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Building regulationsthe international sceneGeorge A.
AtkinsonPublished online: 15 Apr 2008.
To cite this article: George A. Atkinson (1973) Building
regulationsthe international scene, Building Research and Practice,
1:5, 278-284,DOI: 10.1080/09613217308550258
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Building regulationsthe international scene
by George A. Atkinson UDC 69.009.182(047.1)Building regulations
vary internationally in their objectives and in the
responsibilitiesthey place upon designers and contractors, but they
generally depend upon nationalor international codes and standards
for their technical requirements. The systemsoperated in a number
of European countries are discussed in this paper in terms of
theinternal environment of buildings and general considerations of
public safety andhealth. The author refers to the influence of the
relevant CIB Working Commissions inestablishing internationally
agreed standards for the internal environment of buildingsand
performance concepts.
'Buildings are to be designed, constructed, altered
andmaintained in such a way that public safety and
order,particularly life and health, are not endangered. Theyare to
be correctly executed, must not disturb thegeneral appearance of
their surroundings, and mustbe usable for their purpose without
causing nuisance.The generally accepted rules of building are to
beobserved . . . ' (ref 1).This translation is of an extract from
the modelfollowed, with minor modifications, in the
buildingordinances of each of the West German Lander(states). It
reflects some of the objectives behindbuilding regulation. The
extension of these objectivesfrom fire protection (as early London
Building Acts)and sanitation (as the dominant objective of
theformer model byelaws under the English PublicHealth Acts) to
setting more general environmentalrequirements is the subject of
this paper.The paper is based largely on experience drawn fromUK
and selected countries in continental Europe,(refs 2 and 3). It is
not a comprehensive guide tolegislation. Rather it demonstrates
that regulationsystems can have somewhat different
objectives:labour welfare and protection, conservation ofresources,
safeguarding public - and private orconsumer-investment, as well as
safety, health andavoidance of nuisance. It looks at the systems
fromthe standpoint of the influences on the design of theman-made
environment in buildings.
The organisation of control systemsFigs 1-6 illustrate typical
forms of organisation ofbuilding control systems. The figures list
the authority
Architect George Atkinson,who is head of the DesignDivision at
the UK BuildingResearch Establishment, hasmade a particular study
ofthe different building con-trol systems operating inEurope and
Scandinavia.
278
or kind of organisation haying a particular responsi-bility and
its level, the way or ways in which require-ments are stated, and
the procedures involved. Thefigures, even in simplified form,
illustrate the com-plexity of building control systems. There are
anumber of matters for comment.The first is that while in all
countries public safety andhealth are a major concern they are
dealt with morecomprehensively and extend further into matters
ofcomfort and convenience in some countries, egGermany, Scandinavia
and Scotland, than in othercountries.The second is that fire
safety, in part because itdepends on the way a building is used as
well as howit is designed and constructed, tends to be the
concernof fire as well as building regulation authorities; it
ismuch the same with requirements relating to placesof employment,
where labour protection authorities,like the UK factory
inspectorate, have an interest inthe use as well as the design and
construction ofbuildings.A third point is that, while regulations
may implicitlybe concerned with conservation of resources
andcontrol of pollution, these matters are rarely explicitand may,
like the English Thermal Insulation (In-dustrial Buildings) Act
1957, deal only with someaspects of a problem.A fourth point is
that either directly through buildingregulations, or separately
through technical in-structions and guidance related to financing,
standardsof quality of some categories of building - for
example,housing, schools, hospitals - are controlled either
tosafeguard public investment or, as for example in theUK National
Housebuilders Registration Council'sscheme, to protect homeowners.
The ten year liabilityof builder and architect for major structural
defectsenshrined in the civil codes of Belgium and Francehas a
similar objective, (ref 2).But there are other features which are
noteworthy,(ref 3).1 The hierarchy:
(i) general enabling law,(ii) regulations or orders giving a
broad framework
of requirements, and
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(iii) technical guidance documents such as standardsor codes of
practice - in continental terms'norms' - for detailed specification
of recog-nised test procedures, design practices, etc.
2 Procedures for approval of new products andtechniques on a
national basis, usually associatedwith quality control schemes
operated either byindustry or an independent body on which
publicauthorities, consultants and industry are re-presented.
3 A trend towards the specification of requirementsin functional
or performance standards, backed bydeemed-to-satisfy examples,
guidance documentsand procedures for testing and approval of
pro-posals.
Performance-based regulationsIt is the trend towards
performance-based regulationswhich is the concern of this paper.
The World HealthOrganisation issued in 1961 a report by an
ExpertCommittee on the Public Health Aspects of Housing,(ref 4),
which attempted to define 'a healthy residentialenvironment'. It
discussed design requirements interms of space, services and
facilities, also environ-mental factors - basic thermal
requirements, pro-tection from excessive noise, dampness,
ventilation,illumination - and protection against natural
andman-made hazards. The report identified twofundamental types of
legal control. The first is basiclaw, general and enabling in
nature, which shouldestablish the level of performance to be
obtained. Thesecond is regulation, more detailed and more
specific.It recommended that the legislation should be
of'performance type'.The concept of performance-based building
regu-lations is not new. Since the 1930s the UK BuildingResearch
Establishment has been helping the Englishand Scottish authorities
to express regulation require-ments on a performance basis. The
Guest Committeereport on building legislation in Scotland (1954),
(ref 5),reviewed the advantages of the performance approach.Current
English and Scottish regulations are per-formance-based in part, as
also are an increasingnumber of the continental regulations.
Examplescan be drawn from other countries eg the currentSwedish
regulations, (ref 6), in which a particularrequirement will be set
out in the form of a 'functional'specification which states
requirements in generalterms with guidance on assessment of their
satis-faction (fig 6), or in the form of a 'performancestandard'
giving values, for example that the heat lossthrough a part of the
building fabric must not exceeda stated value in W/m2C. Usually the
statements areaccompanied by guidance information assisting
Fig 1. Form of building control in ScandinaviaI Basic law
Building laws Parliament
Other laws affectingbuilding
II National regu- National building Centrallations regulations
Authority
General approval fornew products andtechniques
III Building per- Byelaws dealing with Localmits* local matters
of pro- Authority
ceduresQuality control certi-ficates
*Fees borne by building owner
authorities and designers to' judge whether or not aform of
construction satisfies the requirement.
Thermal requirementsTo understand the problems of
performance-basedregulations it is useful to take as a case study
thespecification of thermal requirements. What aspectsof the
thermal environment in buildings are appro-priate for regulation to
safeguard the health andsafety of occupants ? If their health is to
be protected,indoor temperatures must not fall below a minimumor
rise above a maximum. Rooms must be sufficientlywell ventilated to
avoid an excessive build up ofnoxious and toxic gases, water vapour
and possiblyodours. The equipment used to provide an
acceptableenvironment must be safe and continue to
functionsatisfactorily. The condensation of water vapour
Fig 2 Form of building control in the NetherlandsI Basic housing
Other laws affecting Parliament
law buildingII Model byelaws General approvals for Association
of
new products and Netherlandstechniques (KOMO) Municipalities
(VNG)III Building per- Byelaws based on Local
mits* model and other bye- Authoritylaws relating to
localmatters
*Fees borne by building ownerNOTE :KOMO is a testing and
approval 'authority associatedwith the Association of Netherland
Municipalities.
Building Research and Practice Sept/Oct 1973 279
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BUILDjNG REGULATIONS/coniinued
Fig 3 Form of building control in West Germany (FDR)I Building
law Other Federal and Land
(Ordinance) Land Legislation GovernmentII Legal orders DIN
(Technical stan- Land Building
dards) MinistryGeneral Approvals (DNA IBT)
IH*Building permit Checks by official con- Land Buildingsultants
and tests by Officialsofficials labs
*Fees borne by building ownerNOTE :DNA is the German national
and standards organisationissuing DIN, German 'industry norms'. IBT
is theInstitute of Building Technology which co-ordinates workon
'General Approvals' at the Federal level.
Fig 4 Form of building control in SwitzerlandI Building Law
Federal and other Canton
Canton laws affecting Governmentbuilding
I I Building Ordi-nance(Where made)
Municipality
HI*Building Permit Tests by Federal Local Authori-Materials
Testing ty, ie Munici-Laboratory pality
IV Legal Code SIA and other norms Courts of Law('Rules of
Building')
*Fees borne by building owner
Fig 5 Form of building control in FranceI Civil Code Subsidiary
regulations Constitution
and case law of FrenchRepublic
II Insurance Standard policies Technical'Market' DTU (Unified
Codes) ControlRequirements Registration of archi- Offices
tects and contractors.Agrement
III Town Planning Other laws affectingbuildingLegislation
IV Building Permit
Ministry ofHousing
andPhysicalDevelopmentmainlyLocalAuthority(Mairie)
NOTE:DTU are a series of agreed documents issued through
theFrench CSTB (Centre for Building Research and Techno-logy) on
behalf of the professions and industry.
280;
within the building should not be of such a characteras to cause
permanent damage to finishings, finishesetc. through mould attack,
or to affect seriously thethermal behaviour and durability of the
building fabric.With difficulty, and possibly additional
research,these requirements could be specified quantitatively,but
this is not enough. There are four factors whichtogether affect the
thermal performance of a building:the external environment, which
includes that of thenoise environment as well as the
meteorologicalclimate; the ways in which a building is occupied
andmanaged; the design and construction of the buildingfabric; and
the installations for heating, ventilation,cooling and lighting.
For a usable regulation system,a few general classes of
meteorological and noiseclimate and of occupancy have to be fixed;
alsostandard rules for calculating heat losses through thebuilding
fabric and by ventilation, and standardiseddata on thermal
properties of building materials andcomponents. Standard rules for
determining theoutput of various forms of heating and other
serviceinstallations will be needed, a major difficulty beingto
decide on how the installation will be used.In England and Wales,
the current building regulationsonly specify very simple standards
for thermal in-sulation for parts of the fabric in residential
buildings;in Scotland the requirements are more comprehensive.(In
both countries there are further requirements forpublic authority
housing.) Other countries, particu-larly Austria, Canada, Germany
and Sweden, whichhave colder winters than Great Britain, have
developedmore comprehensive requirements for controlling thethermal
environment in buildings. A fuller review ofthese requirements is
given in BRS Current Paper33/70, (ref 7). For example in West
Germany, thebuilding ordinances require that 'thermal
insulationsuitable for the climate conditions should be pro-vided'.
DIN 4108 (1969): Thermal insulation inbuildings, outlines the
principles of insulation, stressesits significance from the
standpoints of health ofoccupants, fuel economy and lowering
capital costsand gives detailed requirements. Three grades
of'insulation zone' are shown on a map of W. Germanytaking into
account both meteorological data andregional differences in
building methods. Storageheaters or constant central heating is
required inlightweight buildings (
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Sound insulation and acoustic require-mentsLouder noise levels,
more sources of nuisance, modernconstruction using lightweight
building techniques,and increased concern with amenity are
reflected inrequirements for sound insulation and noise controlin
many nations' building regulations and codes.Though differing in
the standards of sound reductionspecified and in the methods of
regulating and assess-ing acoustic performance, these regulations
and codesaffect significantly the design of buildings,
andparticularly of housing, and the selection or specifica-tion of
building materials and service installations.There are problems in
the performance-basedregulation of sound insulation and
particularly in itsenforcement. Research is in progress to
determinehow effective are the present systems of control inEngland
and Wales and in Scotland, and to provideimproved procedures for
the design of lightweightconstructions which meet sound insulation
require-ments.In continental Europe, where at least in the
largertowns most dwellings are in blocks of flats, there is along
tradition of codification of sound insulation inbuildings. Tn W.
Germany, for example, the firststandard was published in 1938. The
present standardDIN 4109 (1962): Sound insulation in buildings, is
infive parts: general information, requirements, examplesmeeting
requirements, floating finishes for heavyfloors, explanatory
memorandum. The standard issupplemented by standards dealing with
test pro-cedures DIN 52 210 and 52 12.The Scandinavian regulations
are also comprenensive.For example in Sweden, noise in buildings is
con-trolled through national building regulations, SvenskByggnorm
1967, (ref 6,) in which a chapter is devotedto sound insulation and
there are further require-ments relating to the acoustics or sound
insulation ofparticular building types in the relevant sections,
forexample reverberation times of classrooms andgymnasia. The
regulations require that a buildingshould be designed and
constructed so that the noisein occupied rooms is controlled 'to
the utmost extent'.Sound insulation standards are set, not only for
partywalls and floors, but between common staircases andhallways in
blocks of flats, where there is a require-ment for control over
reverberation time to reducenoise levels as well as for a standard
for soundinsulation (30 dB) for entrance doors to individual
dwellings. There is also a requirement for soundinsulation
between bedrooms and corridors in hotels.A supplement to the
regulations gives details of'deemed-to-satisfy' constructions for
walls and floors.The central Swedish building regulations
authority,
Statens Planverk, which is also responsible for townplanning in
Sweden, has issued guidance notes oncontrol of traffic noise.
Technical back-up to regulationsWhatever the objectives and form
of a system,technical support is needed. In many countries it
isprovided by national codes and standards, or 'norms',which:1
Define parameters generally agreed as being
suitable for specifying different environmentalfeatures;
2 Give guidance on selection of levels, or values, ofrequisite
performance;
3 Set out procedures for design, assessment and test;and
4 Provide standardised data for computation, etc.A task of
building research is to make more explicit,and reinforce,
professional experience to gain a betterunderstanding of principles
and to construct logicalframeworks into which procedures for design
andevaluation can be fitted.Building research also has the task of
providingappropriate test and assessment methods and relevantdata.
At an international level, through CIB (TheInternational Council
for Building Research) know-ledge gained through research and
professionalpractice is focused on matters of more than a
localnature. A number of CIB Working Commissions are
continued on page 283
Fig 6 Sweden : An example in the water installationsregulations
of a functional requirement on frost protection
VA - Byggnorm(Water Installations)254 Protection against frost
and condensation2541 Regulation
Water installation to be arranged so as to preventstoppage of
flow due to frost. Where there is a riskof nuisance through
condensation in a building space,cold water pipework to be
insulated so that surfacetemperature remains above ambient
dewpointtemperature.
2542 GuidanceFor pipework laid in ground either of
followingapproved:1 Laying to frost free depth shown in Fig 230
(map
of frostfree contours for Sweden, to be used withtable of
corrections for different types of ground).
2 Laying to lesser depth but with electrical warmingprovided in
accordance with requirements of VAV(Waterworks Association)
publication p. 14.
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Housing in EuropeThe variations in methods ofbuilding control
throughoutEurope is reflected also inthe range and variety
ofhousing built in differentcountries in recent years.These random
examples in-clude single-storey timberbungalows and
four-storeybrick-built maisonettes atCumbernauld New Town,UK {top
left), concrete clad
flats at Liege, Belgium {left),industrialised precast con-crete
flats at Munich {bottomleft), and the composition ofin situ,
precast and industrial-ised forms that characterisesthe 'mixed'
development atthe Barbican, London {belo w)
282 Building Research and Practice Sept/Oct 1973 JJ
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concerned with cnviornmcnt in buildings: climatologyin building
(S4); rain penetration (Wll); fire(W14);heating and ventilation
(W17); indoor climate intropical and sub-tropical areas (S25);
human require-ments and building design (W45). A further
Com-mission W60 is concerned with the performanceconcept in
building, while Commission W31 hasrecently completed the task of
preparing for publi-cation the 1972 edition of the CIB Master Lists
forstructuring documents relating to buildings, buildingelements,
components, materials and services.The results of the work of these
international groupsinfluence in different ways documents prepared
within
ISO (International Organisation for Standardisation)and CEN
(European Commission for Standardisation)as well as ILO
(International Labour Organisation)and WHO (World Health
Organisation). At least inthe short term it is unlikely that there
will beuniformity internationally in regulation systems
forbuildings. Even in the British Isles there are dif-ferences:
geographical, for example between Scotlandand England and Wales,
and Inner London; andadministrative, for example between public
health andsafety, controlled through national building
regulationsand the building inspectorates of district councils,
andlabour welfare and protection, controlled under the
Despite the differences inapproach - and sometimes inobjective -
most housing inEuropean countries has beenand remains primarily
con-cerned with accommodatinglarge numbers of people inacceptable
environments, atask which offers no instantsolutions.Examples are
seen in theindustrialised block at theGrand Mesnil developmentin
France (right) and in themore subtle grouping ofhomes for older
people inAmsterdam, the Nether-lands (below).
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BUILDING REGULATIONS/continued
Factory Acts by a central government factoryinspectorate.
Through 'norms' published by nationalstandards organisations and
their internationalcounterparts, harmonisation of the technical
back-upto regulation is more feasible. An example of
thecoordinating role of 'norms' within a country havinga Federal
constitution is the use of the ETB - uniformtechnical rules -
series of DIN standards in WestGermany, (ref 1).
Enforcement of building regulationsThe central problem of
regulation is specification ofrequirements in a form suitable for
legal enforcement.For a new work, building owners and their
profes-sional consultants want to be satisfied that thecompleted
building, and its services, conform withrequirements and do not
require major alterationwhen ready for occupation. For this reason
it isusual in many countries for an authority, afterexamining
drawings, specifications and calculations,to grant a building
permit. Provided work is con-structed to the approved design and
specifications, theauthority accepts completed work as meeting
regula-tion requirements. It may then grant an occupancypermit.
Where requirements are framed in pre-scriptive terms, eg a
separating wall to be built ofbrickwork having a mass of 'n' kg/m2
built andplastered in accordance with relevant codes ofpractice,
checking of proposals and control on site arerelatively easy as
they depend on traditional buildingskills and experience. But such
a requirement leaveslittle room for technical
innovation.Alternatively, a building owner may be allowed toadopt
any construction his consultants judge likely tosatisfy the
functional requirement. On completion,the authority, using
appropriate methods of assess-ment and test, checks compliance. If
the constructionfails to satisfy the requirement, approval is not
givenuntil the work is modified or reconstructed.In practice
variations on both the prescriptive and theperformance approaches
are to be found. More thanone approach is frequently used by the
same authorityto control different functional requirements and
tocheck compliance. Increasingly, however, require-ments are being
performance-based. To be effective aperformance-based system should
include:1 Statements of requirements in terms of functional
criteria - what is required, from what part of abuilding, under
what conditions of use.
2 Guidance on performance likely to satisfy criteriaeither
through specification of acceptable levels forrelevant attributes
in 'performance standards', orby reference to a 'model1 the
performance of whichis accepted as satisfactory.
3 Information about design data, methods of calcula-tion,
assessment and test accepted as good practice.
4 Procedures for examination of proposals by cal-culation, test,
or expert judgment to check whetherperformance is likely to satisfy
criteria.
5 Procedures for control of quality of manufacturedproducts used
in the work.
ConclusionsTo sum up:1 In all countries public safety and health
are, and
will remain, a major concern of building regulations.In a number
of countries regulations now dealcomprehensively with matters
relating to the internalenvironment and extend requirements to
includematters of comfort and convenience.
2 Building regulation systems vary considerably inobjectives,
responsibilities of authorities anddesigners, and in operational
methods. But mostdepend on national, or sometimes,
internationalcodes and standards - or norms - for technicalback-up.
It is these norms, rather than the regula-tion systems themselves,
which are appropriate forharmonisation at an international
level.
3 Requirements are increasingly being specified inperformance
terms. Examples of the approachesadopted and problems which arise
in practice aregiven for thermal and acoustic requirements.
Thedevelopment of performance based requirements isdependent on the
availability of satisfactorymethods of specification, assessment
and test, and ofappropriately skilled personnel and facilities. It
is
' therefore a slow, continuing process rather thana rapid, once
for all operation.
References1 CIBULA E. J. (1970). Building Control in West
Germany
BRS Current Paper CP 10/70.2 ATKINSON, G. A. (1971). Building
Law in Western
Europe: how responsibility for safely and good per-formance is
shared. BRS Current Paper CP 6/71.
3 CIBULA, E. J. (1971). The structure of building control -an
international comparison. BRS Current PaperCP 28/71.
4 EXPERT COMMITTEES ON THE PUBLIC HEALTH ASPECTS OFHOUSING
(1961). First Report. World Health Organis-tion. General.
5 DEPARTMENT OF HEALTH FOR SCOTLAND (1957). Reportof the
Committee re Ministry Legislation in Scotland.HMSO, Edinburgh.
6 ESSUNGER, G. (1968). Svensk Byggnorm 67: a generalreview. BRS
Library Communication LC 1429.
7 CIBULA, E. J. (1970). International comparision ofbuilding
regulations: thermal insulation. BRS CurrentPaper CP 33/70.
8 SUNDBERG, B. (1969). Sound insulation : review ofrequirements
in SBN 67. BRS Library CommunicationLC 1477.Current Papers may be
obtained from:Publications SectionBuilding Research
EstablishmentBuilding Research StationGarston, Watford WD2 7JR,
United Kingdom.
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