Terms of reference
The Building Regulations Advisory Committee (BRAC) was set up in 1962 under Section 9 of the Public Health Act 1961 (now Section 14 of the Building Act 1984) to advise the Secretary of State on the exercise of his/her powers to make building regulations, namely:
“14(1) The Secretary of State for the time being charged with the exercise of the power to make building regulations and the Secretary of State for Wales acting jointly shall appoint a committee, to be known as the Building Regulations Advisory Committee, for the purpose of advising the Secretary of State on the exercise of his power to make building regulations, and on other subjects connected with building regulations.
“14(2) The Secretary of State may pay such expenses incurred by members of the Building Regulations Advisory Committee as he may, with the approval of the Treasury, determine. 14(3) Before making any building regulations containing substantive requirements, the Secretary of State shall consult the Building Regulations Advisory Committee and such other bodies as appear to him to be representative of the interests concerned.
“14(4) Before making any building regulations containing provision of the kind authorised by paragraph 11(1)(c) of Schedule 1 to this Act, the Secretary of State shall consult— (a) the Building Regulations Advisory Committee . [NB: ‘14(4)(b) and (c)’ omitted].
The Secretary of State for Communities and Local Government therefore has a statutory obligation to consult BRAC on the making of building regulations in England, and on related matters. BRAC is an important sounding board for many policy, technical, and legal matters directly affecting the building and construction industry.
From 31 December 2011, the power to make building regulations for Wales was transferred to Welsh ministers, who were required to appoint a BRAC for Wales.