Summary of new and proposed legislation, April 2021 (UK Construction Focus)

Home
Knowledge
Summary of new and proposed legislation, April 2021 (UK Construction Focus)

Summary of new and proposed legislation, April 2021 (UK Construction Focus)

{F03B22B2-183E-4485-B881-0378A8E163EE}

April 22, 2021

Dentons' UK Construction team prepares a monthly guide to new and proposed legislation affecting the construction industry for publication in Construction Law's "state of play" table. The April 2021 update is below.

Information contained in our COVID-19 articles and publications is correct at the time of print. This is, however, a constantly evolving situation across the globe and specific advice and guidance should be sought as required.

COVID-19
Tax
Payment
Planning
Products
Environmental
Housebuilding
Achieving net zero
Infrastructure
Procurement
Building regulations
Building safety

COVID-19
Lockdown 3 regulations	On 4 January 2021, the UK entered its third COVID-19 lockdown and the government released new guidance to stay at home: National Lockdown: stay at home (applicable in England). (Applicable guidance was also issued for Wales, Scotland and Northern Ireland). In England, working in the construction industry remained a "reasonable excuse" for employees to leave their home for work purposes and allowed construction sites to stay open. The government's COVID-19 Response – spring 2021 (22 February 2021) introduced the government's roadmap out of the third lockdown, explaining how restrictions will be lifted over time.
Industry and government guidance	Industry bodies continue to publish useful guidance to assist businesses dealing with the consequences of the COVID-19 pandemic. The seventh version of the "Site Operating Procedures (SOP)" was published by the Construction Leadership Council (CLC) on 7 January 2021. The SOP provides guidance on how to protect your workforce and operate sites during COVID-19. The changes are minor according to the CLC, "including updated guidance on self-isolation and shielding and the removal of the requirement to display a QR code in site canteens". The CLC is also encouraging the industry to help those struggling to enter the jobs market and to promote virtual opportunities such as apprenticeships. It has produced an Industry Skills Plan setting out the key skills challenges facing construction and how they will be tackled. The CLC's briefing note on claims and disputes in construction was published on 11 January 2021 following concern that "businesses will become embroiled in costly and long-running disputes over the effects of COVID-19 on projects". The note addresses the industry's experience to date, focusing on the increased number of claims being rejected because of COVID-19. Initial indications have found that, whilst parties are inclined to settle an entitlement for additional time for completion, there is reluctance to agree financial losses, costs and expenses. Build UK's flowchart has been updated to reflect Public Health England's (PHE) latest guidance. It sets out what to do if a worker has COVID-19 or has to self-isolate. On 14 January 2021, the Chartered Institute of Building (CIOB) launched a new Guide for Construction Quality. Free of charge to CIOB members, the guide focuses on bringing quality to the forefront of the construction industry. This is mainly to be achieved during the site production and assembly stages but includes early identification of quality issues. The aim is to improve quality on sites irrespective of the difficulties experienced in the industry from COVID-19. On 18 January 2021, the Prime Minister launched the Build Back Better Council to "unlock investment, boost job creation and level up the whole of the UK" to boost the recovery of the UK economy following the COVID-19 pandemic and beyond. On 15 December 2021, Unite published its Construction Sector: COVID-19 guide which is aimed at union representatives to ensure promotion of good practice. It includes practical guidance on measures that can reduce COVID-19 risks on site and guidance on carrying out risk assessments.
Insolvency	As we near the end of Lockdown 3 in England, statistics released from The Office for National Statistics on 12 February 2021 showed construction output fell by 2.9% in December 2020. Recognising the unrelenting pressure on construction businesses, the government has extended the temporary measures to protect businesses from insolvency during the COVID-19 pandemic. (See Government gives businesses much-needed breathing space with extension of insolvency measures.)

Tax
VAT reverse charge in force	On 1 March 2021, new legislation came into force introducing a new VAT domestic reverse charge on construction and building services (see s55A VAT Act 1994). The new charge changes the way VAT is collected in the construction industry so that the customer, and not the supplier, is responsible for paying the VAT. For example, this means VAT-registered sub-contractors performing qualifying "construction operations" will not charge the main contractor VAT for services rendered. Instead, the main contractor will now pay the VAT to HMRC on the sub-contractor's behalf. One of the biggest challenges for construction business will be working out whether or not it applies and ensuring that systems are in place for applying it. It is important that businesses review their contracts (if not done already) to assess whether or not the services being supplied fall within the new rules. More information on when the charge will apply and how to prepare was made available by HMRC: Check when you must use the VAT reverse charge for building and construction services. HMRC has also provided a VAT reverse charge technical guide.
IR35 changes	The new IR35 tax rules for off-payroll workers will come into effect on 6 April 2021. The implementation date had previously been delayed as part of the government's COVID-19 economic response package. IR35 aims to tackle non-compliance with the off-payroll working rules, making medium and large organisations in the private and third sectors responsible for determining the tax status of contractors and ensuring that the right employment taxes are paid. (See Off-payroll working rules reforms postponed until 2021.) HMRC has published guidance to help those affected: April 2021 changes to off-payroll working for intermediaries and contractors. The shift in responsibility for assessing employment status creates extra administration for businesses which need to establish robust internal determination processes to ensure adequate determinations are carried out.
Community Infrastructure Levy	The Community Infrastructure Levy (Amendment) (England) Regulations 2021 are expected to come into force this year. The regulations enable the Mayor of London to spend Community Infrastructure Levy (CIL) receipts on repaying monies, including interest, borrowed by the Greater London Authority (GLA) or Transport for London where that money was borrowed for or in connection with the Crossrail project (the creation of the Elizabeth Line connecting the Great Western Main Line and the Great Eastern Main Line). The regulations were debated in Parliament on 8 February 2021 and the significance of the regulations were noted with the Parliamentary Under-Secretary of State for Transport stating "the Crossrail project continues to support jobs and apprenticeships right across the UK. Once open, it will transform the travel experiences of 200 million passengers a year. It will also help to deliver significant benefits to the UK economy, supporting economic growth at a critical time". If the draft regulations are agreed and come into force, they will allow receipts in London to be collected for the purposes of the Crossrail project until 31 March 2045.

Payment
Prompt Payment Code	The BEIS has amended the Prompt Payment Code (the Code) "to encourage companies to stand by small businesses": see Government tackles late payments to small firms to protect jobs. The Code "currently has over 2,800 signatories, who are required to pay 95% of their invoices within 60 days or else be publicly struck off the Code until substantial changes to their payment practices have been made". Striking off a signatory is announced by the Small Business Commissioner's Office and a record of signatories and struck-off companies is maintained on the Prompt Payment Code and SBC websites. The new, tougher rules will mean that signatories to the Code making payments to businesses with fewer than 50 employees will, from 1 July 2021, have 30 days to pay suppliers instead of the current 60 days. Other measures, which came into immediate effect on 19 January 2021, include: a requirement that CEOs/Finance Director/owners of small businesses personally sign the Code to ensure responsibility for payment practices is taken at an organisation's highest level; the introduction of a new logo to evidence signatories' commitment to the Code; empowering suppliers to charge interest on late invoices; and enabling administrators of the Code to investigate breaches based on third party information. The government is considering feedback to a consultation on Increasing the scope and powers of the Small Business Commissioner, which closed on 24 December 2020 and focused on effective mechanisms for redress for late payments.
MHCLG newsletter on recent activity	A summary of the government's recent activity in relation to the Planning for the Future Consultation, the Building Better, Building Beautiful Commission and updates to the National Planning Policy Framework has been published by the Ministry of Housing, Communities & Local Government (MHCLG) in the Planning update newsletter (February 2021). Useful links include Planning for the Future consultation, Living with Beauty (see also, below), the National Model Design Code and the supporting Guidance Notes for Design Codes amongst others.

Payment

Prompt Payment Code

The BEIS has amended the Prompt Payment Code (the Code) "to encourage companies to stand by small businesses": see Government tackles late payments to small firms to protect jobs. The Code "currently has over 2,800 signatories, who are required to pay 95% of their invoices within 60 days or else be publicly struck off the Code until substantial changes to their payment practices have been made". Striking off a signatory is announced by the Small Business Commissioner's Office and a record of signatories and struck-off companies is maintained on the Prompt Payment Code and SBC websites. The new, tougher rules will mean that signatories to the Code making payments to businesses with fewer than 50 employees will, from 1 July 2021, have 30 days to pay suppliers instead of the current 60 days.
Other measures, which came into immediate effect on 19 January 2021, include: a requirement that CEOs/Finance Director/owners of small businesses personally sign the Code to ensure responsibility for payment practices is taken at an organisation's highest level; the introduction of a new logo to evidence signatories' commitment to the Code; empowering suppliers to charge interest on late invoices; and enabling administrators of the Code to investigate breaches based on third party information.
The government is considering feedback to a consultation on Increasing the scope and powers of the Small Business Commissioner, which closed on 24 December 2020 and focused on effective mechanisms for redress for late payments.

MHCLG newsletter on recent activity

A summary of the government's recent activity in relation to the Planning for the Future Consultation, the Building Better, Building Beautiful Commission and updates to the National Planning Policy Framework has been published by the Ministry of Housing, Communities & Local Government (MHCLG) in the Planning update newsletter (February 2021). Useful links include Planning for the Future consultation, Living with Beauty (see also, below), the National Model Design Code and the supporting Guidance Notes for Design Codes amongst others.

Planning
Placing local communities at the heart of new planning developments	As part of the measures to help the country "Build Back Better" after the pandemic, the Housing Secretary has announced that all new developments must meet local standards of beauty, quality and design under new rules to ensure local communities will be at the heart of planning new developments in their area. The new design and planning initiatives include proposals to change the National Planning Policy Framework, a national design code for new developments and opening a new Community Housing Fund.
Considering protected species in the planning process	Natural England and the Department for Environment, Food & Rural Affairs (DEFRA) has published Protected species and development: advice for local planning authorities which deals with planning applications when there are protected species on or near a proposed development site. The advice sets out what Local Planning Authorities (LPAs) need to consider when making decisions on planning applications, namely whether a protected species would be harmed or disturbed if planning permission were to be given.

Planning

Placing local communities at the heart of new planning developments

As part of the measures to help the country "Build Back Better" after the pandemic, the Housing Secretary has announced that all new developments must meet local standards of beauty, quality and design under new rules to ensure local communities will be at the heart of planning new developments in their area. The new design and planning initiatives include proposals to change the National Planning Policy Framework, a national design code for new developments and opening a new Community Housing Fund.

Considering protected species in the planning process

Natural England and the Department for Environment, Food & Rural Affairs (DEFRA) has published Protected species and development: advice for local planning authorities which deals with planning applications when there are protected species on or near a proposed development site. The advice sets out what Local Planning Authorities (LPAs) need to consider when making decisions on planning applications, namely whether a protected species would be harmed or disturbed if planning permission were to be given.

Products
New construction products regulator	A new national construction product regulator is to be established by the government in an effort to address failings highlighted by the Hackitt Review (see here). The regulator will be part of the Office for Product Safety and Standards, which will be awarded up to £10 million funding to set up the function. It will be made up of a panel of experts experienced in regulatory, technical and construction issues and will have the power to carry out testing and to remove unsafe products from the market. The MHCLG has published a list of horizontal test standards which apply to various construction products. The test standards (which remain subject to change depending on current and future needs) will continue to be used by UK approved bodies to assess construction products against UK designated standards. The Construction Products Association (CPA) has launched a consultation into the new Code for Construction Product Information. The consultation closed on 31 March 2021 and the CPA aims to obtain feedback on the proposal before the code is rolled out later this year. The new code will provide a benchmark for how construction products are marketed in order to address concerns raised in the Hackitt Review. For a copy of the CPA report, which provides more information on the code and an introduction by Dame Judith Hackitt, see the Construction Product Information Industry Consultation: Better Data, Safer Building (via the CLC website). Government guidance on the new rules relating to products and trade with Europe applying after 1 January 2021 (post-Brexit) can be found here: Brexit: new rules are here.
Horizontal test specifications for construction products
New code for construction product information

Environmental
Protection for blanket bog	As part of the government's 25 Year Environment Plan commitment to bring 75% of Sites of Special Scientific Interest (SSSI) into favourable condition, DEFRA and Natural England announced on 29 January 2021 that England's "national rainforests" [are] to be protected by new rules. The government will bring forward legislation to prevent the burning of heather and other vegetation on protected "blanket bog" habitats. Blanket bog is a type of peatland, described as a "delicate habitat of international importance". Burning will be prevented "on a [SSSI] that is also a Special Area of Conservation or a Special Protection Area unless a licence has been granted or the land is steep or rocky".

Environmental

Protection for blanket bog

As part of the government's 25 Year Environment Plan commitment to bring 75% of Sites of Special Scientific Interest (SSSI) into favourable condition, DEFRA and Natural England announced on 29 January 2021 that England's "national rainforests" [are] to be protected by new rules. The government will bring forward legislation to prevent the burning of heather and other vegetation on protected "blanket bog" habitats. Blanket bog is a type of peatland, described as a "delicate habitat of international importance". Burning will be prevented "on a [SSSI] that is also a Special Area of Conservation or a Special Protection Area unless a licence has been granted or the land is steep or rocky".

Housebuilding
New Homes Quality Board launched	Two years after All-Party Parliamentary Group (APPG) on Excellence in the Built Environment proposed a New Homes Ombudsman (NHO), the New Homes Quality Board (NHQB) has been launched. An independent body focusing on new home quality, the NHQB consists of representatives from several bodies and will be working on its vision for quality, service and improved consumer redress in 2021. It aims to place more responsibility on developers to deliver quality homes for buyers and will introduce a code of practice for the new-build sector (the New Homes Code). It will provide support to buyers in the event of a dispute, from the sales and marketing of their new home until the end of the first two years of ownership, and will have statutory powers, potentially including power to issue fines or de-register developers from the New Homes Code.
Review of Decent Homes Standard	The government is to review the Decent Homes Standard to determine whether it is currently fit for the social housing sector. The review will be conducted in two parts: Part 1 will run from spring to autumn 2021 and seek to understand whether there is a case for change within the standards. If a case for change is established, Part 2, running from autumn 2021 to summer 2022, will decide what accepted standards would look like.
Living with beauty	The MHCLG has published an independent report, Living with beauty: report of the Building Better, Building Beautiful Commission promoting the use of high-quality designs for new-build homes and neighbourhoods. The report, which sets out the Commission's recommendations, views beauty "as the benchmark that all new developments should meet" while ugly buildings destroy the sense of place and undermine community spirit. The report's recommendations seek to promote community stewardship and "ensure that we pass on to future generations an inheritance at least as good as the one we have received".
Housing under-supply	On 14 January 2021, the House of Commons Library published Tackling the under-supply of housing in England. This briefing paper addresses: the quantity of housing needed in England; recent trends in supply; and the barriers and solutions to increasing such supply. It is estimated that 345,000 new homes are needed in England per year (1% higher than estimated in 2018/2019). The paper highlights the importance of Sir Michael Lyons' idea, as expressed in the foreword to the IPPR report, What more can be done to build the homes we need? (June 2017): "We would stress that it is not just the number [of houses] built but also the balance of tenures and affordability which need to be thought through for an effective housing strategy." See also the MHCLG housebuilding statistics published on 14 January 2021.
Guidance on self-build and custom housebuilding	On 8 February 2021, the MHCLG updated its guidance on Self-build and custom housebuilding. The amendments detail the benefits of self-build and custom housebuilding which is described as helping to diversify the market and increase choice. Examples are also provided on how LPAs can record suitable permissions that have been granted.
Achieving net zero	The UK Green Building Council (UKGBC) has published an updated version of its New Homes Policy Playbook. This is a "hands-on resource pack designed to help cities and local authorities drive up the sustainability of new homes". The pack includes an interactive policy map (which sets out examples of new-build policy from UK-wide local and combined authorities) and guides local councils on the sustainability of new houses and how they can tackle climate emergency. Recognising that heating and powering buildings currently accounts for 40% of the UK's total energy usage, the UK has committed to a legal target to reduce greenhouse gas emissions to net zero by 2050. The government aims to ensure that energy efficiency and overheating standards under the Building Regulations support the realisation of those targets. With that in mind, the MHCLG has reached the second stage of its two-part consultation (The Future Buildings Standard) on proposed changes to Part L (Conservation of fuel and power) and Part F (Ventilation) of the Building Regulations. Building on the first part of the consultation (The Future Homes Standard: changes to Part L and Part F of the Building Regulations for new dwellings), it sets out energy and ventilation standards for non-domestic buildings and existing homes. It also includes proposals: to mitigate against overheating in residential buildings; and for a Future Buildings Standard to lead to zero carbon ready, highly efficient non-domestic buildings. Click here for the impact assessment and here for the Approved Documents L, F and overheating: draft guidance. The consultation closes on 13 April 2021. After the first consultation, the government announced plans for all homes to be highly energy efficient, with low carbon heating and zero carbon ready by 2025, with 75-80% lower carbon emissions from homes than now. See the summary of responses and the government's response.

Achieving net zero
International focus	The World Green Building Council (WGBC) continues to attract new members to join its Net Zero Carbon Buildings Commitment, which "challenges businesses and organisations across the world to decarbonise their building portfolios". Latest signatories include CDL and Siemens AG who join other companies committed to carbon action. WGBC's report Bringing Embodied Carbon Upfront: Coordinated action for the building and construction sector to tackle embodied carbon, sets out WGBC's vision that: by "2030, all new buildings, infrastructure and renovations will have at least 40% less embodied carbon with significant upfront carbon reduction, and all new buildings [will have] net zero operational carbon"; and by "2050, new buildings, infrastructure and renovations will have net zero embodied carbon, and all buildings, including existing buildings must be net zero operational carbon". This report, which was published as part of WGBC's Advancing Net Zero strategy and published in partnership with others, including the European Climate Foundation, aims to promote discussion and market transparency on embodied carbon. The UK will host the 26th UN Climate Change Conference of the Parties (COP26) in Glasgow on 1-12 November 2021. As preparations for COP26 progress, the Cabinet Office has launched an initiative to protect rainforests from further destruction while ensuring development and trade is sustainable: COP26 brings countries together to protect world's forests. COP26 President-Designate, Alok Sharma, said: "This is about working together to protect our precious forests while enhancing livelihoods and supporting economic development and food security, which is one of our key priorities as we work towards COP26 in Glasgow later this year." In a speech, Race to Zero Breakthroughs launched on 29 January 2021, President Alok Sharma welcomed the increased participation and action taken by countries and industry towards achieving Net Zero. However, he urged the international business community to take further action now to achieve the Net Zero goals as soon as possible.
MHCLG advises on nearly zero energy buildings requirements for new buildings	MHCLG's circular of 15 February 2021, Nearly zero energy building requirements in respect of new buildings, clarifies how building control bodies can implement the requirements for new buildings to be nearly zero energy buildings from 31 December 2020 under regulation 25B of the Building Regulations 2010.
Consultation launched by BEIS on Clean Heat Grant	The Department for Business, Energy and Industrial Strategy (BEIS) is currently considering feedback received in its consultation, Clean Heat Grant: further policy design proposals, which closed on 5 March 2021. The feedback will include views on certain aspects of the clean heat grant scheme design including: minimum insulation requirements; biomass eligibility and "hard to treat" buildings; voucher application process; and clarification on their approach to new-build eligibility.
Consultation launched by BEIS on CCUS	BEIS is also considering feedback from a consultation with carbon capture, usage and storage (CCUS) stakeholders on Carbon capture, usage and storage, market engagement on cluster sequencing, which closed on 10 March 2021. The consultation is focused on a potential approach to cluster sequencing for CCUS.
Focus on Scotland	The Scottish Government has been taking various action aimed at achieving net zero, and in particular has: published its Climate Change Plan update setting out, amongst other things, the Scottish Government's key policies in the agricultural sector and its commitment to update the 2018 Climate Change plan to take account of new emissions targets; published its Energy Efficient Scotland – improving energy efficiency in owner-occupied homes consultation analysis. Conclusions include that: a majority of respondents felt that EPC Band C should be the minimum standard required of homeowners; and the point of sale should give rise to a requirement to ensure that the minimum standard of energy efficiency be met; launched its Heat in Building Strategy: achieving net zero emissions consultation with a strategy designed to contribute towards achieving the Net Zero targets, "whilst maximising economic opportunities, ensuring a just transition and addressing fuel poverty". The strategy sets out a broad range of policies and commitments, including the target to have more than 1 million homes and around 50,000 non-domestic buildings using low and zero emissions heating systems by 2030; launched a consultation (Energy efficiency, zero emissions and low carbon heating systems, microgeneration and heat networks for homes – skills requirements: consultation) seeking views on its proposals to have certain skills requirements for those involved in carrying out the work envisaged by the Heat in Buildings Strategy (mentioned above) e.g. retrofitters. Once finalised these skills requirements will act as a best practice standard for those in the industry. These requirements will also be a minimum requirement for government-funded programmes. The consultation closes on 30 April 2021; and launched a Low Carbon Infrastructure Transition Programme (LCITP): call for evidence seeking views on its future funding and support policy for developers involved in the provision of low and zero carbon emission heat infrastructure projects. In particular, comment is sought on potential barriers that are faced in the provision of low and zero carbon emission projects; risks involved in undertaking these projects on a large scale; and how the government's support structure should be set up to increase interest among developers to undertake these projects.

Infrastructure
Improving infrastructure delivery	The government commissioned the Infrastructure and Projects Authority (IPA) to develop the systems, capability and capacity necessary to achieve a world-class project delivery capability. In January 2021, the IPA published a new mandate setting out its role and the responsibilities of departments relating to project delivery: Infrastructure and Projects Authority Mandate. The mandate covers six main areas: the Government Major Projects Portfolio (GMPP); data for GMPP projects and programmes; government project delivery assurance; setting, embedding and building standards; professional project delivery and leadership capability; and building market confidence. Clarity in relation to the IPA's role will enable "rigorous and fearless" evaluation of government policy and projects. "To initiate a step change in delivery of major government projects, they need to be set up for success from the outset and assured throughout the project lifecycle. With this mandate, we aim to set standards of success for project delivery which equal those in the best companies and governments across the world." The House of Commons Library has published a research briefing on Infrastructure policies and investment which "examines the current state of infrastructure in the UK, recent government policies and levels and sources of investment". It collates together the government's recent activity relating to infrastructure goals including the papers and policies published alongside the Spending Review 2020 such as the National Infrastructure Strategy and the announcement that a UK infrastructure bank is to be set up (see the Spring budget). The National Infrastructure Strategy, a policy paper, was published in November 2020 and "sets out plans to transform UK infrastructure in order to level up the country, strengthen the Union and achieve net zero emissions by 2050". The House of Commons Public Accounts Committee, has published Lessons from major projects and programmes (HC 694) in which it sets out recommendations on areas the government should address to improve project delivery. See also, the press release here.

Infrastructure

Improving infrastructure delivery

The government commissioned the Infrastructure and Projects Authority (IPA) to develop the systems, capability and capacity necessary to achieve a world-class project delivery capability. In January 2021, the IPA published a new mandate setting out its role and the responsibilities of departments relating to project delivery: Infrastructure and Projects Authority Mandate. The mandate covers six main areas: the Government Major Projects Portfolio (GMPP); data for GMPP projects and programmes; government project delivery assurance; setting, embedding and building standards; professional project delivery and leadership capability; and building market confidence. Clarity in relation to the IPA's role will enable "rigorous and fearless" evaluation of government policy and projects. "To initiate a step change in delivery of major government projects, they need to be set up for success from the outset and assured throughout the project lifecycle. With this mandate, we aim to set standards of success for project delivery which equal those in the best companies and governments across the world."
The House of Commons Library has published a research briefing on Infrastructure policies and investment which "examines the current state of infrastructure in the UK, recent government policies and levels and sources of investment". It collates together the government's recent activity relating to infrastructure goals including the papers and policies published alongside the Spending Review 2020 such as the National Infrastructure Strategy and the announcement that a UK infrastructure bank is to be set up (see the Spring budget).
The National Infrastructure Strategy, a policy paper, was published in November 2020 and "sets out plans to transform UK infrastructure in order to level up the country, strengthen the Union and achieve net zero emissions by 2050".
The House of Commons Public Accounts Committee, has published Lessons from major projects and programmes (HC 694) in which it sets out recommendations on areas the government should address to improve project delivery. See also, the press release here.

Procurement
Construction frameworks review	The government has launched an independent review of Construction Frameworks (see Launching the Independent Review of Construction Frameworks). The review forms part of the implementation of the Construction Playbook which set out policy reforms to enable "faster, better, greener construction" by transforming how we assess, procure and deliver public works projects and programmes. Professor David Mosey of King's College London has been appointed as review lead and tasked with providing recommendations on: the components of a "gold standard" against which new proposed frameworks and framework contracts can be measured; standard contract terms that support the new gold standard; and training packages to enable adoption of the new gold standard.
Transforming public procurement	The government's consultation on its Green Paper: Transforming public procurement closed on 10 March 2021. The green paper addresses how the government intends to meet its "goals to speed up and simplify our procurement processes, place value for money at their heart, and unleash opportunities for small businesses, charities and social enterprises to innovate in public service delivery". The green paper acknowledges the opportunities arising from the UK's departure from the EU to overhaul outdated procurement policies. (See also the press release: New plans set out to transform procurement, providing more value for money and benefiting small business.) Government guidance on its Public procurement policy was updated on 8 January 2021 and includes: "Directives, regulations, policies and guidance relating to the procurement of supplies, services and works for the public sector".
Offsite construction presumption	Around the same time as the Construction Playbook and infrastructure strategy were launched, the government also published its response to industry feedback on its proposal to implement a presumption in favour of off-site construction: Proposal for a New Approach to Building: Call for Evidence – Summary of evidence. (The original consultation can be found here: Proposal for a New Approach to Building: Call for Evidence.) This proposal forms part of the government's commitment to using its position as the single largest construction client to support the adoption of a more productive and sustainable business model within the UK construction sector. The strategy involves the establishment of "A Platform approach to Design for Manufacture and Assembly (P-DfMA)" which could "leverage the government's collective buying power to aggregate demand for platforms made up of digitally designed components, that can be used across different built assets, for instance schools, clinics, hospitals or offices". The aim is to deliver greater efficiency through economies of scale and add value by providing businesses and public services with infrastructure that performs better over its lifecycle. The strategy also supports the government's efforts to meet net zero targets.

Building regulations
Part M research on access to and use of buildings (England)	Statutory guidance on the access to and use of buildings: Approved Document M aims to ensure that people are able to access and use buildings and their facilities. It was updated in July 2020 and is applicable to England. The MHCLG published related research on 20 January 2021, Research on Part M: access to and use of buildings: Part 1 evaluates what evidence is available on the benefits of accessible housing, and where further evidence is needed; and Part 2 considers the effectiveness of current guidance for buildings other than dwellings, to understand how well current guidance for Part M is meeting the needs of disabled people.
Wales	The Welsh government has updated Building regulations guidance: part B (fire safety), volume 1 (dwelling houses) and volume 2 (buildings other than dwelling houses). The changes include: amendments to Appendix A (Performance of materials, products and structures) with the Approved Document amended to strengthen the provisions for assessments in lieu of fire tests; and, amendments to the definition of an external wall in Appendix E. The Welsh government's consultation into the Building Regulations Part L and F Review – Stage 2A closed on 17 February 2021. The consultation set out changes to Part L (Conservation of Fuel and Power) and Part F (Ventilation) of the Building Regulations for: existing dwellings; overheating in new dwellings (on which, see next item); and changes to align with the energy performance of buildings directive. Stage 2A of the Welsh government's two-part consultation on proposed changes to Part L and Part F proposed a new Part S. Part S requires: dwellings to be designed and constructed so as to reasonably mitigate the risk of summertime overheating; mitigation measures to be safe, secure and reasonably practical for occupants; and the person carrying out the work to give sufficient information to the owner to enable practical, safe, secure use of the system. Stage 2B consultation to improve Building Regulation requirements for new and existing non-domestic buildings is expected in early 2021.

Building regulations

Part M research on access to and use of buildings (England)

Statutory guidance on the access to and use of buildings: Approved Document M aims to ensure that people are able to access and use buildings and their facilities. It was updated in July 2020 and is applicable to England. The MHCLG published related research on 20 January 2021, Research on Part M: access to and use of buildings: Part 1 evaluates what evidence is available on the benefits of accessible housing, and where further evidence is needed; and Part 2 considers the effectiveness of current guidance for buildings other than dwellings, to understand how well current guidance for Part M is meeting the needs of disabled people.

Wales

The Welsh government has updated Building regulations guidance: part B (fire safety), volume 1 (dwelling houses) and volume 2 (buildings other than dwelling houses). The changes include: amendments to Appendix A (Performance of materials, products and structures) with the Approved Document amended to strengthen the provisions for assessments in lieu of fire tests; and, amendments to the definition of an external wall in Appendix E.
The Welsh government's consultation into the Building Regulations Part L and F Review – Stage 2A closed on 17 February 2021. The consultation set out changes to Part L (Conservation of Fuel and Power) and Part F (Ventilation) of the Building Regulations for: existing dwellings; overheating in new dwellings (on which, see next item); and changes to align with the energy performance of buildings directive.
Stage 2A of the Welsh government's two-part consultation on proposed changes to Part L and Part F proposed a new Part S. Part S requires: dwellings to be designed and constructed so as to reasonably mitigate the risk of summertime overheating; mitigation measures to be safe, secure and reasonably practical for occupants; and the person carrying out the work to give sufficient information to the owner to enable practical, safe, secure use of the system.
Stage 2B consultation to improve Building Regulation requirements for new and existing non-domestic buildings is expected in early 2021.

Building safety
Addressing unsafe cladding	The MHCLG has announced "a 5-point plan" to replace unsafe cladding, to reassure homeowners and instil confidence in the housing market. (See Government to bring an end to unsafe cladding with multi-billion pound intervention.) The government will: fully fund the cost of replacing unsafe cladding for all leaseholders in residential buildings 18 metres (six storeys) and over in England; introduce a new tax for developers seeking to develop high-rise buildings to raise £2 billion over a decade to help pay for the cladding remediation costs; ensure no leaseholder ever has to pay more than £50 a month towards the removal of unsafe cladding; introduce a new scheme to protect lower rise buildings between 11 and 18 metres; tighten building safety regulation; and review the construction products regime. The new measures will boost the housing market and free up homeowners, who have been prevented from selling or re-mortgaging leasehold properties due to cladding remedial works, to once again buy and sell their properties. The CLC has welcomed the government announcement and continues its work in collaboration with other industry bodies to improve building safety, competence and product safety. Further details of the CLC's work, initiated by the recommendations in Dame Judith Hackitt's review Building a Safer Future, can be found here: The Construction Leadership Council welcomes the Expansion of the Building Safety Fund (which includes links to the Competence Steering Group's reports, Raising the Bar (August 2019) and Setting the Bar (October 2020)).
RICS EWS1 survey	The Royal Institute of Chartered Surveyors (RICS) consulted on its proposed guidance on the valuation of multi-storey, multi-occupancy buildings with cladding in January 2021. The guidance (see RICS Draft UK Guidance Note – Valuation of properties in multi-storey, multi-occupancy residential buildings with cladding, 1st edition), is aimed at valuers carrying out mortgage valuations on residential properties with cladding to promote consistency on whether they should request an EWS1 form (to carry out an external wall survey) before proceeding.
Safer buildings in Wales	The Welsh government is consulting on its proposals for legislative change across the lifecycle of buildings and for a culture change in the way buildings are designed, constructed and managed in the future (as set out in its consultation document: Safer buildings in Wales. A "quick read" version of the proposals is also available. Responses are required by 12 April 2021). The policy goals behind the work programme respond to the problems found by the Hackitt Review, the Grenfell Inquiries and the Welsh government's Building Safety Expert Group (see the March 2019 report). Key proposals include: the Building Safety Regime to cover all multi-occupied residential buildings; steps to improve the building safety regime using powers gained via the UK government's Building Safety Bill (which is expected to come into force later in 2021); the scope of the Building Safety Regime and how it could be regulated; working with the UK government to ensure a consistent approach to dutyholders, to the data requirements, format and technology adopted in building and to maintaining the "Golden Thread" of up-to-date information about the design, construction and ongoing maintenance of buildings (a "living record of the building"). There is also support for the draft powers proposed in the Building Safety Bill for three intended "Gateway Points" at which the dutyholder must demonstrate that they are managing building safety risks appropriately before progressing to the next development stage.
Helping SMEs understand H&S law	The Health and Safety Executive has launched a Health and Safety app for SMEs. The app is aimed at small and medium-sized (SME) businesses "to help them better understand the law, their health and safety rights, their responsibilities and what they need to do in order to protect their employees".

Sections of this round-up were first published by Construction Law on 1 April 2021 as the State of Play table, number 258. You can sign up to Construction Law's newsletter here.

Click here for our February 2021 and March 2021 legislation updates.