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The Building etc. (Amendment) (England) (No. 2) Regulations 2022

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PART 2Amendments to Building (Approved Inspectors etc.) Regulations 2010

9.—(1) In the Building (Approved Inspectors etc.) Regulations 2010, Schedule 1 (forms) is amended as follows.

(2) In Form 1 (initial notice)(1), in paragraph 5, after sub-paragraph (c) insert—

(d)in the case of the erection of a dwelling, or a building that is to contain one or more dwellings—

(i)a statement giving details of any public electronic communications network in relation to which a connection is to be provided,

(ii)if an exemption in regulation 44ZB of the Building Regulations 2010 is proposed to be relied on, a statement giving details in support of the exemption,

(iii)if regulation 44ZC of the Building Regulations 2010 is proposed to be relied on, a statement giving details of the matters mentioned in regulation 44ZC(6)(a) and (b) of those Regulations and, if paragraph RA1(1)(c)(i) or (ii) of Schedule 1 to those Regulations is also proposed to be relied on, evidence of the steps taken to establish whether, and if so where, a distribution point for a gigabit-capable public electronic communications network (as defined by regulation 44C of those Regulations) is likely to be installed, in a location relevant for the purposes of paragraph RA1(1)(c) of that Schedule, within the period of two years beginning with the day on which the notice is given..

(3) In Form 2 (amendment notice)(2), in paragraph 4, after sub-paragraph (e) insert—

(f)in the case of the erection of a dwelling, or a building that is to contain one or more dwellings—

(i)a statement giving details of any public electronic communications network in relation to which a connection is to be provided,

(ii)if an exemption in regulation 44ZB of the Building Regulations 2010 is proposed to be relied on, a statement giving details in support of the exemption, and

(iii)if regulation 44ZC of the Building Regulations 2010 is proposed to be relied on, a statement giving details of the matters mentioned in regulation 44ZC(6)(a) and (b) of those Regulations and, if paragraph RA1(1)(c)(i) or (ii) of Schedule 1 to those Regulations is also proposed to be relied on, evidence of the steps taken to establish whether, and if so where, a distribution point for a gigabit-capable public electronic communications network (as defined by regulation 44C of those Regulations) is likely to be installed, in a location relevant for the purposes of paragraph RA1(1)(c) of that Schedule, within the relevant 2-year period (as defined by paragraph RA1(3) of that Schedule)..

(4) In Form 4 (combined initial notice and plans certificate)(3), in paragraph 5, after sub-paragraph (c) insert—

(d)in the case of the erection of a dwelling, or a building that is to contain one or more dwellings—

(i)a statement giving details of any public electronic communications network in relation to which a connection is to be provided,

(ii)if an exemption in regulation 44ZB of the Building Regulations 2010 is proposed to be relied on, a statement giving details in support of the exemption, and

(iii)if regulation 44ZC of the Building Regulations 2010 is proposed to be relied on, a statement giving details of the matters mentioned in regulation 44ZC(6)(a) and (b) of those Regulations and, if paragraph RA1(1)(c)(i) or (ii) of Schedule 1 to those Regulations is also proposed to be relied on, evidence of the steps taken to establish whether, and if so where, a distribution point for a gigabit-capable public electronic communications network (as defined by regulation 44C of those Regulations) is likely to be installed, in a location relevant for the purposes of paragraph RA1(1)(c), within the period of two years beginning with the day on which the notice is given..

(5) In Form 9 (public body’s notice)(4), in paragraph 4, after sub-paragraph (c) insert—

(d)in the case of the erection of a dwelling, or a building that is to contain one or more dwellings—

(i)a statement giving details of any public electronic communications network in relation to which a connection is to be provided,

(ii)if an exemption in regulation 44ZB of the Building Regulations 2010 is proposed to be relied on, a statement giving details in support of the exemption, and

(iii)if regulation 44ZC of the Building Regulations 2010 is proposed to be relied on, a statement giving details of the matters mentioned in regulation 44ZC(6)(a) and (b) of those Regulations and, if paragraph RA1(1)(c)(i) or (ii) of Schedule 1 to those Regulations is also proposed to be relied on, evidence of the steps taken to establish whether, and if so where, a distribution point for a gigabit-capable public electronic communications network (as defined by regulation 44C of those Regulations) is likely to be installed, in a location relevant for the purposes of paragraph RA1(1)(c) of that Schedule, within the period of two years beginning with the day on which the notice is given..

(6) In Form 11 (combined public body’s notice and plans certificate)(5), in paragraph 4, after sub-paragraph (c) insert—

(d)in the case of the erection of a dwelling, or a building that is to contain one or more dwellings—

(i)a statement giving details of any public electronic communications network in relation to which a connection is to be provided,

(ii)if an exemption in regulation 44ZB of the Building Regulations 2010 is proposed to be relied on, a statement giving details in support of the exemption, and

(iii)if regulation 44ZC of the Building Regulations 2010 is proposed to be relied on, a statement giving details of the matters mentioned in regulation 44ZC(6)(a) and (b) of those Regulations and, if paragraph RA1(1)(c)(i) or (ii) of Schedule 1 to those Regulations is also proposed to be relied on, evidence of the steps taken to establish whether, and if so where, it is reasonable to expect that a distribution point for a gigabit-capable public electronic communications network (as defined by regulation 44C of those Regulations) is likely to be installed, in a location relevant for the purposes of paragraph RA1(1)(c) of that Schedule, within the period of two years beginning with the day on which the notice is given..

(1)

Form 1 was substituted, in relation to buildings in England, by Schedule 2 to S.I. 2015/767 and amended by S.I. 2022/718.

(2)

Form 2 was substituted, in relation to buildings in England, by Schedule 2 to S.I. 2015/767, and amended by S.I. 2022/718.

(3)

Form 4 was substituted, in relation to buildings in England, by Schedule 2 to S.I. 2015/767, and amended by S.I. 2022/718.

(4)

Form 9 was substituted, in relation to buildings in England, by Schedule 2 to S.I. 2015/767.

(5)

Form 11 was substituted, in relation to buildings in England, by Schedule 2 to S.I. 2015/767.

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