The Building (Amendment) Regulations 2001

Regulation 2(12)

SCHEDULE PARTS H, J AND L OF SCHEDULE 1 TO THE BUILDING REGULATIONS 2000, AS SUBSTITUTED BY THESE REGULATIONS

Requirement	Limits on application
PART H DRAINAGE AND WASTE DISPOSAL
Foul water drainage H1.—(1) An adequate system of drainage shall be provided to carry foul water from appliances within the building to one of the following, listed in order of priority— (a) a public sewer; or, where that is not reasonably practicable, (b) a private sewer communicating with a public sewer; or, where that is not reasonably practicable, (c) either a septic tank which has an appropriate form of secondary treatment or another wastewater treatment system; or, where that is not reasonably practicable, (d) a cesspool.	Requirement H1 does not apply to the diversion of water which has been used for personal washing or for the washing of clothes, linen or other articles to collection systems for reuse.
(2) In this Part “foul water” means waste water which comprises or includes— (a) waste from a sanitary convenience, bidet or appliance used for washing receptacles for foul waste; or (b) water which has been used for food preparation, cooking or washing.
Wastewater treatment systems and cesspools H2.—(1) Any septic tank and its form of secondary treatment, other wastewater treatment system or cesspool, shall be so sited and constructed that— (a) it is not prejudicial to the health of any person; (b) it will not contaminate any watercourse, underground water or water supply; (c) there are adequate means of access for emptying and maintenance; and (d) where relevant, it will function to a sufficient standard for the protection of health in the event of a power failure.
(2) Any septic tank, holding tank which is part of a wastewater treatment system or cesspool shall be— (a) of adequate capacity; (b) so constructed that it is impermeable to liquids; and (c) adequately ventilated.
(3) Where a foul water drainage system from a building discharges to a septic tank, wastewater treatment system or cesspool, a durable notice shall be affixed in a suitable place in the building containing information on any continuing maintenance required to avoid risks to health.
Rainwater drainage H3.—(1) Adequate provision shall be made for rainwater to be carried from the roof of the building.
(2) Paved areas around the building shall be so constructed as to be adequately drained.	Requirement H3(2) applies only to paved areas— (a) which provide access to the building pursuant to paragraph M2 of Schedule 1 (access for disabled people); (b) which provide access to or from a place of storage pursuant to paragraph H6(2) of Schedule 1 (solid waste storage); or (c) in any passage giving access to the building, where this is intended to be used in common by the occupiers of one or more other buildings.
(3) Rainwater from a system provided pursuant to sub-paragraphs (1) or (2) shall discharge to one of the following, listed in order of priority— (a) an adequate soakaway or some other adequate infiltration system; or, where that is not reasonably practicable, (b) a watercourse; or, where that is not reasonably practicable, (c) a sewer.	Requirement H3(3) does not apply to the gathering of rainwater for reuse.
Building over sewers H4.—(1) The erection or extension of a building or work involving the underpinning of a building shall be carried out in a way that is not detrimental to the building or building extension or to the continued maintenance of the drain, sewer or disposal main. (2) In this paragraph “disposal main” means any pipe, tunnel or conduit used for the conveyance of effluent to or from a sewage disposal works, which is not a public sewer. (3) In this paragraph and paragraph H5 “map of sewers” means any records kept by a sewerage undertaker under section 199 of the Water Industry Act 1991(1).	Requirement H4 applies only to work carried out— (a) over a drain, sewer or disposal main which is shown on any map of sewers; or (b) on any site or in such a manner as may result in interference with the use of, or obstruction of the access of any person to, any drain, sewer or disposal main which is shown on any map of sewers.
Separate systems of drainage H5.  Any system for discharging water to a sewer which is provided pursuant to paragraph H3 shall be separate from that provided for the conveyance of foul water from the building.	Requirement H5 applies only to a system provided in connection with the erection or extension of a building where it is reasonably practicable for the system to discharge directly or indirectly to a sewer for the separate conveyance of surface water which is— (a) shown on a map of sewers; or (b) under construction either by the sewerage undertaker or by some other person (where the sewer is the subject of an agreement to make a declaration of vesting pursuant to section 104 of the Water Industry Act 1991).
Solid waste storage H6.—(1) Adequate provision shall be made for storage of solid waste. (2) Adequate means of access shall be provided— (a) for people in the building to the place of storage; and (b) from the place of storage to a collection point (where one has been specified by the waste collection authority under section 46 (household waste) or section 47 (commercial waste) of the Environmental Protection Act 1990(2)) or to a street (where no collection point has been specified).

Requirement	Limits on application
PART J COMBUSTION APPLIANCES AND FUEL STORAGE SYSTEMS
Air supply J1.  Combustion appliances shall be so installed that there is an adequate supply of air to them for combustion, to prevent over-heating and for the efficient working of any flue.	Requirements J1, J2 and J3 apply only to fixed combustion appliances (including incinerators).
Discharge of products of combustion J2.  Combustion appliances shall have adequate provision for the discharge of products of combustion to the outside air.
Protection of building J3.  Combustion appliances and flue-pipes shall be so installed, and fireplaces and chimneys shall be so constructed and installed, as to reduce to a reasonable level the risk of people suffering burns or the building catching fire in consequence of their use.
Provision of information J4.  Where a hearth, fireplace, flue or chimney is provided or extended, a durable notice containing information on the performance capabilities of the hearth, fireplace, flue or chimney shall be affixed in a suitable place in the building for the purpose of enabling combustion appliances to be safely installed.
Protection of liquid fuel storage systems J5.  Liquid fuel storage systems and the pipes connecting them to combustion appliances shall be so constructed and separated from buildings and the boundary of the premises as to reduce to a reasonable level the risk of the fuel igniting in the event of fire in adjacent buildings or premises.	Requirement J5 applies only to— (a) fixed oil storage tanks with capacities greater than 90 litres and connecting pipes; and (b) fixed liquefied petroleum gas storage installations with capacities greater than 150 litres and connecting pipes, which are located outside the building and which serve fixed combustion appliances (including incinerators) in the building.
Protection against pollution J6.  Oil storage tanks and the pipes connecting them to combustion appliances shall— (a) be so constructed and protected as to reduce to a reasonable level the risk of the oil escaping and causing pollution; and (b) have affixed in a prominent position a durable notice containing information on how to respond to an oil escape so as to reduce to a reasonable level the risk of pollution.	Requirement J6 applies only to fixed oil storage tanks with capacities of 3,500 litres or less, and connecting pipes, which are— (a) located outside the building; and (b) serve fixed combustion appliances (including incinerators) in a building used wholly or mainly as a private dwelling, but does not apply to buried systems.

Requirement	Limits on application
PART L CONSERVATION OF FUEL AND POWER
Dwellings L1.  Reasonable provision shall be made for the conservation of fuel and power in dwellings by— (a) limiting the heat loss: (i) through the fabric of the building; (ii) from hot water pipes and hot air ducts used for space heating; (iii) from hot water vessels; (b) providing space heating and hot water systems which are energy-efficient;
(c) providing lighting systems with appropriate lamps and sufficient controls so that energy can be used efficiently; (d) providing sufficient information with the heating and hot water services so that building occupiers can operate and maintain the services in such a manner as to use no more energy than is reasonable in the circumstances.	The requirement for sufficient controls in paragraph L1(c) applies only to external lighting systems fixed to the building.
Buildings other than dwellings L2.  Reasonable provision shall be made for the conservation of fuel and power in buildings other than dwellings by— (a) limiting the heat losses and gains through the fabric of the building; (b) limiting the heat loss: (i) from hot water pipes and hot air ducts used for space heating; (ii) from hot water vessels and hot water service pipes; (c) providing space heating and hot water systems which are energy-efficient; (d) limiting exposure to solar overheating;
(e) making provision where air conditioning and mechanical ventilation systems are installed, so that no more energy needs to be used than is reasonable in the circumstances; (f) limiting the heat gains by chilled water and refrigerant vessels and pipes and air ducts that serve air conditioning systems;	Requirements L2(e) and (f) apply only within buildings and parts of buildings where more than 200 m2 of floor area is to be served by air conditioning or mechanical ventilation systems.
(g) providing lighting systems which are energy-efficient;	Requirement L2(g) applies only within buildings and parts of buildings where more than 100 m2 of floor area is to be served by artificial lighting.
(h) providing sufficient information with the relevant services so that the building can be operated and maintained in such a manner as to use no more energy than is reasonable in the circumstances.

(1)

1991 c. 56.

(2)

1990 c. 43.