The Building Regulations 2010

PART 10 E+W Miscellaneous

Testing of building work E+W

[F1 45.   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.]

Textual Amendments

F1 Reg. 45 omitted (E.) (1.10.2023) by virtue of The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 14(2) (with regs. 22-24)

Sampling of material E+W

[F2 46.   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.]

Textual Amendments

F2 Reg. 46 omitted (E.) (1.10.2023) by virtue of The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 14(2) (with regs. 22-24)

[F3 Lapse of building control approval: commencement of work E+W

46A.— (1) For the purposes of section 32(6) of the Act (lapse of building control approval) work is to be regarded as commenced in accordance with the following paragraphs.

(2) Where the work consists of the construction of a complex building, work is to be regarded as commenced in relation to that building or the first stage of building work for that building when the foundations supporting the building and the structure of the lowest floor level of that building (but not the other buildings or structures to be supported by those foundations) are completed.

(3) Where the work consists of—

(a) the construction of a building and paragraph (2) does not apply; or

(b) horizontal extension of a building,

work is to be regarded as commenced when the sub-surface structure of the building or the extension including all foundations, any basement level (if any) and the structure of ground floor level is completed.

(4) Where the work consists of any other building work then work is to be regarded as commenced, where a statement under—

(a) regulation 14(1)(f)(vii), or

(b) regulation 12(1)(e)(viii) of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023,

sets outs details of the work which the client considers amounts to 15% of the proposed work, when the work detailed in the statement is completed.

(5) In this regulation—

“approved plans” means plans which were part of or accompanied the application for building control approval with full plans of the building work and which was granted building control approval, or plans approved under a requirement imposed on such an approval;

“complex building” means—

(a)

a building which is to be constructed on the same foundation plinth or podium as any other building or structure;

(b)

a building which has more than one storey below ground level;

(c)

a building where it is proposed use is primarily as a public building where the public or a section of the public has access to the building (whether or not on payment) provided that the building has a capacity for 100 or more visitors;

“public building” means—

(a)

a shop or shopping centre,

(b)

premises where food or drink are sold for consumption on the premises, including a nightclub, social club or dance hall;

(c)

a stadium, theatre, cinema, concert hall;

(d)

a sports ground;

(e)

an exhibition hall or conference centre;

(f)

a hospital or premises for the provision of health care.]

Textual Amendments

F3 Reg. 46A inserted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 15(2) (with regs. 22-24)

Modifications etc. (not altering text)

C1 Reg. 46A applied (1.10.2023) by The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (S.I. 2023/909), regs. 1(1), 9(11) (with Sch. 3 Pt. 1)

C2 Reg. 46A applied (1.10.2023) by The Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 (S.I. 2023/909), regs. 1(1), 17(11) (with Sch. 3 Pt. 1)

Contravention of certain regulations not to be an offence E

[F4 47.   The following regulations are designated as provisions to which section 35 of the Act (penalty for contravening building regulations) does not apply—

[F5 (a) (i) regulation 14A (determination of applications for building control approval with full plans),

(ii) regulation 15A (consultation in relation fire safety),

(iii) regulation 16(3D) [F6 and (3E)] (notice as to commencement of work),

(iv) regulation 17 (completion certificates),

(v) regulation 17A (certificate for building occupied before work is completed),

(vi) regulation 18(6A) [F7 (unauthorised building work)],

(vii) regulation 18E(8) and (12) (appeals under section 101A of the Act),

(viii) regulation 19C(2) (regulator’s notices: grounds for rejection),

(ix) regulation 19E (regulator’s notices: direction),

(x) regulation 20(6A) (provisions applicable to self-certification schemes),

(xi) regulation 20A(7A) (provisions applicable to third party certification schemes),

(xii) regulation 25A(3A) (consideration of high-efficiency alternative systems for new buildings),

(xiii) regulation 27(4A) (CO₂ emission rate calculations),

(xiv) regulation 27A(4A) (fabric energy efficiency rate calculations),

(xv) regulation 27C(4A) (target primary energy rate calculations for new buildings),

(xvi) regulation 37(3) (wholesome water consumption calculation),

(xvii) regulation 41(3A) (sound insulation testing),

(xviii) regulation 42(4) (mechanical ventilation air flow rate testing),

(xix) regulation 43(6) (pressure testing),

(xx) regulation 44(5) (commissioning),

(xxi) regulation 44ZA(4) (commissioning in respect of a system for on-site electricity generation),

(xxii) regulation 47B (compliance notices: contents),

(xxiii) regulation 47C (stop notices: contents),

(xxiv) regulation 47D(3) (compliance and stop notices: notification),

(xxv) regulation 47E(2) (compliance and stop notices: withdrawal), 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.]

Extent Information

E1 This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F4 Reg. 47 substituted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 25, Sch. 1 (with regs. 1(3), 45-47) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F5 Reg. 47(a) substituted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 16(1) (with regs. 22-24)

F6 Words in reg. 47(a)(iii) inserted (E.) (6.4.2024) by The Building (Registered Building Control Approvers etc.) (England) Regulations 2024 (S.I. 2024/110), regs. 1(3), 38(6)(a)

F7 Words in reg. 47(a)(vi) substituted (E.) (6.4.2024) by The Building (Registered Building Control Approvers etc.) (England) Regulations 2024 (S.I. 2024/110), regs. 1(3), 38(6)(b)

Contravention of certain regulations not to be an offence W

[F24 47.   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, [F24 27A,] ... 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.]

Extent Information

E2 This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F24 Reg. 47 substituted (with corresponding changes to match the changes made for E. by S.I. 2012/3119, reg. 25, S.I. 2014/579, reg. 2(8) and S.I. 2016/285, reg. 2(17)) (W.) (1.11.2018) by The Building (Amendment) (Wales) Regulations 2018 (S.I. 2018/552), regs. 1(3), 4 (with reg. 6)

[F8 Compliance notices: excluded provisions E+W

47A.   The following provisions of these Regulations are prescribed for the purposes of section 35B(7)(a) of the Act as provisions in relation to which a compliance notice may not be given—

(a) regulation 14A (determination of applications for building control approval with full plans),

(b) regulation 15A (consultation in relation fire safety),

(c) regulation 16(3D) [F9 and (3E)] (notice as to commencement of work),

(d) regulation 17 (completion certificates),

(e) regulation 17A (certificate for building occupied before work is completed),

(f) regulation 18(6A) [F10 (unauthorised building work)],

(g) regulation 18E(8) and (12) (appeals under section 101A of the Act),

(h) regulation 19C(2) (regulator’s notices: grounds for rejection),

(i) regulation 19E (regulator’s notices: direction),

(j) regulation 20(6A) (provisions applicable to self-certification schemes),

(k) regulation 20A(7A) (provisions applicable to third party certification schemes),

(l) regulation 25A(3A) (consideration of high-efficiency alternative systems for new buildings),

(m) regulation 27(4A) (CO₂ emission rate calculations),

(n) regulation 27A(4A) (fabric energy efficiency rate calculations),

(o) regulation 27C(4A) (target primary energy rate calculations for new buildings),

(p) regulation 37(3) (wholesome water consumption calculation),

(q) regulation 41(3A) (sound insulation testing),

(r) regulation 42(4) (mechanical ventilation air flow rate testing),

(s) regulation 43(6) (pressure testing),

(t) regulation 44(5) (commissioning),

(u) regulation 44ZA(4) (commissioning in respect of a system for on-site electricity generation),

(v) regulation 47B (compliance notices: contents),

(w) regulation 47C (stop notices: contents),

(x) regulation 47D(3) (compliance and stop notices: notification),

(y) regulation 47E(2) (compliance and stop notices: withdrawal).

Textual Amendments

F8 Regs. 47A-47H inserted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 16(2) (with regs. 22-24)

F9 Words in reg. 47A(c) inserted (6.4.2024) by The Building (Registered Building Control Approvers etc.) (England) Regulations 2024 (S.I. 2024/110), regs. 1(3), 38(7)(a)

F10 Words in reg. 47A(f) substituted (6.4.2024) by The Building (Registered Building Control Approvers etc.) (England) Regulations 2024 (S.I. 2024/110), regs. 1(3), 38(7)(b)

Compliance notices: contents E+W

47B.— (1) A compliance notice given by a building control authority must be in writing and state—

(a) that it is a compliance notice under section 35B of the Act;

(b) the date the notice is given;

(c) the name or description of the recipient; and

(d) the consequences of failing to comply with the notice.

(2) A compliance notice must additionally—

(a) describe the issue to which the notice relates;

(b) identify the provision of building regulations, or the requirement imposed by virtue of building regulations, to which the compliance notice relates;

(c) provide details of the nature of the contravention or likely contravention;

(d) state that the notice may be withdrawn by the building control authority;

(e) state that the recipient may apply to the First-tier Tribunal under section 39A(3) of the Act for an extension of the specified period for doing anything set out in the notice and state that any application must be made within 21 relevant days of the date the notice is given;

(f) state that the recipient may appeal to the First-tier Tribunal under section 39A(1) of the Act and state that any appeal must be made within 21 relevant days of the date the notice is given.

(3) A compliance notice must relate to no more than one contravention or likely contravention of building regulations or a requirement imposed by virtue of building regulations.

Textual Amendments

F8 Regs. 47A-47H inserted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 16(2) (with regs. 22-24)

Stop notices: contents E+W

47C.— (1) A stop notice given by a building control authority must be in writing and state—

(a) that it is a stop notice under section 35C(1)(a), 35C(1)(b) or, as the case may be, 35C(1)(c) of the Act;

(b) the date the notice is given and whether the notice applies immediately, or where it does not apply immediately, the date when it applies;

(c) the name or description of the recipient; and

(d) the consequences of failing to comply with the notice.

(2) A stop notice must additionally—

(a) describe the issue to which the notice relates;

(b) specify—

(i) in a case within section 35C(1)(a) of the Act, the provision of building regulations or requirement imposed by virtue of building regulations to which the stop notice relates;

(ii) in a case within section 35C(1)(b) of the Act, the compliance notice to which the stop notice relates;

(iii) in a case within section 35C(1)(c) of the Act, the provision of building regulations or requirement imposed by virtue of building regulations to which the stop notice relates;

(c) provide details of the nature of the contravention (including, in a case within section 35C(1)(c) of the Act, the nature of the serious harm that is anticipated);

(d) state that the recipient may appeal to the First-tier Tribunal under section 39A(5) of the Act and state that any appeal must be made within 21 relevant days of the date the notice is given; and

(e) state that the recipient may apply to the First-tier Tribunal under section 39A(6) of the Act for a direction.

(3) A stop notice must relate to—

(a) in a case within section 35C(1)(a) of the Act, no more than one contravention of a prescribed provision of building regulations or requirement imposed by virtue of such a provision;

(b) in a case within section 35C(1)(b) of the Act, no more than one compliance notice;

(c) in a case within section 35C(1)(c) of the Act, no more than one contravention of a provision of building regulations or a requirement imposed by virtue of such a provision.

Textual Amendments

F8 Regs. 47A-47H inserted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 16(2) (with regs. 22-24)

Compliance notices and stop notices: giving of notices and notification of others E+W

47D.— (1) Paragraph (2) applies where a compliance notice under section 35B of the Act or a stop notice under section 35C(1) of the Act is to be given in relation to work on a site or premises and another form of service under section 94(1) of the Act is not appropriate.

(2) Where, after reasonable inquiries, the building control authority is satisfied that there is no one to whom a compliance notice or stop notice can be delivered, the notice, or a copy of it, may be affixed to a conspicuous part of the site or premises where the work to which the notice relates is carried out.

(3) Where a building control authority gives a compliance notice or stop notice, the authority must take reasonable steps to notify the following persons as to the giving of the notice—

(a) the client, the principal contractor (or sole contractor) and the principal designer (or sole or lead designer) for the work to which the notice relates;

(b) where the regulator is the building control authority, the local authority for the area in which the building is situated or the proposed building is to be situated;

(c) where the notice relates to a contravention of Part B of Schedule 1 in relation to a building to which the Regulatory Reform (Fire Safety) Order 2005 applies or will apply after completion of the work, the enforcing authority (within the meaning of article 25 of that Order) for the building or the proposed building;

(d) where the client is—

(i) in relation to any work, a private registered provider of social housing,

(ii) in relation to work other than the erection of a new building, any other registered provider of social housing,

the Regulator of Social Housing;

(e) where the client is a landlord in relation to any dwelling contained in the building, the local housing authority for the area in which the building is located; and

(f) where the notice relates to work to an existing higher-risk building, the accountable person who is responsible for the part of the building where the work is carried out.

(4) In this regulation—

“accountable person” has the meaning in given in section 72 of the Building Safety Act 2022;

“the Regulator of Social Housing” is the body established under section 80A of the Housing and Regeneration Act 2008.

Textual Amendments

F8 Regs. 47A-47H inserted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 16(2) (with regs. 22-24)

Compliance and stop notices: withdrawal E+W

47E.— (1) A building control authority may withdraw a compliance notice or stop notice.

(2) Where a building control authority withdraws a compliance notice or stop notice it must as soon as reasonably practicable give the recipient a notice in writing to that effect.

Textual Amendments

F8 Regs. 47A-47H inserted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 16(2) (with regs. 22-24)

Appeal to the First-tier Tribunal in relation to a compliance notice or stop notice E+W

47F.— (1) An appeal to the First-tier Tribunal under section 39A(1) or (5) of the Act must be made by the relevant date.

(2) The First-tier Tribunal may allow an appeal referred to in paragraph (1) only if it is satisfied that the giving of the compliance notice or stop notice in question was wrong on one or more of the following grounds—

(a) that the notice was given based on an error of fact;

(b) that the giving of the notice was wrong in law;

(c) that the giving of the notice was unreasonable;

(d) that the notice was given without following the procedures set out in the Act or regulations made under that Act (except regulation 47D(3)).

(3) If the First-tier Tribunal allows an appeal referred to in paragraph (1) it may quash or vary the compliance notice or stop notice.

(4) In this regulation the “relevant date” is—

(a) in the case of an appeal under section 39A(1), within 21 relevant days beginning with the date the compliance notice is given; and

(b) in the case of an appeal under section 39A(5), within 21 relevant days beginning with the date the stop notice is given.

Textual Amendments

F8 Regs. 47A-47H inserted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 16(2) (with regs. 22-24)

Application to the First-tier Tribunal in relation to extension of the specified period in a compliance notice E+W

47G.— (1) An application to the First-tier Tribunal under section 39A(3) of the Act in relation to a compliance notice must made within 21 relevant days beginning with the date the compliance notice is given.

(2) In deciding the question set out in an application under section 39A(3) of the Act the First-tier Tribunal must consider whether the recipient of the notice has demonstrated they are unable to comply within the specified period and it is reasonable to extend it.

Textual Amendments

F8 Regs. 47A-47H inserted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 16(2) (with regs. 22-24)

Application to the First-tier Tribunal for a direction in relation to a stop notice E+W

47H.   In deciding the question set out in an application to the First-tier Tribunal under section 39A(6) of the Act in relation to a stop notice, the First-tier Tribunal must consider whether it is fair and proportionate, having regard to any representations made, to give the direction.]

Textual Amendments

F8 Regs. 47A-47H inserted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 16(2) (with regs. 22-24)

Electronic service of documents E+W

[F11 48.— (1) Section 94A of the Act M1 (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 F12 [F13 or 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;

F14 [F15 (ga) a notice under regulation 25A;]

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

F16 F17 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F16 F17 (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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”.]

Textual Amendments

F11 Reg. 48 omitted (E.) (1.10.2023) by virtue of The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 17(2) (with regs. 22-24)

F12 Words in reg. 48(1)(d) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 23(a) (with reg. 1(2)(3))

F13 Words in reg. 48(1)(d) inserted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 26(a), Sch. 1 (with regs. 1(3), 45-47)

F14 Reg. 48(1)(ga) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 23(b) (with reg. 1(2)(3))

F15 Reg. 48(1)(ga) inserted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 26(b), Sch. 1 (with regs. 1(3), 45-47)

F16 Reg. 48(1)(i)(j) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(18) (with reg. 1(3))

F17 Reg. 48(1)(i)(j) omitted (W. for remaining purposes) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(21) (with reg. 1(3))

Marginal Citations

M1 Section 94A was inserted by S.I. 2008/2334.

Transitional provisions: interpretation E+W

49.  In regulations 50 to 53—

“the 2009 Regulations” means the Building (Amendment No. 2) Regulations 2009 M2 ;

F18 ...

Textual Amendments

F18 Words in reg. 49 omitted (15.7.2011) by virtue of The Building (Amendment) Regulations 2011 (S.I. 2011/1515), regs. 1(2), 3(4)

Marginal Citations

M2 S.I. 2009/2397 amended by S.I. 2009/2465 and 2010/719.

Transitional provisions: work already started before 1st October E+W

50.—(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 M3 (giving of a building notice or deposit of plans) and a notice given to the local authority under regulation 15(1) of those Regulations M4 (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 M5 (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) M6 of the Building Regulations applies, the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to that building work.

Marginal Citations

M3 S.I. 2000/2531; regulation 12(2A) was inserted by S.I. 2006/652.

M4 Regulation 15(1) was amended by S.I. 2002/440 and 2006/652.

M5 Section 47(1) was amended by section 8 of the Sustainable and Secure Buildings Act 2004 (c.22) and S.I. 1996/1905. Section 51A(2) was inserted by S.I. 1996/1905.

M6 Regulation 12(5) was substituted by S.I. 2004/3210 and amended by S.I. 2008/671.

Transitional provisions: work for which notification is not required E+W

51.  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 2010 E+W

52.—(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 Regulations E+W

53.—(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 M7 ; regulation 3 of the Building (Amendment) Regulations 2002 M8 ; regulations 3 and 4 of the Building (Amendment) (No. 2) Regulations 2002 M9 ; regulation 3 of the Building (Amendment) Regulations 2003 M10 ; regulation 3 of the Building (Amendment) Regulations 2004 M11 ; regulation 3 of the Building (Amendment) (No. 3) Regulations 2004 M12 ; regulations 29 to 34 of the Building and Approved Inspectors (Amendment) Regulations 2006 M13 in so far as they relate to the Building Regulations 2000; regulation 4 of the Building and Approved Inspectors (Amendment) (No. 2) Regulations 2006 M14 in so far as it relates to the Building Regulations 2000; regulation 4 of the Building and Approved Inspectors (Amendment) Regulations 2007 M15 in so far as it relates to the Building Regulations 2000; regulations 4 to 8 of the Building and Approved Inspectors (Amendment) Regulations 2009 M16 in so far as they relate to the Building Regulations 2000.

(3) Regulation 22A of the Building Regulations 2000 M17 (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.

Marginal Citations

M7 S.I. 2001/3335.

M8 S.I. 2002/440.

M9 S.I. 2002/2871 amended by S.I. 2003/3133.

M10 S.I. 2003/2692.

M11 S.I. 2004/1465.

M12 S.I. 2004/3210.

M13 S.I. 2006/652.

M14 S.I. 2006/3318.

M15 S.I. 2007/3384.

M16 S.I. 2009/1219 amended by S.I. 2009/2465 and 2010/719.

M17 Regulation 22A was inserted by S.I. 2008/671 and is revoked by S.I. 2009/2397.

Revocations and consequential amendments E+W

54.— [F19 (1) 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.]

[F20 (2) Schedule 6, which contains consequential amendments to the Building (Local Authority Charges) Regulations 2010M18 and the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007M19 , has effect.]

Textual Amendments

F19 Reg. 54(1) revoked in part (9.1.2013) by The Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012/3118), reg. 1(4), Sch. 3 (with reg. 44)

F20 Reg. 54(2) revoked in part (9.1.2013) by The Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012/3118), reg. 1(4), Sch. 3 (with reg. 44)

Marginal Citations

M18 S.I. 2010/404.

M19 S.I. 2007/991.

[F21 Review of Part 9A and Part R of Schedule 1 E+W

55.— (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.

F22 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.]

Textual Amendments

F21 Reg. 55 added (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(5) (with reg. 1(3))

F22 Reg. 55(2) omitted (26.12.2022) by virtue of The Building etc. (Amendment) (England) (No. 2) Regulations 2022 (S.I. 2022/984), reg. 1(4), Sch. para. 7

[F23 Review of Part 9B and Part S of Schedule 1 E+W

56.— (1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision contained in Part 9B of, and Part S of Schedule 1 to, these Regulations; and

(b) publish a report setting out the conclusions of that review.

(2) The first report must be published before 15th June 2027.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);

(b) assess the extent to which those objectives are 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 which involves less onerous regulatory provision.

(5) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).]

Textual Amendments

F23 Reg. 56 inserted (E.) (15.6.2022) by The Building Regulations etc. (Amendment) (England) (No. 2) Regulations 2021 (S.I. 2021/1392), regs. 1(2), 2(4) (with regs. 1(4), 4)