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 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)