The Building (Amendment) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Building Regulations 2000 (S.I.2000/2531),“the principal Regulations”. The main changes are:

(a) regulation 2(2) amends the definition of “room for residential purposes” in regulation 2(1) of the principal Regulations to clarify the position, so that it is clear that where a room separated or arranged in a cluster of rooms (such as a group of study-bedrooms in a student accommodation block) is used by one or more persons to live and sleep in, each individual room is a “room for residential purposes” rather than the cluster collectively;

(b) changes to the requirements for specified material changes of use (amendments to regulation 6) of the principal Regulations in regulation 2(3);

(c) regulation 20A of the principal Regulations contains a requirement for sound insulation testing. That regulation comes into force, as regards new houses and buildings containing flats, on 1st July 2004( see S.I.2002/2871 amended by S.I.2003/3133). Regulation 2(4) and (5) of these Regulations, coming into force on the same day, introduce an alternative provision into the Regulations so that the requirement for testing does not apply where the person carrying out the building work notifies the local authority in accordance with the Regulations that he is using one or more of the design details approved by Robust Details Limited. The requirement for testing in regulation 20A(2) continues to apply to parts of the building to which paragraph E1 of Schedule 1 applies, which are not covered by the notification;

(d) the limit on the application of requirement A3 (disproportionate collapse) in Part A of Schedule 1 (Structure) has been removed, so that the requirement that buildings shall be constructed so that, in the event of an accident, the building will not suffer collapse to an extent disproportionate to the cause now applies to buildings irrespective of the number of storeys (regulation 2(6));

(e) amendments to the requirements of Part C (site preparation and resistance to contaminants and moisture) and F (ventilation), (regulation 2(8) and the Schedule) (the effect of the existing requirement F2 (condensation in roofs) is now contained in requirement C2 which includes interstitial and surface condensation);

(f) regulation 3 contains transitional provisions.

The design details referred to in these regulations can be obtained from Robust Details Limited, P.O. Box 7289, Milton Keynes, MK14 6ZQ (Tel: [phone]; Fax: [phone]; Email: [e-mail]).

The Secretary of State has approved, under section 6(1) of the Building Act 1984, new approved documents containing practical guidance with respect to the requirements contained in Part A (structure) and Part C (site preparation and resistance to contaminants and moisture) of Schedule 1 to the principal Regulations. “Approved Document A-Structure” (2004 Edition, ISBN 0-11-753909-0, £11.00) and “Approved Document C- Site preparation and resistance to contaminants and moisture” (2004 Edition, ISBN 0-11-753913-9, £11.00) will be published by The Stationery Office Limited.

The Secretary of State has also approved, under section 6(4) of the Building Act 1984, amendments to the approved document giving practical guidance with respect to Part E (resistance to the passage of sound) and regulation 20A (sound insulation testing) of the principal Regulations and regulation 12A (sound insulation testing) of the Building (Approved Inspector’s etc.) Regulations 2000. “Amendments 2004 to Approved Document E (resistance to the passage of sound)”(ISBN 0-11-753915-5, £6.50) will be published by The Stationery Office Limited.

A Regulatory Impact Assessment has been prepared in relation to these Regulations. A copy may be obtained from Buildings Division, ODPM, Zone 18/B Portland House, Stag Place, London SW1E 5LP (Tel: [phone]; Fax [phone]; Email: [e-mail]).