Building (Amendment) Regulations (Northern Ireland) 1998

Statutory Rules of Northern Ireland

1998 No. 453

BUILDING REGULATIONS

Building (Amendment) Regulations (Northern Ireland) 1998

Made

23 December 1998

Coming into operation

1 April 1999

The Department of the Environment, in exercise of the powers conferred by Articles 3(1) and 5(1), (2) and (3) of the Building Regulations (Northern Ireland) Order 1979(1) and now vested in it(2) and of every other power enabling it in that behalf, after consultation with the Building Regulations Advisory Committee and such other bodies as appear to the Department to be representative of the interests concerned, hereby makes the following Regulations—

Citation and commencement

1.  These regulations may be cited as the Building (Amendment) Regulations (Northern Ireland) 1998 and shall come into operation on 1 April 1999.

Interpretation

2.  In these regulations “the principal Regulations” means the Building Regulations (Northern Ireland) 1994(3).

Transitional provisions

3.—(1) The principal Regulations shall continue to apply to—

(a) plans deposited or a building notice given in accordance with the principal Regulations before the commencement of these Regulations;

(b) building work carried out in accordance with such plans or such a building notice with or without any departure or deviation therefrom; and

(c) building work completed before such commencement,

as if the amendments effected by these Regulations had not been made.

(2) In paragraph (1)—

(a) “building notice” means a notice given under regulation A10(1) of the principal Regulations; and

(b) “building work” has the same meaning as in those Regulations.

Amendment of the principal Regulations

4.  The principal Regulations shall be amended as provided in regulations 5 to 10.

Amendment of Part A (Interpretation and general)

5.—(1) In paragraph (1) of regulation A2 (Interpretation) after the definition “PUBLIC BUILDING” there shall be inserted the following definition—

• “SAP ENERGY RATING in relation to a dwelling means the rating of the overall energy efficiency for that dwelling calculated using The Government’s Standard Assessment Procedure for energy rating of dwellings: 1996 edition;”.

(2) For the Table to regulation A9 (Application to material change of use) there shall be substituted the Table set out in Schedule 1.

(3) In paragraph (5) of regulation A11 (Notice of commencement and completion of certain stages of work) for the full stop at the end of sub-paragraph (c) there shall be substituted “; and” and thereafter there shall be added—

“(d) the SAP energy rating for any completed dwelling, whether erected or created by a material change of use, not more than 5 days after completion.”.

(4) In paragraph (6) of regulation A11A (Regularisation certificates) for sub-paragraph (b) there shall be substituted—

“(b) UNAUTHORISED WORK means any work (within the meaning of regulation A4(1)), any building work or any material change of use notification of which was required by building regulations to be given to a district council but was not so given.”

Substitution of Part D (Structure)

6.  For Part D (Structure) there shall be substituted the Part set out in Schedule 2.

Substitution of Part F (Conservation of fuel and power)

7.  For Part F (Conservation of fuel and power) there shall be substituted the Part set out in Schedule 3.

Substitution of Part K (Ventilation)

8.  For Part K (Ventilation) there shall be substituted the Part set out in Schedule 4.

Amendment of Schedules

9.—(1) In Schedule 2 (Giving of notices and deposit of plans)—

(a) in Rule B after paragraph 5 there shall be inserted—

“6.   The SAP energy rating used for design purposes for each dwelling.”;

(b) in Rule F after paragraph 5 there shall be inserted—

“6.   In the case of a material change of use creating a dwelling or dwellings, the SAP energy rating used for design purposes for each dwelling.”; and

(c) in Rule G in paragraph 7 for the words “of regulation F2.” there shall be substituted “of regulations F2 and F4(2) and those for the SAP energy rating for each dwelling.”.

(2) In Schedule 2A (Particulars to be given in a building notice) after paragraph 3 there shall be inserted—

“4.   Where a building notice relates to the erection of a dwelling, or the creation of a dwelling by a material change of use, an applicant shall provide the SAP energy rating used for design purposes for each dwelling.”.

Substitution of Schedule 3 (Publications to which specific reference is made in the Building Regulations (Northern Ireland) 1994.)

10.  For Schedule 3 to the principal Regulations (Publications to which specific reference is made in the Building Regulations (Northern Ireland) 1994.) there shall be substituted the Schedule set out in Schedule 5 to these Regulations.

Sealed with the Official Seal of the Department of the Environment on

L.S.

T. Pearson

Assistant Secretary

23rd December 1998.

Regulation 5(2)

SCHEDULE 1 Table to be substituted for Table to Regulation A9 (Application to material change of use) of the principal Regulations.

Table to Regulation A9

Application to a material change of use

Parts		Cases
		I	II	IIIa	IV
Notes to Table
a Only Parts A, D and E shall apply to Case III(d) to (f) and, in the application of Parts D and E, only insofar as indicated by Notes 2 and 3 respectively.
b Denotes Parts which apply.
c Denotes Parts which do not apply.
d All regulations except C2 and C4.
e Part D shall apply to those parts of the building affected by any increase in imposed loading resulting from the change of use.
f In the application of Part E the requirements of regulation E8 shall only apply, in relation to external walls, when the height of a building exceeds 20m (such height shall be measured from the mean level of the ground adjoining the outside of the external walls of the building to the level of half the vertical height of the roof of the building, or to the top of the walls or of the parapet, if any, whichever is the higher).
g Regulation F2 only.
h Regulations L2(2) and (3) only.
i All regulations except P5.
A	Interpretation and general	b	b	b	b
B	Materials and workmanship	c	c	c	b
C	Preparation of site and resistance to moisture	bd	bd	bd	bd
D	Structure	be	be	be	b
E	Fire safety	bf	bf	bf	bf
F	Conservation of fuel and power	bg	bg	bg	bg
G	Sound insulation of dwellings	b	b	c	b
H	Stairs, ramps and guarding	c	c	c	b
J	Solid waste in buildings	b	b	b	b
K	Ventilation	b	b	b	b
L	Heat-producing appliances and LPG installations	bh	bh	bh	bh
N	Drainage	c	c	c	c
P	Sanitary appliances and unvented hot water storage systems	bi	bi	bi	bi
R	Access and facilities for disabled people	c	c	c	c
V	Glazing	b	b	c	c

Regulation 6

SCHEDULE 2 Part to be substituted for Part D (Structure) of the principal Regulations.

Part D Structure

D1 Stability

A building shall be designed and constructed so that the combined dead, imposed and wind loads are sustained and transmitted to the ground, taking into account the nature of the ground—

(a) safely; and

(b) without impairing the safety of any part of another building.

D2 Deemed-to-satisfy provisions for stability

The requirements of regulation D1 shall be deemed to be satisfied if—

(a) the loads to which a building will be subjected are calculated in accordance with, in the case of—

(i) dead and imposed loads (excluding imposed roof loads) – BS 6399: Part 1: 1996;

(ii) imposed roof loads – BS 6399: Part 3: 1988; and

(iii) wind loads—

(A) BS 6399: Part 2: 1997; or

(B) CP 3: Chapter V: Part 2: 1972 (in no case shall S3 be taken as less than 1):

Provided that—

(A) the actual loads are used, where the actual loads to which a building is to be subjected is likely to exceed the loads so calculated; and

(B) loads used allow for possible dynamic, concentrated and peak load effects which may occur; and

(b) the design and construction of the work is carried out in accordance with the relevant recommendations of the following documents, that is to say, in the case of—

(i) foundations—

(A) BS 8004: 1986; or

(B) DOE(NI) Technical Booklet D: 1994: Sections 1 and 5 (for houses and small buildings);

(ii) structural work of reinforced, prestressed or plain concrete—

(A) BS 8110: Part 1: 1997, BS 8110: Part 2: 1985 and

(B) BS 8110: Part 3: 1985;

(iii) structural work of steel—

(A) BS 449: Part 2: 1969; or

(B) BS 5950: Part 1: 1990, BS 5950: Part 2: 1992 and BS 5950: Part 5: 1987;

(iv) structural work of composite steel and concrete construction—

• BS 5950: Part 3: Section 3.1: 1990 and BS 5950: Part 4: 1994;

(v) structural work of aluminium—

(A) CP 118: 1969 using one of the principal or supplementary aluminium alloys designated in Section 1.1 of that Code, and for the purpose of Section 5.3 of that Code, the structure shall be classified as a safe-life structure; or

(B) BS 8118: Part 1: 1991 and BS 8118: Part 2: 1991;

(vi) structural work of masonry—

(A) BS 5628: Part 1: 1992, BS 5628: Part 2: 1995 and BS 5628: Part 3: 1985; or

(B) DOE (NI) Technical Booklet D: 1994: Sections 1, 3 and 4 (for residential buildings of not more than 3 storeys, small single storey non-residential buildings and small buildings forming annexes to residential buildings (including garages and outbuildings)); and

(vii) structural work of timber—

(A) BS 5268: Part 2: 1996 and BS 5268: Part 3: 1998; or

(B) DOE (NI) Technical Booklet D: 1994: Sections 1 and 2 (for single family houses of not more than 3 storeys).

D3 Disproportionate collapse

(1) A building to which this paragraph applies shall be designed and constructed so that in the event of damage occurring to any part of the building, the extent of any resulting collapse will not be disproportionate to the cause of the damage.

(2) Paragraph (1) applies to a building having 5 or more storeys, counting each basement level as one storey but discounting a storey within a roof space where the slope of the roof does not exceed 70° to the horizontal.

D4 Deemed-to-satisfy provisions for disproportionate collapse

The requirements of regulation D3 shall be deemed to be satisfied in relation to a building if the design and construction of the work on that building is in accordance with—

(a) the relevant recommendations of the following documents (taking account of the recommendations on ties and on the effect of misuse or accident), that is to say, in the case of—

(i) structural work of reinforced, prestressed or plain concrete—

• BS 8110: Part 1: 1997 and BS 8110: Part 2: 1985;

(ii) structural work of steel—

• BS 5950: Part 1: 1990 (the accidental loading referred to in clause 2.4.5.5 shall be chosen having particular regard to the importance of the key elements and the consequences of failure, and the key element shall always be capable of withstanding a load of at least 34 kN/m² applied from any direction); and

(iii) structural work of masonry—

• BS 5628: Part 1: 1992; and

(b) the procedures contained in DOE (NI) Technical Booklet D: 1994: Section 6.

Regulation 7

SCHEDULE 3 Part to be substituted for Part F (Conservation of fuel and power) of the principal Regulations.

Part F Conservation of fuel and power

F1 Application and interpretation

(1) Subject to paragraphs (2) and (3) this Part shall apply to any building and, where a building contains one or more dwellings, to each such dwelling separately.

(2) Regulation F2 shall not apply to—

(a) an external wall, floor or roof of any part of a dwelling which consists of—

(i) a shed or store entered solely from outside; or

(ii) a boathouse, conservatory, garage or porch;

(b) a building, other than a dwelling, which has a floor area not exceeding 30 m²; and

(c) a building or part of a building, other than a dwelling, which—

(i) in the case of a building for industrial or storage purposes — is unheated or has a space heating system with a design output rating not exceeding 50 W per square metre of floor area; or

(ii) in the case of any other building — is unheated or has a space heating system with a design output rating not exceeding 25 W per square metre of floor area.

(3) Regulation F4(2) shall not apply to—

(a) a dwelling;

(b) the common parts of a building which are intended for the exclusive use of two or more dwellings; and

(c) a building in which the floor area provided with artificial lighting does not exceed 100 m².

(4) In this Part—

• SPACE HEATING SYSTEM and HOT WATER SUPPLY SYSTEM do not include a system or that part of a system which heats or stores water solely for a commercial or industrial process; and

• PIPES AND DUCTS means any pipe and any duct in a space heating system or hot water supply system which is intended to carry a heated liquid or gas, and includes associated fittings.

F2 Building fabric

Reasonable provisions shall be made in the fabric of the building or, as the case may be, of the dwelling for the conservation of fuel and power.

F3 Deemed-to-satisfy provisions for the building fabric

The requirements of regulation F2 shall be deemed to be satisfied if the design and construction of the building or dwelling is in accordance with DOE (NI) Technical Booklet F: 1998: Sections 1 and 4.

F4 Space heating, hot water supply and artificial lighting systems

(1) Reasonable provisions shall be made in any building or, as the case may be, in any dwelling for the purposes of the conservation of fuel and power to—

(a) regulate the output of a space heating system; and

(b) limit the temperature of stored hot water in a hot water supply system by means of automatic controls.

(2) Artificial lighting systems used in any building or part of a building shall be so designed and constructed as to use no more fuel and power than is reasonable to provide adequate lighting according to the purposes for which the building or part is used and for this purpose reasonable provisions shall be made for controlling such systems.

F5 Deemed-to-satisfy provisions for space heating, hot water supply and artificial lighting systems

(1) The requirements of regulation F4(1) shall be deemed to be satisfied if the space heating system and the hot water supply system is provided with controls which comply with DOE (NI) Technical Booklet F: 1998: Sections 2 and 4.

(2) The requirements of regulation F4(2) shall be deemed to be satisfied if the artificial lighting system is designed and constructed in accordance with DOE (NI) Technical Booklet F: 1998: Sections 2 and 4.

F6 Insulation of pipes, ducts and hot water storage vessels

Reasonable provisions shall be made to limit the heat loss from pipes, ducts and hot water storage vessels, other than that from a pipe or duct which is designed to contribute to the space heating of the space through which it passes.

F7 Deemed-to-satisfy provisions for the insulation of pipes, ducts and hot water storage vessels

The requirements of regulation F6 shall be deemed to be satisfied if pipes, ducts and hot water storage vessels are insulated in accordance with DOE (NI) Technical Booklet F: 1998: Sections 3 and 4.

Regulation 8

SCHEDULE 4 Part to be substituted for Part K (Ventilation) of the principal Regulations.

Part K Ventilation

K1 Application and interpretation

(1) Regulation K2 shall not apply to a building or a space within a building which is used solely for storage or which is otherwise not intended for use by people.

(2) Regulations K2 and K4 shall not apply to a garage used solely in connection with a single dwelling.

(3) In this Part—

• DOMESTIC BUILDING means a building or part of a building used for residential purposes such as a house, flat, maisonette, student accommodation or residential care premises but does not include an hotel, hostel or similar building where people reside only temporarily; and

• NON-DOMESTIC BUILDING means a building or part of a building which is not a domestic building.

K2 Means of ventilation

Adequate means of ventilation shall be provided for people in a building.

K3 Deemed-to-satisfy provisions for means of ventilation

The requirements of regulation K2 shall be deemed to be satisfied if the building is designed and ventilated in accordance with the relevant recommendations of the following documents, that is to say, in the case of—

(a) a domestic building—

(i) DOE (NI) Technical Booklet K: 1998: Sections 1 and 2;

(ii) BS 5925: 1991;

(iii) BS 5720: 1979; or

(iv) BRE Digest 398; and

(b) a non-domestic building—

(i) DOE (NI) Technical Booklet K: 1998: Sections 1 and 3;

(ii) BS 5925: 1991; or

(iii) CIBSE Guide A: Section A4: 1988 and CIBSE Guide B: Section B2: 1988.

K4 Ventilation of car parks

Adequate means of ventilation shall be provided for every space in a car park.

K5 Deemed-to-satisfy provisions for ventilation of car parks

The requirements of regulation K4 shall be deemed to be satisfied if the car park is designed and ventilated in accordance with DOE (NI) Technical Booklet K: 1998: Sections 1 and 4.

Regulation 10

SCHEDULE 5 Schedule to be substituted for Schedule 3 (Publications to which specific reference is made in the Building Regulations (Northern Ireland) 1994) of the principal Regulations

Publications to which specific reference is made in the Building Regulations (Northern Ireland) 1994.

Regulation A2(10)(b)

Table A. British Standards

	Amendment Slip
Publication	Serial Number	Reference Number	Context
(1)	(2)	(3)	(4)
BS 449: Part 2: 1969	1	AMD 416 D2(b)(iii)
	2	AMD 523
	3	AMD 661
	4	AMD 1135
	5	AMD 1787
	6	AMD 4576
	7	AMD 5698
	8	AMD 6255
	9	AMD 8859
BS 4250: Part 1: 1987	—	—	L1(1)
BS 5250: 1989	—	—	C8
BS 5268: Part 2: 1996	1	AMD 9451	D2(b)(vii)
BS 5268: Part 3: 1998	—	—	D2(b)(vii)
BS 5588: Part 1: 1990	1	AMD 7840	E3(b)
BS 5588: Part 2: 1985	1	AMD 5555	E3(h)(ii)
	2	AMD 6239
	3	AMD 6478
BS 5588: Part 3: 1983	1	AMD 5556	E3(g)(ii)
	2	AMD 5825
	3	AMD 6160
BS 5588: Part 6: 1991	—	—	E3(j)(ii)
BS 5588: Part 8: 1988	—	—	E3(g), (h), (i), (j), (k) and (m)
BS 5588: Part 10: 1991	—	—	E3(i)
			E7(a)
BS 5589: 1989	—	—	B4(2)
BS 5617: 1985	—	—	B5(2)
BS 5618: 1985	1	AMD 6262	B5(2)
	2	AMD 7114
BS 5628: Part 1: 1992	1	AMD 7745	D2(b)(vi)
		D4(a)(iii)
BS 5628: Part 2: 1995	—	—	D2(b)(vi)
BS 5628: Part 3: 1985	1	AMD 4974	D2(b)(vi)
BS 5906: 1980 (1987)	—	—	J3(b)
			J5
BS 5950: Part 1: 1990	1	AMD 6972	D2(b)(iii)
			D4(a)(ii)
BS 5950: Part 2: 1992	1	AMD 7766	D2(b)(iii)
BS 5950: Part 3:	—	—	D2(b)(iv)
Section 3.1: 1990
BS 5950: Part 4: 1994	—	—	D2(b)(iv)
BS 5950: Part 5: 1987	1	AMD 5957	D2(b)(iii)
BS 6180: 1982	1	AMD 4858	H6(2)
BS 6399: Part 1: 1996	—	—	D2(a)(i)
BS 6399: Part 2: 1997	—	—	D2(a)(iii)
BS 6399: Part 3: 1988	1	AMD 6033	D2(a)(ii)
	2	AMD 9187
	3	AMD 9452
	4	AMD 9187
BS 8004: 1986	—	—	D2(b)(i)
BS 8110: Part 1: 1997	1	AMD 9882	D2(b)(ii)
			D4(a)(i)
BS 8110: Part 2: 1985	1	AMD 5914	D2(b)(ii)
			D4(a)(i)
BS 8110: Part 3: 1985	1	AMD 5918	D2(b)(ii)
BS 8118: Part 1: 1991	—	—	D2(b)(v)
BS 8118: Part 2: 1991	—	—	D2(b)(v)

Table B. British Standard Codes of Practice

CP 3: Chapter V: Part 2:	1	AMD 4952	D2(a)(iii)
1972	2	AMD 5152
	3	AMD 5343
	4	AMD 6028
	5	AMD 7908
CP 118: 1969	1	AMD 1129	D2(b)(v)

Table C. Other Publications

Publication	Amendment	Context
(1)	(2)	(3)
DOE (NI) Technical Booklet C: 1994	—	C6
DOE (NI) Technical Booklet D: 1994	AMD1	D2(b)(i), (vi) and (vii)
		D4(b)
		Schedule 2, Rule G
DOE (NI) Technical Booklet E: 1994	AMD1	E3(a), (g), (h), (j) and (m)
		E5
		E7(b)
		E9
		E11
DOE (NI) Technical Booklet F: 1998	—	F3
		F5
		F7
DOE (NI) Technical Booklet G: 1990	AMD1	G3
DOE (NI) Technical Booklet G1: 1994	—	G5
DOE (NI) Technical Booklet H: 1994	AMD1	H4(a) and (b)
		H6(1)
DOE (NI) Technical Booklet K: 1998	—	K3(a)(i) and (b)(i)
		K5
DOE (NI) Technical Booklet L: 1991	AMD1	L3
DOE (NI) Technical Booklet N: 1990	AMD1	N4
		N6
		N8
DOE (NI) Technical Booklet P: 1994	—	P6
DOE (NI) Technical Booklet R: 1994	AMD1	R(3)(b)
		R(5)(b)
		R7
DOE (NI) Technical Booklet V: 1994	—	V2
		V4
EC Directive 89/106/EEC	—	A2(1)
Educational Buildings:—	—
Building Bulletin 7 published by Department of Education and Science: 1988		E3(k)
Education Buildings:—
Department of Education and	—	R3(a)
Science Design Note 18 (1984)		R5(a)
“Access for Disabled People to Educational Buildings”
Hospitals:—
Draft Guide to Fire Precautions in	—	E3(c)(iii)
Hospitals published by the Home Office: 1982
Hospitals:—
Health Technical Memorandum	—	E3(c)(i)
81 published by the Department of Health and Social Security: 1989
Hospitals:—
Nucleus Fire Precautions	—	E3(c)(ii)
Recommendations published by the Department of Health: 1989
Hotels:
Guide to Fire Precautions in Premises used as Hotels and Boarding Houses which require a Fire Certificate, published by the Home Office: 1991	—	E3(f)
Houses in multiple occupation:—
DOE Circular 12/92 published by the Department of the Environment: 1992	—	E3(e)
LPG:—
Health and Safety Guidance Booklet	—	L6
HS(G)34 published by the Health and Safety Executive: 1987		L8
Residential Care:—
Draft Guide to Fire Precautions in Existing Residential Care Premises published by the Home Office: 1983	—	E3(d)(ii)
Residential Care:—
Health Technical Memorandum 88 published by the Department of Health and Social Security: 1986	—	E3(d)(i)
SAP energy rating:—
The Government’s Standard Assessment Procedure for Energy Rating of Dwellings: 1996 edition published by the Building Research Establishment	—	A2(1)
Sports Grounds:—
Guide to Safety at Sports Grounds published by Home Office: 1990	—	E3(i)

Explanatory Note

(This note is not part of the Regulations.)

These regulations further amend the Building Regulations (Northern Ireland) 1994 (“the principal Regulations”). They come into operation on 1 April 1999. They do not apply to work which has been completed, or for which plans have been deposited with a district council, before that date.

These regulations were notified in draft to the European Commission in accordance with Directive 83/189/EEC (1983 O.J. L109/8) (as amended).

These regulations introduce new Parts D (Structure), F (Conservation of fuel and power) and K (Ventilation) which revise the existing Parts D, F and K of the principal Regulations.

These new Parts introduce the following changes of substance—

(a) instead of requiring that the design, dead, imposed and wind loads of a building be calculated in a particular way, the new Part D allows the use of other methods of calculation;

(b) in the new Part F requirements have been added in relation to artificial lighting systems and the requirements of that Part are now supplemented by a new Technical Booklet in place of the former documentary standards describing methods or materials which are deemed to satisfy those requirements; and

(c) in the new Part K requirements have been added in relation to non-domestic buildings and the requirements of that Part is also supplemented by a new Technical Booklet.

Apart from these, the main changes to the principal Regulations are as follows—

1.  Provision is added allowing for the calculation of the so-called SAP energy rating for the energy efficiency of dwellings. A SAP energy rating is now required when a dwelling is constructed and must be submitted along with the plans or building notice and on completion.

2.  Part F is applied wherever a change of use occurs in relation to any building.

3.  Schedule 3 is updated to include references to the publications which are, for the first time, included in these regulations.

The publications referred to in these Regulations may be obtained from the following sources—

(a) British Standards and British Standard Codes of Practice, from the Sales Department, British Standards Institution, Linford Wood, Milton Keynes MK14 6LE;

(b) The Government’s Standard Assessment Procedure for energy rating of dwellings: 1996 edition, from the Building Research Establishment, Garston, Watford WD2 7JR; and

(c) DOE (NI) Technical Booklets, from branches of The Stationery Office.

(1)

S.I. 1979/1709 (N.I. 16) as amended by S.I. 1990/1510 (N.I. 14)

(2)

S.I. 1982/338 (N.I. 6) Article 5 and Schedule 1, Part II

(3)

S.R. 1994 No. 243 as amended by S.R. 1995 No. 473 and S.R. 1997 No. 481