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The Building Regulations 2010, Section 37A is up to date with all changes known to be in force on or before 10 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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37A.—(1) This regulation applies where building work consists of the erection or material change of use of a building in relation to—
(a)care homes [F2, which] [F3means places at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, [F4is] provided wholly or mainly to persons aged 18 or over];
(b)rooms for residential purposes other than rooms in—
F5[F6(i)a hostel providing temporary accommodation to those who are ordinarily resident elsewhere;]
(ii)an hotel;
(iii)a prison or young offender institution; and
(iv)a hospital;
(c)dwelling-houses and flats,
subject to paragraphs (4) and (5).
(2) For the purposes of this regulation a material change of use comprises or includes a change of use within regulation 5 (a), (b), (c), (d), (g), (h) or (i).
(3) A building to which this regulation applies must be provided with an automatic fire suppression system which is installed and operates in accordance with the requirements set in regulation 37B.
(4) This regulation does not apply to buildings which are—
(a)listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990;
(b)in a conservation area designated in accordance with section 69 of that Act; or
(c)included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979,
where installation of a fire suppression system would unacceptably alter their character or appearance.
(5) This regulation does not apply to temporary buildings with a planned time of use of two years or less.]
Textual Amendments
F1Pt. 7A inserted (W., but not in relation to excepted energy buildings) (30.4.2014 for specified purposes, 1.1.2016 in so far as not already in force) by The Building Regulations &c. (Amendment No. 3) and Domestic Fire Safety (Wales) Regulations 2013 (S.I. 2013/2730), regs. 1(2), 4(2) (with regs. 1(3), 6)
F2Word in reg. 37A(1)(a) inserted (W.) (13.1.2020) by The Building (Amendment) (Wales) Regulations 2019 (S.I. 2019/1499), regs. 1(4), 2(7)(a) (with regs. 1(3), 3)
F3Words in reg. 37A(1)(a) substituted (W., but not in relation to excepted energy buildings) (2.4.2018) by The Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2018 (S.I. 2018/48), reg. 1(2), Sch. 1 para. 23(2)
F4Word in reg. 37A(1)(a) substituted (W.) (13.1.2020) by The Building (Amendment) (Wales) Regulations 2019 (S.I. 2019/1499), regs. 1(4), 2(7)(b) (with regs. 1(3), 3)
F5Pt. 7A inserted (with minor changes to the text of reg. 37A(1)(a) and matching text for substituted reg. 37A(1)(b)(i)) (W. for remaining purposes) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 9 (with reg. 29)
F6Reg. 37A(1)(b)(i) substituted (W., but not in relation to excepted energy buildings) (1.4.2018) by The Building (Amendment) (Wales) Regulations 2017 (S.I. 2017/1274), regs. 1(2)(c), 2(2) (with regs. 1(3), 3)
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