2014 No. 579
The Building Regulations &c. (Amendment) Regulations 2014
Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 1, 3 and 34 of, and paragraphs 1, 2, 4, 4A, 7, 8(1) and 10 of Schedule 1 to, the Building Act 19841, having consulted the Building Regulations Advisory Committee for England and such other bodies as appear to the Secretary of State to be representative of the interests concerned in accordance with section 14(3)2 of that Act.
Citation, extent, application and commencementI11
1
These Regulations may be cited as the Building Regulations &c. (Amendment) Regulations 2014.
2
These Regulations extend to England and Wales.
3
These Regulations do not apply in relation to any building in Wales other than an excepted energy building, and “excepted energy building” shall have the same meaning as in the Schedule to the Welsh Ministers (Transfer of Functions) (No. 2) Order 20093.
4
These Regulations come into force on 6th April 2014.
Amendments to the Building Regulations 2010I22
1
The Building Regulations 20104 are amended in accordance with the following paragraphs.
2
In regulation 2 (interpretation)5 in the definition “energy efficiency requirements” for “and 40” substitute “, 40 and 43”.
3
In regulation 12 (giving of a building notice or deposit of plans)6—
a
in paragraph (6)—
i
omit “or” after sub-paragraph (a), and
ii
insert after sub-paragraph (b)—
; or
c
described in column 1 of the Table in Schedule 3A if the work is to be inspected by a person described in the corresponding entry in column 2 of that Table (a “third party certifier”) who has been appointed by the person intending to carry out the building work before the commencement of that work
4
For the heading of Part 5 substitute—
Self-certification schemes and third party certification schemes
5
In regulation 20 (provisions applicable to self-certification schemes)7—
a
omit paragraph (3C); and
b
in paragraph 5 omit “, and the certificate shall contain this wording”.
6
After regulation 20 insert the following regulation—
Provisions applicable to third party certification schemes20A
1
This regulation applies to the extent that the building work consists only of work of a type described in column 1 of the Table in Schedule 3A and the work is inspected by a third party certifier described in column 2 of that Table and appointed in accordance with regulation 12(6)(c).
2
Where this regulation applies, the local authority are authorised to accept, as evidence that the requirements of regulations 4 and 7 have been complied with, a certificate to that effect by the third party certifier.
3
Where this regulation applies, the person carrying out the building work must, not more than 7 days after the completion of the work, notify the third party certifier that the work has been completed.
4
Where the third party certifier, having taken all reasonable steps to ascertain that it is the case, is satisfied within the limits of professional skill and care that the requirements of regulation 4 and 7 have been complied with, the third party certifier must, not more than 30 days after receiving notification of completion of the work under paragraph (3)—
a
give the occupier a copy of the certificate referred to in paragraph (2); and
b
give to the local authority—
i
notice to that effect, or
ii
the certificate referred to in paragraph (2).
5
If the third party certifier is unable to certify that the requirements of regulations 4 and 7 have been complied with and therefore cannot provide the certificate referred to in paragraph (2), the third party certifier must notify the local authority to that effect.
6
A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with.
7
The certificate shall include a statement describing its evidentiary effect, in terms substantially the same as paragraph (6).
7
In regulation 43(2) (pressure testing)8 after “26” insert “and regulation 26A”.
8
In regulation 47 (contravention of certain regulations not to be an offence)9 after “27,” insert “27A,”.
9
For the Table in Schedule 3 (self-certification schemes and exemptions from requirement to give building notice or deposit full plans) substitute the Table in Part 1 of the Schedule to these Regulations.
10
After Schedule 3 insert the Schedule in Part 2 of the Schedule to these Regulations.
11
In Schedule 4 (descriptions of work where no building notice or deposit of full plans required)10 paragraph 1(g)—
a
in sub-paragraph (i) after “appliance” add “(other than a fixed flueless gas cooker)”; and
b
in sub-paragraph (ii) for “12(6)(b)” substitute “12(6A)”.
F1Amendments to the Building (Approved Inspectors etc) Regulations 2010I33
1
The Building (Approved Inspectors etc) Regulations 201011 are amended in accordance with the following paragraphs.
2
In regulation 8 (functions of approved inspectors)12—
a
in paragraph (1)—
i
in sub-paragraph (a) after “26 (CO2 emission rates for new buildings),” insert “26A (fabric energy efficiency rates for new buildings),”, and
ii
in sub-paragraph (b) after “27,” insert “27A,”; and
b
paragraph (2) is revoked.
3
In regulation 20 (application of regulations 20 etc. of the Principal Regulations)13—
a
in the heading after “20,” insert “20A,”;
b
in paragraph (1) after “20 (provisions applicable to self-certification schemes),” insert “20A (provisions applicable to third party certification schemes),”; and
c
after paragraph (2) insert the following paragraph—
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 Inspectorsetc) Regulations 2010 the initial notice ceases to be in force
Signed by authority of the Secretary of State for Communities and Local Government
SCHEDULE
I4PART 1
Column 1
Type of work
Column 2
Person carrying out work
1. Installation of a heat-producing gas appliance. This paragraph does not apply to the provision of a masonry chimney.
A person, or an employee of a person, who is a member of a class of persons approved in accordance with regulation 3 of the Gas Safety (Installation and Use) Regulations 199814.
2. Installation of—
(a) an oil-fired combustion appliance; or
(b) oil storage tanks and the pipes connecting them to combustion appliances. This paragraph does not apply to the provision of a masonry chimney.
A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited15, Benchmark Certification Limited16, Building Engineering Services Competence Assessment Limited17, Certsure LLP18, HETAS Limited19, NAPIT Registration Limited20, Oil Firing Technical Association Limited21, or Stroma Certification Limited22.
3. Installation of a solid fuel-burning combustion appliance other than a biomass appliance. This paragraph does not apply to the provision of a masonry chimney.
A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited, or NAPIT Registration Limited.
4. Installation of a heating or hot water system, or its associated controls.
A person, or an employee of a person, who is a member of a class of persons approved in accordance with regulation 3 of the Gas Safety (Installation and Use) Regulations 1998, or a person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited, NAPIT Registration Limited, Oil Firing Technical Association Limited, or Stroma Certification Limited.
5. Installation of a mechanical ventilation or air conditioning system or associated controls, in a building other than a dwelling, that does not involve work on a system shared with parts of the building occupied separately.
A person registered in respect of that type of work by Building Engineering Services Competence Assessment Limited, Certsure LLP, NAPIT Registration Limited, or Stroma Certification Limited.
6. Installation of an air conditioning or ventilation system in a dwelling, that does not involve work on a system shared with other dwellings.
A person registered in respect of that type of work by Building Engineering Services Competence Assessment Limited, Certsure LLP, NAPIT Registration Limited, or Stroma Certification Limited.
7. Installation of an energy efficient lighting system or electric heating system, or associated electrical controls, in buildings other than dwellings.
A person registered in respect of that type of work by Building Engineering Services Competence Assessment Limited, Certsure LLP, NAPIT Registration Limited, or Stroma Certification Limited.
8. Installation of fixed low or extra-low voltage electrical installations in dwellings.
A person registered in respect of that type of work by BSI Assurance UK Limited23, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, NAPIT Registration Limited, Oil Firing Technical Association Limited, or Stroma Certification Limited.
9. Installation of fixed low or extra-low voltage electrical installations in dwellings, as a necessary adjunct to or arising out of other work being carried out by the registered person.
A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, NAPIT Registration Limited, or Stroma Certification Limited.
10. Installation, as a replacement, of a window, rooflight, roof window or door in an existing dwelling.
A person registered in respect of that type of work by BM Trada Certification Limited24, BSI Assurance UK Limited, CERTASS Limited25, Certsure LLP, by Fensa Limited26 under the Fenestration Self-Assessment Scheme, by NAPIT Registration Limited, Network VEKA Limited27, or Stroma Certification Limited.
11. Installation, as a replacement, of a window, rooflight, roof window or door in an existing building other than a dwelling. This paragraph does not apply to glass which is load bearing or structural or which forms part of glazed curtain walling or a revolving door.
A person registered in respect of that type of work by BM Trada Certification Limited, CERTASS Limited, Certsure LLP, by Fensa Limited under the Fenestration Self-Assessment Scheme, or by Stroma Certification Limited.
12. Installation of a sanitary convenience, sink, washbasin, bidet, fixed bath, shower or bathroom in a dwelling, that does not involve work on shared or underground drainage.
A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited, NAPIT Registration Limited, or Stroma Certification Limited.
13. Installation of a wholesome cold water supply or a softened wholesome cold water supply.
A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited, or NAPIT Registration Limited.
14. Installation of a supply of non-wholesome water to a sanitary convenience fitted with a flushing device, that does not involve work on shared or underground drainage.
A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited, NAPIT Registration Limited, or Stroma Certification Limited.
15. Installation in a building of a system to produce electricity, heat or cooling—
(a) by microgeneration; or
(b) from renewable sources (as defined in Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources28).
A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, BRE Global Limited29, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited, NAPIT Registration Limited, Oil Firing Technical Association Limited, or Stroma Certification Limited.
16. Installation, as a replacement, of the covering of a pitched or flat roof and work carried out by the registered person as a necessary adjunct to that installation. This paragraph does not apply to the installation of solar panels.
A person registered in respect of that type of work by NAPIT Registration Limited or the National Federation of Roofing Contractors Limited30.
17. Insertion of insulating material into the cavity walls of an existing building.
A person registered in respect of that type of work by Cavity Insulation Guarantee Agency Limited31 under the Cavity Wall Insulation Self Certification Scheme, by Certsure LLP, NAPIT Registration Limited, or Stroma Certification Limited.
18. Installation of insulating material to the internal walls of a building, not including the installation of flexible thermal linings.
A person registered in respect of that type of work by British Board of Agrément32, CERTASS Limited, Certsure LLP, NAPIT Registration Limited, or Stroma Certification Limited.
19. Installation of insulating material to the external walls of a building, not including insulation of demountable-clad buildings.
A person registered in respect of that type of work by British Board of Agrément, CERTASS Limited, Certsure LLP, NAPIT Registration Limited, or Stroma Certification Limited.
20. Installation of insulating material to the external and internal walls of a building (“hybrid insulation”), not including insulation of demountable-clad buildings, and not including the installation of flexible thermal linings
A person registered in respect of that type of work by British Board of Agrément, Certsure LLP, or NAPIT Registration Limited.
I5PART 2
Sch. Pt. 2 in force at 6.4.2014, see reg. 1(4)
SCHEDULE 3AThird Party Certification Schemes and Exemptions from Requirement to Give Building Notice or Deposit Full Plans
Column 1
Type of work
Column 2
Person inspecting work
Electrical installations in dwellings.
A person registered in respect of that type of work by BSI Assurance UK Limited, NAPIT Registration Limited, or Stroma Certification Limited.
(This note is not part of the Order)
Sch. Pt. 1 in force at 6.4.2014, see reg. 1(4)