The Building Regulations 2010

F1 [F2 PART 9A E+W [F3 Physical infrastructure for high speed electronic communications networks] [F3 Infrastructure for electronic communications]

Textual Amendments

F1 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]

F2 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)

F3 Pt. 9A heading substituted (E.) (26.12.2022) by The Building etc. (Amendment) (England) (No. 2) Regulations 2022 (S.I. 2022/984), reg. 1(4), Sch. para. 4 (with reg. 3)

[F4 Exemptions from paragraphs RA1 and RA2 of Schedule 1 E+W

44ZB.— (1) The requirements of paragraphs RA1 and RA2 of Schedule 1 (gigabit-ready physical infrastructure and connection to gigabit-capable network) do not apply to buildings—

(a) to be occupied by the Ministry of Defence or the armed forces of the Crown, or

(b) to be otherwise occupied for purposes connected to national security.

(2) The requirements of paragraph RA1 of Schedule 1 do not apply in relation to a building if all the following conditions are met—

(a) the building is situated in an area that is isolated from public electronic communications networks of any of the kinds mentioned in regulation 44ZC(2) or (3),

(b) paragraph RA2 of that Schedule does not apply because the case falls within regulation 44ZC(4), and

(c) the prospect of a connection with a network of any of the kinds mentioned in regulation 44ZC(2) or (3) is considered too remote to justify equipping the building with gigabit-ready physical infrastructure or an access point.

Textual Amendments

F4 Regs. 44ZB, 44ZC inserted (E.) (26.12.2022) by The Building etc. (Amendment) (England) (No. 2) Regulations 2022 (S.I. 2022/984), reg. 1(4), Sch. para. 5 (with reg. 3)

Cases in which paragraph RA2 of Schedule 1 modified or excluded E+W

44ZC.— (1) The requirement in paragraph RA2 of Schedule 1 has effect subject to paragraphs (2) to (4).

(2) Where a person carrying out building work of the kind described in the second column of paragraph RA1 of Schedule 1 (“the developer”)—

(a) is unable to secure the provision of a connection with a gigabit-capable public electronic communications network for a cost not exceeding the cost cap, but

(b) is able to secure the provision of a connection with a high-speed public electronic communications network for such a cost,

paragraph RA2 of Schedule 1 is to be read as requiring the provision of a connection with a high-speed public electronic communications network.

(3) Where the developer—

(a) is unable to secure the provision of a connection with a high-speed public electronic communications network for a cost not exceeding the cost cap, but

(b) is able to secure the provision of a connection with a USO-standard public electronic communications network for such a cost,

paragraph RA2 of Schedule 1 is to be read as requiring the provision of a connection with a USO-standard public electronic communications network.

(4) Where the developer is unable to secure the provision of a connection with a USO-standard public electronic communications network for a cost not exceeding the cost cap, paragraph RA2 of Schedule 1 does not apply.

(5) In paragraphs (2) to (4)—

“high-speed public electronic communications network” means a public electronic communications network that is a high-speed electronic communications network;

“USO-standard public electronic communications network” means a public electronic communications network that provides at least the minimum download speed for the time being specified by virtue of section 65(2B)(a) of the Communications Act 2003 in the universal service order (as defined by section 151(1) of that Act).

(6) The developer is to be treated as being able to secure the provision of a connection mentioned in any of paragraphs (2) to (4) for a cost not exceeding the cost cap unless—

(a) the developer has invited at least two suitable providers to make, before the end of the 30th day after the date of the invitation, an offer to provide a connection of the kind mentioned in the paragraph in question, and

(b) none of those providers has before that time offered to provide that connection free of charge or at a cost not exceeding the cost cap.

(7) The cost cap is £2,000 in respect of each dwelling.

(8) In calculating the cost to the developer of securing the provision of a connection—

(a) there is to be included value added tax;

(b) there is to be excluded—

(i) the cost to the developer of installing gigabit-ready physical infrastructure in accordance with paragraph RA1 of Schedule 1,

(ii) administrative costs of the developer, and

(iii) the cost to an end-user (as defined by section 151(1) of the Communications Act 2003) of the provision of a public electronic communications service.

(9) In paragraph (6)(a) “suitable provider” means the provider of a public electronic communications network whom the developer reasonably considers to be likely to be able to provide the connection referred to.]

Textual Amendments

F4 Regs. 44ZB, 44ZC inserted (E.) (26.12.2022) by The Building etc. (Amendment) (England) (No. 2) Regulations 2022 (S.I. 2022/984), reg. 1(4), Sch. para. 5 (with reg. 3)

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

[F1 44A.— (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]

Extent Information

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

[F12 Application of paragraph R1 of Schedule 1 to educational buildings, buildings of statutory undertakers and Crown buildings W

[F13 44A.   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.]]

Extent Information

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

Textual Amendments

F12 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)

F13 Reg. 44A substituted (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), 11(1) (with reg. 29)

Exemptions from paragraph R1 of Schedule 1 E+W

44B.   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, F5 [F1 or]

(ii) in a conservation area designated in accordance with section 69 of that Act, F6 [F1 or

(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.

Textual Amendments

F5 Word "or" in reg. 44B(a)(i) 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), 11(2)(a) (with reg. 29)

F6 Reg. 44B(a)(iii) and word "; or" inserted (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), 11(2)(b)(c) (with reg. 29)

Interpretation of [F7 Part 9A and of] Part R of Schedule 1 E+W

44C.   In [F8 this Part and 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 [F9 , or as the case requires the gigabit-ready physical infrastructure,] is made available;

[F10 “gigabit-capable electronic communications network” means an electronic communications network that is capable of delivering broadband access services at download speeds of at least 1,000 Mbps;

“gigabit-capable public electronic communications network” means a public electronic communications network that is a gigabit-capable electronic communications network;

“gigabit-ready physical infrastructure” means physical infrastructure or installations, including elements under joint ownership, intended to host wired or wireless gigabit-capable public electronic communications networks;]

“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.

[F11 “public electronic communications network” has the meaning given by section 151(1) of the Communications Act 2003.]]

Textual Amendments

F7 Words in reg. 44C heading inserted (26.12.2022) by The Building etc. (Amendment) (England) (No. 2) Regulations 2022 (S.I. 2022/984), reg. 1(4), Sch. para. 6(2) (with reg. 3)

F8 Words in reg. 44C inserted (26.12.2022) by The Building etc. (Amendment) (England) (No. 2) Regulations 2022 (S.I. 2022/984), reg. 1(4), Sch. para. 6(3) (with reg. 3)

F9 Words in reg. 44C inserted (26.12.2022) by The Building etc. (Amendment) (England) (No. 2) Regulations 2022 (S.I. 2022/984), reg. 1(4), Sch. para. 6(4) (with reg. 3)

F10 Words in reg. 44C inserted (26.12.2022) by The Building etc. (Amendment) (England) (No. 2) Regulations 2022 (S.I. 2022/984), reg. 1(4), Sch. para. 6(5) (with reg. 3)

F11 Words in reg. 44C inserted (26.12.2022) by The Building etc. (Amendment) (England) (No. 2) Regulations 2022 (S.I. 2022/984), reg. 1(4), Sch. para. 6(6) (with reg. 3)