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The Building Regulations 2010
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- UK Statutory Instruments
- 2010 No. 2214
- PART 2
- Regulation 5
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The Building Regulations 2010, Section 5 is up to date with all changes known to be in force on or before 05 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.
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Changes and effects yet to be applied to Regulation 5:
- reg. 37A(1)(aa) inserted by S.I. 2024/742 reg. 2(3)(a)
- reg. 37A(2)(2A) substituted for reg. 37A(2) by S.I. 2024/742 reg. 2(3)(b)
Changes and effects yet to be applied to the whole Instrument associated Parts and Chapters:
Whole provisions yet to be inserted into this Instrument (including any effects on those provisions):
- reg. 37A(1)(aa) inserted by S.I. 2024/742 reg. 2(3)(a)
- reg. 37A(2)(2A) substituted for reg. 37A(2) by S.I. 2024/742 reg. 2(3)(b)
Meaning of material change of useE+W
This section has no associated Explanatory Memorandum
5. For [F1the purposes of paragraph 8(1)(e) of Schedule 1 to the Act and for] the purposes of these Regulations, there is a material change of use where there is a change in the purposes for which or the circumstances in which a building is used, so that after that change—
(a)the building is used as a dwelling, where previously it was not;
(b)the building contains a flat, where previously it did not;
(c)the building is used as an hotel or a boarding house, where previously it was not;
(d)the building is used as an institution, where previously it was not;
(e)the building is used as a public building, where previously it was not;
(f)the building is not a building described in classes 1 to 6 in Schedule 2, where previously it was;
(g)the building, which contains at least one dwelling, contains a greater or lesser number of dwellings than it did previously;
(h)the building contains a room for residential purposes, where previously it did not;
(i)the building, which contains at least one room for residential purposes, contains a greater or lesser number of such rooms than it did previously; F2F3...
(j)the building is used as a shop, where previously it was not F4[F5; or
(k)the building is a building described in regulation 7(4)(a), where previously it was not].
Textual Amendments
F1Words in reg. 5 omitted (E.) (1.10.2023) by virtue of The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 17(1) (with regs. 22-24)
F2Word in reg. 5 omitted (W.) (13.1.2020) by virtue of The Building (Amendment) (Wales) Regulations 2019 (S.I. 2019/1499), regs. 1(4), 2(4)(a) (with reg. 3)
F3Word in reg. 5 omitted (E.) (21.12.2018) by virtue of The Building (Amendment) Regulations 2018 (S.I. 2018/1230), regs. 1(4), 2(4)(a) (with regs. 1(3), 3)
F4Reg. 5(k) and word inserted (W.) (13.1.2020) by The Building (Amendment) (Wales) Regulations 2019 (S.I. 2019/1499), regs. 1(4), 2(4)(b) (with reg. 3)
F5Reg. 5(k) and word inserted (E.) (21.12.2018) by The Building (Amendment) Regulations 2018 (S.I. 2018/1230), regs. 1(4), 2(4)(b) (with regs. 1(3), 3)
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