that's now clearly prohibited.

Beyond that, the Building Safety Act is just one piece of legislation. There's a whole host of secondary legislation around enforcement, information submitted with applications, and those compliance and sign-off documents that are causing so much discussion.

Key Concerns: Materials, Specifications, and Admin

Amy Voce: Peter and Victoria - what are you seeing cause the most concern or confusion for small builders?

Peter Atkins: It's those grey areas. The pushback isn't so much from building control officers - they're quite clear on how things should operate. It's from architects and structural engineers trying to push design responsibility onto the builder.

Victoria Collins: Definitely. I'm doing my dissertation on the Building Safety Act right now. I put out a questionnaire and the biggest issues that came back were admin, extra paperwork, and time delays. And the inconsistency - builders doing the same job in different areas being told different things. No one's on the same page.

We had a situation recently where detailed drawings specified "thermal blocks" - but which ones? Celcon, aircrete? We approached the architect for clarification, and they charged the client to tell us what those blocks were. That created conflict between us and the client. The architect should be providing that information upfront, transparently, including any additional charges.

Peter Atkins: It's basic specification on drawings. Celotex and Kingspan are completely different products. If you're specifying, you need to say exactly what you're using and why. There's also going to be a huge hike in PI insurance costs because builders are having to provide so much more information and take on so much more responsibility.

Peter Keates (LABC): Building control used to say "that product is an acceptable substitute" - and now that's someone else's responsibility. There's a piece of work the industry can do with suppliers and manufacturers. And for small builders, you might want to have a rule: no substitutions of products. If something needs substituting, follow a process and put the onus back on the designer.

Victoria Collins: Builders' merchants need to be part of this too. If you specify Celotex, and your merchant gives you Recticel instead, you might not challenge it - but someone could hold you accountable for that.

Compliance, Documentation, and What Builders Can Do

Peter Atkins: Architects have provided their drawings and shut the door. Builders are left holding the baby. It comes back to that clarity and communication - architects should be coming back to site, checking what's happening. Some do. But some clients won't go with them because they're more expensive.

David Gutierrez: The admin side and the daily site challenges - having to document and record everything - is now constant. It's very easy to move from one element to the next without stopping to take images, document everything, and back it all up. That really wasn't expected to this level even just a few years ago.

Peter Keates (LABC): What Can Builders Do to Help Inspections Run Smoothly?

Amy Voce: Peter - having heard all of this, how can builders help inspections and approvals run more smoothly?

Peter Keates (LABC): Set out at the start what your role is, what the designer's role is, and have that information ready when you contact building control. Make sure the site is ready when they arrive.

When I was a building control surveyor, we'd offer same-day inspections. That's not possible now - the resources simply aren't there. But building that relationship and understanding why building control can't be the designer - that clarity is important.

Records and pictures shouldn't be a substitute for proper process, but they certainly help - for your own retention and for your clients. And if you want to ask building control to look at something beyond their scheduled inspection, have that conversation. They won't give you a design answer, but they can at least be aware.

Licensing, Competence, and the Future of the Industry

Aidan Cropper: Once this industry gets regulated and we become licensed, the government will need to invest in making it work - but it's going to save a lot of bother. When you're licensed, like gas safe, you sit a test. It'll be something similar. It will keep us up to date with changes in legislation and regulation - and ultimately, everyone's job gets easier.

Peter Keates (LABC): You're right about consumer confidence too. The changes that have been made - even with all the grey areas - are starting to mean something to consumers. They understand that something has happened, and it's our job to educate them. That sets us apart from builders who can't offer the same competence or insurance.

Victoria Collins: Clients are still often going with whoever their neighbour recommends, not using the FMB or CIOB. Builders are providing full detailed tenders, and then someone without PI insurance, not FMB-registered, wins the job because they're cheaper. We're doing all the Building Safety Act compliance, taking all the photos - and we're also firefighting to survive in the current market.

Aidan Cropper: We're prepared to expand, pay the overheads, take on the extra PI insurance - and then a one or two-man band comes in and undercuts us. That's always been part of our industry. There's nothing wrong with small operators - there's a place for everyone - but they need to understand and implement the legislation too. What came out of the webinar was that we need to be careful not to penalise good builders with admin that's going to keep on increasing.

Regulatory Frameworks: What Should Be Reasonable?

Peter Keates (LABC): The guidance under the regulations does distinguish between large and small contractors. But fundamentally, it's about individual competence - not the size of the business. We've been working with government, and we've taken on about 200 trainees who follow a detailed programme - one day a week and one day self-study - with experiential learning in local authorities. It takes between 12 and 18 months to reach Class 2A, the lowest registration level. Many are now going into permanent roles and starting to fill those resource gaps.

David Gutierrez: Organisational capability is the other side of that. If you put competence and capability together, you start to see improvements. The pressure on building control is the same - more information to submit, more processes to go through - in an industry that's difficult to recruit into and has significant resource gaps.

PART 2: A Scottish Perspective - Pam Wilson, Kevin Wilson Master Builders

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Amy Voce: Now, the system works differently across the UK, so let's turn to Scotland and hear from a builder working within that framework. Pam Wilson from Kevin Wilson Master Builders - thanks for joining us. What are the main challenges dealing with building regulations in Scotland?

Pam Wilson: We do it differently in Scotland. We don't have the Building Safety Act as it applies in England. We have a warrant system - building standards - governed by 32 different councils. It's public sector. You must obtain a warrant before you begin building works. It's an offence not to.

You submit your plans, you've got three years to complete the works, and it's up to you as the contractor to provide the details to your appointed building control officer. There are still inconsistencies - like any industry - but building a good relationship with your architect and engineers helps enormously. The warrant drawings are there as your guide. It should be plain sailing, but there are always issues.

The Scottish Warrant System Explained

Aidan Cropper: Pam, does obtaining the warrant essentially confirm you're adhering to building control - and is that when the warrant is issued?

Pam Wilson: Yes. It goes to building standards, you get the warrant approved, and any specific requirements around, say, foundations or drainage are set out. When the build starts, you bring out the building control officer at the appropriate stages. And I'd highly recommend documenting everything yourself - videos and photos. That's your protection. That's your get-out-of-jail card.

The warrant drawings are your guide, signed off by your engineers and architects collectively. Everything is there upfront, right down to your electrical and plumbing spec.

Aidan Cropper: That's brilliant. The whole nation should be looking at this.

Pam Wilson: We do it better - I'm not speaking out of turn, I think. [Laughter] But because it's all there in black and white, it's a good foundation for anyone wanting to progress in the industry.

Changes, Amendments, and Consistency Across Scottish Councils

Amy Voce: If things change during the build - client changes their mind, unexpected foundations - can you adapt?

Pam Wilson: Yes. You put in an amendment to the warrant and it goes into your pack at the end when you submit your completion certificate. It's to and fro - the building control officer comes round, they walk through. You might fail on something small, but it's not the end of the world. You rectify it and carry on.

Amy Voce: Is there consistency between local authorities?

Pam Wilson: There are inconsistencies - there are 32 different councils, and like any industry, they're struggling to recruit. Some are less experienced with the system. But between builders with 30 years' experience and good architects, you can usually navigate that.

Some councils won't come out to site and will just say: "Submit the photos." Others are over and above. But ultimately, the rules are there for a reason - to safeguard the client. And that's what I value most in my business - my clients know they're getting the best because I'm doing the best job.

Documentation, House Passports, and Digital Records

Pam Wilson: Where the responsibility and risk sits for builders - our liabilities are our insurance anyway. But if you do work without a warrant and go to sell the house later, you have to go back and get it signed off - or you can't proceed with the sale.

Amy Voce: Is there indemnity insurance available to cover that in Scotland?

Pam Wilson: Some clients can get it, but if you have no documentation at all and it's 20 years later when someone's bought a house not realising an internal wall was structural - that's where documentation becomes absolutely critical.

Aidan Cropper: You take loads of pictures now. Because everyone is going to have to do it. And eventually, it will be a house passport. A passport for the home.

Pam Wilson: I was involved in a pilot scheme through Glasgow University looking at exactly this - how we improve documentation, doing it digitally. The key is it can't be doctored. You take your video, log it, send it to the council. It's there. Clean and clear.

Aidan Cropper: And once EPC ratings drive consumer action - once a house can't be sold because it's below a C rating - people will have to invest in improvements. It pushes the whole conversation forward.

Collaboration, Architects, and the FMB

Pam Wilson: Security and trust is what we're selling to the client through the FMB. You're getting value for money, done safely, correctly, with no nasty surprises in 20 years when you come to sell.

Amy Voce: What advice would you give builders on maintaining good working relationships with regulators?

David Gutierrez: Build relationships. Stick to your guns, go back to your architects, and make sure you've got the insurance. On PI specifically - it's quite difficult for builders to get professional indemnity because we're not formally accredited in the same way. There's a product called a "construct and build" policy - FMB Insurance knows all about it. It was difficult to get initially, but it's worth having.

Pam Wilson: The client needs insurance too. They often don't realise that their home insurance changes when building works are underway - especially if they're overseas. That's a key education point.

David Gutierrez: With the consumer, it's important they understand the role we play - which is the biggest role. And it would be good to go back to a time when building inspectors were more collaborative. The fees have gone up, but the service has reduced. If we could pay a little more and get a bit more guidance - but that's public sector, so it's not entirely within our control.

Design and Build, Younger Architects, and Changing Relationships

Pam Wilson: There's an increasing emphasis from architects to push design-and-build contracts onto builders. Once you're in a position to take on design and build, you should - because you're taking on those responsibilities anyway. And working with a really good architect makes it so much better. In my opinion, younger architects are more collaborative and moldable. Having those conversations, rather than old-fashioned hierarchy, is changing things.

Amy Voce: Do you provide drawings under your company name?

Pam Wilson: We do it together. We sit with the client, have design meetings, work through everything together. My architect will say "you can't do that" and we'll work through why. It's like a close subcontractor relationship. And talking to the client - explaining why you might be a little more expensive - is vital.

Final Advice and Closing Thoughts

Amy Voce: Guys, we've got to wrap up - but what's your final advice for builders on working with regulators?

Victoria Collins: Have a document you can give clients - this is why we might be a little more expensive, this is what we're responsible for, this is what you need to look for. A tick-list: is the architect RIBA-registered? Is the builder competent? It's education for the consumer.

Peter Atkins: Improving the industry isn't just about builders - it's architects, surveyors, clients, everyone. And we need to do better at getting young people into the trades and changing the perception of construction from the outside.

Amy Voce: Pam, where can we find you?

Pam Wilson: On socials - Pam Wilson on Instagram and LinkedIn. I do a little Pam Cam series. And Kevin Wilson Master Builders too.

Amy Voce: Victoria?

Victoria Collins: Kings Rock Construction - and you can follow me as Big Boss Lady on Instagram. [Laughter]

Amy Voce: Peter?

Peter Atkins: Instagram: ASHomesandConstruction, and ashomes.uk.

Amy Voce: Aidan?

Aidan Cropper: ipsumuk.com - and all our socials from there.

Amy Voce: David?

David Gutierrez: nestbuildinggroup.com - find us on all socials there.

Closing Summary

Amy Voce: While the systems are different, it's clear that builders everywhere are dealing with greater scrutiny, more paperwork, and higher expectations.

Today we've heard:

• Building control expectations have changed significantly since October 2023
• The Building Safety Act has raised real concerns for builders in England around principal designer roles
• Builders in Scotland face similar pressures within a more defined warrant-based system
• Clear communication, preparation, and documentation are more important than ever

FMB members have access to professionally drafted contracts, regularly updated to reflect the Building Safety Act and clarify roles and responsibilities. Find out more at fmb.org.uk/membership.

If you've got experiences to share, email us at buildup@fmb.org.uk.

Don't forget to like, subscribe, and follow the Build Up podcast wherever you're listening. Thanks for joining us - brought to you by the Federation of Master Builders. We'll see you next time.

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