PART 9E+WTesting and Commissioning

Sound insulation testingE

41.—(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 [F1building control 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

[F2(b)given—

(i)in the case where the building work is higher-risk building work, to the regulator with the application for a completion certificate in relation to the work;

(ii)in any other case, to the building control authority not later than the date on which the notice required by regulation 16(4) is given.]

[F3(3A) 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 results of testing it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.]

(4) [F4Where 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 building control authority—

(i)in the case of building work which is higher-risk building work, not later than the date on which the application for building control approval for the work is submitted,

(ii)in any other case, not later than the date on which notice of intention to start work is given under regulation 16(1),

that, for the purposes 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 Limited, 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.

Extent Information

E1This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

Modifications etc. (not altering text)

Sound insulation testingW

41.—(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 Limited, 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.

Extent Information

E5This version of this provision applies to Wales only; a separate version has been created for England only

Mechanical ventilation air flow rate testingE

42.—(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 [F5building control 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 [F6building control authority] not later than five days after the final test is carried out.

[F7(4) 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

E2This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

Modifications etc. (not altering text)

C3Reg. 42 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1) (as amended (8.6.2018) by S.I. 2018/558, regs. 1(2), 21 (with reg. 29))

Mechanical ventilation air flow rate testingW

42.—[F25(1) This regulation applies where paragraph F1(1) of Schedule 1 imposes a requirement in relation to—

(a)the creation of a new dwelling by building work; or

(b)an existing dwelling which undergoes building work for the provision or extension of any fixed building system for mechanical ventilation.

(1A) Paragraph (1)(b) excludes building work to which Schedule 4 applies.]

(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 [F26, other than when Schedules 3 or 4 apply.]

(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.

Textual Amendments

F26Words in reg. 42(2)(b) substituted for full stop (W.) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 13(b) (with reg. 21)

Pressure testingE+W

43.—(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 F8[F9and 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 [F10local authority] [F10building control 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 [F11local authority] [F11building control authority] not later than seven days after the final test is carried out.

(4) A [F12local authority] [F12building control 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 F13F14... F15[F16Elmhurst Energy Systems Limited] F17[F18or 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.

[F19(6) 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 or certificate it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.]

Textual Amendments

F8Words “and regulation 26A” in reg. 43(2) 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), 10 (with reg. 29)

F9Words in reg. 43(2) inserted (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(7) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F13Words in reg. 43(4) omitted (W. for remaining purposes) (31.12.2015) by virtue of The Building (Amendment) (Wales) Regulations 2015 (S.I. 2015/1486), regs. 1(3)(b), 4(b) (with reg. 1(2))

F14Words in reg. 43(4) omitted (E., but only in relation to excepted energy buildings in W.) (31.12.2015) by virtue of The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(c), 2(10)(b) (with reg. 1(3))

F17Words in reg. 43(4) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 21 (with reg. 1(2)(3))

F18Words in reg. 43(4) 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. 24, Sch. 1 (with regs. 1(3), 45-47)

Modifications etc. (not altering text)

C4Reg. 43 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1) as amended (W.) (25.4.2024) by S.I. 2024/447, regs. 1(1), 3(h) (with reg. 6))

CommissioningE

44.—(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 [F20building control authority] a notice confirming that the fixed building services have been commissioned in accordance with a procedure approved by the Secretary of State.

[F21(4) The notice must be given—

(a)in the case where the building work is higher-risk building work for which an application for a completion certificate is required, to the regulator with the application;

(b)in any other case, to the building control authority—

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

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

(5) 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

E3This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

Modifications etc. (not altering text)

C5Reg. 44 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1) (as amended (8.6.2018) by S.I. 2018/558, regs. 1(2), 21 (with reg. 29))

CommissioningW

44.—(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.

[F22Commissioning in respect of a system for on-site electricity generationE

44ZA.—(1) This regulation applies to building work in respect of a building in relation to which paragraph L2 of Schedule 1 imposes a requirement, but does not apply to the provision or extension of any system for on-site electricity generation where testing and adjustment is not possible.

(2) Where this regulation applies the person carrying out the work must, for the purpose of ensuring compliance with paragraph L2 of Schedule 1, give to the [F23building control authority] a notice confirming that the system for on-site electricity generation has been commissioned.

[F24(3) The notice must be given—

(a)in the case where the building work is higher-risk building work for which an application for a completion certificate is required, to the regulator with the application;

(b)in any other case, to the building control authority—

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

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

(4) 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

E4This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

Modifications etc. (not altering text)

C7Reg. 44ZA applied (with modifications) by S.I. 2010/2215, reg. 20(1)(6A) (as inserted (E.) (15.6.2022) by The Building Regulations etc. (Amendment) (England) Regulations 2021 (S.I. 2021/1391), regs. 1(1), 16 (with regs. 1(2), 17)) (as amended (5.6.2023) by S.I. 2023/520, regs. 1(2), 3)

[F27Commissioning in respect of a system for on-site electricity generationW

44ZA.—(1) This regulation applies to building work in respect of a building in relation to which paragraph L2 of Schedule 1 imposes a requirement, but does not apply to the provision or extension of any system for on-site electricity generation where testing and adjustment is not possible.

(2) Where this regulation applies the person carrying out the work must, for the purpose of ensuring compliance with paragraph L2 of Schedule 1, give to the local authority a notice confirming that the system for on-site electricity generation has been commissioned.

(3) The notice must 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.]

Textual Amendments