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The Building Regulations 2010
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- UK Statutory Instruments
- 2010 No. 2214
- PART 9
- Regulation 42
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Mechanical ventilation air flow rate testingE
This section has no associated Explanatory Memorandum
42.—(1) This regulation applies where paragraph F1(1) of Schedule 1 imposes a requirement in relation to the creation of a new dwelling by building work.
(2) The person carrying out the work shall, for the purpose of ensuring compliance with paragraph F1(1) of Schedule 1—
(a)ensure that testing of the mechanical ventilation air flow rate is carried out in accordance with a procedure approved by the Secretary of State; and
(b)give notice of the results of the testing to the [F1building control authority] .
(3) The notice referred to in paragraph (2)(b) shall—
(a)record the results and the data upon which they are based in a manner approved by the Secretary of State; and
(b)be given to the [F2building control authority] not later than five days after the final test is carried out.
[F3(4) 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
E1This version of this provision applies to England only; a separate version has been created for Wales only
Textual Amendments
F1Words in reg. 42(2) substituted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 7(17)(a) (with regs. 22-24)
F2Words in reg. 42(3) substituted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 7(17)(a) (with regs. 22-24)
F3Reg. 42(4) inserted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 7(17)(b) (with regs. 22-24)
Modifications etc. (not altering text)
C1Reg. 42 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1)
C2Reg. 42 modified (E.) (6.4.2024) by The Building (Registered Building Control Approvers etc.) (England) Regulations 2024 (S.I. 2024/110), regs. 1(3), 5(2)(3) (with regs. 44-47)
Mechanical ventilation air flow rate testingW
42.—[F4(1) This regulation applies where paragraph F1(1) of Schedule 1 imposes a requirement in relation to—
(a)the creation of a new dwelling by building work; or
(b)an existing dwelling which undergoes building work for the provision or extension of any fixed building system for mechanical ventilation.
(1A) Paragraph (1)(b) excludes building work to which Schedule 4 applies.]
(2) The person carrying out the work shall, for the purpose of ensuring compliance with paragraph F1(1) of Schedule 1—
(a)ensure that testing of the mechanical ventilation air flow rate is carried out in accordance with a procedure approved by the Secretary of State; and
(b)give notice of the results of the testing to the local authority [F5, other than when Schedules 3 or 4 apply.]
(3) The notice referred to in paragraph (2)(b) shall—
(a)record the results and the data upon which they are based in a manner approved by the Secretary of State; and
(b)be given to the local authority not later than five days after the final test is carried out.
Extent Information
E2This version of this provision applies to Wales only; a separate version has been created for England only
Textual Amendments
F4Reg. 42(1)(1A) substituted for reg. 42(1) (W.) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 13(a) (with reg. 21)
F5Words in reg. 42(2)(b) substituted for full stop (W.) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 13(b) (with reg. 21)
Modifications etc. (not altering text)
C3Reg. 42 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1) (as amended (W.) (25.4.2024) by S.I. 2024/447, regs. 1(1), 3(h) (with reg. 6))
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