The Building Regulations 2010

Commissioning E

44.—(1) This regulation applies to building work in relation to which paragraph F1(2) of Schedule 1 imposes a requirement, but does not apply to the provision or extension of any fixed system for mechanical ventilation or any associated controls where testing and adjustment is not possible.

(2) This regulation also applies to building work in relation to which paragraph L1(b) of Schedule 1 imposes a requirement, but does not apply to the provision or extension of any fixed building service where testing and adjustment is not possible or would not affect the energy efficiency of that fixed building service.

(3) Where this regulation applies the person carrying out the work shall, for the purpose of ensuring compliance with paragraph F1(2) or L1(b) of Schedule 1, give to the [F1 building control authority] a notice confirming that the fixed building services have been commissioned in accordance with a procedure approved by the Secretary of State.

[F2 (4) The notice must be given—

(a) in the case where the building work is higher-risk building work for which an application for a completion certificate is required, to the regulator with the application;

(b) in any other case, to the building control authority—

(i) not later than the date on which the notice required by regulation 16(4) is required to be given; or

(ii) where that regulation does not apply, not more than 30 days after completion of the work.

(5) Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.]

Extent Information

E1 This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F1 Words in reg. 44(3) substituted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 7(19)(a) (with regs. 22-24)

F2 Reg. 44(4)(5) substituted for reg. 44(4) (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 7(19)(b) (with regs. 22-24)

Modifications etc. (not altering text)

C1 Reg. 44 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1)(6)

C2 Reg. 44 modified (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(6)

C3 Reg. 44 modified (E.) (6.4.2024) by The Building (Registered Building Control Approvers etc.) (England) Regulations 2024 (S.I. 2024/110), regs. 1(3), 5(10) (with regs. 44-47)

Commissioning W

44.—(1) This regulation applies to building work in relation to which paragraph F1(2) of Schedule 1 imposes a requirement, but does not apply to the provision or extension of any fixed system for mechanical ventilation or any associated controls where testing and adjustment is not possible.

(2) This regulation also applies to building work in relation to which paragraph L1(b) of Schedule 1 imposes a requirement, but does not apply to the provision or extension of any fixed building service where testing and adjustment is not possible or would not affect the energy efficiency of that fixed building service.

(3) Where this regulation applies the person carrying out the work shall, for the purpose of ensuring compliance with paragraph F1(2) or L1(b) of Schedule 1, give to the local authority a notice confirming that the fixed building services have been commissioned in accordance with a procedure approved by the Secretary of State.

(4) The notice shall be given to the local authority—

(a) not later than the date on which the notice required by regulation 16(4) is required to be given; or

(b) where that regulation does not apply, not more than 30 days after completion of the work.

Extent Information

E2 This version of this provision applies to Wales only; a separate version has been created for England only

Modifications etc. (not altering text)

C4 Reg. 44 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1)(6) (as amended (W.) (25.4.2024) by S.I. 2024/447, regs. 1(1), 3(h)(j) (with reg. 6))