- Latest available (Revised)
- Original (As made)
The Building Regulations 2010, Section 43 is up to date with all changes known to be in force on or before 12 December 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
43.—(1) This regulation applies to the erection of a building in relation to which paragraph L1(a)(i) of Schedule 1 imposes a requirement.
(2) Where this regulation applies, the person carrying out the work shall, for the purpose of ensuring compliance with regulation 26 F1[F2and regulation 26A] and paragraph L1(a)(i) of Schedule 1—
(a)ensure that—
(i)pressure testing is carried out in such circumstances as are approved by the Secretary of State; and
(ii)the testing is carried out in accordance with a procedure approved by the Secretary of State; and
(b)subject to paragraph (5), give notice of the results of the testing to the [F3local authority] [F3building 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 [F4local authority] [F4building control authority] not later than seven days after the final test is carried out.
(4) A [F5local authority] [F5building control authority] are authorised to accept, as evidence that the requirements of paragraph (2)(a)(ii) have been satisfied, a certificate to that effect by a person who is registered by F6F7... F8[F9Elmhurst Energy Systems Limited] F10[F11or the Air Tightness Testing and Measurement Association] in respect of pressure testing for the air tightness of buildings.
(5) Where such a certificate contains the information required by paragraph (3)(a), paragraph (2)(b) does not apply.
[F12(6) 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 or certificate it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.]
Textual Amendments
F1Words “and regulation 26A” in reg. 43(2) omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 10 (with reg. 29)
F2Words in reg. 43(2) 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(7) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]
F3Words in reg. 43(2) substituted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 7(18)(a) (with regs. 22-24)
F4Words in reg. 43(3) substituted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 7(18)(a) (with regs. 22-24)
F5Words in reg. 43(4) substituted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 7(18)(a) (with regs. 22-24)
F6Words in reg. 43(4) omitted (W. for remaining purposes) (31.12.2015) by virtue of The Building (Amendment) (Wales) Regulations 2015 (S.I. 2015/1486), regs. 1(3)(b), 4(b) (with reg. 1(2))
F7Words in reg. 43(4) omitted (E., but only in relation to excepted energy buildings in W.) (31.12.2015) by virtue of The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(c), 2(10)(b) (with reg. 1(3))
F8Words in reg. 43(4) substituted (W.) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 14 (with reg. 21)
F9Words in reg. 43(4) substituted (E.) (15.6.2022) by The Building Regulations etc. (Amendment) (England) Regulations 2021 (S.I. 2021/1391), regs. 1(1), 9 (with reg. 1(2))
F10Words in reg. 43(4) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 21 (with reg. 1(2)(3))
F11Words in reg. 43(4) 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. 24, Sch. 1 (with regs. 1(3), 45-47)
F12Reg. 43(6) inserted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 7(18)(b) (with regs. 22-24)
Modifications etc. (not altering text)
C1Reg. 43 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))
C2Reg. 43 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)
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: