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The Building Regulations etc. (Amendment) (England) Regulations 2023

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Amendments to regulation 2

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3.  In regulation 2(1) (interpretation) of the 2010 Regulations—

(a)in the appropriate places insert—

application for building control approval with full plans” means an application for building control approval(1) in accordance with regulations 12(2)(b) and 14;;

application for a completion certificate” in relation to a higher-risk building work, has the same meaning as “completion certificate application” in regulation 2 of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023;;

business” means a trade, business or other undertaking (whether for profit or not);

client” means any person for whom a project is carried out;

construction phase” means the period beginning when any building work on a project starts and ending when that project is completed;

contractor” means any person (including a client, but not a domestic client) who, in the course of a business, carries out, manages or controls any building work;

design work” means design of any building work;

designer” means any person (including a client, contractor or other person referred to in Part 2A of these Regulations) who in the course of a business—

(a)

carries out any design work, or

(b)

arranges for, or instructs, any person under their control to do so;

domestic client” means a client for whom a project is being carried out which is not in the course or furtherance of a business of that client;

principal contractor” means the contractor appointed under regulation 11D (principal designer and principal contractor) to perform the duties of a principal contractor under these Regulations;

principal designer” means the designer appointed under regulation 11D (principal designer and principal contractor) to perform the duties of a principal designer under these Regulations;

project” means a project which includes or is intended to include any building work and includes all planning work, design work, management or other work involved in a project until the end of the construction phase;

recipient”, in relation to a compliance notice or a stop notice, means the person to whom the notice will be or has been given;

relevant authority” means—

(a)

in cases where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), the regulator(2);

(b)

in any other case, the local authority for the area in which the building is situated or the proposed building is to be situated;

relevant day” means any day excluding Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971;

sole contractor” means a person fulfilling the duties of the principal contractor by virtue of regulation 11D(6);

sole or lead designer” means a person fulfilling the duties of the principal designer by virtue of regulation 11D(7);;

(b)for definition of “building” substitute—

“building”—

(a)

in the application of any provision of these Regulations to the construction of a higher-risk building, has the meaning given in regulation 4 of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023(3);

(b)

in any other case, means any permanent or temporary building but not any other kind of structure or erection, and a reference to a building includes a reference to part of a building;;

(c)omit the definition of “full plans”.

(1)

Paragraph 1B of Schedule 1 to the Building Act 1984 (c. 55).

(2)

See section 126 of the Building Act 1984 for the definition of “the regulator”.

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