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Preamble

SCHEDULE 1ENABLING POWERS

Sections 1(1), 3, 8(2), 16(9) and (10), 17(1) and (6), 35, 47(1) to (5), 49(1) and (5), 50(1), (3), (4), (6) and (7), 51(1) and (2), 52(1), (2), (3) and (5), 53(2) and (4), 54(1) to (3) and (5) and 56(1) and (2) of, and paragraphs 1, 2, 3, 5, 7, 8, 10 and 11 of Schedule 1, paragraphs 2 and 3 of Schedule 3 and paragraphs 1, 2(1), (2), (4) and (5), 3(1) and (2), 4(2) and (4), and 5 of Schedule 4 to, the Building Act 1984(1).

Regulations 2(1) and 3(1)

SCHEDULE 2AMENDMENTS TO BUILDING REGULATIONS

PART I

1.  The Building Regulations 1985(2) shall be amended as follows—

(a)in regulation 12(2)(c)(i) omit the words “if Part H (drainage and waste disposal) of Schedule 1 applies,”,

(b)in regulation 14—

(i)in paragraph (1) omit the words “Subject to paragraph (1A),”; and

(ii)omit paragraph (1A),

(c)in regulation 15 for the words “A local authority outside inner London” substitute the words “The local authority”,

(d)in Schedule 1 (Requirements) in the third column (Limits on application)—

(i)omit the words “This requirement does not apply in inner London.” opposite paragraph G4 (sanitary conveniences); and

(ii)omit the words “The requirements of this Part do not apply in inner London.” in Part H (drainage and waste disposal).

2.  The Building (Approved Inspectors etc.) Regulations 1985(3) shall be amended as follows—

PART II

3.  The Building (Prescribed Fees etc.) Regulations 1985(4) shall be amended as follows:—

(a)in regulation 5 omit the words “Subject to regulation 6A” in the three places where they occur;

(b)in regulation 6 omit the words “Subject to regulation 6A”; and

(c)omit regulation 6A.

4.  Schedule 2 to the Building (Inner London) Regulations 1985(5) shall be amended by the omission of paragraphs 1(2), (3), (4), and (6), 2(2) and 3(2), (3) and (4).

Regulation 3(2)

SCHEDULE 3MODIFICATION OF ENACTMENTS

1.  The London Building Acts (Amendment) Act 1939(6) shall have effect—

(a)in section 4, in the definition of “domestic building”, with the omission of the words from “and for the purposes of Part V” to the end of that definition;

(b)in section 21, with the substitution for subsections (4A) and (4B)(7) of the following:—

(4A) Subsection (4) of this section shall not apply if:

(a)the width of any opening in any wall of a storey (or if there is more than one opening in any such wall, the width of all such openings taken together) does not exceed one-half of the length of the wall, and

(b)each opening is closed by two steel plate doors, metal covered doors or steel rolling shutters, one on each side of the wall, and

(c)those doors or shutters are—

(i)constructed in accordance with specification 1 or 2 or 3 or 4, and

(ii)installed in accordance with the general installation requirements of the Rules for the Construction and Installation of Firebreak Doors and Shutters of the Fire Offices' Committee, dated February 1985.

(c)in section 34(1), with the insertion, after proviso (ii)(B), of the following—

or (C) a building to which section 4(1)(a) of the Building Act 1984 applies.;

(d)in section 35(1), with the insertion, before paragraph (iii) of the proviso, of the following paragraph—

(ii)the provisions of this subsection shall not apply to any building to which section 4(1)(a) of the Building Act 1984 applies; and

(e)in section 145, with the omission of subsection (4)(8)

2.  The London Government Act 1963(9) shall have effect with the insertion at the end of paragraph 18 of Part III of Schedule 9 of the following sub-paragraph—

(3) Nothing in this paragraph applies to the erection of a building or extension of a building if section 18 of the Building Act 1984 would apply if plans of that building or extension were, in accordance with building regulations, deposited with a local authority..

3.  The Greater London Council (General Powers) Act 1969(10) shall have effect, in section 26 (Building control)—

(a)with the omission of “and any byelaws made thereunder” from subsection (1); and

(b)with the substitution of “the Building Regulations 1985” for “any such byelaws as aforesaid” in subsection (2)(b).

4.  The City of London (Various Powers) Act 1973(11) shall have effect, in section 7 (Sanitation byelaws: dispensation and increase of penalties) with the substitution of the following for subsection (8)—

(8) This section applies to byelaws in force from time to time made by the Corporation under section 5 (Byelaws as to pipes conveying acids) of the City of London (Various Powers) Act 1926..

5.  The Building Act 1984 shall have effect, in section 18—

(a)with the substitution, in subsection (2), of “a local authority” for the words from “the council” to “1939”;

(b)with the substitution, in subsection (3), of “local authority” for “council of a district or outer London borough” and of “authority” for “council”; and

(c)with the insertion, after subsection (5), of the following subsection—

(6) This section does not apply to the Inner Temple or the Middle Temple..

Regulation 3(3)

SCHEDULE 4REPEALS

PART IGENERAL

ChapterShort TitleExtent of repeal
1939 c.xcvii.The London Building Acts (Amendment) Act 1939.In section 4, in the definition of “domestic building”, the words from “and for the purposes of Part V” to the end of that definition.
Section 19.
1963 c. 33.The London Government Act 1963.In Part III of Schedule 9, paragraph 6.
1969 c.lii.The Greater London Council (General Powers) Act 1969.In section 26(1), the words “and any byelaws made thereunder”.
1971 c.xxviii.The Greater London Council (General Powers) Act 1971.In section 4(1), paragraphs (a)(ii) and (iii) and (b).
1984 c. 55.The Building Act 1984.

In Schedule 3—

  • in paragraph 1, the words “8 to 10, 16, 18, 21 to 23,” and the words “to 29, 32, 36, 37, 39 and 40”;

  • paragraphs 7, 8, 9 and 11; and

  • in paragraph 13, the words from “save that” to the end of that paragraph.

1984 c.xxvii.The Greater London Council (General Powers) Act 1984.Section 36.
The by-laws made by the London County Council and confirmed on 21st August 1930 with respect to water closets, urinals, earth closets, privies and cesspools, and the proper accessories thereof in connection with buildings.All the by-laws.
The by-laws made by the London County Council and confirmed on 12th March 1962 with respect to drainage.All the by-laws.
The by-laws made by the London County Council on 11th December 1962 for the removal, etc., of refuse.Part II.

PART IITHE CITY OF LONDON

ChapterShort TitleExtent of repeal
11 & 12 Vict. c. clxiii.The City of London Sewers Act 1848.Sections 63 and 72.
14 & 15 Vict. c. xci.The City of London Sewers Act 1851.Section 39.
63 & 64 Vict. c. ccxxviii.The City of London (Various Powers) Act 1900.Section 54.
16 & 17 Geo.5 c. vii.The City of London (Various Powers) Act 1926.Section 6.
23 & 24 Geo.5. c. xxiii.The City of London (Various Powers) Act 1933.Section 5.
9 & 10 Eliz.2. c. xxviii.The City of London (Various Powers) Act 1961.Section 32(3)(a).
The byelaws made by the Mayor and Commonalty and Citizens of the City of London and confirmed on 1st February 1984 with respect to water closets, soil appliances, discharge pipes and traps, etc.The whole byelaws except insofar as they relate to conveying acids from premises where chemicals are used.

Nicholas Ridley

Secretary of State for the Environment

5th May 1987

(2)

S.I. 1985/1065; relevant amending instrument is S.I. 1985/1936.

(3)

S.I. 1985/1066, amended by S.I. 1985/1936.

(4)

S.I. 1985/1576; relevant amending instrument is S.I. 1985/1936.

(5)

S.I. 1985/1936, to which there are amendments not relevant to these Regulations.

(7)

Inserted by the Building (Inner London) Regulations 1985 (S.I. 1985/1936).

(8)

Inserted by the Building (Inner London) Regulations 1985 (S.I. 1985/1936).

(11)

1973 c.xx.