The Building Regulations 2010 No. 2214

PART 10 E+W Miscellaneous

Testing of building work E+W

45.  The local authority may make such tests of any building work as may be necessary to establish whether it complies with regulation 7 or any of the applicable requirements contained in Schedule 1.

Sampling of material E+W

46.  The local authority may take such samples of the material to be used in the carrying out of building work as may be necessary to enable them to ascertain whether such materials comply with the provisions of these Regulations.

Contravention of certain regulations not to be an offence E+W

F1 [F2 47.   The following regulations are designated as provisions to which section 35 of the Act (penalty for contravening building regulations) does not apply—

(a) regulations 17, 17A, 25A, 27, F1 [F3 27A,] F1 F4 ... 37, 41, 42, 43 and 44; and

(b) regulations 23, 25B and 26, in so far as these Regulations apply to Crown buildings or to building work carried out or proposed to be carried out by Crown authorities.]

Textual Amendments

F1 Reg. 47 substituted (with corresponding changes to match the changes made for E. by S.I. 2012/3119, reg. 25, S.I. 2014/579, reg. 2(8) and S.I. 2016/285, reg. 2(17)) (W.) (1.11.2018) by The Building (Amendment) (Wales) Regulations 2018 (S.I. 2018/552), regs. 1(3), 4 (with reg. 6)

F2 Reg. 47 substituted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 25, Sch. 1 (with regs. 1(3), 45-47) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F3 Word in reg. 47 inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 2(8) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F4 Word in reg. 47(a) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(17) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Electronic service of documents E+W

48.—(1) Section 94A of the Act M1 (electronic service of documents) shall have effect as if the following documents were documents mentioned in subsection (7) of that section—

(a) a building notice and any accompanying statement, description, particulars or plan under regulation 13;

(b) full plans and any accompanying statement under regulation 14;

(c) a notice under regulation 16;

(d) a completion certificate under regulation 17 F5 [F6 or regulation 17A];

(e) an application for a regularisation certificate under regulation 18(2);

(f) a regularisation certificate under regulation 18(5);

(g) a certificate or notice under regulation 20;

F7 [F8 (ga) a notice under regulation 25A;]

(h) a notice under regulation 27(2) or (3);

F9 F10 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9 F10 (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k) a notice under regulation 37(1);

(l) results of sound insulation testing under regulation 41(2)(b);

(m) a notice under regulation 42(2)(b);

(n) a notice of the results of pressure testing under regulation 43(2)(b);

(o) a notice under regulation 44(3).

(2) Where full plans are deposited by means of an electronic communication in accordance with section 94A of the Act, regulation 14 shall apply as if—

(a) sub-paragraph (a) of paragraph (2) were omitted;

(b) in sub-paragraph (b) of that paragraph—

(i) the words “ a copy ” were substituted for the words “an additional two copies”;

(ii) the word “ and ” was substituted for the words “, both of which”;

(c) in paragraph (6) the words “ a copy ” were substituted for the words “additional copies”.

Textual Amendments

F5 Words in reg. 48(1)(d) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 23(a) (with reg. 1(2)(3))

F6 Words in reg. 48(1)(d) inserted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 26(a), Sch. 1 (with regs. 1(3), 45-47)

F7 Reg. 48(1)(ga) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 23(b) (with reg. 1(2)(3))

F8 Reg. 48(1)(ga) inserted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 26(b), Sch. 1 (with regs. 1(3), 45-47)

F9 Reg. 48(1)(i)(j) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(18) (with reg. 1(3))

F10 Reg. 48(1)(i)(j) omitted (W. for remaining purposes) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(21) (with reg. 1(3))

Marginal Citations

M1 Section 94A was inserted by S.I. 2008/2334.

Transitional provisions: interpretation E+W

49.  In regulations 50 to 53—

“the 2009 Regulations” means the Building (Amendment No. 2) Regulations 2009 M2 ;

F11 ...

Textual Amendments

F11 Words in reg. 49 omitted (15.7.2011) by virtue of The Building (Amendment) Regulations 2011 (S.I. 2011/1515), regs. 1(2), 3(4)

Marginal Citations

M2 S.I. 2009/2397 amended by S.I. 2009/2465 and 2010/719.

Transitional provisions: work already started before 1st October E+W

50.—(1) Subject to paragraph (2), where before 1st October 2010 building work is started in accordance with—

(a) a building notice given to, or full plans deposited with, a local authority under regulation 12(2A) of the Building Regulations 2000 M3 (giving of a building notice or deposit of plans) and a notice given to the local authority under regulation 15(1) of those Regulations M4 (notice of commencement and completion of certain stages of work);

(b) an initial notice or an amendment notice given in accordance with section 47(1) (giving and acceptance of initial notice) or 51A(2) of the Act M5 (variation of work to which initial notice relates);

(c) a public body's notice given in accordance with section 54 (giving, acceptance and effect of public body's notice) of the Act,

the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to that building work.

(2) Where before 1st October 2010 building work is started in accordance with an initial notice which is varied by an amendment notice given on or after that date, the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to so much of the building work as could have been carried out under that initial notice if the amendment notice had not been given.

(3) Where before 1st October 2010 building work is started to which regulation 12(5)(a) or (b) M6 of the Building Regulations applies, the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to that building work.

Marginal Citations

M3 S.I. 2000/2531; regulation 12(2A) was inserted by S.I. 2006/652.

M4 Regulation 15(1) was amended by S.I. 2002/440 and 2006/652.

M5 Section 47(1) was amended by section 8 of the Sustainable and Secure Buildings Act 2004 (c.22) and S.I. 1996/1905. Section 51A(2) was inserted by S.I. 1996/1905.

M6 Regulation 12(5) was substituted by S.I. 2004/3210 and amended by S.I. 2008/671.

Transitional provisions: work for which notification is not required E+W

51.  Where before 1st October 2010 a contract is entered into for the provision of building work to which regulation 12(5)(a) or (b) of the Building Regulations 2000 applies, the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to that work.

Transitional provisions: notice given or plans deposited before 1st October 2010 E+W

52.—(1) Subject to paragraph (2), the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply in relation to building work where—

(a) before 1st October 2010 a building notice, an initial notice, a plans certificate, an amendment notice or a public body's notice has been given to, or full plans deposited with, a local authority; and

(b) the work is carried out or is to be carried out in accordance with any such notice or plans, whether with or without any departure from such plans,

provided that the work is started before 1st October 2011.

(2) Where an initial notice given before 1st October 2010 is varied by an amendment notice given on or after that date, the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to so much of the building work as could have been carried out under that initial notice if the amendment notice had not been given, provided that the work is started before 1st October 2011.

Transitional and saving provisions: earlier Building Regulations E+W

53.—(1) If immediately before 1st October 2010 any of the transitional provisions listed in paragraph (2) applied in relation to building work, the Regulations specified in Schedule 5 shall continue to apply in relation to that building work in accordance with that provision as if these Regulations had not been made.

(2) The provisions are—

regulation 4 of the Building (Amendment) Regulations 2001 M7 ; regulation 3 of the Building (Amendment) Regulations 2002 M8 ; regulations 3 and 4 of the Building (Amendment) (No. 2) Regulations 2002 M9 ; regulation 3 of the Building (Amendment) Regulations 2003 M10 ; regulation 3 of the Building (Amendment) Regulations 2004 M11 ; regulation 3 of the Building (Amendment) (No. 3) Regulations 2004 M12 ; regulations 29 to 34 of the Building and Approved Inspectors (Amendment) Regulations 2006 M13 in so far as they relate to the Building Regulations 2000; regulation 4 of the Building and Approved Inspectors (Amendment) (No. 2) Regulations 2006 M14 in so far as it relates to the Building Regulations 2000; regulation 4 of the Building and Approved Inspectors (Amendment) Regulations 2007 M15 in so far as it relates to the Building Regulations 2000; regulations 4 to 8 of the Building and Approved Inspectors (Amendment) Regulations 2009 M16 in so far as they relate to the Building Regulations 2000.

(3) Regulation 22A of the Building Regulations 2000 M17 (time limit for prosecution for contravention of certain regulations) shall continue to have effect in relation to contraventions of building regulations committed before 22nd September 2008 as if the 2009 Regulations had not been made.

(4) If immediately before 1st October 2010 regulation 23 of the Building Regulations 2000 applied in relation to building work, the Regulations specified in Schedule 3 to those Regulations shall continue to apply in relation to that building work in accordance with that transitional provision as if these Regulations had not been made.

Marginal Citations

M7 S.I. 2001/3335.

M8 S.I. 2002/440.

M9 S.I. 2002/2871 amended by S.I. 2003/3133.

M10 S.I. 2003/2692.

M11 S.I. 2004/1465.

M12 S.I. 2004/3210.

M13 S.I. 2006/652.

M14 S.I. 2006/3318.

M15 S.I. 2007/3384.

M16 S.I. 2009/1219 amended by S.I. 2009/2465 and 2010/719.

M17 Regulation 22A was inserted by S.I. 2008/671 and is revoked by S.I. 2009/2397.

Revocations and consequential amendments E+W

54.— [F12 (1) The Regulations specified in the first column of the table in Schedule 5 are revoked to the extent specified in relation to each in the third column of that table.]

[F13 (2) Schedule 6, which contains consequential amendments to the Building (Local Authority Charges) Regulations 2010M18 and the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007M19 , has effect.]

Textual Amendments

F12 Reg. 54(1) revoked in part (9.1.2013) by The Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012/3118), reg. 1(4), Sch. 3 (with reg. 44)

F13 Reg. 54(2) revoked in part (9.1.2013) by The Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012/3118), reg. 1(4), Sch. 3 (with reg. 44)

Marginal Citations

M18 S.I. 2010/404.

M19 S.I. 2007/991.

[F14 Review of Part 9A and Part R of Schedule 1 E+W

55.— (1) Before the end of each review period the Secretary of State must—

(a) carry out a review of Part 9A and Part R of Schedule 1; and

(b) publish a report setting out the conclusions of the review.

(2) In carrying out the review the Secretary of State must have regard to how Article 8 (in-building physical infrastructure) of Directive 2014/61/EU of the European Parliament and of the Council on measures to reduce the cost of deploying high-speed electronic communications networks is implemented in other Member States of the European Union.

(3) The report must in particular—

(a) set out the objectives intended to be achieved by the regulatory provision in Part 9A and Part R of Schedule 1;

(b) assess the extent to which those objectives have been achieved;

(c) assess whether those objectives remain appropriate; and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way that imposes less onerous regulatory provision.

(4) In this regulation, “review period” means—

(a) the period of five years beginning on the 9th May 2016; and

(b) subject to paragraph (5), each successive period of five years.

(5) If a report under this regulation is published before the last day of the review period to which it relates, the next review period will begin with the day on which that report is published.]

Textual Amendments

F14 Reg. 55 added (E., but only in relation to excepted energy buildings in W.) (9.5.2016) by The Building (Amendment) Regulations 2016 (S.I. 2016/490), regs. 1(4), 2(5) (with reg. 1(3))