The Building Regulations 1991

PART I General

Citation and commencement

1.—(1) These Regulations may be cited as the Building Regulations 1991 and shall come into force on 1st June 1992.

Interpretation

2.—(1) In these Regulations unless the context otherwise requires–

“the Act” means the Building Act 1984;

“building” means any permanent or temporary building but not any other kind of structure or erection, and a reference to a building includes a reference to part of a building;

“building notice” means a notice given in accordance with regulations 11(1)and 12;

“building work” has the meaning given in regulation 3(1);

“Construction Products Directive” means the Council Directive 89/106/EEC on the approximation of laws, regulations and administrative provisions of the member States relating to construction products(1);

“controlled service or fitting” means a service or fitting in relation to which Part G, H or J of Schedule 1 imposes a requirement;

“dwelling” includes a dwelling-house and a flat;

“dwelling-house” does not include a flat or a building containing a flat;

“European technical approval” means a favourable technical assessment of the fitness for use of a construction product for an intended use, issued for the purposes of the Construction Products Directive by a body authorised by a member State to issue European technical approvals for those purposes and notified by that member State to the European Commission;

“flat” means separate and self-contained premises constructed or adapted for use for residential purposes and forming part of a building from some other part of which it is divided horizontally;

“floor area” means the aggregate area of every floor in a building or extension, calculated by reference to the finished internal faces of the walls enclosing the area, or if at any point there is no such wall, by reference to the outermost edge of the floor;

“full plans” means plans deposited with a local authority for the purposes of section 16 of the Act in accordance with regulations 11(1)(b) and 13;

“harmonized standard” means a standard established as mentioned in the Construction Products Directive by the European standards organisation on the basis of a mandate given by the Commission of the European Economic Community and published by the Commission in the Official Journal of the European Communities;

“height” means the height of the building 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;

“institution” means an institution (whether described as a hospital, home, school or other similar establishment) which is used as living accommodation for, or for the treatment, care or maintenance of persons–

(a)

suffering from disabilities due to illness or old age or other physical or mental incapacity, or

(b)

under the age of five years,

where such persons sleep on the premises;

“material alteration” has the meaning given in regulation 3(2);

“material change of use” has the meaning given in regulation 5;

“shop” includes premises–

(a)

used for the sale to members of the public of food or drink for consumption on or off the premises,

(b)

used for retail sales by auction to members of the public,

(c)

used by members of the public as a barber or hairdresser, or for the hiring of any item, and

(d)

where members of the public may take goods for repair or other treatment.

(2) In these Regulations “public building” means a building consisting of or containing–

(a) a theatre, public library, hall or other place of public resort;

(b) a school or other educational establishment not exempted from the operation of building regulations by virtue of section 4(1)(a) of the Act; or

(c) a place of public worship;

but a building is not to be treated as a place of public resort because it is, or it contains, a shop, storehouse or warehouse, or is a dwelling to which members of the public are occasionally admitted.

(3) Any reference in these Regulations to a numbered regulation, Part or Schedule is a reference to the regulation, Part or Schedule so numbered in these Regulations.

PART II CONTROL OF BUILDING WORK

Meaning of building work

3.—(1) In these Regulations “building work” means–

(a) the erection or extension of a building;

(b) the provision or extension of a controlled service or fitting in or in connection with a building;

(c) the material alteration of a building, or a controlled service or fitting, as mentioned in paragraph (2);

(d) work required by regulation 6 (requirements relating to material change of use);

(e) the insertion of insulating material into the cavity wall of a building;

(f) work involving the underpinning of a building.

(2) An alteration is material for the purposes of these Regulations if the work, or any part of it, would at any stage result–

(a) in a building or controlled service or fitting not complying with a relevant requirement where previously it did; or

(b) in a building or controlled service or fitting which before the work commenced did not comply with a relevant requirement, being more unsatisfactory in relation to such a requirement.

(3) In paragraph (2) “relevant requirement” means any of the following applicable requirements of Schedule 1, namely

• Part A (structure)

• paragraph B1 (means of escape)

• paragraph B3 (internal fire spread – structure)

• paragraph B4 (external fire spread)

• paragraph B5 (access and facilities for the fire service)

• Part M (access and facilities for disabled people).

Requirements relating to building work

4.—(1) Building work shall be carried out so that–

(a) it complies with the relevant requirements contained in Schedule 1; and

(b) in complying with any such requirement there is no fai1ure to comply with any other such requirement.

(2) Building work shall be carried out so that, after it has been completed–

(a) any building which is extended or to which a material alteration is made;

(b) any building in, or in connection with, which a controlled service or fitting is provided, extended or materially altered;

(c) any controlled service or fitting,

complies with the relevant requirements of Schedule 1 or, where it did not comply with any such requirement, is no more unsatisfactory in relation to that requirement than before the work was carried out.

Meaning of material change of use

5.  For the purposes of paragraph 8(1)(e) of Schedule 1 to the Act and for the purposes of these Regulations, there is a material change of use where there is a change in the purposes for which or the circumstances in which a bui1ding is used, so that after that change–

(a) the building is used as a dwelling, where previously it was not;

(b) the building contains a flat, where previously it did not;

(c) the building is used as a hotel or boarding house, where previously it was not;

(d) the building is used as an institution, where previously it was not;

(e) the building is used as a public building, where previously it was not; or

(f) the building is not a building described in Classes I to VI in Schedule 2, where previously it was.

Requirements relating to material change of use

6.—(1) Where there is a material change of use of the whole of a building, such work, if any, shall be carried out as is necessary to ensure that the building complies with the relevant requirements of the following paragraphs of Schedule 1–

(a) in all cases,

• B1 (means of escape)

• B2 (internal fire spread – linings)

• B3 (internal fire spread – structure)

• B4(2) (external fire spread – roofs)

• B5 (access and facilities for the fire service)

• F1 and F2 (ventilation)

• G1 (sanitary conveniences and washing facilities)

• G2 (bathrooms)

• H4 (solid waste storage)

• J1 to J3 (heat producing appliances);

  (b)

  in the case of a material change of use described in regulation 5(c), (d), (e) and (f), A1 to A4 (structure);

  (c)

  in the case of a building exceeding fifteen metres in height, B4(1) (external fire spread – walls);

  (d)

  in the case of a material change of use described in regulation 5(a), C4 (resistance to weather and ground moisture); and

  (e)

  in the case of a material change of use described in regulation 5(a) or (b), E1 to E3 (resistance to the passage of sound).

(2) Where there is a material change of use of part only of a building, such work, if any, shall be carried out as is necessary to ensure that–

(a) that part complies in all cases with any relevant requirement referred to in paragraph (1)(a);

(b) in a case to which sub-paragraphs (b), (d) or (e) of paragraph (1) apply, that part complies with the requirements referred to in the relevant sub-paragraph; and

(c) in a case to which sub-paragraph (c) of paragraph (1) applies, the whole building complies with the requirement referred to in that sub-paragraph.

Materials and workmanship

7.—(1) So much of any building work as is required to comply with any relevant requirement of Schedule 1 shall be carried out–

(a) with proper materials which are appropriate for the circumstances in which they are used; and

(b) in a workmanlike manner.

(2) Subject to paragraph (1), “proper materials” shall include materials which–

(a) bear an appropriate EC Mark in accordance with the Construction Products Directive; or

(b) conform to an appropriate harmonized standard or European technical approval; or

(c) conform to an appropriate British Standard or British Board of Agrément certificate; or

(d) conform to some other national technical specification of any member State which provides, in use, an equivalent level of protection and performance, with respect to the relevant requirements of Schedule 1, as an appropriate British Standard or British Board of Agrément certificate.

Limitation on requirements

8.  Parts A to K and N of Schedule 1 shall not require anything to be done except for the purpose of securing reasonable standards of health and safety for persons in or about buildings (and any others who may be affected by buildings, or matters connected with buildings).

Exempt buildings and work

9.  These Regulations do not apply to–

(a) the erection of any building or extension of a kind described in Schedule 2; or

(b) the carrying out of any work to or in connection with such a building or extension, if after the carrying out of that work it is still a building or extension of a kind described in that Schedule.

PART III RELAXATION OF REQUIREMENTS

Power to dispense with or relax requirements

10.—(1) The Secretary of State’s power under section 8(1) of the Act to dispense with or relax any requirement contained in these Regulations shall be exercisable by the local authority.

(2) Any notification by the local authority to an applicant that they have refused his application to dispense with or relax any requirement of these regulations shall inform the applicant of the effect of section 39(1) and (3) of the Act (appeal against refusal etc. to relax building regulations).

PART IV NOTICES AND PLANS

Giving of a building notice or deposit of plans

11.—(1) Subject to the following provisions of this regulation, a person who intends to carry out building work or to make a material change of use shall–

(a) give to the local authority a building notice in accordance with regulation 12; or

(b) deposit full plans with the local authority in accordance with regulation 13.

(2) A person shall deposit full plans where he intends to carry out building work in relation to a building put or intended to be put to a use which is a designated use for the purposes of the Fire Precautions Act 1971(2).

(3) A person who intends to carry out building work consisting only of the installation of a heat-producing gas appliance is not required to give a building notice or deposit full plans if the appliance is to be installed by a person, or an employee of a person, approved in accordance with regulation 3 of the Gas Safety (Installation and Use) Regulations 1984(3).

(4) Where regulation 18 of the Building (Approved Inspectors etc.) Regulations 1985(4) (local authority powers in relation to partly completed work) applies, the owner shall comply with the requirements of that regulation instead of with this regulation.

(5) For the purposes of sections 219 to 225 of the Highways Act 1980(5) (the advance payments code)–

(a) the giving of a building notice accompanied by such plans as are referred to in regulation 12 (2) shall be treated as the deposit of plans;

(b) the plans accompanying a building notice shall he treated as the deposited plans; and

(c) the receipt of a building notice shall be treated as the passing of those plans.

Particulars and plans where a building notice is given

12.—(1) A building notice shall state the name and address of the person intending to carry out the work and shall be signed by him or on his behalf, and shall contain or be accompanied by–

(a) a statement that it is given in accordance with regulation 11(1)(a);

(b) a description of the proposed building work or material change of use; and

(c) particulars of the location of the building to which the proposal relates and the use or intended use of that building.

(2) In the case of the erection or extension of a building, a building notice shall be accompanied by–

(a) a plan to a scale of not less than 1:1250 showing–

(i) the size and position of the building, or the building as extended, and its relationship to adjoining boundaries;

(ii) the boundaries of the curtilage of the building, or the building as extended, and the size, position and use of every other building or proposed building within that curtilage;

(iii) the width and position of any street on or within the boundaries of the curtilage of the building or the building as extended;

(b) a statement specifying the number of storeys (each basement level being counted as one storey), in the building to which the proposal relates; and

(c) particulars of–

(i) the provision to be made for the drainage of the building or extension;

(ii) the precautions to be taken in building over a drain, sewer or disposal main as mentioned in section 18 of the Act(6) (building over sewers etc.); and

(iii) the steps to be taken to comply with any local enactment which applies.

(3) In the case of building work which involves the insertion of insulating material into the cavity walls of a building, a building notice shall be accompanied by a statement as to–

(a) the name and type of insulating material to be used;

(b) whether or not the insulating material is approved by the British Board of Agrément or conforms to a British Standard specification;

(c) whether or not the installer is a person who is the subject of a British Standards Institution Certificate of Registration or has been approved by the British Board of Agrément for the insertion of that material.

(4) Where building work involves the provision of a hot water storage system in relation to which paragraph G3 in Schedule 1 (hot water storage) imposes a requirement, a building notice shall be accompanied by a statement which specifies–

(a) the name, make, model and type of hot water storage system to be installed;

(b) the name of the body, if any, which has approved or certified that the system is capable of performing in a way which satisfies the requirements of paragraph G3 of Schedule l;

(c) the name of the body, if any, which has issued any current registered operative identity card to the installer or proposed installer of the system.

(5) Where a building notice has been given, a person carrying out building work or making a material change of use shall give the local authority, within such time as they specify, such plans as are, in the particular case, necessary for the discharge of their functions in relation to building regulations and are specified by them in writing.

(6) Subject to regulation 11(5) neither a building notice nor plans which accompany it or are given under paragraph (5) are to be treated for the purposes of section 16 of the Act as having been deposited in accordance with building regulations.

(7) A building notice shall cease to have effect on the expiry of three years from the date on which that notice was given to the local authority, unless before the expiry of that period–

(a) the building work to which the notice relates was commenced; or

(b) the material change of use described in the notice was made.

Full plans

13.—(1) Full plans shall be accompanied by a statement that they are deposited in accordance with regulation 11(1)(b).

(2) Full plans shall be deposited in duplicate, of which the local authority may retain one copy, and where Part B (Fire safety) imposes a requirement in relation to proposed building work, a further two copies of any such plans as demonstrate compliance with those requirements shall be deposited, both of which may be retained by the local authority.

(3) Full plans shall consist of–

(a) a description of the proposed building work or material change of use, and the plans, particulars and statements required by paragraphs (1) to (4) of regulation 12; and

(b) any other plans which are necessary to show that the work would comply with these regulations.

(4) Full plans shall be accompanied by a statement as to whether the building is put or is intended to be put to a use which is a designated use for the purpose of the Fire Precautions Act 1971(7).

(5) Full plans may be accompanied by a request from the person carrying out building work that on completion of the work he wishes the local authority to issue a completion certificate in accordance with regulation 15.

Notice of commencement and comp1etion of certain stages of work

14.—(1) A person who proposes to carry out building work shall not commence that work unless–

(a) he has given the local authority notice that he intends to commence work; and

(b) at least two days have elapsed since the end of the day on which he gave the notice.

(2) A person carrying out building work shall not–

(a) cover up any excavation for a foundation, any foundation, any damp-proof course or any concrete or other material laid over a site; or

(b) cover up in any way any drain or sewer to which these Regulations apply, unless he has given the local authority notice that he intends to commence that work, and at least one day has elapsed since the end of the day on which he gave the notice.

(3) A person who has laid, haunched or covered any drain or sewer in respect of which Part H of Schedule 1 (drainage and waste disposal) imposes a requirement shall give notice to that effect to the local authority not more than five days after the completion of the work.

(4) A person carrying out building work shall, not more than five days after that work has been completed, give the local authority notice to that effect.

(5) Where a building is being erected, and that building (or any part of it) is to be occupied before completion, the person carrying out that work shall give the local authority at least five days notice before the building or any part of it is occupied.

(6) Where a person fails to comply with paragraphs to (3), he shall comply within a reasonable time with any notice given by the local authority requiring him to cut into, lay open or pull down so much of the work as prevents them from ascertaining whether these regulations have been complied with.

(7) If the local authority have given notice specifying the manner in which any work contravenes the requirements in these Regulations, a person who has carried out any further work to secure compliance with these Regulations shall within a reasonable time after the completion of such further work give notice to the local authority of its completion.

(8) In this regulation “day” means any period of 24 hours commencing at midnight and excludes any Saturday, Sunday, Bank holiday or public holiday.

Completion certificates

15.  –

(1) A local authority shall give a completion certificate in accordance with this regulation where–

(a) they receive a notice under regulation 14(4) or (5) that building work has been completed, or, that a building has been partly occupied before completion; and

(b) they have either–

(i) been notified in accordance with regulation 13(4) that the building is put or is intended to be put to a use which is a designated use for the purposes of the Fire Precautions Act 1971, or

(ii) been requested to do so in accordance with regulation 13(5).

(2) Where in relation to any building work or, as the case may be, to any part of a building which has been occupied before completion, a local authority have been able to ascertain, after taking all reasonable steps in that behalf, that the relevant requirements of Schedule 1 specified in the certificate have been satisfied, they shall give a certificate to that effect.

(3) In this regulation the relevant requirements mean–

(a) in a case mentioned in paragraph (1)(b)(i), the requirements of Part B of Schedule 1 (fire safety); and

(b) in a case mentioned in paragraph (1)(b)(ii), any applicable requirements of Schedule 1.

(4) A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the relevant requirements specified in the certificate have been complied with.

PART V MISCELLANEOUS

Testing of drains and private sewers

16.  The local authority may make such tests of any drain or private sewer as may he necessary to establish whether it complies with any of the requirements of Part H of Schedule 1 (drainage and waste disposal).

Sampling of material

17.  The local authority may take such samples of the material to be used in the carrying out of building work as may be necessary to enable them to ascertain whether such materials comply with the provisions of these Regulations.

Supervision of building work otherwise than by local authorities

18.—(1) Regulations 11, 14, 15, 16 and 17 shall not apply in respect of any work specified in an initial notice given under section 47 of the Act (giving and acceptance of initial notice in relation to the supervision of plans and work by approved inspectors), or a public body’s notice given under section 54 of the Act (giving, acceptance and effect of public body’s notice), which is in force.

(2) Regulations 16 and 17 shall not apply in respect of any work in relation to which a final certificate given under section 51 of the Act (final certificates), or public body’s final certificate given under paragraph 3 of Schedule 4 to the Act (public body’s final certificate), has been accepted by the local authority.

Revocations

19.  The Regulations specified in Column 1 of Schedule 3 are hereby revoked to the extent mentioned in Column 3.

Transitional provisions

20.—(1) These Regulations shall not apply where–

(a) before 1st June 1992 a building notice has been given to, or full plans deposited with, a local authority, or an initial notice or a public body’s notice has been given in accordance with sections 47(1) and 54(1) respectively of the Act;

(b) building work is carried out after that date in accordance with any such notice or plans, whether with or without any departure from them; or

(c) before 1st June 1992 any of the events referred to in regulation 4 of the Building (Inner London) Regulations 1985(8)), or regulation 4 of the Building (Inner London) Regulations 1987(9) has occurred (both of these regulations contain transitional provisions),

and the Building Regulations 1985(10), and (as the case may be) the Building (Inner London) Regulations 1985 and 1987, shall continue to apply to such a notice, plans, work, building or structure as if these regulations had not been made.

Contravention of certain regu1ations not to be an offence

21.  Regulation 15 is designated as a provision to which section 35 of the Act (penalty for contravening building regulations) does not apply.

Michael Heseltine

One of Her Majesty’s Principal Secretaries of State.

6th December 1991