PART 1General

Citation and commencement1

These Regulations may be cited as the Building Regulations 2010 and shall come into force on 1st October 2010.

Interpretation2

1

In these Regulations, unless the context otherwise requires—

  • “the Act” means the Building Act 1984;

  • F26“Green Deal Framework Regulations” means the Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012;

  • “amendment notice” means a notice given under section 51A of the Act M1;

  • “building” 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;

  • “building notice” means a notice given in accordance with regulations 12(2)(a) and 13;

  • “building work” has the meaning given in regulation 3(1);

  • “change to a building's energy status” means any change which results in a building becoming a building to which the energy efficiency requirements of these Regulations apply, where previously it was not;

  • “controlled service or fitting” means a service or fitting in relation to which Part G, H, J, L or P of Schedule 1 imposes a requirement;

  • “day” means any period of 24 hours commencing at midnight and excludes any Saturday, Sunday, Bank holiday or public holiday;

  • “dwelling” includes a dwelling-house and a flat;

  • “dwelling-house” does not include a flat or a building containing a flat;

  • “electrical installation” means fixed electrical cables or fixed electrical equipment located on the consumer's side of the electricity supply meter;

  • “energy efficiency requirements” means the requirements of regulations 23, F41F1225A, 25B 26, F203F8426A, 26B,F7126A, 28 F1...F155F110F204F70and 40F70, 40 and 43 and Part L of Schedule 1;

  • F156F111...

  • F205F6“excepted energy building” has the meaning given in the Schedule to The Welsh Ministers (Transfer of Functions) (No. 2) Order 2009

  • “extra-low voltage” means voltage not exceeding—

    1. a

      in relation to alternating current, 50 volts between conductors and earth; or

    2. b

      in relation to direct current, 120 volts between conductors;

  • “final certificate” means a certificate given under section 51 of the Act M2;

  • F42F13“fixed building services” means any part of, or any controls associated with—

    1. a

      fixed internal or external lighting systems (but not including emergency escape lighting or specialist process lighting);

    2. b

      fixed systems for heating, hot water, air conditioning or mechanical ventilation; or

    3. c

      any combination of systems of the kinds referred to in paragraph (a) or (b);

  • “flat” means separate and self-contained premises constructed or adapted for use for residential purposes and forming part of a building from some other part of which it is divided horizontally;

  • “floor area” means the aggregate area of every floor in a building or extension, calculated by reference to the finished internal faces of the walls enclosing the area, or if at any point there is no such wall, by reference to the outermost edge of the floor;

  • “full plans” means plans deposited with a local authority for the purposes of section 16 of the Act M3 in accordance with regulations 12(2)(b) and 14;

  • F27“green deal disclosure obligations” means the obligations to provide an energy performance certificate in section 12 of the Energy Act 2011 and Part 7 of the Green Deal Framework Regulations;

  • “green deal property” has the meaning given in section 12(5)(b) of the Energy Act 2011;

  • “height” means the height of the building measured from the mean level of the ground adjoining the outside of the external walls of the building to the level of half the vertical height of the roof of the building, or to the top of the walls or of the parapet, if any, whichever is the higher;

  • “independent access” means, in relation to a part of a building (including any extension to that building), a route of access to that part which does not require the user to pass through any other part of the building;

  • “initial notice” means a notice given under section 47 of the Act M4;

  • “institution” means an institution (whether described as a hospital, home, school or other similar establishment) which is used as living accommodation for, or for the treatment, care or maintenance of persons—

    1. a

      suffering from disabilities due to illness or old age or other physical or mental incapacity, or

    2. b

      under the age of five years,

    where such persons sleep on the premises;

  • “low voltage” means voltage not exceeding—

    1. a

      in relation to alternating current, 1000 volts between conductors or 600 volts between conductors and earth; or

    2. b

      in relation to direct current, 1500 volts between conductors or 900 volts between conductors and earth;

  • “material alteration” has the meaning given in regulation 3(2);

  • “material change of use” has the meaning given in regulation 5;

  • “microgeneration” means the use for the generation of electricity or the production of heat or cooling of any plant (which for this purpose includes any equipment, apparatus or appliance) which, in generating electricity or (as the case may be) producing heat or cooling, relies wholly or mainly on a source of energy or a technology mentioned in section 26(2) of the Climate Change and Sustainable Energy Act 2006 M5;

  • F205F89“new dwelling” includes, except in Parts 6 and 7, a dwelling that is formed by a material change of use of a building within the meaning of regulation 5(a), (b) or (g);

  • “optional requirement” means an optional requirement as described in regulation 4(1A)(b) or in regulation 36(2)(b);

  • F28“payment period” has the meaning given in regulation 2(1) of the Green Deal Framework Regulations;

  • F205F90“planning permission” has the meaning given in section 336(1) (interpretation) of the Town and Country Planning Act 1990;

  • “public body's final certificate” means a certificate given under paragraph 3 of Schedule 4 to the Act;

  • “public body's notice” means a notice given under section 54 of the Act;

  • “renovation” in relation to a thermal element means the provision of a new layer in the thermal element F2(other than where that new layer is provided solely as a means of repair to a flat roof) or the replacement of an existing layer, but excludes decorative finishes, and “renovate” shall be construed accordingly;

  • “room for residential purposes” means a room, or a suite of rooms, which is not a dwelling-house or a flat and which is used by one or more persons to live and sleep and includes a room in a hostel, an hotel, a boarding house, a hall of residence or a residential home, but does not include a room in a hospital, or other similar establishment, used for patient accommodation;

  • “shop” includes premises—

    1. a

      used for the sale to members of the public of food or drink for consumption on or off the premises,

    2. b

      used for retail sales by auction to members of the public,

    3. c

      used by members of the public as a barber or hairdresser, or for the hiring of any item, and

    4. d

      where members of the public may take goods for repair or other treatment;

  • “softened wholesome water” means water which would be regarded as wholesome for the purposes of regulations made under section 67 of the Water Industry Act 1991 M6 (standards of wholesomeness) as they apply for the purposes of Part G of Schedule 1 in accordance with paragraph (5) but for the presence of sodium in excess of the level specified in those regulations if it is caused by a water softener or water softening process which reduces the concentrations of calcium and magnesium.

2

In these Regulations “public building” means a building consisting of or containing—

a

a theatre, public library, hall or other place of public resort;

b

a school or other educational establishment not exempted from the operation of building regulations by virtue of section 4(1)(a) of the Act M7; or

c

a place of public worship;

but a building is not to be treated as a place of public resort because it is, or it contains, a shop, storehouse or warehouse, or is a dwelling to which members of the public are occasionally admitted.

3

In these Regulations “thermal element” means a wall, floor or roof (but does not include windows, doors, roof windows or roof-lights) which separates a thermally conditioned part of the building (“the conditioned space”) from—

a

the external environment (including the ground); or

b

in the case of floors and walls, another part of the building which is—

i

unconditioned;

ii

an extension falling within class 7 of Schedule 2; or

iii

where this paragraph applies, conditioned to a different temperature,

and includes all parts of the element between the surface bounding the conditioned space and the external environment or other part of the building as the case may be.

4

Paragraph (3)(b)(iii) only applies to a building which is not a dwelling, where the other part of the building is used for a purpose which is not similar or identical to the purpose for which the conditioned space is used.

5

Section 67 of the Water Industry Act 1991 and such regulations as have been made under that section apply for the purposes of Part G of Schedule 1 as they apply for the purposes of Chapter 3 of Part 3 of that Act.

PART 2Control of Building Work

Meaning of building work3

1

In these Regulations “building work” means—

a

the erection or extension of a building;

b

the provision or extension of a controlled service or fitting in or in connection with a building;

c

the material alteration of a building, or a controlled service or fitting, as mentioned in paragraph (2);

d

work required by regulation 6 (requirements relating to material change of use);

e

the insertion of insulating material into the cavity wall of a building;

f

work involving the underpinning of a building;

g

work required by regulation 22 (requirements relating to a change of energy status);

h

work required by regulation 23 (requirements relating to thermal elements);

i

work required by regulation 28 (consequential improvements to energy performance).

2

An alteration is material for the purposes of these Regulations if the work, or any part of it, would at any stage result—

a

in a building or controlled service or fitting not complying with a relevant requirement where previously it did; or

b

in a building or controlled service or fitting which before the work commenced did not comply with a relevant requirement, being more unsatisfactory in relation to such a requirement.

3

In paragraph (2) “relevant requirement” means any of the following applicable requirements of Schedule 1, namely—

  • Part A (structure)

  • paragraph B1 (means of warning and escape)

  • paragraph B3 (internal fire spread—structure)

  • paragraph B4 (external fire spread)

  • paragraph B5 (access and facilities for the fire service)

  • Part M (access to and use of buildings).

Requirements relating to building work4

1

Subject to paragraph (2) building work shall be carried out so that—

a

it complies with the applicable requirements contained in Schedule 1; and

b

in complying with any such requirement there is no failure to comply with any other such requirement F206F91, except as may be provided for in paragraphs (1C) and (1D).

F207F921A

The applicable requirements contained in Schedule 1 are—

a

the applicable requirements contained in Schedule 1 that apply in all cases, subject to paragraph (1C); and

b

any applicable requirement contained in Schedule 1, and described in the first column of that Schedule as an optional requirement, that applies in relation to the building work in question by virtue of paragraphs (1B), (1C) and (1D).

1B

An optional requirement as described in paragraph (1A)(b) shall apply to building work in any case where the planning permission under which the building work is carried out—

a

specifies that optional requirement by reference to these Regulations; and

b

makes it a condition that the requirement must be complied with.

1C

An optional requirement shall apply in substitution for a requirement of Schedule 1 to the extent that the terms of the optional requirement in the second column of Schedule 1 so provide.

1D

An optional requirement shall apply, and another optional requirement shall not apply, to the extent that the terms of the first-mentioned optional requirement in the second column of Schedule 1 so provide.

2

Where—

a

building work is of a kind described in regulation 3(1)(g), (h) or (i); and

b

the carrying out of that work does not constitute a material alteration,

that work need only comply with the applicable requirements of Part L of Schedule 1.

3

Building work shall be carried out so that, after it has been completed—

a

any building which is extended or to which a material alteration is made; or

b

any building in, or in connection with, which a controlled service or fitting is provided, extended or materially altered; or

c

any controlled service or fitting,

complies with the applicable requirements of Schedule 1 or, where it did not comply with any such requirement, is no more unsatisfactory in relation to that requirement than before the work was carried out.

Meaning of material change of use5

For the 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; or

j

the building is used as a shop, where previously it was not.

Requirements relating to material change of use6

1

Where there is a material change of use of the whole of a building, such work, if any, shall be carried out as is necessary to ensure that the building complies with the applicable requirements of the following paragraphs of Schedule 1—

a

in all cases, B1 (means of warning and escape)

  • B2 (internal fire spread—linings)

  • B3 (internal fire spread—structure)

  • B4(2) (external fire spread—roofs)

  • B5 (access and facilities for the fire service)

  • C2(c) (interstitial and surface condensation)

  • F1 (ventilation)

  • G1 (cold water supply)

  • G3(1) to (3) (hot water supply and systems)

  • G4 (sanitary conveniences and washing facilities)

  • G5 (bathrooms)

  • G6 (kitchens and food preparation areas)

  • F4...

  • H1 (foul water drainage)

  • H6 (solid waste storage)

  • J1 to J4 (combustion appliances)

  • L1 (conservation of fuel and power)

  • P1 (electrical safety);

b

in the case of a material change of use described in regulation 5(c), (d), (e) or (f), A1 to A3 (structure);

c

in the case of a building exceeding fifteen metres in height, B4(1) (external fire spread—walls);

d

in the case of a material change of use described in regulation 5(a), (b), (c), (d), (g), (h), (i) or, where the material change provides new residential accommodation, (f), C1(2) (resistance to contaminants);

e

in the case of a material change of use described in regulation 5(a), C2 (resistance to moisture);

f

in the case of a material change of use described in regulation 5(a), (b), (c), (g), (h) or (i), E1 to E3 (resistance to the passage of sound);

g

in the case of a material change of use described in regulation 5(e), where the public building consists of or contains a school, E4 (acoustic conditions in schools);

h

in the case of a material change of use described in regulation 5(a) or (b), G2 (water efficiency) and G3(4) (hot water supply and systems: hot water supply to fixed baths);

i

in the case of a material change of use described in regulation 5(c), (d), (e) or (j), F208F93M1 (access and use)F93M1 (access to and use of buildings other than dwellings);

F209F94j

in the case of a material change of use described in regulation 5(a), (b) or (g), Q1 (security).

2

Where there is a material change of use of part only of a building, such work, if any, shall be carried out as is necessary to ensure that—

a

that part complies in all cases with any applicable requirements referred to in paragraph (1)(a);

b

in a case in which sub-paragraphs (b), (e), (f), (g) or (h) of paragraph (1) apply, that part complies with the requirements referred to in the relevant sub-paragraph;

c

in a case to which sub-paragraph (c) of paragraph (1) applies, the whole building complies with the requirement referred to in that sub-paragraph; F95F211and

d

in a case to which sub-paragraph (i) of paragraph (1) applies—

i

that part and any sanitary conveniences provided in or in connection with that part comply with the requirements referred to in that sub-paragraph; and

ii

the building complies with requirement M1(a) of Schedule 1 to the extent that reasonable provision is made to provide either suitable independent access to that part or suitable access through the building to that part;

F210F96e

in a case to which subparagraph (j) applies in respect of a material change of use described in regulation 5(b) or (g), that part complies with the requirement referred to in that subparagraph.

Materials and workmanship7

Building work shall be carried out—

a

with adequate and proper materials which—

i

are appropriate for the circumstances in which they are used,

ii

are adequately mixed or prepared, and

iii

are applied, used or fixed so as adequately to perform the functions for which they are designed; and

b

in a workmanlike manner.

Limitation on requirements8

Parts A to D, F to K, F31F212, N and P (except for paragraphs G2, H2 and J7) of Schedule 1 shall not require anything to be done except for the purpose of securing reasonable standards of health and safety for persons in or about buildings (and any others who may be affected by buildings, or matters connected with buildings).

Exempt buildings and work9

1

Subject to paragraphs (2) F151F146, (3) and (4) and regulation 21(1), these Regulations do not apply to—

a

the erection of any building or extension of a kind described in Schedule 2; or

b

the carrying out of any work to or in connection with such a building or extension, if after the carrying out of that work it is still a building or extension of a kind described in that Schedule.

2

The requirements of paragraphs G1 and G3(2) and (3) of Schedule 1 apply—

a

to any greenhouse which receives a cold or hot water supply from a source shared with or located inside a dwelling; and

b

to—

i

any small detached building falling within class 6 in Schedule 2; and

ii

any extension of a building falling within class 7 in Schedule 2,

which in either case receives a cold or hot water supply from a source shared with or located inside any building other than a building or extension of a kind described in Schedule 2.

3

The requirements of Part P of Schedule 1 apply to—

a

any greenhouse F213F32used for domestic purposes ;

b

any small detached building falling within class 6 in Schedule 2; and

c

any extension of a building falling within class 7 in Schedule 2,

which in any case receives its electricity from a source shared with or located inside a dwelling.

F214F1474

The requirements of paragraph R1 of Schedule 1 apply to buildings controlled under other legislation falling within class 1 in Schedule 2.

F1524

The requirements of paragraph R1 of Schedule 1 apply to buildings falling within paragraphs 1 and 2 of Class 1 (buildings controlled under other legislation) in Schedule 2.

Exemption of the F5Mayor’s Office for Policing and Crime from procedural requirements10

1

The F5Mayor’s Office for Policing and Crime is hereby prescribed for the purposes of section 5 of the Act (exemption of public bodies from the procedural requirements and enforcement of building regulations).

2

The F5Mayor’s Office for Policing and Crime is exempt from compliance with these Regulations F157F112... in so far as the requirements in these Regulations are not substantive requirements.

Power to dispense with or relax requirements11

1

Subject to paragraph (3), the power under section 8(1) of the Act to dispense with or relax any requirement contained in these Regulations shall be exercisable by the local authority.

2

Any notification by the local authority to an applicant that they have refused the applicant's application to dispense with or relax any requirement of these Regulations shall inform the applicant of the effect of section 39(1) and (3) of the Act (appeal against refusal etc. to relax building regulations).

F43F593

Sub-sections (1) to (5) of section 8 of the Act (relaxation of building regulations) do not apply to regulations 23(1)(a), 25A, 25B, F215F113and 26 F158F114... F148F153and paragraph R1 F216(in-building physical infrastructure for high-speed electronic communications networks) of Schedule 1.

PART 3Notices, Plans and Certificates

Giving of a building notice or deposit of plans12

1

This regulation applies to a person who intends to—

a

carry out building work;

b

replace or renovate a thermal element in a building to which the energy efficiency requirements apply;

c

make a change to a building's energy status; or

d

make a material change of use.

2

Subject to the following provisions of this regulation, a person to whom this regulation applies shall—

a

give to the local authority a building notice in accordance with regulation 13; or

b

deposit full plans with the local authority in accordance with regulation 14.

3

A person intending to carry out building work in relation to a building to which the Regulatory Reform (Fire Safety) Order 2005 M8 applies, or will apply after the completion of the building work, shall deposit full plans.

4

A person intending to carry out building work which includes the erection of a building fronting onto a private street shall deposit full plans.

5

A person intending to carry out building work in relation to which paragraph H4 of Schedule 1 imposes a requirement shall deposit full plans.

6

A person intending to carry out building work is not required to give a building notice or deposit full plans where the work consists only of work—

a

described in column 1 of the Table in Schedule 3 if the work is to be carried out by a person described in the corresponding entry in column 2 of that Table; F72F218or

b

described in Schedule 4 F219F73; or

c

described in column 1 of the Table in Schedule 3A if the work is to be inspected by a person described in the corresponding entry in column 2 of that Table (a “third party certifier”) who has been appointed by the person intending to carry out the building work before the commencement of that work.

F217F336A

A person intending to carry out building work in relation to which Part P of Schedule 1 imposes a requirement is required to give a building notice or deposit full plans where the work consists of—

a

the installation of a new circuit;

b

the replacement of a consumer unit; or

c

any addition or alteration to existing circuits in a special location.

7

Where regulation 19 of the Building (Approved Inspectors etc) Regulations 2010 M9 (local authority powers in relation to partly completed work) applies, the owner shall comply with the requirements of that regulation instead of with this regulation.

8

Where—

a

a person proposes to carry out building work which consists of emergency repairs;

b

it is not practicable to comply with paragraph (2) before commencing the work; and

c

paragraph (6) does not apply,

the person shall give a building notice to the local authority as soon as reasonably practicable after commencement of the work.

9

In this regulation—

  • “fronting” has the meaning given in section 203(3) of the Highways Act 1980 M10; F34F220and

  • “private street” has the meaning given in section 203(2) of the Highways Act 1980 M11F35... F36; and

  • F221 “special location” means—

    1. (a)

      within a room containing a bath or shower, the space surrounding a bath tap or shower head, where the space extends—

      1. (i)

        vertically from the finished floor level to—

      2. (aa)

        a height of 2.25 metres; or

      3. (bb)

        the position of the shower head where it is attached to a wall or ceiling at a point higher than 2.25 metres from that level; and

      4. (ii)

        horizontally—

      5. (aa)

        where there is a bath tub or shower tray, from the edge of the bath tub or shower tray to a distance of 0.6 metres; or

      6. (bb)

        where there is no bath tub or shower tray, from the centre point of the shower head where it is attached to the wall or ceiling to a distance of 1.2 metres; or

    2. (b)

      a room containing a swimming pool or sauna heater.

Particulars and plans where a building notice is given13

1

A building notice shall state the name and address of the person intending to carry out the work and shall be signed by that person or on that person's behalf, and shall contain or be accompanied by—

a

a statement that it is given for the purpose of regulation 12(2)(a);

b

a description of the proposed building work, renovation or replacement of a thermal element, change to the building's energy status or material change of use; F97F222and

c

particulars of the location of the building to which the proposal relates and the use or intended use of that building F223F98; and

d

in the case of a new dwelling—

i

a statement whether or not any optional requirement applies to the building work, and if so which, or

ii

a statement that planning permission has not yet been granted for the work, and that the information required by subparagraph (i) will be supplied before the end of a period of twenty eight days beginning on the day after that permission is granted.

F224F991A

In the case of a new dwelling, where a statement under paragraph (1)(d)(ii) has accompanied the building notice, a statement in the terms required by paragraph (1)(d)(i) must be provided to the local authority before the end of a period of twenty eight days beginning on the day after planning permission is granted for the building work, and the statement must state that it is supplementary to the information given in respect of the work pursuant to paragraph (1)(d).

2

In the case of the erection or extension of a building, a building notice shall be accompanied by—

a

a plan to a scale of not less than 1:1250 showing—

i

the size and position of the building, or the building as extended, and its relationship to adjoining boundaries;

ii

the boundaries of the curtilage of the building, or the building as extended, and the size, position and use of every other building or proposed building within that curtilage;

iii

the width and position of any street on or within the boundaries of the curtilage of the building or the building as extended;

b

a statement specifying the number of storeys (each basement level being counted as one storey), in the building to which the proposal relates; and

c

particulars of—

i

the provision to be made for the drainage of the building or extension; and

ii

the steps to be taken to comply with any local enactment which applies.

3

Where a building notice has been given, a person carrying out building work, renovation or replacement of a thermal element, change to the building's energy status or making a material change of use shall give the local authority, within such time as they specify, such plans as are, in the particular case, necessary for the discharge of their functions in relation to building regulations and are specified by them in writing.

4

Neither a building notice nor plans which accompany it or are given under paragraph (3) are to be treated for the purposes of section 16 of the Act as having been deposited in accordance with building regulations.

5

A building notice shall cease to have effect on the expiry of three years from the date on which that notice was given to the local authority, unless before the expiry of that period—

a

the building work to which the notice related was commenced; or

b

the change to the building's energy status or the material change of use described in the notice was made.

Full plans14

1

Full plans shall be accompanied by a statement that they are deposited for the purpose of regulation 12(2)(b).

2

a

Full plans shall be deposited in duplicate, of which the local authority may retain one copy; and

b

where Part B of Schedule 1 (fire safety) imposes a requirement in relation to proposed building work, an additional two copies of any such plans as demonstrate compliance with that requirement shall be deposited, both of which may be retained by the local authority.

3

Full plans shall consist of—

a

a description of the proposed building work, renovation or replacement of a thermal element, change to the building's energy status or material change of use, and the plans, particulars and statements required by paragraphs (1) F225F100, (1A) and (2) of regulation 13;

b

where paragraph H4 of Schedule 1 imposes a requirement, particulars of the precautions to be taken in building over a drain, sewer or disposal main to comply with the requirements of that paragraph; and

c

any other plans which are necessary to show that the work would comply with these Regulations.

4

Full plans shall be accompanied by a statement as to whether the building is a building in relation to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of the building work.

F9F445

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

Paragraph (2)(b) shall not require the deposit of additional copies of plans where the proposed building work relates to the erection, extension or material alteration of a dwelling-house or flat.

Consultation with sewerage undertaker15

1

This regulation applies where full plans have been deposited with the local authority and paragraph H4 of Schedule 1 imposes requirements in relation to the building work which is the subject of those plans.

2

Where this regulation applies the local authority shall consult the sewerage undertaker—

a

as soon as practicable after the plans have been deposited; and

b

before issuing any completion certificate in relation to the building work in accordance with regulation 17 F45F10or 17A.

3

Where a local authority are required by paragraph (2) to consult the sewerage undertaker they shall—

a

give to the sewerage undertaker, in a case where the authority are consulting them following the deposit of full plans, sufficient plans to show whether the work would, if carried out in accordance with those plans, comply with the applicable requirements of paragraph H4 of Schedule 1;

b

have regard to any views expressed by the sewerage undertaker; and

c

not pass plans or issue a completion certificate until 15 days have elapsed from the date on which they consulted the sewerage undertaker, unless the sewerage undertaker has expressed its views to them before the expiry of that period.

Notice of commencement and completion of certain stages of work16

1

Subject to paragraphs (8) and (9), a person who proposes to carry out building work shall not commence that work unless—

a

that person has given the local authority notice of intention to commence work; and

b

at least two days have elapsed since the end of the day on which the notice was given.

F226F372

Subject to paragraph (8), a person carrying out building work shall not—

a

cover up any excavation for a foundation, any foundation, any damp-proof course or any concrete or other material laid over a site; or

b

cover up in any way any drain or sewer to which these Regulations apply, unless that person has given the local authority notice of intention to commence that work, and at least one day has elapsed since the end of the day on which the notice was given.

3

Subject to paragraph (8), a person who has laid, haunched or covered any drain or sewer in respect of which Part H of Schedule 1 (drainage and waste disposal) imposes a requirement shall give notice to that effect to the local authority not more than five days after the completion of the work.

F372

Subject to paragraph (8), a person carrying out building work must notify the local authority as required by the authority in accordance with paragraph (3).

3

Subject to the conditions in paragraphs (3A) and (3B), where a local authority receives notice of intention to commence building work under paragraph (1) they may give the person carrying out the work a notice in writing which—

a

requires that person to notify the authority that a specified stage of the work (other than a stage specified in paragraphs (4) and (5)) has been reached; and

b

may specify one or more periods of time, applying to each such required notification, which may be either or both of the following—

i

a period before or after the work has been carried out within which the notification must be made; and

ii

a period during which the work concerned must not be covered up.

F2273A

A local authority may only specify a stage of the building work in accordance with paragraph (3)(a) if at the time they do so they intend to carry out an inspection of that stage.

F2273B

For the purposes of paragraph (3A) the local authority's intention to carry out an inspection of a stage of building work must be based on their assessment of the risk of breach of these Regulations if they do not inspect the work.

4

Subject to paragraph (8), a person carrying out building work shall, not more than five days after that work has been completed, give the local authority notice to that effect.

5

Where a building is being erected F46F38to which the Regulatory Reform (Fire Safety) Order 2005 M35 applies, or will apply after the completion of the work , and that building (or any part of it) is to be occupied before completion, the person carrying out that work shall give the local authority at least five days notice before the building or any part of it is occupied.

6

A person who fails to comply with paragraphs (1) F228F39to (3)F39or (2) shall comply within a reasonable time with any notice given by the local authority requiring that person to cut into, lay open or pull down so much of the work as prevents them from ascertaining whether these Regulations have been complied with.

7

If the local authority have given notice specifying the manner in which any work contravenes the requirements in these Regulations, a person who has carried out any further work to secure compliance with these Regulations shall within a reasonable time after the completion of such further work give notice to the local authority of its completion.

8

Paragraphs (1) to (4) apply only to a person who is required by regulation 12 to give a building notice or deposit full plans.

9

Paragraph (1) does not apply where regulation 12(8) applies.

Completion certificates17

F47F71

A local authority shall within the specified period give a completion certificate in all cases (including a case where a certificate has already been given under regulation 17A) where they are satisfied, after taking all reasonable steps, that, following completion of building work carried out on it, a building complies with the relevant provisions.

2

The specified period referred to in paragraph (1) is eight weeks starting from the date on which the person carrying out the building work notifies the local authority that the work has been completed.

2A

The relevant provisions referred to in paragraph (1) are any applicable requirements of the following provisions—

a

regulation 25A (high-efficiency alternative systems for new buildings);

b

regulation 26 (target CO² emission rates for new buildings);

F115c

regulation 26A (target fabric energy efficiency requirements for new dwellings);

F229F159c

regulation 26A (primary energy consumption rates for new buildings),

ca

regulation 26B (fabric performance values for new dwellings),

d

regulation 36 (water efficiency of new dwellings);

e

regulation 38 (fire safety information); F116F160...

f

Schedule 1F117F161,

g

regulation 7A (energy performance certificates on construction) of the Energy Performance of Buildings (England and Wales) Regulations 2012.

4

A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with.

F48F85

The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (4).

F40Certificate for building occupied before work is completed17A

1

A local authority shall within the specified period give a completion certificate in respect of part or all of a building where building work is being carried out and where all of the following circumstances apply—

a

part or all of the building is to be occupied before the work is completed;

b

the building is subject to the Regulatory Reform (Fire Safety) Order 2005; and

c

the authority is satisfied, after taking all reasonable steps, that, regardless of completion of the current building work, those parts of the building which are to be occupied before completion of the work currently comply with regulation 38 and Part B of Schedule 1.

2

The specified period referred to in paragraph (1) is four weeks starting from the date that notice is received by the local authority in accordance with regulation 16(5).

3

A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with, and the certificate shall contain this wording.

4

The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (3).

Unauthorised building work18

1

This regulation applies where it appears to a local authority that unauthorised building work has been carried out on or after 11th November 1985.

2

Where this regulation applies, the owner (in this regulation referred to as “the applicant”) may apply in writing to the local authority for a regularisation certificate in accordance with this regulation, and shall send with the application—

a

a statement that the application is made in accordance with this regulation,

b

a description of the unauthorised work,

c

so far as is reasonably practicable, a plan of the unauthorised work, and

d

so far as is reasonably practicable, a plan showing any additional work required to be carried out to secure that the unauthorised work complies with the requirements relating to building work in the building regulations which were applicable to that work when it was carried out (in this regulation referred to as “the relevant requirements”).

3

Where a local authority receive an application in accordance with this regulation, they may require the applicant to take such reasonable steps, including laying open the unauthorised work for inspection by the authority, making tests and taking samples, as the authority think appropriate to ascertain what work, if any, is required to secure that the relevant requirements are met.

4

When the applicant has taken any such steps required by the local authority as are described in paragraph (3), and having had regard to any direction given in accordance with sections 8 and 9 of, and Schedule 2 to, the Act dispensing with or relaxing a requirement in building regulations which applies to the unauthorised work, the local authority shall notify the applicant—

a

of the work which in their opinion is required to comply with the relevant requirements or those requirements as dispensed with or relaxed, or

b

that they cannot determine what work is required to comply with the relevant requirements or those requirements as dispensed with or relaxed, or

c

that no work is required to secure compliance with the relevant requirements or those requirements as dispensed with or relaxed.

5

Where the local authority have been able to satisfy themselves, after taking all reasonable steps for that purpose that—

a

the relevant requirements have been satisfied (taking account of any work carried out and any dispensation or relaxation given in accordance with sections 8 and 9 of, and Schedule 2 to, the Act), or

b

no work is required to secure that the unauthorised work satisfies the relevant requirements (taking account of any such dispensation or relaxation),

they may give a certificate to that effect (in this regulation referred to as “a regularisation certificate”).

6

A regularisation certificate shall be evidence (but not conclusive evidence) that the relevant requirements specified in the certificate have been complied with.

7

Where this regulation applies, regulations 12 and 14 shall not apply, and neither the supply of plans nor the taking of any other action in accordance with this regulation is to be treated for the purposes of section 16 of the Act as the deposit of plans in accordance with building regulations.

8

In this regulation, “unauthorised building work” means building work other than work in relation to which an initial notice, an amendment notice or a public body's notice has effect, which is done without—

a

a building notice being given to the local authority;

b

full plans of the work being deposited with the local authority; or

c

a notice of commencement of work being given, in accordance with regulation 16(1), where a building notice has been given or full plans have been deposited.

PART 4Supervision of Building Work Otherwise than by Local Authorities

Supervision of building work otherwise than by local authorities19

1

Regulations 12 (giving of a building notice or deposit of plans), 16 (notice of commencement and completion of certain stages of work), 17 (completion certificates), F49F1117A (Certificate for building occupied before work is completed) 20 (provisions applicable to self-certification schemes), 27 (CO2 emission rate calculations), F162F118... 37 (wholesome water consumption calculation), 41 (sound insulation testing), 42 (mechanical ventilation air flow rate testing), 43 (pressure testing), 44 (commissioning), 45 (testing of building work) and 46 (sampling of material) shall not apply in respect of any work specified in an initial notice, an amendment notice or a public body's notice, which is in force.

2

Regulations 45 and 46 shall not apply in respect of any work in relation to which a final certificate or a public body's final certificate has been accepted by the local authority.

PART 5F66Self-certification schemes F198and third party certification schemes

Annotations:
Amendments (Textual)
F66

Pt. 5 heading substituted (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(4) (with reg. 1(3))

F198

Words in Pt. 5 heading 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), 6(1) (with reg. 29)

Provisions applicable to self-certification schemesC820

1

This regulation applies to the extent that the building work consists only of work of a type described in column 1 of the Table in Schedule 3 and the work is carried out by a person who is described in the corresponding entry in column 2 of that Table in respect of that type of work.

2

Where this regulation applies, the local authority are authorised to accept, as evidence that the requirements of regulations 4 and 7 have been satisfied, a certificate to that effect by the person carrying out the work.

3

Where this regulation applies, the person carrying out the work shall, not more than 30 days after the completion of the work—

a

give to the occupier a copy of the certificate referred to in paragraph (2); and

b

give to the local authority—

i

notice to that effect, or

ii

the certificate referred to in paragraph (2).

F65F643A

A local authority shall store in a retrievable form copies of the notices and certificates given to it in accordance with paragraph (3)(b).

3B

If the whole or part of the work was paid for using a green deal plan, the person carrying out the work must include—

a

in the certificate referred to in paragraph (2); and

b

in the notice given to the local authority referred to in paragraph (3)(b)(i),

a statement to that effect.

F230F743C

Such a statement that relates to a part of the work must specify which part was paid for using the green deal plan.

3D

In this regulation, “green deal plan” has the meaning given in section 1 of the Energy Act 2011.M34

4

Paragraph (3) of this regulation does not apply where a person carries out any building work described in Schedule 4.

F50F295

A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with F231F75, and the certificate shall contain this wording.

6

The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (5).

F232F67Provisions applicable to third party certification schemesC920A

1

This regulation applies to the extent that the building work consists only of work of a type described in column 1 of the Table in Schedule 3A and the work is inspected by a third party certifier described in column 2 of that Table and appointed in accordance with regulation 12(6)(c).

2

Where this regulation applies, the local authority are authorised to accept, as evidence that the requirements of regulations 4 and 7 have been complied with, a certificate to that effect by the third party certifier.

3

Where this regulation applies, the person carrying out the building work must, not more than 7 days after the completion of the work, notify the third party certifier that the work has been completed.

4

Where the third party certifier, having taken all reasonable steps to ascertain that it is the case, is satisfied within the limits of professional skill and care that the requirements of regulation 4 and 7 have been complied with, the third party certifier must, not more than 30 days after receiving notification of completion of the work under paragraph (3)—

a

give the occupier a copy of the certificate referred to in paragraph (2); and

b

give to the local authority—

i

notice to that effect, or

ii

the certificate referred to in paragraph (2).

5

If the third party certifier is unable to certify that the requirements of regulations 4 and 7 have been complied with and therefore cannot provide the certificate referred to in paragraph (2), the third party certifier must notify the local authority to that effect.

6

A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with.

7

The certificate shall include a statement describing its evidentiary effect, in terms substantially the same as paragraph (6).

PART 6Energy Efficiency Requirements

Application of energy efficiency requirements21

1

The energy efficiency requirements apply to—

a

the erection of any building of a kind falling within this paragraph;

b

the extension of any such building, other than an extension to which paragraph (4) applies; and

c

the carrying out of any work to or in connection with any such building or extension.

2

A building falls within paragraph (1) if it—

a

is a roofed construction having walls;

b

uses energy to condition the indoor climate; and

c

does not fall within one or more of the categories listed in paragraph (3).

3

The categories referred to in paragraph (2)(c) are—

a

buildings which are—

i

listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 M12;

ii

in a conservation area designated in accordance with section 69 of that Act; or

iii

included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979 M13,

where compliance with the energy efficiency requirements would unacceptably alter their character or appearance;

b

buildings which are used primarily or solely as places of worship;

c

temporary buildings with a planned time of use of two years or less, industrial sites, workshops and non-residential agricultural buildings with low energy demand;

d

stand-alone buildings other than dwellings with a total useful floor area of less than 50m2.

4

This paragraph applies to any extension of a building falling within class 7 in Schedule 2 except a conservatory or porch—

a

where any wall, door or window separating the conservatory or porch from that building has been removed and not replaced with a wall, door or window; F233F85...

b

into which the building's heating system has been extended F234F86to heat the conservatory or porch; or

c

in which a fixed heating appliance has been provided to heat the conservatory or porch.

5

In this regulation, the following terms have the same meaning as in F51F14European Parliament and Council Directive 2010/31/EU of 19 May 2010 on the energy performance of buildings (recast) —

i

“industrial sites”;

ii

“low energy demand”;

iii

“non-residential agricultural buildings”;

iv

“places of worship”;

v

“stand-alone”;

vi

“total useful floor area”;

vii

“workshops”.

Requirements relating to a change to energy status22

Where there is a change to a building's energy status, such work, if any, shall be carried out as is necessary to ensure that the building complies with the applicable requirements of Part L of Schedule 1.

F62F15Requirements for the renovation or replacement of thermal elements23

1

Where the renovation of an individual thermal element—

a

constitutes a major renovation; or

b

amounts to the renovation of more than 50% of the element’s surface area;

the renovation must be carried out so as to ensure that the whole of the element complies with paragraph L1(a)(i) of Schedule 1, in so far as that is technically, functionally and economically feasible.

2

Where the whole or any part of an individual thermal element is proposed to be replaced and the replacement—

a

constitutes a major renovation; or

b

(in the case of part replacement) amounts to the replacement of more than 50% of the thermal element’s surface area;

the whole of the thermal element must be replaced so as to ensure that it complies with paragraph L1(a)(i) of Schedule 1, in so far as that is technically, functionally and economically feasible.

Methodology of calculation and expression of energy performance24

1

The Secretary of State shall approve—

a

a methodology of calculation of the energy performance of buildings, including methods for calculating asset ratings and operational ratings of buildings; and

b

ways in which the energy performance of buildings, as calculated in accordance with the methodology, shall be expressed.

2

In this regulation—

  • “asset rating” means F163F119an energy performance indicator determined from the amount of energy estimated to meet the different needs associated with a standardised use of the building; and

  • F164F120“operational rating” means an energy performance indicator determined from the amount of energy consumed during the occupation of a building over a period of time and the energy demand associated with a typical use of the building over that period.

Minimum energy performance requirements for new buildingsE5F7625

Minimum energy performance requirements shall be approved by the Secretary of State, F121calculated and expressed in accordance with the methodology approved pursuant to regulation 24, for—

a

new buildings (which shall include new dwellings), in the form of target CO2 emission rates; and

b

new dwellings, in the form of target fabric energy efficiency rates.

Minimum energy performance requirements for new buildings25

F245The Welsh Ministers shall approve minimum energy performance requirements for new buildings, in the form of target CO² emission rates, which shall be calculated and expressed in accordance with the methodology approved pursuant to regulation 24.

F244Minimum energy performance requirements shall be approved by the Secretary of State, F243calculated and expressed in accordance with the methodology approved pursuant to regulation 24, for—

a

new buildings (which shall include new dwellings), in the form of target CO2 emission rates; and

b

new dwellings, in the form of target fabric energy efficiency rates.

F61F63Consideration of high-efficiency alternative systems for new buildings25A

1

Before construction of a new building starts, the person who is to carry out the work must analyse and take into account the technical, environmental and economic feasibility of using high-efficiency alternative systems (such as the following systems) in the construction, if available—

a

decentralised energy supply systems based on energy from renewable sources;

b

cogeneration;

c

district or block heating or cooling, particularly where it is based entirely or partially on energy from renewable sources; and

d

heat pumps.

2

The person carrying out the work must—

a

not later than the beginning of the day before the day on which the work starts, give the local authority a notice which states that the analysis referred to in paragraph (1)—

i

has been undertaken;

ii

is documented; and

iii

the documentation is available to the authority for verification purposes; and

b

ensure that a copy of the analysis is available for inspection at all reasonable times upon request by an officer of the local authority.

3

An authorised officer of the local authority may require production of the documentation in order to verify that this regulation has been complied with.

4

The analysis referred to in paragraph (1)—

a

may be carried out for individual buildings or for groups of similar buildings or for common typologies of buildings in the same area; and

b

in so far as it relates to collective heating and cooling systems, may be carried out for all buildings connected to the system in the same area.

5

In this regulation—

a

“cogeneration” means simultaneous generation in one process of thermal energy and one or both of the following—

i

electrical energy;

ii

mechanical energy;

b

“district or block heating or cooling” means the distribution of thermal energy in the form of steam, hot water or chilled liquids, from a central source of production through a network of multiple buildings or sites, for the use of space or process heating or cooling;

c

“energy from renewable sources” means energy from renewable non-fossil sources, namely wind, solar, aerothermal, geothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases; and

d

“heat pump” means a machine, a device or installation that transfers heat from natural surroundings such as air, water or ground to buildings or industrial applications by reversing the natural flow of heat such that it flows from a lower to a higher temperature. (For reversible heat pumps, it may also move heat from the building to the natural surroundings.)

F61F63Nearly zero-energy requirements for new buildings25B

Where a building is erected, it must be a nearly zero-energy building.

F200F82New buildings: minimum energy performance requirements25C

Minimum energy performance requirements F200F165must be approved by the Welsh Ministers, F200F166calculated and expressed in accordance with the methodology approved pursuant to regulation 24, for—

a

new buildings (other than new dwellings), in the form of target primary energy consumption rates; and

b

new dwellings, in the form of target fabric performance values.

CO2 emission rates for new buildings26

Where a building is erected, it shall not exceed the target CO2 emission rate for the building that has been approved pursuant to regulation 25 F167F122, applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24.

F108Fabric energy efficiency ratesE2F6826A

Where a dwelling is erected, it shall not exceed the target fabric energy efficiency rate for the dwelling F123that has been approved pursuant to regulation 25, applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24.

F235Primary energy consumption rates for new buildings E126A

Where a building (other than a dwelling) is erected, it must not exceed the target primary energy consumption rate for the building which has been approved pursuant to regulation 25C(a), applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24.

F201F83Fabric performance values for new dwellings26B

Where a dwelling is erected, it must not exceed the target fabric performance values for the dwelling which have been approved pursuant to regulation 25C(b) F201F168, applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24.

CO2 emission rate calculationsC1027

1

This regulation applies where a building is erected and regulation 26 applies.

2

Not later than the day before the work starts, the person carrying out the work shall give the local authority a notice which specifies—

a

the target CO2 emission rate for the building F169F124, calculated and expressed in accordance with the methodology approved pursuant to regulation 24,

b

the F170F125... CO2 emission rate for the building as designed F171F126, calculated and expressed in accordance with the methodology approved pursuant to regulation 24, and

c

a list of specifications to which the building is to be constructed.

C33

Not later than five days after the work has been completed, the person carrying out the work shall give the local authority—

a

a notice which specifies—

i

the target CO2 emission rate for the building F172F127, calculated and expressed in accordance with the methodology approved pursuant to regulation 24,

ii

the F173F128... CO2 emission rate for the building as constructed F174F129, calculated and expressed in accordance with the methodology approved pursuant to regulation 24, and

iii

whether the building has been constructed in accordance with the list of specifications referred to in paragraph (2)(c), and if not a list of any changes to those specifications; or

b

a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraph (a).

4

A local authority are authorised to accept, as evidence that the requirements of regulation 26 have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce F175F130energy performance certificates for that category of building.

5

In this regulation, “specifications” means specifications used for the calculation of the CO2 emission rate.

F69Fabric energy efficiency rate calculationsE427A

1

This regulation applies where a dwelling is erected and regulation 26A applies.

2

Not later than the day before the work starts, the person carrying out the work shall give the local authority a notice which specifies—

a

the target fabric energy efficiency rate for the dwelling F131, calculated and expressed in accordance with the methodology approved pursuant to regulation 24;

b

the F132... fabric energy efficiency rate for the dwelling as designed F133, calculated and expressed in accordance with the methodology approved pursuant to regulation 24; and

c

a list of specifications to which the dwelling is to be constructed.

C43

Not later than five days after the work has been completed, the person carrying out the work shall give the local authority—

a

a notice which specifies—

i

the target fabric energy efficiency rate for the dwelling F134, calculated and expressed in accordance with the methodology approved pursuant to regulation 24;

ii

the F135... fabric energy efficiency rate for the dwelling as constructed F136, calculated and expressed in accordance with the methodology approved pursuant to regulation 24; and

iii

whether the dwelling has been constructed in accordance with the list of specifications referred to in paragraph (2)(c), and if not a list of any changes to those specifications; or

b

a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraph (a).

4

A local authority is authorised to accept, as evidence that the requirements of regulation 26A have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce F137energy performance certificates for that category of building.

5

In this Regulation, “specifications” means specifications used for the calculation of the fabric energy efficiency rate.

F236F81Primary energy consumption rate calculationsE327A

1

This regulation applies where a building (other than a dwelling) is erected and regulation 26A applies.

2

Not later than the day before the work starts, the person carrying out the work must give the local authority a notice which specifies—

a

the target primary energy consumption rate for the building F176, calculated and expressed in accordance with the methodology approved pursuant to regulation 24;

b

the F178... primary energy consumption rate for the building as designed F177, calculated and expressed in accordance with the methodology approved pursuant to regulation 24; and

c

a list of specifications to which the building is to be constructed.

C53

Not later than five days after the work has been completed, the person carrying out the work must give the local authority—

a

a notice which specifies—

i

the target primary energy consumption rate for the building F179, calculated and expressed in accordance with the methodology approved pursuant to regulation 24;

ii

the F180... primary energy consumption rate for the building as constructed F181, calculated and expressed in accordance with the methodology approved pursuant to regulation 24; and

iii

whether the building has been constructed in accordance with the list of specifications referred to in paragraph 2(c), and if not a list of any changes to those specifications; or

b

a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraph (a).

4

A local authority is authorised to accept, as evidence that the requirements of regulation 26A have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce F182energy performance certificates for that category of building.

5

In this regulation, “specifications” means specifications used for the calculation of the primary energy consumption rate.

F202F81Fabric performance values calculations27B

1

This regulation applies where a dwelling is erected and regulation 26B applies.

2

Not later than the day before the work starts, the person carrying out the work must give the local authority a notice which specifies—

a

the target fabric performance values for the dwelling F202F183, calculated and expressed in accordance with the methodology approved pursuant to regulation 24;

b

the F202F184... fabric performance values for the dwelling as designed F202F185, calculated and expressed in accordance with the methodology approved pursuant to regulation 24; and

c

a list of specifications to which the dwelling is to be constructed.

C6C73

Not later than five days after the work has been completed, the person carrying out the work must give the local authority—

a

a notice which specifies—

i

the target fabric performance values for the dwelling F202F186, calculated and expressed in accordance with the methodology approved pursuant to regulation 24;

ii

the F202F187... fabric performance values for the dwelling as constructed F202F188, calculated and expressed in accordance with the methodology approved pursuant to regulation 24; and

iii

whether the dwelling has been constructed in accordance with the list of specifications referred to in paragraph 2(c), and if not a list of any changes to those specifications; or

b

a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraph (a).

4

A local authority is authorised to accept, as evidence that the requirements of regulation 26B have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce F202F189energy performance certificates for that category of building.

5

In this regulation, “specifications” means specifications used for the calculation of the fabric performance values.

Consequential improvements to energy performanceE628

1

Paragraph (2) applies to an existing building with a total useful floor area over 1,000m2 where the proposed building work consists of or includes—

a

an extension;

b

the initial provision of any fixed building services; or

c

an increase to the installed capacity of any fixed building services.

2

Subject to paragraph (3), where this paragraph applies, such work, if any, shall be carried out as is necessary to ensure that the building complies with the requirements of Part L of Schedule 1.

3

Nothing in paragraph (2) requires work to be carried out if it is not technically, functionally and economically feasible.

Annotations:
Extent Information
E6

This version of this provision applies to England only; a separate version has been created for Wales only

Consequential improvements to energy performance28

F2471

Paragraph (2) applies to an existing building with a total useful floor area over 1,000m2 where the proposed building work consists of or includes—

a

an extension;

b

the initial provision of any fixed building services; or

c

an increase to the installed capacity of any fixed building services.

2

Subject to paragraph (3), where this paragraph applies, such work, if any, shall be carried out as is necessary to ensure that the building complies with the requirements of Part L of Schedule 1.

3

Nothing in paragraph (2) requires work to be carried out if it is not technically, functionally and economically feasible.

F246F2471

Paragraph (3) applies to an existing building with a total useful floor area over 1000m2 where the proposed building work consists of or includes—

a

the initial provision of any fixed building services; or

b

an increase to the installed capacity of any fixed building services.

2

Paragraph (3) applies to an existing building where the proposed building work consists of or includes—

a

an extension; or

b

the extension of the building’s heating system or the provision of a fixed heating appliance, to heat a previously unheated space.

3

Subject to paragraph (4), where this paragraph applies, such work, if any, shall be carried out as is necessary to ensure that the building complies with the requirements of Part L of Schedule 1.

4

Nothing in paragraph (3) requires work to be carried out if it is not technically, functionally and economically feasible.

Energy performance certificatesF138F19029

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recommendation reportsF109F15429A

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Energy assessorsF109F15430

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Related party disclosuresF109F15431

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty of careF109F15432

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right to copy documentsF109F15433

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F30Application of building regulations to educational buildings, buildings of statutory undertakers and Crown Buildings34

1

Regulations F6011(3), 21, 23(1)(a), F77F23725F7725(a), 25A, 25B, 26 F191F139... and 35(1) apply (in so far as applicable by virtue of regulation 21) to—

a

educational buildings and buildings of statutory undertakers (notwithstanding section 4(1) of the Act);

b

Crown buildings; and

c

building work carried out or proposed to be carried out by Crown authorities.

2

In this regulation “educational buildings and buildings of statutory undertakers” means buildings which fall within paragraphs (a), (b) or (c) of section 4(1) of the Act.

Interpretation of Part 635

1

In this Part—

  • “building” means the building as a whole or parts of it that have been designed or altered to be used separately;

  • F52F16“building envelope” in relation to a building means the walls, floor, roof, windows, doors, roof windows and roof-lights;

  • “Crown authority” means the Crown Estate Commissioners, a Minister of the Crown, a government department, any other person or body whose functions are performed on behalf of the Crown (not being a person whose functions are performed on behalf of Her Majesty in her private capacity), or a person acting in right of the Duchy of Lancaster or the Duchy of Cornwall;

  • “Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a Government Department, or held in trust for Her Majesty for the purposes of a government department;

  • “Crown building” means a building in which there is a Crown interest or a Duchy interest;

  • “Duchy interest” means an interest belonging to her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall;

  • “energy assessor” means an individual who is a member of an accreditation scheme approved by the Secretary of State in accordance with F192F140regulation 22 (accreditation schemes) of the Energy Performance of Buildings (England and Wales) Regulations 2012; F17F53...

  • F193F141“energy performance certificate” means a certificate which complies with the requirements of regulation 9 (energy performance certificates) or 9A (energy performance certificates in respect of excluded buildings) of the Energy Performance of Buildings (England and Wales) Regulations 2012;”;

  • “energy performance of a building” means the calculated or measured amount of energy needed to meet the energy demand associated with a typical use of the building, which includes, inter alia, energy used for heating, cooling, ventilation, hot water and lighting;

  • F238F78“fabric energy efficiency” means the space heating and cooling requirements per square metre of floor area of a new dwelling;

  • F54F18“major renovation” means the renovation of a building where more than 25% of the surface area of the building envelope undergoes renovation; F101...

  • “nearly zero-energy building” means a building that has a very high energy performance, as determined in accordance with a methodology approved under regulation 24, where the nearly zero or very low amount of energy required should be covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearby;

  • F238F102“new dwelling” does not include a dwelling that is formed by a material change of use of a building.

  • F19F55...

F142F1942

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 7Water Efficiency

Water efficiency of new dwellingsE7F10336

1

The potential consumption of wholesome water by persons occupying a new dwelling must not exceed the requirement in paragraph (2).

2

The requirement referred to in paragraph (1) is either—

a

125 litres per person per day; or

b

in a case to which paragraph (3) applies, the optional requirement of 110 litres per person per day,

as measured in either case in accordance with a methodology approved by the Secretary of State.

3

This paragraph applies where the planning permission under which the building work is carried out—

a

specifies the optional requirement in paragraph (2)(b); and

b

makes it a condition that that requirement must be complied with.

4

In this Part, “new dwelling” does not include a dwelling that is formed by a material change of use of a building within the meaning of regulation 5(g).

Water efficiency of new dwellingsE9F24836

1

This regulation applies where a dwelling is—

a

erected; or

b

formed by a material change of use of a building within the meaning of regulation 5(a) or (b).

2

The potential consumption of wholesome water by persons occupying a dwelling to which this regulation applies must not exceed the requirement in paragraph (3).

3

The requirement referred to in paragraph (2) is—

a

where a dwelling is erected, 110 litres per person per day; or

b

where a dwelling is formed by a material change of use of a building within the meaning of regulation 5(a) or (b), 125 litres per person per day,

as measured in either case in accordance with a methodology approved by the Welsh Ministers.

Wholesome water consumption calculationE8C11F10437

1

Where regulation 36 applies, the person carrying out the work must give the local authority a notice which specifies—

a

which of the requirements in regulation 36(2)(a) or (b) applies to the dwelling; and

b

the potential consumption of wholesome water per person per day in relation to the completed dwelling.

2

The notice shall be given to the local authority not later than five days after the work has been completed.

Wholesome water consumption calculationE10C16F24937

1

Where regulation 36 applies, the person carrying out the work must give the local authority a notice which specifies the potential consumption of wholesome water per person per day in relation to the completed dwelling.

2

The notice shall be given to the local authority not later than five days after the work has been completed.

F199F107PART 7AAutomatic fire suppression systems

Annotations:
Amendments (Textual)
F199

Pt. 7A inserted (with minor changes to the text of reg. 37A(1)(a) and matching text for substituted reg. 37A(1)(b)(i)) (W. for remaining purposes) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 9 (with reg. 29)

F107

Pt. 7A inserted (W., but not in relation to excepted energy buildings) (30.4.2014 for specified purposes, 1.1.2016 in so far as not already in force) by The Building Regulations &c. (Amendment No. 3) and Domestic Fire Safety (Wales) Regulations 2013 (S.I. 2013/2730), regs. 1(2), 4(2) (with regs. 1(3), 6)

Provision of automatic fire suppression systems37A

1

This regulation applies where building work consists of the erection or material change of use of a building in relation to—

a

care homes F199whichF197means places at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, are F199is provided wholly or mainly to persons aged 18 or over;

b

rooms for residential purposes other than rooms in—

F199F196i

a hostel providing temporary accommodation to those who are ordinarily resident elsewhere;

ii

an hotel;

iii

a prison or young offender institution; and

iv

a hospital;

c

dwelling-houses and flats,

subject to paragraphs (4) and (5).

2

For the purposes of this regulation a material change of use comprises or includes a change of use within regulation 5 (a), (b), (c), (d), (g), (h) or (i).

3

A building to which this regulation applies must be provided with an automatic fire suppression system which is installed and operates in accordance with the requirements set in regulation 37B.

4

This regulation does not apply to buildings which are—

a

listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990;

b

in a conservation area designated in accordance with section 69 of that Act; or

c

included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979,

where installation of a fire suppression system would unacceptably alter their character or appearance.

5

This regulation does not apply to temporary buildings with a planned time of use of two years or less.

Requirements of automatic fire suppression systems37B

For the purposes of regulation 37A(3), the requirements of an automatic fire suppression system are the requirements set out in any document approved and issued under section 6 of the Building Act 1984 for the purpose of providing practical guidance as to the requirements of regulation 37A.

PART 8Information to be Provided by the Person Carrying Out Work

Fire safety information38

1

This regulation applies where building work—

a

consists of or includes the erection or extension of a relevant building; or

b

is carried out in connection with a relevant change of use of a building,

and Part B of Schedule 1 imposes a requirement in relation to the work.

2

The person carrying out the work shall give fire safety information to the responsible person not later than the date of completion of the work, or the date of occupation of the building or extension, whichever is the earlier.

3

In this regulation—

a

“fire safety information” means information relating to the design and construction of the building or extension, and the services, fittings and equipment provided in or in connection with the building or extension which will assist the responsible person to operate and maintain the building or extension with reasonable safety;

b

a “relevant building” is a building to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of building work;

c

a “relevant change of use” is a material change of use where, after the change of use takes place, the Regulatory Reform (Fire Safety) Order 2005 will apply, or continue to apply, to the building; and

d

“responsible person” has the meaning given by article 3 of the Regulatory Reform (Fire Safety) Order 2005.

Information about ventilation39

1

This regulation applies where paragraph F1(1) of Schedule 1 imposes a requirement in relation to building work.

2

The person carrying out the work shall not later than five days after the work has been completed give sufficient information to the owner about the building's ventilation system and its maintenance requirements so that the ventilation system can be operated in such a manner as to provide adequate means of ventilation.

Information about use of fuel and power40

1

This regulation applies where paragraph L1 of Schedule 1 imposes a requirement in relation to building work.

2

The person carrying out the work shall not later than five days after the work has been completed provide to the owner sufficient information about the building, the fixed building services and their maintenance requirements so that the building can be operated in such a manner as to use no more fuel and power than is reasonable in the circumstances.

PART 9Testing and Commissioning

Sound insulation testingC1C1241

1

Subject to paragraph (4) below, this regulation applies to—

a

building work in relation to which paragraph E1 of Schedule 1 imposes a requirement; and

b

work which is required to be carried out to a building to ensure that it complies with paragraph E1 of Schedule 1 by virtue of regulation 6(1)(f) or 6(2)(b).

2

Where this regulation applies, the person carrying out the work shall, for the purpose of ensuring compliance with paragraph E1 of Schedule 1—

a

ensure that appropriate sound insulation testing is carried out in accordance with a procedure approved by the Secretary of State; and

b

give a copy of the results of the testing referred to in sub-paragraph (a) to the local authority.

3

The results of the testing referred to in paragraph (2)(a) shall be—

a

recorded in a manner approved by the Secretary of State; and

b

given to the local authority in accordance with paragraph (2)(b) not later than the date on which the notice required by regulation 16(4) is given.

4

Where building work consists of the erection of a dwelling-house or a building containing flats, this regulation does not apply to any part of the building in relation to which the person carrying out the building work notifies the local authority, not later than the date on which notice of commencement of the work is given under regulation 16(1), that, for the purpose of achieving compliance of the work with paragraph E1 of Schedule 1, the person is using one or more design details approved by Robust Details LimitedM14, provided that—

a

the notification specifies—

i

the part or parts of the building in respect of which the person is using the design detail;

ii

the design detail concerned; and

iii

the unique number issued by Robust Details Limited in respect of the specified use of that design detail; and

b

the building work carried out in respect of the part or parts of the building identified in the notification is in accordance with the design detail specified in the notification.

Mechanical ventilation air flow rate testingC1342

1

This regulation applies where paragraph F1(1) of Schedule 1 imposes a requirement in relation to the creation of a new dwelling by building work.

2

The person carrying out the work shall, for the purpose of ensuring compliance with paragraph F1(1) of Schedule 1—

a

ensure that testing of the mechanical ventilation air flow rate is carried out in accordance with a procedure approved by the Secretary of State; and

b

give notice of the results of the testing to the local 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 local authority not later than five days after the final test is carried out.

Pressure testingC1443

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 F239F79and 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 local 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 local authority not later than seven days after the final test is carried out.

4

A local 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 F106F105... F88F87, the Independent Air Tightness Testing Scheme LimitedF56F20or 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.

CommissioningC15C244

1

This regulation applies to building work in relation to which paragraph F1(2) of Schedule 1 imposes a requirement, but does not apply to the provision or extension of any fixed system for mechanical ventilation or any associated controls where testing and adjustment is not possible.

2

This regulation also applies to building work in relation to which paragraph L1(b) of Schedule 1 imposes a requirement, but does not apply to the provision or extension of any fixed building service where testing and adjustment is not possible or would not affect the energy efficiency of that fixed building service.

3

Where this regulation applies the person carrying out the work shall, for the purpose of ensuring compliance with paragraph F1(2) or L1(b) of Schedule 1, give to the local authority a notice confirming that the fixed building services have been commissioned in accordance with a procedure approved by the Secretary of State.

4

The notice shall be given to the local authority—

a

not later than the date on which the notice required by regulation 16(4) is required to be given; or

b

where that regulation does not apply, not more than 30 days after completion of the work.

F149F145PART 9APhysical infrastructure for high speed electronic communications networks

Annotations:
Amendments (Textual)
F149

Pt. 9A inserted (with s. 44A(1)(2) and without s. 44B(a)(iii) and word) (E., but only in relation to excepted energy buildings in W.) (9.5.2016) by The Building (Amendment) Regulations 2016 (S.I. 2016/490), regs. 1(4), 2(4) (with regs. 1(3), 3) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F145

Pt. 9A inserted (W. but not in relation to excepted energy buildings) (8.4.2016) by The Building (Amendment) (Wales) Regulations 2016 (S.I. 2016/361), regs. 1(4), 2(4) (with regs. 1(3), 3)

Application of paragraph R1 of Schedule 1 to educational buildings, buildings of statutory undertakers and Crown buildingsE11F14944A

1

The requirements of paragraph R1 (in-building physical infrastructure for high-speed electronic communications networks) of Schedule 1 apply (insofar as applicable to other buildings) also to—

a

educational buildings and buildings of statutory undertakers (notwithstanding section 4(1) of the Act);

b

Crown buildings; and

c

building work carried out or proposed to be carried out by Crown authorities.

2

In this regulation “educational buildings and buildings of statutory undertakers” means buildings that fall within paragraphs (a), (b) or (c) of section 4(1) of the Act

Annotations:
Extent Information
E11

This version of this provision applies to England only; a separate version has been created for Wales only

F250Application of paragraph R1 of Schedule 1 to educational buildings, buildings of statutory undertakers and Crown buildingsE12F25144A

The requirements of paragraph R1 (in-building physical infrastructure for high-speed electronic communications networks) of Schedule 1 apply to—

a

educational buildings and buildings of statutory undertakers, falling within paragraphs (a), (b) or (c) of section 4(1) of the Act (notwithstanding section 4(1) of the Act);

b

Crown buildings; and

c

building work carried out or proposed to be carried out by Crown authorities.

Exemptions from paragraph R1 of Schedule 144B

The requirements of paragraph R1 (in-building physical infrastructure for high-speed electronic communications networks) of Schedule 1 do not apply to the following types of building or building work—

a

buildings which are—

i

listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990, F240F149or

ii

in a conservation area designated in accordance with section 69 of that Act, F241F149or

iii

included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979,

where compliance with paragraph R1 of Schedule 1 would unacceptably alter their character or appearance;

b

buildings—

i

occupied by the Ministry of Defence or the armed forces of the Crown, or

ii

otherwise occupied for purposes connected to national security;

c

buildings situated in isolated areas where the prospect of high-speed connection is considered too remote to justify equipping the building with high-speed ready in-building physical infrastructure or an access point;

d

major renovation works in cases in which the cost of compliance with paragraph R1 of Schedule 1 would be disproportionate to the benefit gained.

Interpretation of Part R of Schedule 144C

In Part R of Schedule 1—

  • “access point” means a physical point, located inside or outside the building, accessible to undertakings providing or authorised to provide public communications networks, where connection to the high-speed ready in-building physical infrastructure is made available;

  • “high-speed electronic communications network” means an electronic communications network which is capable of delivering broadband access services at speeds of at least 30 Mbps;

  • “high-speed ready in-building physical infrastructure” means in-building physical infrastructure intended to host elements, or enable delivery, of high-speed electronic communications networks;

  • “in-building physical infrastructure” means physical infrastructure or installations at the end-user’s location, including elements under joint ownership, intended to host wired or wireless access networks, where such access networks are capable of delivering electronic communications services and connecting the building access point with the network termination point;

  • “major renovation works” means works at the end-user’s location encompassing structural modifications of the entire in-building physical infrastructure, or of a significant part of it;

  • “network termination point” means a physical point at which an occupier is provided with access to high-speed electronic communications networks.

PART 10Miscellaneous

Testing of building work45

The local authority may make such tests of any building work as may be necessary to establish whether it complies with regulation 7 or any of the applicable requirements contained in Schedule 1.

Sampling of material46

The local authority may take such samples of the material to be used in the carrying out of building work as may be necessary to enable them to ascertain whether such materials comply with the provisions of these Regulations.

Contravention of certain regulations not to be an offenceF242F2147

The following regulations are designated as provisions to which section 35 of the Act (penalty for contravening building regulations) does not apply—

a

regulations 17, 17A, 25A, 27, F242F8027A,F242F143... 37, 41, 42, 43 and 44; and

b

regulations 23, 25B and 26, in so far as these Regulations apply to Crown buildings or to building work carried out or proposed to be carried out by Crown authorities.

Electronic service of documents48

1

Section 94A of the Act M15 (electronic service of documents) shall have effect as if the following documents were documents mentioned in subsection (7) of that section—

a

a building notice and any accompanying statement, description, particulars or plan under regulation 13;

b

full plans and any accompanying statement under regulation 14;

c

a notice under regulation 16;

d

a completion certificate under regulation 17 F57F22or regulation 17A;

e

an application for a regularisation certificate under regulation 18(2);

f

a regularisation certificate under regulation 18(5);

g

a certificate or notice under regulation 20;

F58F23ga

a notice under regulation 25A;

h

a notice under regulation 27(2) or (3);

F144F195i

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F144F195j

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

k

a notice under regulation 37(1);

l

results of sound insulation testing under regulation 41(2)(b);

m

a notice under regulation 42(2)(b);

n

a notice of the results of pressure testing under regulation 43(2)(b);

o

a notice under regulation 44(3).

2

Where full plans are deposited by means of an electronic communication in accordance with section 94A of the Act, regulation 14 shall apply as if—

a

sub-paragraph (a) of paragraph (2) were omitted;

b

in sub-paragraph (b) of that paragraph—

i

the words “ a copy ” were substituted for the words “an additional two copies”;

ii

the word “ and ” was substituted for the words “, both of which”;

c

in paragraph (6) the words “ a copy ” were substituted for the words “additional copies”.

Transitional provisions: interpretation49

In regulations 50 to 53—

  • “the 2009 Regulations” means the Building (Amendment No. 2) Regulations 2009 M16;

  • F3...

Transitional provisions: work already started before 1st October50

1

Subject to paragraph (2), where before 1st October 2010 building work is started in accordance with—

a

a building notice given to, or full plans deposited with, a local authority under regulation 12(2A) of the Building Regulations 2000 M17 (giving of a building notice or deposit of plans) and a notice given to the local authority under regulation 15(1) of those Regulations M18 (notice of commencement and completion of certain stages of work);

b

an initial notice or an amendment notice given in accordance with section 47(1) (giving and acceptance of initial notice) or 51A(2) of the Act M19 (variation of work to which initial notice relates);

c

a public body's notice given in accordance with section 54 (giving, acceptance and effect of public body's notice) of the Act,

the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to that building work.

2

Where before 1st October 2010 building work is started in accordance with an initial notice which is varied by an amendment notice given on or after that date, the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to so much of the building work as could have been carried out under that initial notice if the amendment notice had not been given.

3

Where before 1st October 2010 building work is started to which regulation 12(5)(a) or (b) M20 of the Building Regulations applies, the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to that building work.

Transitional provisions: work for which notification is not required51

Where before 1st October 2010 a contract is entered into for the provision of building work to which regulation 12(5)(a) or (b) of the Building Regulations 2000 applies, the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to that work.

Transitional provisions: notice given or plans deposited before 1st October 201052

1

Subject to paragraph (2), the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply in relation to building work where—

a

before 1st October 2010 a building notice, an initial notice, a plans certificate, an amendment notice or a public body's notice has been given to, or full plans deposited with, a local authority; and

b

the work is carried out or is to be carried out in accordance with any such notice or plans, whether with or without any departure from such plans,

provided that the work is started before 1st October 2011.

2

Where an initial notice given before 1st October 2010 is varied by an amendment notice given on or after that date, the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to so much of the building work as could have been carried out under that initial notice if the amendment notice had not been given, provided that the work is started before 1st October 2011.

Transitional and saving provisions: earlier Building Regulations53

1

If immediately before 1st October 2010 any of the transitional provisions listed in paragraph (2) applied in relation to building work, the Regulations specified in Schedule 5 shall continue to apply in relation to that building work in accordance with that provision as if these Regulations had not been made.

2

The provisions are—

regulation 4 of the Building (Amendment) Regulations 2001 M21; regulation 3 of the Building (Amendment) Regulations 2002 M22; regulations 3 and 4 of the Building (Amendment) (No. 2) Regulations 2002 M23; regulation 3 of the Building (Amendment) Regulations 2003 M24; regulation 3 of the Building (Amendment) Regulations 2004 M25; regulation 3 of the Building (Amendment) (No. 3) Regulations 2004 M26; regulations 29 to 34 of the Building and Approved Inspectors (Amendment) Regulations 2006 M27 in so far as they relate to the Building Regulations 2000; regulation 4 of the Building and Approved Inspectors (Amendment) (No. 2) Regulations 2006 M28 in so far as it relates to the Building Regulations 2000; regulation 4 of the Building and Approved Inspectors (Amendment) Regulations 2007 M29 in so far as it relates to the Building Regulations 2000; regulations 4 to 8 of the Building and Approved Inspectors (Amendment) Regulations 2009 M30 in so far as they relate to the Building Regulations 2000.

3

Regulation 22A of the Building Regulations 2000 M31 (time limit for prosecution for contravention of certain regulations) shall continue to have effect in relation to contraventions of building regulations committed before 22nd September 2008 as if the 2009 Regulations had not been made.

4

If immediately before 1st October 2010 regulation 23 of the Building Regulations 2000 applied in relation to building work, the Regulations specified in Schedule 3 to those Regulations shall continue to apply in relation to that building work in accordance with that transitional provision as if these Regulations had not been made.

Revocations and consequential amendments54

F241

The Regulations specified in the first column of the table in Schedule 5 are revoked to the extent specified in relation to each in the third column of that table.

F252

Schedule 6, which contains consequential amendments to the Building (Local Authority Charges) Regulations 2010M32 and the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007M33, has effect.

F150Review of Part 9A and Part R of Schedule 155

1

Before the end of each review period the Secretary of State must—

a

carry out a review of Part 9A and Part R of Schedule 1; and

b

publish a report setting out the conclusions of the review.

2

In carrying out the review the Secretary of State must have regard to how Article 8 (in-building physical infrastructure) of Directive 2014/61/EU of the European Parliament and of the Council on measures to reduce the cost of deploying high-speed electronic communications networks is implemented in other Member States of the European Union.

3

The report must in particular—

a

set out the objectives intended to be achieved by the regulatory provision in Part 9A and Part R of Schedule 1;

b

assess the extent to which those objectives have been achieved;

c

assess whether those objectives remain appropriate; and

d

if those objectives remain appropriate, assess the extent to which they could be achieved in another way that imposes less onerous regulatory provision.

4

In this regulation, “review period” means—

a

the period of five years beginning on the 9th May 2016; and

b

subject to paragraph (5), each successive period of five years.

5

If a report under this regulation is published before the last day of the review period to which it relates, the next review period will begin with the day on which that report is published.

Signed by authority of the Secretary of State

Andrew StunellParliamentary Under Secretary of StateDepartment for Communities and Local Government