[F1Exemptions from paragraph R1 of Schedule 1E+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, F2[F3or]
(ii)in a conservation area designated in accordance with section 69 of that Act, F4[F3or
(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
F1Pt. 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)
F2Word "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)
F3Pt. 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]
F4Reg. 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)