The Building (Amendment) Regulations (Northern Ireland) 2006

Regulation 8

SCHEDULE 1 Part to be substituted for Part F (Conservation of fuel and power) of the principal Regulations

Part F Conservation of fuel and power

Application and interpretation

F1—(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 dwelling separately.

(2) Regulations F2, F3 and F4 shall not apply to a building or part of a building other than a dwelling which—

(a) in the case of a building used 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

(b) 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 F3 shall apply to any building or part of a building other than an extension to—

(a) a dwelling; or

(b) a building other than a dwelling, where the extension has a total useful floor area of—

(i) 100 m² or less; and

(ii) 25% or less of the total useful floor area of the existing building.

(4) In this Part—

• BER means the Building carbon dioxide Emissions Rate measured in kilograms of carbon dioxide per square metre of floor area per year;

• DER means the Dwelling carbon dioxide Emissions Rate measured in kilograms of carbon dioxide per square metre of floor area per year;

• DWELLING means a house, flat or maisonette which is a self-contained unit designed to be used solely to accommodate a single household;

• FIXED BUILDING SERVICE means any part of, or any controls associated with—

  (a)

  fixed internal or external lighting systems, but does not include emergency escape lighting or specialist process lighting; or

  (b)

  fixed systems for heating, hot water service, air conditioning or mechanical ventilation;

• NATIONAL CALCULATION METHODOLOGY means—

  (a)

  in relation to a dwelling — SAP;

  (b)

  in relation to a building other than a dwelling—

  (i)

  SBEM;

  (ii)

  IES “Virtual Environment” software, version 5.5; or

  (iii)

  EDSL TAS software, version 9.0.9;

• PIPES, DUCTS AND STORAGE VESSELS means any pipe, any duct and any storage vessel in a space heating or space cooling system which is intended to carry a heated or chilled liquid or gas, and includes associated fittings;

• SPACE HEATING SYSTEM does not include a system or that part of a system which heats or stores water solely for a commercial or industrial process;

• TER means the Target carbon dioxide Emissions Rate measured in kilograms of carbon dioxide per square metre of floor area per year; and

• TOTAL USEFUL FLOOR AREA means the total area of all enclosed spaces measured to the inside face of the external walls, that is, the gross floor area, and in the case of sloping surfaces such as staircases, galleries, raked auditoria and tiered terraces shall be taken as their area on plan but shall exclude areas that are not enclosed such as open floors, covered ways and balconies.

Conservation measures

F2  Reasonable provision shall be made for the conservation of fuel and power in any building by—

(a) limiting heat gains and losses—

(i) through thermal elements and other parts of the building fabric; and

(ii) from pipes, ducts and storage vessels;

(b) providing energy efficient fixed building services with effective controls; and

(c) commissioning the energy efficient fixed building services prior to the completion of the building work.

Target carbon dioxide Emissions Rate

F3—(1) Without prejudice to the requirements of regulation F2, where a building is to be erected a Target carbon dioxide Emissions Rate (TER) for that building shall be calculated using a National Calculation Methodology.

(2) The building shall be so designed and constructed as not to exceed its calculated Target carbon dioxide Emissions Rate (TER).

Provision of information

F4  Reasonable provision shall be made to ensure that the owner of the building is provided with sufficient information about the building, the fixed building services and their maintenance requirements so that the building can be operated and maintained to maximise its design potential for the conservation of fuel and power.

Deemed-to-satisfy provisions for regulations F2, F3 and F4

F5—(1) The requirements of regulation F2 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table F opposite the reference to that regulation, if—

(a) the heat gains and losses through thermal elements and other parts of the building fabric and from pipes, ducts and storage vessels are limited in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4); and

(b) energy efficient fixed building services with effective controls are provided and commissioned in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

(2) The requirements of regulation F3 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table F opposite the reference to that regulation, if—

(a) a Target carbon dioxide Emissions Rate (TER) for the building is calculated using an approved National Calculation Methodology in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4); and

(b) the building as erected does not exceed its calculated Target carbon dioxide Emissions Rate (TER) when checked in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

(3) The requirements of regulation F4 shall be deemed to be satisfied in the case of a building specified in column (2) of Table F opposite the reference to that regulation, if the information provided is in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

Regulation 9

SCHEDULE 2 Part to be substituted for Part L (Heat-producing appliances and liquefied petroleum gas installations) of the principal Regulations

Part L Combustion appliances and fuel storage systems

Application and interpretation

L1—(1) In this part—

COMBUSTION APPLIANCE means a fixed appliance (including a cooker) which—

(a) is designed to burn solid fuel, gas or oil; or

(b) is an incinerator.

(2) Any provision in regulations L2, L3, L4, L5 and L8 which applies to a combustion appliance, shall also apply where solid fuel is intended to burn directly on a hearth without the installation of any appliance.

(3) Regulation L6 shall only apply to a liquid fuel storage tank and connecting pipework located outside the building, which serves a fixed combustion appliance within the building and which is—

(a) a fixed oil storage tank with a capacity greater than 90 litres; or

(b) a fixed liquefied petroleum gas storage tank with a capacity greater than 150 litres.

(4) Regulation L7 shall only apply to a fixed oil storage tank, which serves a dwelling and to which any one of the following applies—

(a) it has a capacity of more than 2500 litres but less than 3500 litres;

(b) it is located within 10 m of inland freshwaters or coastal waters;

(c) it is located within 50 m of a source of potable water, such as a well, bore-hole or spring;

(d) it is located where spilled oil from the installation could reach the waters in (b) or (c) by running across hard ground;

(e) it is located where spillage could run into an open drain or loose fitting manhole cover; or

(f) it is located where the tank vent pipe outlets cannot be seen from the intended filling point.

Air supply

L2  A combustion appliance shall be so installed as to receive a sufficient supply of air to ensure the safe and efficient operation of the combustion appliance and any connected flue.

Discharge of products of combustion

L3  A combustion appliance shall be so installed and any connected flue-pipe, flue or chimney shall be so constructed and installed as to ensure that the products of combustion are discharged to the external air without causing a hazard to the health of any person.

Protection of people and buildings

L4—(1) A combustion appliance shall be so installed and any connected flue-pipe, flue or chimney shall be so constructed and installed as to ensure that their use shall not cause—

(a) burns to any person; or

(b) damage to a building by heat or fire.

(2) A hearth or fireplace recess shall be so designed and constructed as to prevent damage to a building by heat or fire as a result of the operation of a combustion appliance installed in it or on it.

Provision of information

L5  Where a hearth, fireplace, flue or chimney is provided or extended, a durable notice containing information on its performance capabilities shall be affixed to a suitable place in the building for the purpose of enabling a compatible combustion appliance to be safely connected to that hearth, fireplace, flue or chimney.

Protection of liquid fuel storage tanks

L6  Reasonable provision shall be made to ensure that a liquid fuel storage tank and connecting pipework is so constructed and separated from adjacent buildings and the boundary of the premises as to reduce to a reasonable level the risk of the fuel contained inside it igniting in the event of a fire occurring in adjacent buildings or premises.

Protection against pollution

L7  An oil storage tank and connecting pipework shall be so constructed and protected as to minimise the risk of an escape of oil causing pollution to the environment.

Prevention of smoke emission

L8  A combustion appliance installed in a building for the purpose of heating or cooking, and which discharges its combustion products to the external air shall be capable of, or readily adaptable to, the burning of fuel smokelessly, unless it is—

(a) a furnace which complies with Article 5 of the Clean Air (Northern Ireland) Order 1981(1) (which requires that new furnaces shall so far as practicable be smokeless); or

(b) an appliance of a class exempted conditionally or unconditionally from the provisions of Article 17 of the Clean Air (Northern Ireland) Order 1981(1) (which relates to smoke control areas) by any order for the time being in force under paragraph (7) of that Article.

Deemed-to-satisfy provisions for regulations L2, L3, L4, L5, L6 and L7

L9—(1) The requirements of regulations L2, L3 and L4 shall be deemed to be satisfied, in the case of a combustion appliance specified in column (2) of Part 1 of Table L opposite the reference to that regulation, if the combustion appliance and its associated construction is designed, constructed and installed in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

(2) The requirements of regulation L5 shall be deemed to be satisfied, in the case of the aspect specified in column (2) of part 2 of Table L opposite the reference to that regulation, if the information is provided in accordance with the notice template specified in the publication specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

(3) The requirements of regulation L6 shall be deemed to be satisfied, in the case of the aspect specified in column (2) of part 2 of Table L opposite the reference to the regulation, if the tank is sited or protected in accordance with the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

(4) The requirements of regulation L7 shall be deemed to be satisfied, in the case of the aspect specified in column (2) of part 2 of Table L opposite the reference to regulation, if the tank is sited or protected in accordance with the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

Regulation 10

SCHEDULE 3 Part to be substituted for Part R (Access and facilities for disabled people) of the principal Regulations

Part R Access to and use of buildings

Application and interpretation

R1—(1) Subject to paragraphs (2), (3) and (4) this Part shall apply to any building or part of a building.

(2) This Part shall not apply to—

(a) any garage or outbuilding associated with a dwelling;

(b) any part of a building which is used solely to enable the building or any service or fitting in the building to be inspected, maintained or repaired; and

(c) the alteration or extension of an existing dwelling to which this Part did not apply when the dwelling was erected other than where the alteration or extension affects a facility suitable for use by people with an impairment of mobility, hearing or sight, in the existing building.

(3) The requirements of regulation R3 shall not apply to—

(a) a dwelling; and

(b) any building that is being extended where reasonable provision for access to the extension is provided through the building being extended.

(4) The requirements of regulation R4 shall not apply to—

(a) a dwelling; and

(b) an extension to a building where there is provision for suitable sanitary accommodation in the building being extended and all users of the extension can gain access to and use that sanitary accommodation.

(5) In this Part—

• DWELLING means a house, flat or maisonette;

• ENTRANCE STOREY in a dwelling means the storey which contains the principal entrance for the dwelling;

• INDEPENDENT ACCESS to a part of or extension to a building means a route of access to that part or extension which does not require the user to pass through any other part of the building;

• PRINCIPAL ENTRANCE in relation to a dwelling means the entrance a visitor (not familiar with the dwelling) will normally expect to use to enter it;

• PRINCIPAL STOREY in a dwelling means the storey nearest to the entrance storey which contains a habitable room, or if there are two such storeys equally near, either such storey;

• SANITARY ACCOMMODATION has the meaning assigned to it by regulation P1; and

• SANITARY CONVENIENCE means a water closet and wash-hand basin.

Access and use

R2  Reasonable provision shall be made for people to have access to, into, within and to use a building and its facilities:

Provided that in a dwelling this requirement shall be limited to the entrance storey or, where that storey contains no habitable room, to the principal storey.

Access to extensions

R3  Reasonable provision shall be made for independent access to an extension to a building.

Sanitary accommodation in extensions

R4  Where sanitary accommodation is provided in a building, reasonable provision shall be made for the provision of suitable sanitary accommodation in any extension to the building.

Sanitary conveniences in dwellings

R5  In a dwelling a sanitary convenience shall be provided—

(a) in the entrance storey; or

(b) where the entrance storey contains no habitable rooms — in the principal storey.

Deemed-to-satisfy provisions for regulations R2, R3, R4 and R5

R6—(1) The requirements of regulation R2 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table R opposite the reference to that regulation, if provision for access to and use of the building complies with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

(2) The requirements of regulation R3 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table R opposite the reference to that regulation, if provision for access to an extension to the building complies with the relevant provisions of the publications specified opposite thereto in column (4).

(3) The requirements of regulation R4 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table R opposite the reference to that regulation, if the sanitary accommodation provided in an extension to the building complies with the relevant provisions of the publications specified opposite thereto in column (4).

(4) The requirements of regulation R5 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table R opposite the reference to that regulation, if the sanitary conveniences provided in the building comply with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

Regulation 14(2)

SCHEDULE 4 Table to be substituted for Table F to Schedule 5 (Deemed-to-satisfy provisions) of the principal Regulations.

Table F

(Conservation of fuel and power)

Regulations	Buildings	Publications	Amendments
(1)	(2)	(3)	(4)
F2 Conservation measures	any dwelling	DFP Technical Booklet F1: 2006	—
	any other building	DFP Technical Booklet F2: 2006	—
F3 Target carbon dioxide Emissions Rate	any dwelling	The Government’s Standard Assessment Procedure for energy rating of dwellings (SAP): 2005 edition	—
	any other building	(a) The Simplified Building Energy Model (SBEM): 2006 edition;	—
		(b) IES “Virtual Environment” software, version 5.5; or	—
		(c) EDSL TAS software, version 9.0.9	—
F4 Provision of information	any dwelling	DFP Technical Booklet F1: 2006	—
	any other building	DFP Technical Booklet F2: 2006	—

Regulation 14(3)

SCHEDULE 5 Table to be substituted for Table H to Schedule 5 (Deemed-to-satisfy provisions) of the principal Regulations

Table H

(Stairs, ramps, guarding and protection from impact)

Regulations	Elements	Publications	Amendments
(1)	(2)	(3)	(4)
Note—
# Providing access solely for the purpose of maintenance
H3 Stairs, ladders, ramps and landings	stair	DFP Technical Booklet H: 2006: Sections 1 and 2	—
	ramp and landing	DFP Technical Booklet H: 2006: Sections 1 and 3	—
	spiral or helical stair in a dwelling	BS 5395: Part 2: 1984	AMD 6076
	ladder or stair#	(a) BS 5395: Part 3: 1985; or	AMD 14247
		(b) BS 4211: 2005	—
H4 Guarding	spiral or helical stair in a dwelling	BS 5395: Part 2: 1984	AMD 6076
	ladder or stair#	(a) BS 5395: Part 3: 1985; or	AMD 14247
		(b) BS 4211: 1994	—
	vehicle barrier	BS 6180: 1999	AMD 13292
	any other barrier	DFP Technical Booklet H: 2006: Sections 1 and 4	—
H5 Vehicle loading bays	vehicle loading bay	DFP Technical Booklet H: 2006: Section 5	—
H6 Protection against impact from and trapping by doors	door or gate	DFP Technical Booklet H: 2006: Section 6	—
H7 Protection from collision with open windows, skylights or ventilators	open window, skylight or ventilator	DFP Technical Booklet H: 2006: Section 7	—

Regulation 14(4)

SCHEDULE 6 Table to be substituted for Table L to Schedule 5 (Deemed-to-satisfy provisions) of the principal Regulations

Table L

(Combustion appliances and fuel storage systems)

Part 1

Regulations	Appliances	Publications	Amendments
(1)	(2)	(3)	(4)
L2 Air supply	Solid fuel having a rated heat output up to 50 kW	(a) DFP Technical Booklet L: 2006: Sections 0, 1 and 2; or	—
		(b) BS 8303-1: 1994	—
	Gas having a rated heat input up to 70k W (nett)	(a) DFP Technical Booklet L: 2006: Sections 0, 1 and 3; or	—
		(b) BS 5440-2: 2000	AMD 13368 AMD 14912
	Oil having a rated heat output up to 45 kW	(a) DFP Technical Booklet L: 2006: Sections 0, 1 and 4; or	—
		(b) BS 5410-1: 1997	AMD 11022 AMD 13155
L3 Discharge of products of combustion	Solid fuel having a rated heat output up to 50 kW	(a) DFP Technical Booklet L: 2006: Sections 0, 1 and 2; or	—
		(b) BS 8303-1: 1994	—
	Gas having a rated heat input up to 70 kW (nett)	(a) DFP Technical Booklet L: 2006: Sections 0, 1 and 3; or	—
		(b) BS 5440-2: 2000	AMD 13368 AMD 14912
	Oil having a rated heat output up to 45 kW	(a) DFP Technical Booklet L: 2006: Sections 0, 1 and 4; or	—
		(b) BS 5410-1: 1997	AMD 11022 AMD 13155
L4 Protection of people and buildings	Solid fuel having a rated heat output up to 50 kW	(a) DFP Technical Booklet L: 2006: Sections 0, 1 and 2; or	—
		(b) BS 8303-1: 1994	—
	Gas having a rated heat input up to 70 kW (nett)	(a) DFP Technical Booklet L: 2006: Sections 0, 1 and 3; or	—
		(b) BS 5440-2: 2000	AMD 13368 AMD 14912
	Oil having a rated heat output up to 45 kW	(a) DFP Technical Booklet L: 2006: Sections 0, 1 and 4; or	—
		(b) BS 5410-1: 1997	AMD 11022 AMD 13155

Part 2

Regulations	Aspects	Publications	Amendments
(1)	(2)	(3)	(4)
L5 Provision of information	Technical information regarding the hearth, fireplace, flue and/or chimney	DFP Technical Booklet L: 2006: Sections 0 and 1	—
L6 Protection of liquid fuel storage tanks	Gas (LPG)	(a) DFP Technical Booklet L: 2006: Sections 0 and 5; or	—
		(b) BS 5440-2: 2000	AMD 13368 AMD 14912
	Oil	(a) DFP Technical Booklet L: 2006 Sections 0 and 5; or	—
		(b) BS 5410-1: 1997	AMD 11022 AMD 13155
L7 Protection against pollution	Oil tank located above ground	DFP Technical Booklet L: 2006: Sections 0 and 5	—

Regulation 14(5)

SCHEDULE 7 Table to be substituted for Table R to Schedule 5 (Deemed-to-satisfy provisions) of the principal Regulations

Table R

(Access to and use of buildings)

Regulations	Buildings	Publications	Amendments
(1)	(2)	(3)	(4)
R2 Access and use	a dwelling	DFP Technical Booklet R: 2006: Sections 1, 7, 8 and 11	—
	a block of dwellings	DFP Technical Booklet R: 2006: Sections 1, 7, 9 and 11	—
	any other building or part of a building	DFP Technical Booklet R: 2006: Sections 1, 2, 3, 4, 5 and 6	—
R3 Access to extensions	any building other than a dwelling	DFP Technical Booklet R: 2006: Sections 1, 2 and 3	—
R4 Sanitary accommodation in extensions	any building other than a dwelling	DFP Technical Booklet R: 2006: Sections 1 and 6	—
R5 Sanitary conveniences in dwellings	a dwelling	DFP Technical Booklet R: 2006: Sections 1 and 10	—

Regulation 14(6)

SCHEDULE 8 Table to be substituted for Table V to Schedule 5 (Deemed-to-satisfy provisions) of the principal Regulations

Table V

(Glazing)

Regulations	Buildings	Publications	Amendments
(1)	(2)	(3)	(4)
V2 Impact with glazing	any building	DFP Technical Booklet V: 2000: Sections 1 and 2	AMD 3
V3 Transparent glazing	any building other than a dwelling	DFP Technical Booklet V: 2000: Section 3	AMD 3
V4 Safe opening and closing of windows, skylights and ventilators	any building	DFP Technical Booklet V: 2000: Section 4	AMD 3
V5 Safe means of access for cleaning glazing	any building	DFP Technical Booklet V: 2000: Section 5	AMD 3

(1)

S.I. 1981 No. 158 (N.I. 4)