36.—[F1(1) The potential consumption of wholesome water by persons occupying a dwelling to which this regulation applies must not exceed 125 litres per person per day, calculated in accordance with the methodology approved by the Welsh Ministers.
(2) This regulation applies to a dwelling which is—
(a)erected; or
(b)formed by a material change of use of a building within the meaning of regulation 5(a) or (b).]
[F2(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).]
Textual Amendments
F1Reg. 36 substituted (with a reference to "the methodology approved by the Welsh Ministers" rather than to "the methodology set out in the document “The Water Efficiency Calculator for New Dwellings”, published in September 2009 by the Department for Communities and Local Government") (W. in relation to excepted energy buildings) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 8(1) (with reg. 29)
F2Reg. 36 substituted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(8) (with regs. 1(3), 4) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]
37.—[F3(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 calculated in accordance with the methodology referred to in that regulation in relation to the completed dwelling.]
[F4(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.
Textual Amendments
F3Reg. 37(1) substituted (W. in relation to excepted energy buildings) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 8(2) (with reg. 29)
F4Reg. 37(1) substituted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(9) (with regs. 1(3), 4) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]
Modifications etc. (not altering text)
C1Reg. 37 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1)(4)
C2Reg. 37(2) modified (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(4)