Possibility of Prosecution

The new part F regulations will come into force in mid-June and people are talking about the possibility of prosecution. We are told that more building inspectors are being recruited and new rules will bring scrutiny. But, does that lead to prosecution? Or is there a much bigger risk to your business?

All window companies and fitters should check out the changes to part F of the building regulations. You can view or download it from the government website Approved Document F: Volume 1 applies to dwellings (publishing.service.gov.uk)

New Regulations

In essence, the new regulations are increasing the amount of airflow required, and closing some loopholes that existed previously. As we have sealed up our buildings we have restricted the way air can filter through and this has left us with polluted air, high humidity levels, and mould. Increased ventilation makes our houses better and healthier places to live, so perhaps the regulation changes were inevitable. But, in an industry that has such a history of grey areas, will everybody comply? And if they don’t will there be some sort of prosecution?

New Build Properties

New build properties are fairly closely monitored, and window replacement meets less scrutiny. It has to be recognised that the replacement window market has a long history of “sharp practice”. Of course, the big players in the market have their plans in place and will comply because they are “in the spotlight” and they have technical departments that properly understand what is required.

The bulk of the medium ground has installations covered by the competent persons’ scheme and a very small number of those are audited. While these companies intend to complete good installations they sometimes have a limited understanding of the regulations and little time to check the teams that work for them. There is also a substantial area of the market where small operators, possibly “one man bands” have almost no understanding of the regulations and no real desire to Increase costs. So, who is checking and who pays the price when something goes wrong?

Prosecution in Training and Auditing

Fensa, Certass and other schemes offer training and auditing. For much of the market this seems adequate, especially as these companies have every desire to offer a top quality fully compliant installation. Ultimately local authority building control have the responsibility to provide sign off on work completed in their areas.

All these authorities will undoubtedly be looking at the window vents, checking the Equivalent Area markings and they will discover places where the vents do not comply. In reality, the chance of anything more than a requirement to make good is slim, so talk of prosecutions is perhaps a little premature.

However, that flag on the local authority or Fensa system cannot be good for anyone in the building trade. Also, the cost and awkwardness of trying to retrofit trickle vents is a real issue. It is one thing to rout a slot in a window in the factory. It is quite another to try to form a proper, suitably sized slot when a window is in the original place. At the very least, the time spent resolving this across a property is likely to wipe out the profit on the job. A slot and a vent is actually a very small addition to cost when applied at the work bench.

Prosecution is premature and auditing is limited, therefore it seems that there is very little risk to a non-compliant window company. Maybe that would have been true when we all used the Yellow Pages to find companies and our letters of complaint were only viewed by disinterested newspaper editors. But today, shady dealings are much easier to bring to public attention.

Social Media Platforms

Facebook, Linkedin, Tik-tok, and all the other social media platforms bring a company’s misdemeanours racing towards a simple google search. Think about this. The onus on compliance is on the property owner. So, if the building control inspector has reason to check and finds the installation lacking, it is the building owner/ householder who is going to get the notice of non compliance. Having spent a lot of money on their beautiful new windows they are likely to be furious. Most people will get the company to fix any problems and they will be supported by building control, but that will not be all.

When a customer has received a bad experience they will broadcast this anywhere they can. They will post pictures on Facebook and elsewhere with their opinion of the company that cannot install windows properly. They will scrutinise the “repair” to their new windows and publish anything that does not meet their fullest expectations. And once posted these things stay visible. When a customer researches this company they will choose a competitor if there are negative review. Social media can be a grand source of new business when your customers are happy. One annoyed customer can devastate a company using that same tool.

Our social media platforms;

Website: https://brookvent.co.uk/

LinkedIn: https://www.linkedin.com/company/brookvent/mycompany/?viewAsMember=true

Facebook: https://www.facebook.com/Brookvent/

Instagram: https://www.instagram.com/brookvent1/?hl=en

In Conclusion, the cost of compliance is small and the risk of non compliance is much higher than you might have first thought. Our advice is simple. Educate yourself, we at Brookvent can help you with that. Comply with the new regulations, we can help with that too. Enjoy the fruits of your labour and sleep soundly knowing you do the right thing.

We at Brookvent are always on hand to help with your ventilation needs and guide you through the new regulations. Please email hello@brookvent.co.uk or give our friendly team a call on 028 9061 6505.

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