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The Building Regulations 2010, Section 43 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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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 F1[F2and 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 [F3local authority] [F3building 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 [F4local authority] [F4building control authority] not later than seven days after the final test is carried out.
(4) A [F5local authority] [F5building 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 F6F7... F8[F9Elmhurst Energy Systems Limited] F10[F11or 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.
[F12(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
F1Words “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)
F2Words 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]
F3Words in reg. 43(2) substituted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 7(18)(a) (with regs. 22-24)
F4Words in reg. 43(3) substituted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 7(18)(a) (with regs. 22-24)
F5Words in reg. 43(4) substituted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 7(18)(a) (with regs. 22-24)
F6Words 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))
F7Words 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))
F8Words in reg. 43(4) substituted (W.) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 14 (with reg. 21)
F9Words in reg. 43(4) substituted (E.) (15.6.2022) by The Building Regulations etc. (Amendment) (England) Regulations 2021 (S.I. 2021/1391), regs. 1(1), 9 (with reg. 1(2))
F10Words 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))
F11Words 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)
F12Reg. 43(6) inserted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 7(18)(b) (with regs. 22-24)
Modifications etc. (not altering text)
C1Reg. 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))
C2Reg. 43 modified (E.) (6.4.2024) by The Building (Registered Building Control Approvers etc.) (England) Regulations 2024 (S.I. 2024/110), regs. 1(3), 5(2)(3) (with regs. 44-47)
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