The Building Regulations (Amendment) Regulations 1997

Statutory Instruments

1997 No. 1904

BUILDING AND BUILDINGS

The Building Regulations (Amendment) Regulations 1997

Made

31st July 1997

Laid before Parliament

26th August 1997

Coming into force

1st January 1998

The Secretary of State, in exercise of the powers conferred on him by sections 1(1), 3(1) and 126(1) of, and paragraphs 1, 2, 7, 8 and 10 of Schedule 1 to, the Building Act 1984(2) (“the Act”) and of all other powers enabling him in that behalf, after consulting the Building Regulations Advisory Committee and such other bodies as appear to him to be representative of the interests concerned in accordance with section 14(3) of that Act, hereby makes the following Regulations:

Citation and Commencement

1.  These Regulations may be cited as the Building Regulations (Amendment) Regulations 1997 and shall come into force on 1st January 1998.

Amendment of the Building Regulations 1991

2.  Schedule 1 to the Building Regulations 1991(3) (“the principal regulations”) shall be amended as follows.

3.  For Part K (Stairs, Ramps and Guards) there shall be substituted the following Part—

“PART K PROTECTION FROM FALLING, COLLISION AND IMPACT

Stairs, ladders and ramps K1.   Stairs, ladders and ramps shall be so designed, constructed and installed as to be safe for people moving between different levels in or about the building.	Requirement K1 applies only to stairs, ladders and ramps which form part of the building.
Protection from falling K2.— (a) Any stairs, ramps, floors and balconies and any roof to which people have access, and (b) any light well, basement area or similar sunken area connected to a building, shall be provided with barriers where it is necessary to protect people in or about the building from falling.	Requirement K2 (a) applies only to stairs and ramps which form part of the building.
Vehicle barriers and loading bays K3.   — (1) Vehicle ramps and any levels in a building to which vehicles have access, shall be provided with barriers where it is necessary to protect people in or about the building. (2) Vehicle loading bays shall be constructed in such a way, or be provided with such features, as may be necessary to protect people in them from collision with vehicles.
Protection from collision with open windows etc. K.4.   Provision shall be made to prevent people moving in or about the building from colliding with open windows, skylights or ventilators.	Requirement K4 does not apply to dwellings.
Protection against impact from and trapping by doors K5.   — (1) Provision shall be made to prevent any door or gate— (a) which slides or opens upwards, from falling onto any person; and (b) which is powered, from trapping any person. (2) Provision shall be made for powered doors and gates to be opened in the event of a power failure. (3) Provision shall be made to ensure a clear view of the space on either side of a swing door or gate.	Requirement K5 does not apply to— (a) dwellings, or (b) any door or gate which is part of a lift.”

4.  For Part N (Glazing—Materials and Protection) there shall be substituted the following Part—

“PART N GLAZING—SAFETY IN RELATION TO IMPACT, OPENING AND CLEANING

Protection against impact N1.   Glazing, with which people are likely to come into contact whilst moving in or about the building shall— (a) if broken on impact, break in a way which is unlikely to cause injury, or (b) resist impact without breaking; or (c) be shielded or protected from impact.
Manifestation of glazing N2.   Transparent glazing, with which people are likely to come into contact while moving in or about the building, shall incorporate features which make it apparent.	Requirement N2 does not apply to dwellings.
Safe opening and closing of windows etc. N3.   Windows, skylights and ventilators which can be opened by people in or about the building shall be so constructed or equipped that they may be opened, closed or adjusted safely.	Requirement N3 does not apply to dwellings.
Safe access for cleaning windows etc. N4.   Provision shall be made for any windows, skylights, or any transparent or translucent walls, ceilings or roofs to be safely accessible for cleaning.	Requirement N4 does not apply to— (a) dwellings, or (b) any transparent or translucent elements whose surfaces are not intended to be cleaned.”

Transitional Provisions

5.—(1) Subject to paragraph (2), the principal regulations shall continue to apply to any building or building work as if these Regulations had not been made where—

(a) before 1st January 1998 a building notice has been given to, or full plans deposited with, a local authority, or an initial notice, an amendment notice, or a public body’s notice has been given in accordance with sections 47(1), 51A(2) and 54(1) respectively of the Act; and

(b) building work is carried out thereafter in accordance with any such notice or plans whether with or without any departure from them.

(2) Where an initial notice given before 1st January 1998 is varied by an amendment notice given after that date, the principal regulations shall continue to apply as if these regulations had not been made, to so much of the building work as could have been carried out under that initial notice if the amendment notice had not been given.

(3) In this regulation “building work” shall have the same meaning as in the principal regulations.

Signed by authority of the Secretary of State,

Nick Raynsford

Parliamentary Under Secretary of State,

Department of the Environment, Transport and the Regions

31st July 1997

Explanatory Note

(This note is not part of the Regulations)

These Regulations further amend the Building Regulations 1991 (S.I. 1991/2768).

The principal amendments are as follows:—

(a) the existing requirements in paragraphs K1 and K2 of Schedule 1 (which relate respectively to the safety of stairs, ladders and ramps and to the provision of safety features to prevent people from falling) have been extended to apply to stairs etc. which afford access to levels of a building used only for maintenance purposes;

(b) paragraph K3 has been amended to incorporate a new requirement concerning the protection of people from collision with vehicles in loading bays;

(c) paragraph K4 is a new requirement which relates to the protection of people in buildings from collision with open windows, skylights or ventilators;

(d) paragraph K5 is a new requirement which relates to the protection of people in buildings from being struck or trapped by sliding or powered doors or gates or struck by swing doors or gates;

(e) paragraph N3 is a new requirement for the provision of safe means of opening, closing and adjusting windows, skylights and ventilators;

(f) paragraph N4 is a new requirement for the provision of a safe means of access for cleaning windows, skylights and the surfaces of other transparent of translucent elements.

Regulation 5 contains transitional provisions. It provides that the new requirements in Parts K and N of Schedule 1 of the Building Regulations 1991 will not apply to, or in respect of, work mentioned in a notice given to, or full plans deposited with a local authority before the date of coming into force of these regulations; but that the new requirements will apply in respect of varied work mentioned in an amendment notice given after that date, regardless of the date on which the original initial notice was given.

The Secretary of State has approved under section 6 of the Building Act 1984 new documents containing practical guidance with respect to the requirements of Parts K and N. “Part K: Protection from Falling, Collision and Impact” (1998 Edition, ISBN 0 11 753390 4, £5.99) and “Part N: Glazing—Safety in Relation to Impact, Opening and Cleaning” (1998 Edition, ISBN 0 11 753389 0, £4.99) are published by TSO. They are available from the TSO Publications Centre (PO Box 276, London, SW1 5DT) or through booksellers.

(1)

section 126 is cited for the definition “prescribed”.

(2)

1984 c. 55.

(3)

S.I. 1991/2768 amended by S.I. 1992/1180, 1994/1850 and 1995/1356.