EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Building Regulations 2010 (“the 2010 Regulations”).

Regulation 3(2) contains a procedural amendment to regulation 11 of the 2010 Regulations. The amendment arises as a consequence of transposition of articles 2, 6, 7, 9 and 11 of the European Parliament and Council Directive 2010/31/EU of 19 May 2010 on the energy performance of buildings (recast). This regulation amends the reference to regulation 29 and adds regulations 23(1)(a), 25A, 25B and 29A to the list of building regulations that cannot be relaxed or dispensed with under sections 8(1) to (5) of the Building Act 1984. The regulation also removes the floor area qualification previously at regulation 11(3)(b).

Regulation 3(4) amends Schedule 3 to the 2010 Regulations by adding bodies to the list of bodies in paragraphs 13, 17, 21, 22, 23 and 24 which are able to register persons authorised under the self certification scheme provided for by regulations 12 and 20 of, and Schedule 3 to the Building Regulations.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk, and shows a net benefit to business in relation to the amendments made to Schedule 3. The consequential amendment at regulation 11 was covered by Impact Assessment DCLG 105 which accompanies the Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119).