Building Regulations (Northern Ireland) 2000

Application to material change of use

A9—(1) For the purposes of these regulations a change in the purposes for which or the circumstances in which a building, or part of a building, is used shall only be regarded as a material change of use if after that change any one of the following cases applies—

• Case I– the building is used as a dwellinghouse, where previously it was not.

• Case II– the building contains a flat or maisonette, where previously it did not.

• Case III– the building is used as—

  (a)

  a hotel or boarding house, where previously it was not;

  (b)

  an institution, where previously it was not;

  (c)

  a public building, where previously it was not;

  (d)

  a shop, where previously it was not;

  (e)

  an office, where previously it was not; or

  (f)

  a store, where previously it was not.

• Case IV– the building, by virtue of the change of use, is not an exempted building where previously it was.

(2) Where there is a material change of use to the whole or part of a building the provisions of the regulations set out in the Table to this regulat ion shall apply.

Table to Regulation A9

Application to a material change of use

Parts		Cases
		I	II	III#	IV
Notes to Table # Only Parts A, D and E shall apply to Case III(d) to (f) and, in the application of Parts D and E, only in so far as indicated by Notes 2 and 3 respectively. * Denotes Parts which apply. – Denotes Parts which do not apply. 1 All regulations except C2 and C3. 2 Part D shall apply to those parts of the building affected by any increase in imposed loading resulting from the change of use. 3 In the application of Part E the requirements of regulation E5 shall only apply, in relation to external walls, when the height of a building exceeds 20m (such height shall be measured from the mean level of the ground adjoining the outside of the external walls of the building to the level of half the vertical height of the roof of the building, or to the top of the walls or of the parapet, if any, whichever is the higher). 4 Regulation F2 only. 5 Regulations L2(2) and (3) only. 6 All regulations except P5.
A	Interpretation and general	*	*	*	*
B	Materials and workmanship	–	–	–	*
C	Preparation of site and resistance to moisture	*1	*1	*1	*1
D	Structure	*2	*2	*2	*
E	Fire safety	*3	*3	*3	*3
F	Conservation of fuel and power	*4	*4	*4	*4
G	Sound insulation of dwellings	*	*	–	*
H	Stairs, ramps, guarding and protection from impact	–	–	–	*
J	Solid waste in buildings	*	*	*	*
K	Ventilation	*	*	*	*
L	Heat-producing appliances and LPG installations	*5	*5	*5	*5
N	Drainage	–	–	–	–
P	Sanitary appliances and unvented hot water storage systems	*6	*6	*6	*6
R	Access and facilities for disabled people	–	–	–	–
V	Glazing	*	*	–	–

(3) Where a material change of use neither involves nor is accompanied by an alteration or extension, the provisions referred to in the Table to this regulation shall apply to the building or part of the building in which the change of use occurs as if it were a new building identical to the building as it exists and to be used for the same purpose or purposes as the building will have after the change of use.

(4) Where a material change of use involves or is accompanied by an alteration or extension—

(a) the provisions referred to in the Table to this regulation (other than regulation A8) shall apply to the building or part of the building in which the change of use occurs as if it were part of a new building identical to the building as altered or extended and to be used for the same purpose or purposes as that building will have after the change of use; and

(b) the application of regulation A7 by paragraph (2) shall apply any requirements of that regulation which are additional to those directly applied by the Table to this regulation.

(5) Where a change of use will result in an exempted building being put to a use as described in Cases I, II or III the provisions of those regulations applicable to Case IV shall apply in precedence to those of Cases I, II or III.