CONTROL AND REGULATION OVER THE BUILT ENVIRONMENT
1.1 INTRODUCTION –
Regulation and controls exist in the form of laws and powers granted to
public officials. In a democracy laws and public powers come into being only after their
need has become apparent and proved essential to the public interest. Just as it takes
time to create laws and public power, so it takes time to change them when a change is
needed.
In this maze of architectural and urban complexity we have lost sight of what
should be foremost among are regulators: the fulfillment of human aspirations and
purpose in our surroundings. The overall implications of this problem are not limited to our
profession. Indeed, here we face one of the major social and political issues of our times-
the interlocking problems of public and private rights, of public and private responsibility,
and of the best in individual and public initiative.
1.2 HISTORY OF REGULATIONS FOR THE BUILT ENVIRONMENT:
King Hammurabi, the famous law-making Babylonian ruler who reigned from
approximately 1955 to 1913 B.C., is probably best remembered for the Code of
Hammurabi, a statute primarily based on retaliation. The following decree is from the
Code of Hammurabi:
In the case of collapse of a defective building, the architect is to be
put to death if the owner is killed by accident; and the architect’s son if the son of the
owner loses his life.
Today, society no longer endorses Hammurabi’s ancient law of retaliation but seeks,
rather, to prevent accidents and loss of life and property. From these objectives have
evolved the rules and regulations that represent today’s codes and standards for the
built environment.
1.3 INTERJECTING URBAN DESIGN INTO REGULATIONS:
Appearance and Design in Zoning, thus far has been difficult for zoning
ordinances or other regulatory techniques operating through the law to
Page 1
effectuate appearance controls. Courts are reluctant to get into matters which
they deem to be “aesthetics”.
Some design elements can be stated in definite terms. Aluminum awnings or fake
façade materials may be ruled out of an area because they are specific and not
matters of subjective judgments. This suggests that “special-character areas” can
be created under zoning administrations.
1.4 THE BUILDING ACT 1984 & THE BUILDING REGULATIONS 2010:
The Building Regulations 2010 are the minimum standards set by central
government for construction work.
The main purpose of the Regulations are to safeguard the health and safety of
people in or about buildings.
They also cover conservation of fuel and power and the provision of access and
facilities for disabled people.
The Building Act 1667 was the first piece of legislation in the world addressing
the dangers imposed by the built environment. The Act was implemented as a
result of The Great Fire of London. Today, The Building Act 1984 deals with all
aspects relating to the built environment.
The Building Regulations 2010 is the secondary piece of legislation under The
Building Act 1984, which regulates the construction of and alterations to
buildings which people regularly enter or are frequently around.
The Building Regulations 2000 are split into Parts A to P, each Part dealing with a
different aspect of building work.
1.5 SOCIAL REQUIREMENTS BEGAN TO BE MAJOR REGULATORS.
ZONING
LAND VALUES
TAXATION PLAN
COVENANTS
SUBDIVISION REGULATIONS
BUILDING CODES
OFFICIAL CITY PLAT
Page 2
1.5.1 ZONING
It specifies the use to which property may be legally put and the intensity of
development allowed, stated in terms of floor area. A zoning plan may often
specify off-street parking requirements or off-streets facilities as a ratio of floor
area.
Zoning designations have become more and more elaborate with numerous sub
classifications.
We must recognize that zoning is no substitute for design and that too often it
freezes the design of a city.
Zoning is nor plan neither design.
Municipal Fractionalization, restrictive deeds covenants, subdivision regulations
Planning and zoning are central to efforts to improve the physical and social
environments in which individuals exist. We know that these environments are
currently not designed to facilitate healthy behaviors and often promote sedentary
lifestyles.
To improve the health of communities and to reduce racial, ethnic,
and socioeconomic health disparities, we must consider comprehensive strategies that
integrate the best of new urban planning approaches such as “smart growth,”
“sustainability,” “new urbanism,” and “active living” with the best evidence-based
health and social justice practice that public health has to offer in order to achieve
more equitable regional development and zoning and planning reform. Change cannot
happen without the involvement of public health officials, urban planners, citizen
groups, and other stakeholders to perform community development that addresses
public health issues that burden disadvantaged urban populations.
1.5.2 LAND VALUES:
Households choose their residential (and work) locations based, among other things, on
their preferences for different types and durations of travel. The observed correlations
between higher density and lower Vehicle Miles Traveled (VMT) may just be due to the
Page 3
fact that people who choose to live in higher density neighborhoods are also those that
prefer lower VMT and more transit or non-motorized travel.
1.5.3 SUBDIVISION REGULATIONS:
A subdivision is the division of a tract of land into two or more
lots. In the early days of urban development and expansion, regulating the act of
subdividing was basically provided through various surveying rules methods and
practices. The aim was to provide a more efficient method for selling land through
recording plats of land by dividing them into blocks and lots which were laid out and
sequentially numbered. The platting facilitated the sale of land and prevented
conflicting deeds. Uniformity was seen as a way to facilitate both surveying methods
and the assessment of property.
The rationale for government imposition of subdivision
controls is based in the police power - the right of political entities to regulate in order
to promote for the health, safety and general welfare of the community. As such, three
general goals exist in the establishment of such regulations:
· preventing premature, partial subdivisions which are poorly linked to the broader
community
· preventing poor quality, substandard subdivisions with inadequate public facilities and
infrastructure
· reducing financial uncertainty and risk to the investor, buyer and the community
Page 4
1.6 PROVIDING ADVICE ON ACCESSIBILITY FOR DISABLED PEOPLE:
Building Act 2004
Building Act determinations are where the Department adjudicates
(through a determinations process) on disputes between building owners and
territorial authorities on what is needed for buildings to comply with the Building Act
and Building Code access requirements. The Department consults with the Office on
all determinations relating to access and facilities for disabled people.
Legislative amendments
Amendments to legislation administered by the department which
affects disabled people's access to building and housing. This includes: the
Building Act and regulations that set requirements having an impact on access
and facilities enabling disabled people independently to use buildings and their
associated facilities.
CHALLENGES TO DISABLED PEOPLE MOVING AROUND
INDEPENDENTLY
There are several issues affecting disabled people's accessibility in relation to
buildings and the built environment (including housing).
Lack of awareness and knowledge among building owners, developers, designers,
building trade practitioners, and building control practitioners of the needs of
disabled people and the ways disabled people interact with the built
environment.
For example:
Technical reviews by the Department of territorial authorities' building control
performance demonstrate that many buildings receive code compliance certification
when they do not comply with accessibility requirements
Page 5
