THE head of the Federation of Master Builders (FMB) in Scotland has welcomed the UK Government’s support for the creation of a new single construction regulator, but revealed that the trade body is calling for the introduction of a full licensing scheme for building companies to drive up standards and make the sector safer for both builders and clients.
A construction regulator is one of the measures announced by the UK Government in response to the Grenfell Tower inquiry to ensure those responsible for building safety are held to account. While the proposals would apply only in England and Wales, Project Scotland asked a number of stakeholders whether such a position would be beneficial north of the border too.
Gordon Nelson, FMB Scotland director, said, “A licensing scheme will ensure domestic building companies in particular have proven minimum competence. Scotland has its own building standards system and the strengths of our pre-emptive system was recognised by the 2018 Independent Review of Building Regulations and Fire Safety led by Dame Judith Hackitt. Following this, the Building Standards Division (BSD) established the Futures Board, which involves a range of stakeholders from across the construction industry, including the FMB in Scotland.
“The Futures Board is continuing to advise how the performance and expertise of the Scottish building standards system can be improved. One of the board’s workstreams includes exploring the potential for a registered contractor scheme. The FMB will lend our voice and experience as the UK’s largest trade association for the construction industry to help navigate the interplay between reserved and devolved matters as this workstream develops.
“Whilst we await The Scottish Government’s response to the Grenfell Inquiry Phase 2 Report, ultimately the purpose of the Scottish building standards system is to protect the public interest. A full licensing scheme for building companies supports and is consistent with this purpose.”
Alan Wilson, MD of electrical trade body SELECT, said that as an organisation which has always put safety first and foremost, it welcomes the call for an industry regulator and can only reiterate that this report reinforces ‘the absolute importance of regulation in our sector’.
“We have been calling for similar measures for more than a decade but despite significant cross-party support, our pleas have so far fallen on deaf ears among those who have the power – but apparently not the will – to make it happen,” he added.
“Grenfell should be a catalyst for real change and the politicians have the power in their hands to make that happen and step up and act on regulation.”
Construction consultant Len Bunton highlighted that the appointment of a chief construction adviser (CCA) to support a minister for construction was in the CICV’s manifesto for the 2021 Scottish elections – adding that he thinks this is still relevant today. The CCA would establish government cross-departmental collaboration and key agencies engagement, with a focus on delivery aligned with ‘whole asset performance’.
Michael Cairns, director at Celsius Plumbing and Heating, doesn’t believe Scotland needs a single construction regulator. “We already have Building Standards, Gas Safe, and WaterSafe, which make sure work is done properly and safely,” he explained. “SNIPEF helps ensure plumbers are properly trained, qualified, and working to the right standards, especially when it comes to water safety. If a new regulator was brought in, what happens to the ones we already have? Would they be replaced, or would businesses just be dealing with more layers of red tape? Adding another regulator runs the risk of only making things more complicated without actually improving anything.”
Neil Rogers, CEO of the Scottish Decorators’ Federation, also sees no requirement in Scotland, pointing to the ‘very different skills landscape’ north of the border and a different system of training apprentices.
Kenneth Martin, MD of Block Architects, believes that if a single regulator role managed to absorb and allow a safer and more efficient overall design and construction process, then it could be a great move. However, if it becomes another obstacle with no efficiency measure built in, then “we go even slower.”
“As I approach my 25th year as an architect, I have seen many changes in the industry,” he stated. “Again, all implemented for the right reasons and to offer control and safety measures, but we are now faced with an industry that is overcome with bureaucracy, grinding development to a halt, or at least a slow pace that I have never witnessed before.”
Marco Rebecchi, director of property specialist Bowman Rebecchi, highlighted Scotland’s separate buildings standard, which he said is generally seen as more ‘robust’ than the system in England and Wales. “However, there have still been high-profile issues, which highlighted concerns around construction quality and accountability,” he added. “There could be support for such a role, particularly if it helps improve oversight, enforce accountability, and ensure safer buildings.
“The current system in Scotland involves local authorities as building standards verifiers, but there is no single body with overarching enforcement powers. A dedicated regulator could provide greater consistency, stricter enforcement, and clearer accountability across the industry. If such a role were introduced, key powers could include stronger enforcement, a building safety complaints system and sanctions for non-compliance.
“My concern would be that any new system needs to work alongside what we already have rather than add unnecessary complexity.”
Alan Ferns, director of structural engineering at Dougall Baillie Associates, said that given the Scottish Government is still deliberating on the recommendations of the Grenfell inquiry, it would be premature to express unequivocal support for a single construction regulator in Scotland at this time.
However, if such a role were to be established, he would want it to encompass: comprehensive oversight, ensuring ‘rigorous monitoring’ of construction practices; product certification to ensure stringent testing and certification processes for materials; a chief construction adviser to advise government on building regulations and statutory guidance and bring the industry together and hold it to account; mandating licensing for contractors, especially those working on high-risk buildings, and to maintain industry competence; enforcement powers to impose penalties, including fines and work prohibitions, on entities that violate safety regulations; and establishing channels for residents to voice safety concerns.
“Ultimately, the establishment of such a regulator should aim to bolster building safety, enhance industry accountability, and restore public trust in construction practices,” Alan concluded.
