The Building (Amendment No. 2) (Wales) Regulations 2013

Made14 October 2013

Laid before the National Assembly for Wales16 October 2013

Coming into force14 November 2013

The Welsh Ministers, in exercise of the powers conferred on the Secretary of State by sections 1 and 8(6) of and paragraphs 1, 4, 4A, 7, 8 and 10 of Schedule 1 to the Building Act 19841, now exercisable by them2 make the following Regulations.

The Welsh Ministers have consulted the Building Regulations Advisory Committee for Wales and such other bodies as appear to the Welsh Ministers to be representative of the interests concerned in accordance with section 14(7) of that Act.

Title, application and commencement1

1

The title of these regulations is the Building (Amendment No. 2) (Wales) Regulations 2013.

2

These Regulations apply in relation to Wales but do not apply in relation to excepted energy buildings in Wales.

3

These Regulations come into force on 14 November 2013.

4

In this regulation “excepted energy building” (“adeilad ynni a eithrir”) has the same meaning as in Article 1(3) and the Schedule to the Welsh Ministers (Transfer of Functions) (No.2) Order 20093.

Amendment to the Building Regulations 20102

In the Building Regulations 20104 for Schedule 3 (Self-certification Schemes and Exemptions from Requirement to Give Building Notice or Deposit Full Plans)5 substitute Schedule 3 as set out in the Schedule to these Regulations.

Carl SargeantMinister for Housing and Regeneration, one of the Welsh Ministers14 October 2013

SCHEDULE

Regulation 2

SCHEDULE 3Self-certification Schemes and Exemptions from Requirement to Give Building Notice or Deposit Full Plans
Regulations 12(6)(a) and 20(1)
Column 1
Type of Work
Column 2
Person carrying out work
1
Installation of a heat-producing gas appliance. (This paragraph does not apply to the provision of a masonry chimney.)
A person, or an employee of a person, who is a member of a class of persons approved in accordance with regulation 3 of the Gas Safety (Installation and Use) Regulations 19986.
2
Installation of heating or hot water system connected to a heat-producing gas appliance, or associated controls.
A person registered by Certsure LLP7, Association of Plumbing and Heating Contractors (Certification) Limited8, Benchmark Certification Limited9, Building Engineering Services Competence Assessment Limited10, Capita Gas Registration and Ancillary Services Limited11,HETAS Limited12, NAPIT Registration Limited13, Oil Firing Technical Association Limited14 or Stroma Certification Limited15 in respect of that type of work.
3
Installation of—
a
an oil-fired combustion appliance; or
b
oil storage tanks and the pipes connecting them to combustion appliances.
(This paragraph does not apply to the provision of a masonry chimney.)
A person registered by Certsure LLP, Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, HETAS Limited, NAPIT Registration Limited, Oil Firing Technical Association Limited or Stroma Certification Limited in respect of that type of work.
4
Installation of a solid fuel burning combustion appliance. (This paragraph does not apply to the provision of a masonry chimney.)
A person registered by Certsure LLP, Association of Plumbing and Heating Contractors (Certification) Limited, Building Engineering Services Competence Assessment Limited, HETAS Limited or NAPIT Registration Limited in respect of that type of work.
5
Installation of a heating or hot water system connected to an oil-fired combustion appliance or its associated controls.
A person registered by Certsure LLP, Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, HETAS Limited, NAPIT Registration Limited, Oil Firing
Technical Association Limited or Stroma Certification Limited in respect of that type of work.
6
Installation of a heating or hot water system connected to a solid fuel burning combustion appliance or its associated controls.
A person registered by Certsure LLP, Association of Plumbing and Heating Contractors (Certification) Limited, Building Engineering Services Competence Assessment Limited, HETAS Limited, NAPIT Registration Limited, Oil Firing Technical Association Limited or Stroma Certification Limited in respect of that type of work.
7
Installation of a heating or hot water system connected to an electric heat source or its associated controls.
A person registered by Certsure LLP, Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, HETAS Limited, NAPIT Registration Limited, Oil Firing Technical Association Limited or Stroma Certification Limited in respect of that type of work.
8
Installation of a mechanical ventilation or air conditioning system or associated controls, which does not involve work on a system shared with parts of the building occupied separately, in a building other than a dwelling.
A person registered by Certsure LLP, Building Engineering Services Competence Assessment Limited, NAPIT Registration Limited or Stroma Certification Limited in respect of that type of work.
9
Installation of an air conditioning or ventilation system in a dwelling, which does not involve work on systems shared with other dwellings.
A person registered by Certsure LLP, Building Engineering Services Competence Assessment Limited, NAPIT Registration Limited or Stroma Certification Limited in respect of that type of work.
10
Installation of a lighting system or electric heating system, or associated electrical controls.
A person registered by Certsure LLP, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, NAPIT Registration Limited or Stroma Certification Limited in respect of that type of work.
11
Installation of fixed low or extra-low voltage electrical installations.
A person registered by Certsure LLP, Benchmark Certification Limited, British Standards Institution16, Building Engineering Services Competence Assessment Limited, NAPIT Registration Limited, Oil Firing Technical Association Limited or Stroma Certification Limited in respect of that type of work.
12
Installation of fixed low or extra-low voltage electrical installations as a necessary adjunct to or arising out of other work being carried out by the registered person.
A person registered by Certsure LLP, Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, NAPIT Registration Limited, Oil Firing Technical Association Limited or Stroma Certification Limited in respect of that type of electrical work.
13
Installation, as a replacement, of a window, rooflight, roof window or door in an existing dwelling.
A person registered under the Fenestration Self-Assessment Scheme by Fensa Ltd17, or a person registered by BM Trada Certification Limited18, Benchmark Certification Limited, the British Standards Institution, CERTASS Limited19, NAPIT Registration Limited, Network VEKA Limited20, Stroma Certification Limited or Certsure LLP in respect of that type of work.
14
Installation of a sanitary convenience, sink, washbasin, bidet, fixed bath, shower or bathroom in a dwelling, which does not involve work on shared or underground drainage.
A person registered by Certsure LLP, Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, HETAS Limited, NAPIT Registration Limited or Stroma Certification Limited in respect of that type of work.
15
Installation of a wholesome cold water supply or a softened wholesome cold water supply.
A person registered by Certsure LLP, Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, HETAS Limited or NAPIT
Registration Limited in respect of that type of work.
16
Installation of a supply of non-wholesome water to a sanitary convenience fitted with a flushing device which does not involve work on shared or underground drainage.
A person registered by Certsure LLP, Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, HETAS Limited, NAPIT Registration Limited or Stroma Certification Limited in respect of that type of work.
17
Installation in a building of a system to produce electricity, heat or cooling—
a
by microgeneration, or
b
from renewable sources (as defined in European Parliament and Council Directive 2009/28/EC of 23 April 2009 on the promotion of the use of energy from renewable sources)21.
A person registered by Certsure LLP, Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, British Standards Institution, Building Engineering Services Competence Assessment Limited, HETAS Limited, NAPIT Registration Limited, Oil Firing Technical Association Limited, Stroma Certification Limited or BRE Global Limited22 in respect of that type of work.
18
Insertion of insulating material into the cavity walls of an existing building.
A person registered under the Cavity Wall Insulation Self Certification Scheme by The Cavity Insulation Guarantee Agency23, Certsure LLP, Benchmark Certification Limited, NAPIT Registration Limited or Stroma Certification Limited in respect of that type of work.
19
Installation, as a replacement, of the covering of a pitched or flat roof and work carried out by the registered person as a necessary adjunct to that installation. This paragraph does not apply to the installation of solar panels.
A person registered by NAPIT Registration Limited or The National Federation of Roofing Contractors Limited24 in respect of that type of work.
20
Installation, as a replacement, of a window, rooflight, roof window or door in an existing building other than a dwelling. This paragraph does not apply to glass which is load bearing or structural or which forms part of glazed curtain walling or a revolving door.
A person registered by BM Trada Certification Limited, CERTASS Limited, Stroma Certification Limited, Certsure LLP or under the Fenestration Self-Assessment Scheme by Fensa Limited in respect of that type of work.
21
Installation of insulating material to the internal walls of a building.
A person registered by Certsure LLP, Benchmark Certification Limited, CERTASS Limited, NAPIT Registration Limited, Stroma Certification Limited or British Board of Agrément25 in respect of that type of work.
22
Installation of insulating material to the external walls of a building, not including insulation of demountable-clad buildings.
A person registered by Certsure LLP, Benchmark Certification Limited, CERTASS Limited, NAPIT Registration Limited, Stroma Certification Limited or British Board of Agrément in respect of that type of work.
23
Installation of insulation material to both external and internal walls of a building (“hybrid insulation”), not including insulation of demountable-clad buildings.
A person registered by Certsure LLP, Benchmark Certification Limited, NAPIT Registration Limited or British Board of Agrément in respect of that type of work.

Column 1 Type of Work	Column 2 Person carrying out work
1 Installation of a heat-producing gas appliance. (This paragraph does not apply to the provision of a masonry chimney.)	A person, or an employee of a person, who is a member of a class of persons approved in accordance with regulation 3 of the Gas Safety (Installation and Use) Regulations 19986.
2 Installation of heating or hot water system connected to a heat-producing gas appliance, or associated controls.	A person registered by Certsure LLP7, Association of Plumbing and Heating Contractors (Certification) Limited8, Benchmark Certification Limited9, Building Engineering Services Competence Assessment Limited10, Capita Gas Registration and Ancillary Services Limited11,HETAS Limited12, NAPIT Registration Limited13, Oil Firing Technical Association Limited14 or Stroma Certification Limited15 in respect of that type of work.
3 Installation of— a an oil-fired combustion appliance; or b oil storage tanks and the pipes connecting them to combustion appliances. (This paragraph does not apply to the provision of a masonry chimney.)	A person registered by Certsure LLP, Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, HETAS Limited, NAPIT Registration Limited, Oil Firing Technical Association Limited or Stroma Certification Limited in respect of that type of work.
4 Installation of a solid fuel burning combustion appliance. (This paragraph does not apply to the provision of a masonry chimney.)	A person registered by Certsure LLP, Association of Plumbing and Heating Contractors (Certification) Limited, Building Engineering Services Competence Assessment Limited, HETAS Limited or NAPIT Registration Limited in respect of that type of work.
5 Installation of a heating or hot water system connected to an oil-fired combustion appliance or its associated controls.	A person registered by Certsure LLP, Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, HETAS Limited, NAPIT Registration Limited, Oil Firing Technical Association Limited or Stroma Certification Limited in respect of that type of work.
6 Installation of a heating or hot water system connected to a solid fuel burning combustion appliance or its associated controls.	A person registered by Certsure LLP, Association of Plumbing and Heating Contractors (Certification) Limited, Building Engineering Services Competence Assessment Limited, HETAS Limited, NAPIT Registration Limited, Oil Firing Technical Association Limited or Stroma Certification Limited in respect of that type of work.
7 Installation of a heating or hot water system connected to an electric heat source or its associated controls.	A person registered by Certsure LLP, Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, HETAS Limited, NAPIT Registration Limited, Oil Firing Technical Association Limited or Stroma Certification Limited in respect of that type of work.
8 Installation of a mechanical ventilation or air conditioning system or associated controls, which does not involve work on a system shared with parts of the building occupied separately, in a building other than a dwelling.	A person registered by Certsure LLP, Building Engineering Services Competence Assessment Limited, NAPIT Registration Limited or Stroma Certification Limited in respect of that type of work.
9 Installation of an air conditioning or ventilation system in a dwelling, which does not involve work on systems shared with other dwellings.	A person registered by Certsure LLP, Building Engineering Services Competence Assessment Limited, NAPIT Registration Limited or Stroma Certification Limited in respect of that type of work.
10 Installation of a lighting system or electric heating system, or associated electrical controls.	A person registered by Certsure LLP, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, NAPIT Registration Limited or Stroma Certification Limited in respect of that type of work.
11 Installation of fixed low or extra-low voltage electrical installations.	A person registered by Certsure LLP, Benchmark Certification Limited, British Standards Institution16, Building Engineering Services Competence Assessment Limited, NAPIT Registration Limited, Oil Firing Technical Association Limited or Stroma Certification Limited in respect of that type of work.
12 Installation of fixed low or extra-low voltage electrical installations as a necessary adjunct to or arising out of other work being carried out by the registered person.	A person registered by Certsure LLP, Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, NAPIT Registration Limited, Oil Firing Technical Association Limited or Stroma Certification Limited in respect of that type of electrical work.
13 Installation, as a replacement, of a window, rooflight, roof window or door in an existing dwelling.	A person registered under the Fenestration Self-Assessment Scheme by Fensa Ltd17, or a person registered by BM Trada Certification Limited18, Benchmark Certification Limited, the British Standards Institution, CERTASS Limited19, NAPIT Registration Limited, Network VEKA Limited20, Stroma Certification Limited or Certsure LLP in respect of that type of work.
14 Installation of a sanitary convenience, sink, washbasin, bidet, fixed bath, shower or bathroom in a dwelling, which does not involve work on shared or underground drainage.	A person registered by Certsure LLP, Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, HETAS Limited, NAPIT Registration Limited or Stroma Certification Limited in respect of that type of work.
15 Installation of a wholesome cold water supply or a softened wholesome cold water supply.	A person registered by Certsure LLP, Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, HETAS Limited or NAPIT Registration Limited in respect of that type of work.
16 Installation of a supply of non-wholesome water to a sanitary convenience fitted with a flushing device which does not involve work on shared or underground drainage.	A person registered by Certsure LLP, Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, HETAS Limited, NAPIT Registration Limited or Stroma Certification Limited in respect of that type of work.
17 Installation in a building of a system to produce electricity, heat or cooling— a by microgeneration, or b from renewable sources (as defined in European Parliament and Council Directive 2009/28/EC of 23 April 2009 on the promotion of the use of energy from renewable sources)21.	A person registered by Certsure LLP, Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, British Standards Institution, Building Engineering Services Competence Assessment Limited, HETAS Limited, NAPIT Registration Limited, Oil Firing Technical Association Limited, Stroma Certification Limited or BRE Global Limited22 in respect of that type of work.
18 Insertion of insulating material into the cavity walls of an existing building.	A person registered under the Cavity Wall Insulation Self Certification Scheme by The Cavity Insulation Guarantee Agency23, Certsure LLP, Benchmark Certification Limited, NAPIT Registration Limited or Stroma Certification Limited in respect of that type of work.
19 Installation, as a replacement, of the covering of a pitched or flat roof and work carried out by the registered person as a necessary adjunct to that installation. This paragraph does not apply to the installation of solar panels.	A person registered by NAPIT Registration Limited or The National Federation of Roofing Contractors Limited24 in respect of that type of work.
20 Installation, as a replacement, of a window, rooflight, roof window or door in an existing building other than a dwelling. This paragraph does not apply to glass which is load bearing or structural or which forms part of glazed curtain walling or a revolving door.	A person registered by BM Trada Certification Limited, CERTASS Limited, Stroma Certification Limited, Certsure LLP or under the Fenestration Self-Assessment Scheme by Fensa Limited in respect of that type of work.
21 Installation of insulating material to the internal walls of a building.	A person registered by Certsure LLP, Benchmark Certification Limited, CERTASS Limited, NAPIT Registration Limited, Stroma Certification Limited or British Board of Agrément25 in respect of that type of work.
22 Installation of insulating material to the external walls of a building, not including insulation of demountable-clad buildings.	A person registered by Certsure LLP, Benchmark Certification Limited, CERTASS Limited, NAPIT Registration Limited, Stroma Certification Limited or British Board of Agrément in respect of that type of work.
23 Installation of insulation material to both external and internal walls of a building (“hybrid insulation”), not including insulation of demountable-clad buildings.	A person registered by Certsure LLP, Benchmark Certification Limited, NAPIT Registration Limited or British Board of Agrément in respect of that type of work.

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Building Regulations 2010 (“the 2010 Regulations”).

Regulation 2 substitutes a new Schedule 3 to the 2010 Regulations in relation to Wales.

The new Schedule 3 adds bodies to the list of bodies in paragraphs 13, 17, 21, 22, 23 and 24 which are able to register persons authorised under the self-certification scheme provided for by regulations 12 and 20 of the 2010 Regulations. The remaining paragraphs are unchanged from the Schedule as it applied in relation to Wales other than excepted energy buildings in Wales.

A regulatory impact assessment has been carried out in respect of the proposed amendments to the 2010 Regulations. The assessment was carried out by the UK Government on an England and Wales basis and is published at: http://www.legislation. gov.uk/uksi/2013/1105/impacts