The Building Regulations 2010

PART 7 E+W Water Efficiency

Water efficiency of new dwellings E

[F1 36.— (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).]

Extent Information

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

Textual Amendments

F1 Reg. 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]

Water efficiency of new dwellings W

[F5 36.— (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.]

Extent Information

E3 This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F5 Reg. 36 substituted (W.) (1.11.2018) by The Building (Amendment) (Wales) Regulations 2018 (S.I. 2018/552), regs. 1(3), 3(1) (with reg. 6)

Wholesome water consumption calculation E

[F2 37.— (1) Where regulation 36 applies, the person carrying out the work must give the [F3 building control 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.]

[F4 (2) The person carrying out the work must—

(a) where the dwelling is within a higher-risk building, ensure the notice accompanies the application for a completion certificate in relation to the work;

(b) in any other case, give the notice to the building control authority not later than five days after the work has been completed.

(3) Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.]

Extent Information

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

Textual Amendments

F2 Reg. 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]

F3 Words in reg. 37(1) substituted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 7(15)(a) (with regs. 22-24)

F4 Reg. 37(2)(3) substituted for reg. 37(2) (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 7(15)(b) (with regs. 22-24)

Modifications etc. (not altering text)

C1 Reg. 37 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1)(4)

C2 Reg. 37 modified (E.) (6.4.2024) by The Building (Registered Building Control Approvers etc.) (England) Regulations 2024 (S.I. 2024/110), regs. 1(3), 5(7) (with regs. 44-47)

Wholesome water consumption calculation W

[F6 37.— (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.

Extent Information

E4 This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F6 Reg. 37(1) substituted (W.) (1.11.2018) by The Building (Amendment) (Wales) Regulations 2018 (S.I. 2018/552), regs. 1(3), 3(2) (with reg. 6)