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The Building etc. (Amendment) (England) (No. 2) Regulations 2022

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8.—(1) In Schedule 1 (requirements), Part R (physical infrastructure for high-speed electronic communications networks)(1) is amended as follows.E+W

(2) For the heading substitute “Infrastructure for electronic communications”.

(3) Before paragraph R1 insert—

Gigabit-ready physical infrastructure

RA1.—(1) Building work must be carried out so as to ensure that each dwelling is equipped with gigabit-ready physical infrastructure that extends from a network termination point for gigabit-capable public electronic communications networks and reaches—

(a)a distribution point, or

(b)where the person carrying out the building work (“the developer”) has no right to install gigabit-ready physical infrastructure in land in which it would have to be installed if it were to reach a distribution point, as close as is reasonably practicable to a distribution point, or

(c)where the developer has no such right and requirement RA2 is excluded or modified by regulation 44ZC, and would be so excluded or modified even if the gigabit-ready physical infrastructure were required to reach as close as is reasonably practicable to a distribution point—

(i)as close as is reasonably practicable to a location at which a distribution point is likely to be installed within the relevant 2-year period (a “likely future location”), or

(ii)where there is no likely future location that is closer to the building than the closest distribution point already installed, an access point for gigabit-capable public electronic communications networks, or

(d)where the developer has no right to install gigabit-ready physical infrastructure in land beyond the building, an access point for gigabit-capable public electronic communications networks.

(2) Where the work concerns a building containing more than one dwelling, the work must be carried out so as to ensure that the building is equipped in addition with a common access point for gigabit-capable public electronic communications networks.

(3) In this paragraph—

distribution point” means a distribution point for a gigabit-capable public electronic communications network;

the relevant 2-year period” means the period of 2 years beginning with the earlier of the following—

(a) the day on which a building notice, initial notice or public body’s notice relating to work to which this paragraph applies is given;

(b) the day on which full plans relating to building work to which this paragraph applies are deposited.

Requirements RA1 and RA2 apply to the erection of a dwelling or of a building that contains one or more dwellings.

Connection to gigabit-capable network

RA2. Each dwelling must in addition be provided with a connection to a gigabit-capable public electronic communications network..

(4) In paragraph R1—

(a)for the heading substitute “High-speed ready in-building physical infrastructure”, and

(b)in the second column, after “work” insert “, other than building work to which paragraph RA1 applies,”.

Commencement Information

I1Sch. para. 8 in force at 26.12.2022, see reg. 1(4)

(1)

Part R of Schedule 1 was inserted, in relation to buildings in England, by S.I. 2016/490.

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