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The Building Regulations

A housebuilder/developer client became concerned that proposed changes to the Building Regulations, to bring them in line with emerging Eurocodes, could have a major building cost impact. The change proposed was to extend the requirements of progressive collapse, intended for high rise buildings, to traditional bricks and mortar buildings, five storeys and under. Rush partner, Jonathan Rush, worked closely with the client to produce a convincing case, including comprehensive cost estimates, and commenced a programme of lobbying key ministers and advisers in the ODPM, Cabinet Office and HM Treasury. The key messages were that the proposed change was not justified on safety grounds, was costly, would threaten the government’s own PPG3 strategy, and might be perceived as unnecessary EU regulation. The ODPM has reworded the proposed changes to the Building Regulations which, in effect, retain the existing exemption for low storey homes.

 

The Nolan Committee

The Nolan Committee was set up in response to high profile accusations of sleaze; there was a widespread assumption that this was an attempt to knock the issue into the long grass. As a senior member of the committee secretariat Rush partner, Peter Rose, advised that it was essential that there was a clear and open process of consultation involved in reaching a view on specific issues.

The committee agreed to a process for its first investigation that has subsequently been agreed in all future studies: Preliminary research by secretariat, including first contact with known stakeholders; publication and widespread publicity for paper setting out the issues and questions as they appeared to the committee; further identification of and contact with stakeholders; open public hearings; drafting of report and further contact with stakeholders

Media comment was almost universally positive about the rigour of the process.

 
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