The document summarizes the new optional technical housing standards for planning authorities in England, which aim to simplify existing standards. It outlines that local authorities now have the option to require higher accessibility standards (M4 categories 1-3) and water efficiency standards through their local plans. It also introduces a new nationally described space standard that can be applied as a planning requirement. Local authorities are advised to gather evidence on local need and viability when considering adopting any of these optional standards in their plans or as planning conditions.

1. Getting to grips with the new
technical standards for housing
Alice Lester
Date: 5 November 2015 www.pas.gov.uk

2. Housekeeping + Introductions

3. What is Planning Advisory Service
for?
“The Planning Advisory Service (PAS) is part
of the Local Government Association. The
purpose of PAS is to support local planning
authorities to provide effective and efficient
planning services, to drive improvement in
those services and to respond to and deliver
changes in the planning system”
(Grant offer letter for 2014-15)

4. Key Facts
• Started in 2004
• Funded by DCLG
• 11 staff. Supplier framework. Peer community.
• Always subsidised. Mostly without charge.
• Non-judgemental. Not inspectors
• Respond to reform. Keep you current
• Support, promote, innovate

5. Objectives for today
To help you to understand the new technical
standards for water, access, energy and space
in new houses.
• How this approach differs from the local
standards to date
• What you need to do if you want to apply the
optional standards – plan policy needs and
viability testing
• Applying the standards to developments

6. Introductions
• Stephen Porter from DCLG - Housing
Standards Review and Zero Carbon Homes
Policy Lead
• Paul Watson from Planning Officers Society
• Anna Thompson from LABC – Director of
Training.

7. Housing Standards Review Roll Out
2015
Stephen Porter, DCLG.

8. Structure of presentation
• Rationalising Housing Standards
• Housing Standards Review – Overview
• Transition and Implementation
• Building Regulations transitional provisions
• Key issues for Building Control
• Key issues for Planning Authorities
• Key Planning Issues – Development Management
The New Housing Standards
• Nationally described space standard
• Access Standard
• Water Efficiency Standard
• Security Standard
• Energy Efficiency Standard and Waste Storage
• Zero Carbon Homes
• Further information

9. Rationalising Housing Standards
Building
Regulations
Funding
Planning
Best Practice
CSH
HD
Building
Regulations
Planning
HQI
LHDG
S&Q
BFL
SBD
LTH
AH Funding
Benchmarks
WHDG

10. Housing Standards Review – Overview
Background:
• Fundamental review of planning technical housing standards, and their link to
building regulations
• Aims - reduce bureaucracy and costs, reform and simplify framework, make
house-building process easier to navigate, reduce contradictions and overlap &
allow local choice
• Extensive work with stakeholders from a range of sectors e.g. house builders,
local authorities, disability and energy groups etc. (over 140 different groups)

11. Housing Standards Review – Overview
Outcome:
• March 2015 – launch of new approach and set of streamlined national technical standards
• The new standards are - optional building regulations for access and water efficiency, new
nationally described space standard (planning standard), new mandatory security standard
added to building regs (Part Q).
• Planning WMS set out policy on application of technical standards for plan making and
decision-taking
• Deregulation Act 2015 set out powers to introduce optional requirements & amend Planning
& Energy Act
• Code for Sustainable Homes ended (aside from legacy cases)
• New approach will save house builders and councils around £100 million (Impact
Assessment)
Status:
Planning transitional period ended in Sept. Implementation from Oct 2015

12. Transition and Implementation
Before Mar 2015 Mar 2015 Oct 2015 Oct 2016
Access
(Lifetime Homes)
Access
(Wheelchair Housing Design
Guide)
Security
(Secured by Design - Part 2)
Energy
Space
Water
Code for Sustainable Homes
Other technical standards e.g.
materials (sustainability),
overheating (internal
technical)
Keep policy but triggers Part M2
Keep policy but triggers Part M3
Part Q applies
Can keep-as-is
Can keep-as-is
Can keep for 6 months
Policies up to code 4 (Equivalent) Part L 2016 only
Except for legacy cases
End
Policies up to code 4 (Equivalent) - 110 lpd Part G higher standard applies - 110 lpd
Can keep-as-is Keep policy but triggers national space standard
Ends

13. Key issues for Building Control
Building Control bodies should be aware of the following:
Optional regulations
• 2015 Regulations made changes to the building control system in respect of optional requirements
• Optional requirements will be imposed by LPAs as planning conditions
• Person carrying out work will be responsible for informing building control that a condition has been applied
• Compliance with optional requirement conditions will be overseen by building control bodies (local authorities or
approved inspectors)
• These cannot be applied through planning permission where a building notice, full plans deposit or initial notice
given before that date
• Enforcement of the optional standards will be through the building control system. But only where the building
regulations application is given after 1 October.
• New mandatory security standard - Part Q - and will be overseen by building control bodies not planning.

14. Key Planning Issues – Development
Management
Before 30 Sept – WMS discouraged planning permissions requiring technical standards except:
• Where there are existing local plan policies on access / space / water Existing policies on access /
space /water could only be relied on until 30 Sept.
• Code – not require Code in general (it has been withdrawn) apart from legacy cases
• But where existing plan policy references Code, can continue to apply
• Water efficiency standard equivalent to new national standard
• Energy standard up to Code 4 equivalent (i.e. a 20% uplift over Part L)
From 1 Oct 2015 – Planning permissions requiring adherence to the optional standards only:
• Where passported policies are in plans (i.e. policies can remain in plans, but outcome must reflect
Government Standards), or where new optional regulations policies are in plans.

15. Key issues for Planning Authorities
LPAs should :
• Following the WMS, LPAs should set out clearly how existing local plan policies be
“passported” in order to be given effect in local decisions
• Consider if optional standards are needed in their area
• Gather needs evidence, apply viability costing - guidance is on the NPPG website
• Undertake partial plan review if necessary – no need to review entire local plan
• There is no time limit to update plans (aside from usual need to keep plans up to
date)
• No additional, non-Government, technical housing standards should be applied to
developments
• No new Code policies to apply in local plans – CODE has been withdrawn

16. The New Housing
Standards

17. Nationally described space standard
Key points:
• Optional standard - authorities can adopt it where they wish to set space standards in new developments
• A planning standard - not an optional building regulation – so will be implemented through the planning system
• Scope - applies to all tenures
• Plan making – space standard can only be applied where there is a local plan policy based on evidenced local
need, and where the viability of development is not compromised
• Planning conditions & permission – once in plans, authorities can apply them as conditions when granting
planning permission
• Compliance & enforcement - by planning authorities
• Commencement date – From 26 March 2015 - the date the Deregulation Bill received Royal Assent
Components:
• Minimum ceiling height: 2.3m
• Internal storage: 1.5m2 for 1b, extra 0/5m2 per bedroom
• Double bedrooms: 11.5m2, main double 2.75m wide, others 2.55m wide
• Single bedrooms: 7.5m2, 2.15m wide

18. Access Standard
Key points:
• Two optional building regulations requirements - set above basic minimum in Part M of Building Regulations
• 1st delivers accessible and adaptable housing to meet the needs of older and some disabled people
• 2nd delivers wheelchair user housing
• Plan making – optional requirements can only be applied where there is a local plan policy based on evidenced
local need, and where the viability of development is not compromised
• Planning conditions & permission – once in plans, authorities can apply them as conditions when granting
planning permission
• Compliance & enforcement – by Building Control bodies
• Transition & implementation – planning transitional period is from Mar to Sept, comes into effect on 1st Oct
2015
Components:
Requirements are now known as:
• M4(1) Category 1: Visitable dwellings
• M4(2) Category 2: Accessible and adaptable dwellings
• M4(3) Category 3: Wheelchair user dwellings
Approved Document M changes - has been split into two volumes:
• Volume 1, Dwellings (which incorporates the new optional requirements),
• Volume 2, Buildings other than dwellings (guidance in this part remains unchanged)

19. Water Efficiency Standard
Key points:
• An optional building regulation - set at a level above the national minimum in the Building Regulations 2010
• Plan making – optional requirements can only be applied where there is a local plan policy based on evidenced
local need, and where the viability of development is not compromised
• Planning conditions & permission – once in plans, authorities can apply them as conditions when granting
planning permission
• Compliance & enforcement – by Building Control bodies
• Transition & implementation –planning transitional period is from Mar to Sept, comes into effect on 1st Oct 2015
Components:
• Requires new homes to be built so that their estimated water use is no more than 110 litres/person/day

20. Security Standard
Key points:
• A new mandatory security requirement – new part Q of the Building Regulations
• Applies to all new homes – including those formed by a material change of use
• Compliance & enforcement – by Building Control bodies
• Transition & implementation – planning transitional period from Mar to Sept. Comes into effect on 1st Oct 2015
Components:
• The standard is based on BSI’s PAS 24

21. Energy Efficiency Standard and Waste
Storage
Energy efficiency
• Energy efficiency standards should only be set out in the Building Regulations (Part L), but with an additional 20%
uplift where authorities wish to go further.
Waste storage
• We amended statutory guidance on waste storage in Approved Document H (Drainage and waste disposal) to
help ensure it is properly considered in new housing development
• Inserted reference to industry guidance on waste storage published by the NHBC Foundation - provides
information about, and examples of, how to design well-considered waste storage

22. Zero Carbon Homes
• The Productivity Plan announced that we will not proceed with zero carbon homes (or the associated zero
carbon standard for new non-domestic buildings).
• The zero carbon standards would have placed a significant regulatory burden on house builders and
developers.
• Carbon off-setting element – ‘allowable solutions’ – would count as a tax on developers and has no benefit to the
home buyer
• We’re giving the industry ‘breathing space’ to build the highly energy efficient homes required by recent
changes to building regulations but we will keep energy requirements under review.

23. Further information
Further information - available from GOV.UK
Other useful links:
• Planning written ministerial statement
• Planning guidance for housing optional technical standards
• A nationally described space standard
• Approved Document M: volume 1 - access to and use of dwellings
• Approved Document M: volume 2 - access to and use of buildings other than dwellings
• Approved Document Q - security - dwellings
• Approved Document G - sanitation, hot water safety and water efficiency
• Approved Document H - drainage and waste disposal
• Circular letter

24. Planning Advisory Service
Wednesday 5 November 2015
BRISTOL
Getting to grips with the new technical standards
for housing
Paul Watson
Independent Planning and Urban Design Consultant
Design Council CABE Built Environment Expert
Past President, Planning Officers Society
Housing Standard Review Challenge Panel

25. Housing Standards Review
Challenge Panel
* guarantee the level of ambition of the review
* unconstrained by past, present or emerging policy
* related rules & standards applied through the planning system
Dialogue throughout HSR process with formal report June 2013
and continuing input

26. Challenge Panel principles
* regulation only where national policy imperative and market failure
* transparent processes
* tenure blind
* necessary and proportionate regulation
* clear, simple & certain regulation
* no duplication or shifting the burden
Facilitate & prompt better practice & performance
with no risk to quality & sustainability of new homes and places

27. Progress to date
A good start
* sensible rationalisation
* greater clarity in role & scope of regulatory regimes
* tenure blind
* facilitate efficiencies in supply chain
Outstanding issues
* indoor environment inc daylighting, sunlighting and sound insulation
* materials
* processes for review & amendment of Building Regulations
* use of labelling, insurances & warranties
Concerns
* Zero Carbon
* opt in
* burden on planning system

28. HSR: implications for local planning authorities
Expectations of Local Plans
* adaptable and wheelchair homes
* water stress areas
* space standards
Need and viability: and policy prescription & restriction
Local Plan (partial) reviews: or national legislation
Neighbourhood Plans
* scope
* discretion
Development management
* transitional arrangements, inc passporting of existing policy
* conditions & discretion
* compliance
An addition to the toolkit…

29. Planning toolkit I
* National Planning Policy Framework
* National Planning Practice Guidance
* Local Plans
* Community Infrastructure Levy
Place base arguments for growth
delivered through good design

30. Planning toolkit II
* Neighbourhood Plans
* master plans and development briefs
* pre-application discussions
* Design & Access Statements
* Building for Life 12
* Design Review
* Codes
* conditions and amendments
Local vision and leadership

31. Dangers of over-prescription
* numbers not place
* creativity & innovation
* role of the market
Delivering public policy objectives through private investment

32. PLANNING PRACTICE GUIDANCE
Housing- Optional Technical Standards
Guidance on how planning authorities can gather evidence to set optional
requirements and the nationally described space standard.
ID: 56
Updated: 27 03 2015
Introduction
Accessibility and wheelchair housing standards
Water efficiency standards
Internal space standards

33. Introduction
What are the new optional technical housing standards?
The Government has created a new approach for the setting of technical standards for new housing. This
rationalises the many differing existing standards into a simpler, streamlined system which will reduce burdens
and help bring forward much needed new homes. The Government set out its policy on the application of these
standards in decision taking and plan making in a Written Ministerial Statement, which also withdraws the Code
for Sustainable Homes aside from legacy cases.
What optional technical housing standards can local planning authorities set?
Local planning authorities have the option to set additional technical requirements exceeding the minimum
standards required by Building Regulations in respect of access and water, and an optional nationally described
space standard. Local planning authorities will need to gather evidence to determine whether there is a need for
additional standards in their area, and justify setting appropriate policies in their Local Plans.
How should local planning authorities assess viability concerns for setting optional Building Regulation
requirements and the nationally described space standard?
Local planning authorities should consider the impact of using these standards as part of their Local Plan viability
assessment. In considering the costs relating to optional Building Regulation requirements or the nationally
described space standard, authorities may wish to take account of the evidence in the most recent Impact
Assessment issued alongside the Housing Standards Review.
Where can I find out more about the standards?
Further information on the access standard and water efficiency standard standards are available from the
Planning Portal.
Further information on the nationally described space standard is available from GOV.UK.

34. Accessibility and wheelchair housing standards
Can local planning authorities require accessibility, adaptability and wheelchair standards in new
dwellings?
The National Planning Policy Framework (NPPF) is clear that local planning authorities should plan to create
safe, accessible environments and promote inclusion and community cohesion. This includes buildings and their
surrounding spaces. Local planning authorities should take account of evidence that demonstrates a clear need
for housing for people with specific housing needs and plan to meet this need.
How should local planning authorities assess the need for accessibility requirements?
The National Planning Policy Framework requires local planning authorities to have a clear understanding of
housing needs in their area, including those for people with specific housing needs. The Framework provides
guidance on the methodology that can be used to undertake the needs assessments.

35. What evidence should local planning authorities use to demonstrate a need to set higher accessibility,
adaptability and wheelchair housing standards?
Based on their housing needs assessment and other available datasets it will be for local planning authorities
to set out how they intend to approach demonstrating the need for Requirement M4(2) (accessible and
adaptable dwellings), and / or M4(3) (wheelchair user dwellings), of the Building Regulations. There is a wide
range of published official statistics and factors which local planning authorities can consider and take into
account, including:
* the likely future need for housing for older and disabled people (including wheelchair user dwellings).
* size, location, type and quality of dwellings needed to meet specifically evidenced needs (for example
retirement homes, sheltered homes or care homes).
* the accessibility and adaptability of of existing housing stock.
* how needs vary across different housing tenures.
* the overall impact on viability.
To assist local planning authorities in appraising this data the Government has produced a summary data
sheet. This sets out in one place useful data and sources of further information which planning authorities can
draw from to inform their assessments. It will reduce the time needed for undertaking the assessment and
thereby avoid replicating some elements of the work.

36. What accessibility standards can local planning authorities require from new
development?
Where a local planning authority adopts a policy to provide enhanced accessibility or adaptability they should
do so only by reference to Requirement M4(2) and / or M4(3) of the optional requirements in the Building
Regulations. They should clearly state in their Local Plan what proportion of new dwellings should comply with
the requirements. There may be rare instances where an individual’s needs are not met by the wheelchair
accessible optional requirement – see paragraph 011 below.
Local Plan policies should also take into account site specific factors such as vulnerability to flooding, site
topography, and other circumstances which may make a specific site less suitable for M4(2) and M4(3)
compliant dwellings, particularly where step free access cannot be achieved or is not viable. Where step-free
access is not viable, neither of the Optional Requirements in Part M should be applied.

37. What issues should local planning authorities consider in determining whether dwellings should be fully
wheelchair accessible or adaptable?
Part M of the Building Regulations sets a distinction between wheelchair accessible (a home readily useable by
a wheelchair user at the point of completion) and wheelchair adaptable (a home that can be easily adapted to
meet the needs of a household including wheelchair users) dwellings.
Local Plan policies for wheelchair accessible homes should be applied only to those dwellings where the local
authority is responsible for allocating or nominating a person to live in that dwelling.
How should authorities determine whether accessible and adaptable or wheelchair user dwellings
(M4(2) or M4(3)) should be required in non-lift serviced flats?
The Building Regulations for accessible and adaptable or wheelchair user dwellings require that these types of
dwelling should achieve step-free access. In setting policies requiring M4(2) and M4(3) compliant dwellings,
local planning authorities will need to assess whether this has an impact on non-lift serviced multi-storey
development in their local housing mix. Where step-free access in this type of development is not viable, neither
of the Optional Requirements in Part M should be applied.
Where an individual has specific needs that would not be met by the wheelchair accessible optional
requirement can a local planning authority ask for a different standard?
Where there is a very specific and clearly evidenced accessibility need, which is outside of what is provided for
by the wheelchair accessible standard, a local planning authority can have different requirements in order to
meet that need. This should only be required to meet the needs of a specific individual and therefore should only
be required of a home where a local authority allocation policy applies. Such a requirement would also be
subject to viability considerations.
Where can I find out more about the access standard?
Approved Document M, volumes 1 – access to and use of dwellings and 2 – access to and use of buildings
other than dwellings are available from the Planning Portal.

38. Water efficiency standards
Can local planning authorities require a tighter water efficiency standard in new dwellings?
In setting out how the planning system should contribute to the achievement of sustainable development, the
National Planning Policy Framework and Guidance makes clear this includes planning to provide the high
quality housing required to meet the needs of present and future generations, and helping to use natural
resources prudently. The Framework’s policies expect local planning authorities to adopt proactive strategies to
adapt to climate change that take full account of water supply and demand considerations. Early engagement
between local planning authorities and water companies can help ensure the necessary water infrastructure is
put in place to support new development. Water supply guidance is available from paragraph 001, reference
ID: 34-001-20140306.The local planning authority may also consider whether a tighter water efficiency
requirement for new homes is justified to help manage demand.
What standard should be applied to new homes?
All new homes already have to meet the mandatory national standard set out in the Building Regulations (of
125 litres/person/day). Where there is a clear local need, local planning authorities can set out Local Plan
policies requiring new dwellings to meet the tighter Building Regulations optional requirement of 110
litres/person/day.
How should local planning authorities establish a clear need?
It will be for a local planning authority to establish a clear need based on:
* existing sources of evidence.
* consultations with the local water and sewerage company, the Environment Agency and catchment
partnerships.
* consideration of the impact on viability and housing supply of such a requirement.

39. What are the existing sources of evidence?
Primary sources of evidence which might support a tighter water efficiency standard for new dwellings are:
* The Environment Agency Water Stressed Areas Classification (2013) which identifies areas of serious water
stress where household demand for water is (or is likely to be) a high proportion of the current effective rainfall
available to meet that demand.
* Water resource management plans produced by water companies
* River Basin Management Plans – which describe the river basin district and the pressure that the water
environment faces. These include information on where water resources are contributing to a water body being
classified as ‘at risk’ or ‘probably at risk’ of failing to achieve good ecological status, due to low flows or reduced
water availability.
In addition to these primary data sources, locally specific evidence may also be available, for example
collaborative ‘water cycle studies’ may have been carried out in areas of high growth.
Where can I find out more about the water efficiency standard?
Further information on the water efficiency standard is available from the Planning Portal.

40. Internal space standards
Can local planning authorities require internal space standards in new homes?
The National Planning Policy Framework says that local planning authorities should identify the size, type,
tenure and range of housing that is required in particular locations, reflecting local demand.
Where a local planning authority (or qualifying body) wishes to require an internal space standard, they should
only do so by reference in their Local Plan to the Nationally Described Space Standard.
What standard should be applied to new homes?
The requirements of the space standard are set out in a supporting document – the Nationally Described
Space Standard.
How should local planning authorities establish a need for internal space standards?
Where a need for internal space standards is identified, local planning authorities should provide justification for
requiring internal space policies. Local planning authorities should take account of the following areas:
* need – evidence should be provided on the size and type of dwellings currently being built in the area, to
ensure the impacts of adopting space standards can be properly assessed, for example, to consider any
potential impact on meeting demand for starter homes.
* viability – the impact of adopting the space standard should be considered as part of a plan’s viability
assessment with account taken of the impact of potentially larger dwellings on land supply. Local planning
authorities will also need to consider impacts on affordability where a space standard is to be adopted.
* timing – there may need to be a reasonable transitional period following adoption of a new policy on space
standards to enable developers to factor the cost of space standards into future land acquisitions.

41. Who is responsible for ensuring compliance with the internal space standard?
Unlike other aspects of the Housing Standards Review, the space standard has not been incorporated into the
Building Regulations. Establishing compliance and any enforcement action therefore rests with the local
planning authority.
Building control bodies may choose to provide checking of the space standard in development proposals as an
additional service alongside carrying out their building control function. In these circumstances, local planning
authorities may wish to avoid further additional checking of plans with regard to space standards.
Where can I find out more about the nationally described space standard?
Further information on the nationally described space standard is available from GOV.UK.

42. VIABILITY TESTING
Housing standards review: final implementation impact assessment
Ref: ISBN 978-1-4098-4 PDF, 1MB, 56 pages
The evidence used in this impact assessment is further supported by three reports prepared for the department
by EC Harris and Adroit Economics. These set out the cost impacts (PDF, 1.79MB, 116 pages), a local authority
policy survey (PDF, 605KB, 42 pages) and evidence (PDF, 1MB, 69 pages).
Examples
* adaptable homes +£520 - £940
* wheelchair adaptable homes + £7,607 - £10,568 plus additional space
* wheelchair accessible +£7,764 - £23,052 plus additional space
* enhanced water standard +£2,697
* + 5sqm = +£2,700 - £3,600 (£758 - £1,014 net of cost recovery)
Disclaimer: figures subject to checking & updating
Local Plans
Site specific viability …. and practicality & design implications
Conditions & obligations

43. LEFT FIELD
Permitted development
Holgate J: West Berkshire District Council Reading Borough Council v DCLG 31 July
2015

44. QUALITY AND DELIVERY
* more homes
* more affordable homes
* better homes
* better places
The Holy Grail…

47. OVERVIEW
Strategic implications of HSR
Identifying issues
* with Environment Agency and water companies
* through random sampling of recent planning applications
* recognising restrictions on scope of policy development
Quantifying needs
with Social Services & Housing colleagues
Reasonable requirements of development
Implications for site capacity and land supply
Passporting existing policy
Open process with formal Council approval
Awareness but not consultation
Prospect for challenge – evidence base & viability testing
Design implications of HSR
Ramps, canopies, porches, parking spaces, garages, lifts, etc
Viability, practicality & desirability at site specific level

48. PRW Strategic Advice: planning & urban design
solutions

49. Housing Standards Review and Optional
Requirements:
What planners need to know
Anna Thompson
LABC Director of Training

50. This short presentation has been produced by LABC (Local Authority
Building Control) to provide training and information for Planning and
Development Control Officers on the Housing Standards Review, and how
the outcomes affect both Planning and Building Control.
There is some concern that a lack of knowledge of the new legislation may
lead to difficulties for all parties involved in the design and approval
process. Development Control Officers will need a basic grasp of the
technical aspects of the new Regulations to avoid potential pitfalls and
complaints.
The Housing Standards Review

51. Aims
 To prevent Planning Authorities imposing
local technical requirements on the
construction of new dwellings;
 Cuts red tape for developers by removing
local standards (e.g. 12 wheelchair
accessible housing standards in London
alone);
 To wind-down the Code for Sustainable
Homes, leaving Building Regulations Part L
as the sole energy efficiency delivery
mechanism;
 To provide a set of national standards for
some issues that can only be applied by
Planning Authorities including them in the
local plan.
The Housing Standards Review

52. Outcomes
 Planning may only apply various national standards for space, water
efficiency and accessibility where part of the local plan
 A ‘Nationally Described Space Standard’ replaces all other local
standards and sits outside of Building Regulations
 Building Regulations Requirement Q1 (Security) is to apply to all new
dwellings from 1st October 2015
 Building Regulations Parts G2 and M4 are amended to include ‘optional
requirements’ that may be triggered by Planning Conditions
The Housing Standards Review

53. Methodology:
 Planning Department includes optional requirements in the local plan
 Planning make Building Regulations optional requirements part of their
conditions for permission;
 The duty is for the developer to inform their Building Control body that
optional requirements apply to the submission;
 Building Control check and inspect the dwelling in accordance with the
optional requirements;
 Any enforcement of the requirements falls to Building Control and not
with planning.
The Optional Requirements

54. The Optional Requirements
What could possibly go wrong?
 Development Control approve a scheme with optional
requirements as planning conditions
 The applicant submits for Building Regulations approval
 Building Control inform the developer that the houses /
flats are not big enough, and that certain external
features are required, making the site layout non-
compliant
 The developer then has to resubmit a revised scheme to
Development Control, incurring costs, delays and many
complaints. This is more likely with (but not exclusive to)
small developers
So please read on to get a fuller understanding of the
technical aspects of the Optional Requirements

55. Changes to the Building Regulations
Optional Requirements

56. Building Regulations Part G – Water Efficiency
 Requirement G2 contains a ‘standard’ level for
Water Efficiency, and also a higher level which can
be invoked as an ‘optional requirement’
 The levels are expressed as an amount of water
use in litres/per person/per day, either 125
(standard) or 110 (optional).
 Water use is calculated based on the flow rate of
taps, showers and installed white goods, and the
capacity of baths and W.C.’s.
 The figures are based on how often the ‘average’
person uses each appliance, therefore the flow
and capacity limit water consumption
 Part G applies to new-build dwellings and those
formed by Change of Use

57. Building Regulations Part G – Water Efficiency
 Requirement G2 exists
because of water stress
on supplies in certain
parts of the country.
 The optional
requirement can only be
invoked where justified
in the Local Plan
 It will have no serious
implications for
developers other than
their selection of fittings
in the dwelling

58. Building Regulations Part M – Access to and use
of buildings. Volume 1: Dwellings
 A new Approved Document for Part M: “Access to
and use of buildings” has been created solely for
dwellings following the housing standards review
 Part M contains a basic minimum standard for
access and use which is applied to all new
dwellings
 Additionally there are 2 higher levels that can be
invoked by planning as optional requirements
 The higher levels contain increasingly stringent
controls on access to and within the dwelling
 This is the area of greatest concern in terms of
designing a compliant dwelling and site layout

59. Applies to all new build dwellings…
 Regulation M4 applies to dwellings only – and is in three parts;
M4(1) – Category 1 Visitable Dwellings (all dwellings, as existing)
M4(2) – Category 2 Accessible and adaptable dwellings (optional)
M4(3) – Category 3 Wheelchair user dwellings (optional)
 Applies to new dwellings but not an extension to a dwelling.
 Does not apply to Change of Use

60. Part M Volume 1 – Dwellings
M4(1) - Category 1 Visitable dwellings – default standard
Key aims
• Provision for people to approach dwelling, including wheelchair users, step free
where possible.
• Able to access dwelling from most likely point of alighting from a car
• Able to enter the dwelling
• Able to access habitable rooms at entrance storey (or principal storey if entrance
storey contains no habitable rooms)
• Able to access a WC at entrance storey (or principal storey if entrance storey
contains no habitable rooms)
• A disabled person who can walk can access any dwelling in a building containing
dwellings
• This applies as default to all dwellings

61. M4(2) – Category 2 Accessible & Adaptable Dwellings
Optional Requirement
Key aims
• Step free access to dwelling, car park space and any communal areas (e.g.
waste storage).
• Step free access to WC and any other accommodation within entrance
storey
• Step free access to private outdoor space connected directly to entrance
storey
• A wider range of people including the elderly, disabled people and some
wheelchair users can use the accommodation and its facilities
• Able to be adapted in the future

62. M4(2) The technical bit…
 The following slides will take you
through the key issues involved in
designing to Optional Requirement
M4(2)
 As you will see there is plenty of
opportunity for developers and
planners to miss key issues at planning
application stage that will impact on
site layout, internal and external house
design

63. M4(2) – Accessible and Adaptable Dwellings - Approach to the
dwelling
 Access routes must be step free, regardless of storey dwelling is on or
gradient of site. The maximum allowable gradient for a ramp is 1:12, with
landings every few metres.
 Applying this optional requirement on a steep site will result in something
like this picture, or an unbuildable dwelling.

64. Planning Practice Guidance…

65. M4(2) Accessible and Adaptable Dwellings - Car parking
Applicable only where parking is provided within the curtilage:
 Private in curtilage :
 1 standard space (2.4 x 4.8m) that can be widened to 3.3m (not applicable
to a garage or car port)
 Communal to blocks of flats:
 1 standard space close to communal
entrance
 900mm access zone to side, and
 Dropped kerbs min 1m wide, max 1:12
 Parking drop off, where provided
 Close to communal entrance
 Level or gently undulating

66. M4(2) Accessible and Adaptable Dwellings - Car parking
As this space cannot be widened to 3.3m, this would be non-compliant with
optional requirement M4(2)

67. M4(2) Accessible and Adaptable Dwellings - Communal
entrances
• 1500 x 1500mm level
landing in front of
communal entrance.
• Landing must be
covered to 1200 x
900mm, canopies will
be provided to achieve
this.

68. M4(2) Accessible and Adaptable Dwellings - Communal
entrances
 If M4(2) or M4(3) dwellings are flats
above ground floor then a passenger lift
must be provided to achieve step-free
access

69. Planning Practice Guidance

70. M4(2) Accessible and Adaptable Dwellings – Private Entrances
 1200 x 1200mm external landing.
 Landing covered min 900 x 600mm –
canopies or porches will be provided.
 Accessible threshold.
 If a porch or lobby is provided it must have a
minimum 1500m between doors and door
swings – the porch shown would be non-
compliant
 All external private spaces to be served by a
door meeting provisions for dimensions and
level threshold.

71. M4(2) Accessible and Adaptable Dwellings – Internal circulation
and layout
 Corridors and doors to be wider
 Access to all rooms within the entrance storey is step-free.
 Entrance storey must contain a living area (living or dining room) with a
window max 850mm above floor level (quality of life issues)

72. M4(2) Accessible and Adaptable
Dwellings – Bedrooms
Applies to all bedrooms – different access routes depending on bedroom type –
results in larger rooms
Designer must demonstrate compliance through furniture layout

73. M4(2) Accessible and Adaptable Dwellings – Entrance Level
Sanitary Facilities
 Every dwelling: Entrance storey W.C. and basin.
 Dwelling of 2-3 storeys, 3 or more beds, the W.C. also requires a level
access shower or ‘potential level access shower’ unless there is an
accessible bathroom on the same storey. Note the large minimum sizes.

74. M4(2) Accessible and Adaptable Dwellings - Bathroom
provision
 An accessible bathroom must be provided on the same storey as the
principal bedroom.
 Choose either a standard design or use the design guide to create bespoke
layout – sizes approximately 2m x 2m

75. Part M Volume 1 – Dwellings
M4(3) – Category 3 Wheelchair user Dwellings
Key Aims:
Within curtilage of dwelling (or building containing the dwelling) a step free
approach to:
• The dwelling
• Every private entrance door, any private outdoor space, car parking space,
and any communal facility for occupants use
• Internal WC at entrance storey
• Other accommodation required on entrance storey
• The dwelling is to be adaptable for future wheelchair access
• Services are accessible by people with reduced reach

76. M4(3) The technical bit…
 The following slides will take you
through the key issues involved in
designing to Optional Requirement
M4(3)
 As you will see there is more control
over both internal and external
features, and the dwelling must be
much bigger to accommodate these
requirements
 The following technical requirements
are those that are over and above the
Category 2 dwelling

77. Two types of wheelchair user dwelling;
• Wheelchair Adaptable Regulation 4(3)a - applies as default unless local
planning authority has a policy requiring dwelling to be;
• Wheelchair Accessible Regulation 4(3)b) - only possible in specific
circumstances
• Wheelchair adaptable properties have much greater flexibility in their internal
layout (e.g access zones) – they are only intended to be capable of becoming
wheelchair accessible after completion.
• Wheelchair accessible requirement likely to meet most common wheelchair
user needs.
• Certain provisions require that ability to be adaptable is demonstrated
Key Points
M4(3) Category 3 - Wheelchair user dwellings

78. M4(3) Adaptable or Accessible?

79. Same principals/requirements as M4(2) with the following extra provisions:
 Route 1200mm min width
 More restrictions on position and length of localised restrictions
 Level spaces 1500 x 1500mm at maximum 10m intervals and at both ends
 Maximum gradient 1:15
 Car parking (where provided) min 2.4 x 4.8m an access zone 1200mm to
one side and rear – INCLUDES garages and car ports
M4(3) – Wheelchair Adaptable Dwellings - Approach to the
dwelling

80. M4(3) Wheelchair Adaptable Dwellings - Car parking
 Where parking provided:
 Private in curtilage - provide an
access zone 1200mm to one side and
rear
 Includes garages and car ports where
that is the parking provision In
practice this means a garage of
minimum 3.6 x 6m – the picture is
obviously non-compliant
 Communal parking - a space with
1200mm clear zone both sides
 Communal side access zones can be
shared between spaces

81. M4(3) Wheelchair Adaptable Dwellings – Entrances and
external doors
 Communal entrances similar
to private.
 Both require 1500mm internal
turning circle.
 Both require 1200 x 1200mm
external canopy.

82. Key Points
M4(3) Category 3 – Other External Doors
 Requirements for all doors leading to
gardens, balconies, pathways and
communal facilities
 Requirements for dimensions and level
thresholds remain on all these external
doors.
 The pictures show non-compliant designs

83. Key Points
M4(3) Category 3 – Internal circulation and storage
• There are further requirements for internal
door and corridor widths – everything
becomes bigger
• There are minimum requirements for built-
in general storage
• Wheelchair storage must be provided in
the entrance with charging points

84. M4(3) Wheelchair Adaptable Dwellings – Circulation and living
spaces
 Minimum size requirements for entrance
storey living areas
 Drawings demonstrate how kitchen can be adapted
to M4(3b) standard
 Minimum worktop length for kitchens
 The designer must demonstrate how a
through-floor lift and ceiling mounted hoists
can be provided in the future

85. M4(3) Wheelchair Adaptable Dwellings - Bedrooms
Minimum size requirements for all bedrooms:
 Principal double bedroom:
i) On entrance storey or adjacent storey;
ii) Minimum 3m wide, minimum 13.5m2 area.
 Every other double or twin bedroom minimum 12.5m2 and 3m wide, 1m clear access
to one side of bed
 Every single bedroom 8.5m2 and 2.4m wide.

86. M4(3) Wheelchair Adaptable Dwellings - Sanitary provision
 W.C. facilities on the entrance storey, either:
i) A wet room with tanking and floor gulley (which may be a bathroom)
containing a W.C., basin and level access shower – the size is equivalent to
a disabled W.C. in a public building
ii) Where the dwelling has a bathroom and W.C. on the same storey the W.C.
is reduced provision (dia 3.14).

87. M4(3) Wheelchair Adaptable Dwellings - bathroom provision
Bathrooms are much bigger with the
ability to be adapted to individual
needs

88. M4(3) Wheelchair Adaptable Dwellings - private outdoor space
Definition: gardens, balconies, roof terraces
 Paved areas have suitable surfaces
 Minimum width of all outdoor spaces is
1500mm – includes paths to side of
buildings, balconies
 1500mm level turning circle free of door
swing and at ends of path
 A level or gently sloping path to every
private store, refuse or recycling

89. Wheelchair Accessible Dwellings
M4(3) Category 3(b) Key Differences
The differences between M4(3)a Wheelchair Adaptable and M4(3)b Wheelchair
Accessible apply only to internal features, not access or communal routes
Wheelchair Accessible dwellings can only be requested by planning where the
Local Authority is placing an individual into the dwelling
 Wheelchair accessible lift installed with 1500mm turning circle at every level
and power operated door
 Many more controls over services, including type of sanitary fittings and
accessibility of additional controls
 Key differences to kitchen and bathroom design

90. M4(3)b Accessible kitchens
 Kitchens become much bigger and have stringent requirements on the
placement of appliances, accessibility to worktops and height adjustable
features

91. Wheelchair Accessible Dwellings
M4(3) Category 3(b) – Sanitary Facilities
Different diagrams are provided illustrating accessible bathroom layouts and clearances.
Rooms take up significantly more space

92. Part Q - Security – 1st October 2015
 Development Control may still request ‘Secured
By Design’ security standards across the site, but
security of the individual dwelling will be dealt with
by Building Control under Part Q
 ‘Easily accessible’ doors and windows must meet
specific test criteria
 This applies to change of use as well as new-build
dwellings – this may involve some negotiation
between Building Control and Conservation
Officers on historic and listed buildings or in
conservation areas

93. What next for energy efficiency?
The CfSH will be wound down as part of the Housing Standards Review
outcomes, and Government have announced that there will be no revisions to
Part L in 2016 to effect Zero Carbon Homes

94. What next for energy efficiency?
 The Housing Standards Review prevents Local
Authority Planning Departments from influencing
the design of the building fabric in terms of energy
efficiency
 With the abolition of the Zero Carbon Homes
agenda Building Control and the industry in
general must now focus on ensuring that dwellings
actually achieve the design efficiencies
 Research demonstrates that new dwellings are
typically between 20 – 40% less efficient than
designed
 This is an industry-wide challenge to close the
‘performance gap’ and improve the compliance
with the 2013 Part L standard

95. Nationally Described Space Standards
 The Space Standards sit outside
of the Building Regulations and
can only be applied if within the
Local Plan - DC to check
compliance.
 Building Control are not involved
in the checking of Space
Standards either on plan or on
site
 There may be a temptation to
ask Building Control to do this –
but consider that many schemes
are controlled by Approved
Inspectors rather than LABC
© Presentations and their content are the copyright of LABC95 |

96. Nationally Described Space Standards
 Sets out requirements for the Gross Internal (floor) Area of new dwellings at a defined
occupancy as well as floor areas and dimensions for key parts of the home, notably
bedrooms, storage and floor to ceiling height (2.3m for 75% of the dwelling)

97. Single bed 7.5m2
& 2.15m wide
One double bed min 11.5m2
& width 2.75m others 2.55m
min floor to ceiling height main living
space is 2.3m for at least 75% of the
Gross Internal Area
Space Standards – what does this all mean?

98. Conclusions
 Local Authority Planning Departments have lost powers to influence the
technical design of dwellings through local requirements
 Planning may invoke national requirements for certain aspects where they
form part of the local plan
 The Nationally Described Space Standards will be enforced by planning
where they form part of the local plan
 Planning may also use conditions to invoke higher levels of compliance in
Building Regulations through ‘optional requirements’ (when in the local
plan), which will be enforced by Building Control. This applies to water
efficiency and accessibility standards
 There is a risk that planning applications can be approved with ‘optional
requirements’ where the dwellings or site layout do not meet access
requirements, causing problems for all concerned
 This presentation outlines the main areas of risk and outlines the key
Building Regulation issues for planners and developers

99. Thankyou

100. Questions for the panel
How?
Why?
What?
When?
Who?

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104. Recent & forthcoming PAS activity
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