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The Building (Approved Inspectors etc. ) Regulations 2010

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PART 4 E+WApplication of Provisions of the Principal Regulations

[F1Application of regulations 20, F2[F320A,] 25A, 27, F4F5[F627A, 27B,] F7[F8, 27C] F9[F229,] 37, 41, 42, 43 F10[F11, 44 and 44ZA] of the Principal RegulationsE

20.—(1) Regulations 20 (provisions applicable to self-certification schemes), F12[F1320A (provisions applicable to third party certification schemes),] 25A (consideration of high-efficiency alternative systems for new buildings), 27 (CO² emission rate calculations), [F1427A (fabric energy efficiency rate calculations),] F15[F1627A (primary energy consumption rate calculations), 27B (fabric performance values calculations),] F17F18... F19[F2027C (target primary energy rate calculations for new buildings)] 37 (wholesome water consumption calculation), 41 (sound insulation testing), 42 (mechanical ventilation air flow rate testing), 43 (pressure testing) F21[F22, 44] (commissioning) F23[F24and 44ZA (commissioning in respect of a system for on-site electricity generation)] of the Principal Regulations F25[F26and regulation 7A (energy performance certificates on construction) of the Energy Performance of Buildings (England and Wales) Regulations 2012] apply in relation to building work which is the subject of an initial notice as if references to the local authority were references to the approved inspector.

(2) Regulation 27(3) of the Principal Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed,” there were inserted “ or, if earlier, the date on which in accordance with regulation 17 of the Building (Approved Inspectors etc.) Regulations 2010 the initial notice ceases to be in force ”.

F27[F28(2A) Regulation 27A(3) of the Principal Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed,” there were inserted “or, if earlier, the date on which in accordance with regulation 17 of the Building (Approved Inspectors etc.) Regulations 2010 the initial notice ceases to be in force”.

F29(2B) Regulation 27B(3) of the Principal Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed,” there were inserted “or, if earlier, the date on which in accordance with regulation 17 of the Building (Approved Inspectors etc.) Regulations 2010 the initial notice ceases to be in force”.]

F30[F31(2C) Regulation 27C(3) of the Principal Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed,” there were inserted “or, if earlier, the date on which in accordance with regulation 17 of the Building (Approved Inspectors etc.) Regulations 2010 the initial notice ceases to be in force”.]

F32F33(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Regulation 37(2) of the Principal Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed” there were inserted “, or, if earlier, the date on which in accordance with regulation 17 of the Building (Approved Inspectors etc.) Regulations 2010 the initial notice ceases to be in force”.

(5) Regulation 41 of the Principal Regulations applies in relation to building work which is the subject of an initial notice as if—

(a)for paragraph (3)(b) there were substituted—

“(b)given to the approved inspector in accordance with paragraph (2)(b) not later than five days after completion of the work to which the initial notice relates.”;

(b)for the words in paragraph (4) “not later than the date on which notice of commencement of the work is given under regulation 16(1)” there were substituted the words “ prior to commencement of the building work on site ”.

(6) Regulation 44 of the Principal Regulations applies in relation to building work which is the subject of an initial notice as if for paragraph (4) there were substituted—

“(4) The notice shall be given to the approved inspector—

(a)subject to sub-paragraphs (b) and (c), not later than five days after completion of the work to which the initial notice relates;

(b)where regulation 17 of the Building (Approved Inspectors etc.) Regulations 2010 applies, not later than the date on which the initial notice ceases to be in force or, if earlier, the end of the period referred to in sub-paragraph (a);

(c)where regulation 20 applies by virtue of regulation 20 of the Building (Approved Inspectors etc.) Regulations 2010, not later than the date on which the notice or certificate required by that regulation must be given.”.

F34[F35(6A) Regulation 44ZA of the Principal Regulations applies in relation to building work which is the subject of an initial notice as if for paragraph (3) there were substituted—

“(3) The notice must be given to the approved inspector—

(a)subject to sub-paragraphs (b) and (c), not later than five days after completion of the work to which the initial notice relates;

(b)where regulation 17 of the Building (Approved Inspectors etc.) Regulations 2010 applies, not later than the date on which the initial notice ceases to be in force or, if earlier, the end of the period referred to in sub-paragraph (a);

(c)where regulation 20 applies by virtue of regulation 20 of the Building (Approved Inspectors etc.) Regulations 2010, not later than the date on which the notice or certificate required by that regulation must be given.”.]

F36[F37(7) Regulation 7A(3) of the Energy Performance of Buildings (England and Wales) Regulations 2012 applies in relation to building work which is the subject of an initial notice as if after “work has been completed” there were inserted “, or, if earlier, the date in which in accordance with regulation 17 of the Building (Approved Inspectors etc.) Regulations 2010 the initial notice ceases to be in force.]]

Textual Amendments

F1Reg. 20(1) and heading substituted (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. 39, Sch. 1 (with regs. 1(3), 45-47); and (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 32 (with reg. 1(2)(3))

F2Words ", 20A" and ", 29" in reg. 20 heading 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), 21(a)(i) (with reg. 29)

F3Word in reg. 20 heading 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), 3(3)(a) (with reg. 1(3))

F4Word "27A," in reg. 20 heading inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) (No.2) Regulations 2013 (S.I. 2013/1959), regs. 1(5), 10(a) (with reg. 1(3))

F5Word ", 27B" in reg. 20 heading 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), 21(a)(ii) (with reg. 29)

F6Word "27A," in reg. 20 heading inserted (W. for remaining purposes) and word "27B," inserted (W. but not in relation to excepted energy buildings) (31.7.2014) by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 13(a) (with reg. 1(2))

F9Word in reg. 20 heading omitted (W. for remaining purposes) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 3(3)(a) (with reg. 1(3))

F12Words in reg. 20(1) 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), 21(b)(i) (with reg. 29)

F13Words in reg. 20(1) 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), 3(3)(b) (with reg. 1(3))

F14Words in reg. 20(1) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) (No.2) Regulations 2013 (S.I. 2013/1959), regs. 1(5), 10(b) (with reg. 1(3))

F15Words in reg. 20(1) substituted and 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), 21(b)(ii)(iii) (with reg. 29)

F16Words in reg. 20(1) inserted (W. but not in relation to excepted energy buildings) (31.7.2014) by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 13(b) (with reg. 1(2))

F17Words in reg. 20(1) omitted (W. for remaining purposes) (17.6.2016) by virtue of The Building Regulations c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 3(3)(b)(i) (with reg. 1(3))

F18Words in reg. 20(1) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 3(3)(a)(i) (with reg. 1(3))

F25Words in reg. 20(1) inserted (W. for remaining purposes) (17.6.2016) by The Building Regulations c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 3(3)(b)(ii) (with reg. 1(3))

F26Words in reg. 20(1) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 3(3)(a)(ii) (with reg. 1(3))

F27Reg. 20(2A) 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), 3(3)(c) (with reg. 1(3))

F28Reg. 20(2A) inserted (W. for remaining purposes) and (2B) inserted (W. but not in relation to excepted energy buildings) (31.7.2014) by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 13(c) (with reg. 1(2))

F29Reg. 20(2B) 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), 21(b)(iv) (with reg. 29)

F32Reg. 20(3) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 3(3)(b) (with reg. 1(3))

F33Reg. 20(3) omitted (W. for remaining purposes) (17.6.2016) by virtue of The Building Regulations c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 3(3)(c) (with reg. 1(3))

F37Reg. 20(7) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 3(3)(c) (with reg. 1(3))

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