Guidance on Part J has been revised to ensure that combustion appliances can continue to function safely in more airtight homes. A new requirement has been introduced for the provision of Carbon Monoxide alarms when installing all solid fuel appliances. The changes also remove technical disincentives to the wider use of Biomass heating systems.
Building Regulations Northern Ireland, revised Technical Booklet D: Structure.
The Department of Finance and Personnel has issued new guidance on how to comply with Building Regulations, relevant for submissions made after 31 March 2010. The 2009 edition of the booklet can be downloaded from the buildings section of the Department website.
The Notification of Conventional Tower Cranes Regulations 2010 come into force on 6 April 2010. Employers will have to notify the Health & Safety Executive of relevant information, including the site address and the name and address of the crane owners, within 14 days of a thorough examination of the crane, which must be carried out following installation on a site. The regulations do not apply to self-erecting tower cranes or mobile cranes.
The HSE has produced guidance at www.tinyurl.com/hsecraneregs
Consumer Code for Housebuilders
Although not a statutory requirement the code and redress scheme have been developed to ensure that customers are dealt with fairly throughout the home buying process. The Code came into effect for all new home buyer registrations signed on or after 1 April 2010, for homes built under the insurance protection of supporting home warranty bodies. An article on the Code appeared in the January issue of Master Builder and further information is available at www.newhomesconsumercode.com
Local authority building control charges
From 1 April Local Authorities in England and Wales will have greater flexibility in how they charge for building control services under the Building (Local Authority Charges) Regulations 2010
PLANNING
Permitted Development for non-domestic developments
Reforms to the planning system in England will allow industrial premises, offices, shops, hospitals and educational buildings to undergo minor developments without the need for full planning permission from 6 April. These new rights will be subject to certain constraints which are designed to minimise impacts on neighbouring properties and the wider environment. Statutory Instrument SI2010:654 sets out permitted developments for each class of building www.tinyurl.com/uksiplanning
Reduced fees to extend existing planning permissions
Measures to enable businesses and homeowners in England and Wales to extend existing planning permissions, without the expense and red tape of a new planning application, were introduced in October 2009. The regulations to set new fee levels came into force on 26 February.
To extend an existing planning application the fees are:
- £50 for householder developments
- £500 for major developments and
- £170 for other sizes of development.
For an application to make a non material amendment to an existing planning permission the fees are; £25 for householder developments and £170 for other sizes of development.
Community Infrastructure Levy (CIL)
Draft regulations were published on 10 Feb 2010 so that, from 6 April, Local Authorities in England and Wales will be able to levy a standard charge on most types of new development, to fund the infrastructure needed to support development in their area. CIL will take the form of fixed standard charges, levied as pounds per square metre of floor space. It is intended that CIL will operate alongside and eventually replace planning obligation arrangements based on Section 106 agreements. Since April, Section 106 agreements are only permitted if they are directly related to new developments.
EMPLOYMENT
Fit Notes not Sick Notes
The format of medical statements, also known as medical certificates or sick notes, will change. From 6 April 2010 doctors will issue a statement of fitness for work or ‘Fit Note’. This will advise that the patient is either not fit for work or may be fit for work. A ‘May be fit for work statement’ will give advice on actions that could be taken by the employer to help the employee back to work.
A booklet from the Department for Work and Pensions is available at www.tinyurl.com/dwpfitnoteguide
More flexibility for parents taking maternity and paternity leave
Regulations are expected to come into force in April 2010 which will allow parents of children due on or after 3 April 2011 to transfer part of the mother’s maternity leave to the father. Fathers will be able to benefit from up to 26 weeks paternity leave if the mother returns to work before the end of her maternity leave period. This will be available during the second six months of the child’s life and some of the leave may be paid if taken during the mother’s 39 week Statutory Maternity Pay (SMP) period, it would be paid at the same rate as SMP.
Agency workers legislation will not take effect until October 2011
The Agency Workers Regulations 2010 state that agency workers must be given the same pay, holidays and basic conditions as directly recruited staff, if they have been in their position for more than 12 weeks. However, the new rules will not come into force until October 2011 and only some sections of the Regulations will apply in Northern Ireland.
Employees right to request time for training
Eligible employees in large organisations with more than 250 employees will have a right to ask their employer to give them time to undertake training from 6 April 2010. This right will be extended to employees in smaller organisations from April 2011.
See www.businesslink.gov.uk/timetotrain
Ban on blacklisting of trade unionists
From 2 March 2010, The Employment Relations Act 1999 (Blacklists) Regulations 2010 make it unlawful to compile, supply, sell or use a ‘prohibited list’, that has been compiled to be used to discriminate, on grounds of trade union membership or activities, when recruiting or employing people.
Normal minimum pension age rises to 55
Under the 2004 Finance Act, after 6 April 2010, the minimum age at which people can start to receive pension payments, from an occupational or personal pension scheme rises from 50 to 55 in most cases. This applies across the UK including Northern Ireland.
As well as all these new regulations benefit rates also go up in April
The following statutory payment rates have been announced for 2010-11. For employees earning £97 or more per week, the new rate for Statutory Sick Pay applies from 6 April 2010 and the new rates for Statutory Maternity Pay, Statutory Paternity Pay and Statutory Adoption Pay apply for complete pay weeks commencing on or after 4 April 2010.
BUSINESS
Small business rate relief (SBRR)
The thresholds for small business rate relief in England are to increase. You can claim SBRR if you occupy only one property and its rateable value is below a certain threshold.
On 1 April 2010, this threshold will increase from:
- £21,500 to £25,500 for properties in Greater London
- £15,000 to £18,000 for properties outside Greater London.
Penalties for personal data protection breaches
From 6 April 2010 the Information Commissioner may impose a penalty of up to £500,000 for serious contraventions of data protection principles. For the penalty to apply, the misuse of personal data must have been likely to have caused substantial damage or distress and the data controller must have deliberately carried out the contravention, or known that there was a risk of the contravention occurring and failed to take reasonable steps to prevent it. These regulations will apply across the UK.
Further information on both of these issues is available from Businesslink Regulation updates at www.tinyurl.com/personaldataregs
(Most of these regulations do not apply in Northern Ireland unless indicated otherwise)
