Author: Andy Leask, Business Practice and Regulatory Control Committee member
Introduction
In considering the competency of designers and contractors we also need to examine the framework in which they operate and the gaps which exist between the two disciplines.
The Building Safety Act (2022) has significantly changed the way we have to measure and ensure competence in the construction industry.
The findings and recommendations of the Independent Review of Building Regulations and Fire Safety (Dame Judith Hackitt May 2018), which was instigated following the Grenfell fire, set the scene for the Building Safety Act.
Some of the pertinent content of the Hackitt report is highlighted here to provide context to the Act.
Independent Review of Building Regulations and Fire Safety – May 2018
Chapter 5 is titled Competence, the opening paragraph states:
The Interim Report established that a lack of skills, knowledge and experience and a lack of any formal process for assuring the skills of those engaged at every stage of the life cycle of higher risk residential buildings (HRRBs) as a major flaw in the current regulatory system. While there are many competent people working within the system, the lack of a coherent and comprehensive approach can seriously compromise the fire safety of HRRBs, for example, where decisions are taken and /or materials installed by people who do not fully understand the implications of how to achieve good quality building work, and the implications of getting it wrong.
The report describes an approach to competence which is fragmented, with people focussing on their individual specialism without due consideration to how their work interacts with others and failure to see a building as a single entity.
It refers to other parts of the world where a higher degree of competence and expertise is required. In the USA it is claimed that digital records improve building safety and show cost savings. Mandatory occurrence reporting, similar to the Civil Aviation Authority process and extension and strengthening of the CROSS scheme are recommended.
The report recommends establishment of a Joint Competent Authority (JCA) and a Golden Thread of information for higher risk buildings as the foundations of the new framework.
The Golden Thread requires accurate recording and storing of information throughout the design, construction, lifetime and dismantling of buildings. Digital records are clearly the ideal format to achieve this.
Increased levels of competence are an integral part of the proposed new regulatory framework.
The recommendations state that in addition to addressing technical competence there is a need for leadership within the construction industry to drive the change in culture and that professional bodies need to demonstrate and deliver this leadership.
The report is critical of procurement methods, and the impact on the design and construction processes is discussed at length.
Achieving and assessing competency
Competence is measured at the most basic level by professional qualifications, relevant experience and appropriate training. Professional qualifications are administered by the relevant institutions, along with the provision of training resources.
Historically there has been no established framework for designers and contractors which dictates a level of competence for specific duties, or form of construction. There are exceptions to this: the rail, nuclear and oil/ gas industries for example have rigorous processes which check competence and ensure checks are carried out by independent, competent people.
Continuing professional development is clearly key to both maintaining and justifying competence.
Following current best practice is an essential part of the process, yet engineers must have the freedom to innovate to enable them to improve design and construction methods, processes and techniques.
Learning from failures has historically been a part of advancing engineering knowledge, together with improving understanding of materials, the construction process and the maintenance of structures.
Exploring and testing the limits of both design and construction always carries the risk of failure.
Failures, or disasters, arising from lessons not learnt, errors, lack of competence and lack of oversight are not acceptable. The purpose of the changes must be to significantly reduce the risk of this type of event.
The role of competency in the delivery of the built environment
The process starts with a need, followed by a procurement process.
Both of these have a significant impact on the outcome of all projects and determine how the competence of all the parties involved are assessed and monitored.
The need defines the brief and the end user requirements.
The procurement process determines how the project will be designed and constructed.
The basic options for procurement are:
- Client side design team and contractor tender
- Design and build by the contractor
There are numerous variants on the two basic themes, which shift responsibility for the design between client and contractor.
The client wants their project to be delivered on time, within budget and to the specified quality.
Historically the competence of the teams delivering the project is not always a direct client consideration. Cost, or an existing relationship, are still often the main considerations in the selection process.
Many of the problems that occur in construction relate to gaps and lack of understanding at the interface between the designer and the constructor. Ensuring that the construction follows the design and specification can be addressed through build assurance methods, but these are rarely used outside industries such as nuclear and oil/ gas.
When the procurement process is driven principally by cost there is a risk of the design and construction being compromised. Margins are tight and tenders are often won by contractors in the knowledge they must make savings in the construction costs once they have been awarded the contract.
This promotes the fragmented approach, with competent individuals working in isolation, referenced in the Review Report.
There is an opportunity to drive improved competence through the procurement route. To make this attractive to clients there has to be a benefit in terms of the delivery of the project, to include better performance in delivering on time, on cost and to the required quality.
Design/ build contracts are attractive to many clients, but this format leads to fragmentation of the design process as parts of the design become ‘contractor design portions’. In these circumstances the designer with overall responsibility may lose sight and control of elements critical to the performance of the building.
The role of the professional construction bodies
The Institution of Structural Engineers has been very active in interpreting the implications of the Building Safety Act and the revised Building Regulations.and has published guidance for engineers. It is developing a competency registration process, in collaboration with the Institution of Civil Engineers.
In the September 2022 edition of the The Structural Engineer Martin Powell set out the competency framework under the two headings of technical competencies and behavioural competencies.
Engineers designing high risk buildings will need to have technical competencies in both structural and fire engineering. This requires understanding of structures, systems and components (SSC) and how they behave in a fire. The concept of SSC used in the nuclear industry is a good model.
Behavioural competencies include culture, ethics, conduct, leadership, teamwork and communication.
Contractors and other professionals
Whilst the Institutuion focus is on design engineers those parties converting the design into buildings are equally critical in achieving the aims of the Act.
Ensuring that the design intent is understood and then accurately implemented are both vital.
Effective change control is a key component here, to ensure that changes are not made to the design, or specification, without the knowledge and written acceptance of the designer.
The requirements for technical and behavioural competencies are equally applicable not only to contractors but all parties involved in the delivery of construction projects.
The future
It is clear that the construction industry has a mountain to climb in terms of measuring, improving and maintaining competence in both design and construction in order to satisfy the requirements of the Building Safety Act.
How the necessary changes will be implemented is complex and is still being developed across the industry, but the latest fire in a residential block at Hackney, London is a strong wake up call for all.