The Building (Amendment) (No. 2) Regulations 2002

Citation and commencement

1.  These Regulations may be cited as the Building (Amendment) (No. 2) Regulations 2002 and shall come into force—

(a) for the purposes of regulation 2(8) and Schedule 1, on 1st March 2003;

(b) for the purposes of regulation 2(7), insofar as the amendment made by that paragraph requires the carrying out of sound insulation testing in relation to the erection of a dwelling-house or a building containing flats, 1st January 2004; and

(c) for all other purposes, on 1st July 2003.

Amendment of the Building Regulations 2000

2.—(1) The Building Regulations 2000(1) (“the principal Regulations”) are amended as follows.

(2) In regulation 2(1) (interpretation) after the definition of “public body’s notice” insert—

““room for residential purposes” means a room, or suite of rooms, which is not a dwelling-house or flat and which is used by one or more persons to live and sleep in, including rooms in hotels, hostels, boarding houses, halls of residence and residential homes but not including rooms in hospitals, or other similar establishments, used for patient accommodation;”.

(3) In regulation 5 (meaning of material change of use)

(a) in paragraph (f) omit “or”

(b) after paragraph (g) add—

“(h) the building contains a room for residential purposes, where previously it did not; or

(i) the building, which contains at least one room for residential purposes, contains a greater or lesser number of such rooms than it did previously.”.

(4) In regulation 6 (requirements relating to material change of use)—

(a) in paragraph (1)(d) omit “and”;

(b) in paragraph (1)(e) for the words “regulation 5(a), (b) or (g)” substitute “regulation 5(a), (b), (c), (g), (h) or (i)”;

(c) after paragraph (1)(e) insert—

“(f) in the case of a material change of use described in regulation 5(e), where the public building consists of or contains a school, E4 (acoustic conditions in schools).”;

(d) in paragraph (2)(b) for “or (e)” substitute “, (e) or (f)”.

(5) For regulation 8 (limitation on requirements) substitute—

“Limitation on requirements

8.   Parts A to D, F to K and N (except for paragraphs H2 and J6) 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).”.

(6) In regulation 20(1) (supervision of building work otherwise than by local authorities) for “and 19” substitute “, 19 and 20A”.

(7) After regulation 20 insert—

“Sound insulation testing

20A.— (1) This regulation applies to—

(a) building work in relation to which paragraph El of Schedule 1 imposes a requirement; and

(b) work which is required to be carried out to a building to ensure that it complies with paragraph E1 of Schedule 1 by virtue of regulation 6(1)(e) or 6(2)(b).

(2) Where this regulation applies, the person carrying out the work shall, for the purpose of ensuring compliance with paragraph El of Schedule 1—

(a) ensure that appropriate sound insulation testing is carried out in accordance with a procedure approved by the Secretary of State; and

(b) give a copy of the results of the testing referred to in sub-paragraph (a) to the local authority.

(3) The results of the testing referred to in paragraph (2)(a) shall be—

(a) recorded in a manner approved by the Secretary of State; and

(b) given to the local authority in accordance with paragraph (2)(b) not later than the date on which the notice required by regulation 15(4) is given.”.

(8) For Part B of Schedule 1 (fire safety) substitute the Part set out in Schedule 1 to these Regulations.

(9) For Part E of Schedule 1 (resistance to the passage of sound) substitute the Part set out in Schedule 2 to these Regulations.

Transitional provisions

3.—(1) Paragraphs (2) to (5) apply for the purposes of the amendments made to the principal Regulations other than that which comes into force on 1st March 2003 (“the amendments”).

(2) Subject to paragraph (3), where before 1st July 2003 building work has commenced in accordance with—

(a) a building notice given to, or full plans deposited with, a local authority under regulation 12(2) of the principal Regulations and a notice given to the local authority under regulation 15(1) of the principal Regulations; or

(b) an initial notice or an amendment notice given in accordance with section 47(1) or 51A(2) respectively of the Building Act 1984 (“the Act”),

the principal Regulations shall continue to apply to that building work as if the amendments had not been made.

(3) Where an initial notice given before 1st July 2003 is varied by an amendment notice given on or after that date, the principal Regulations shall continue to apply as if the amendments 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.

(4) Where before 1st July 2003 full plans of building work have been deposited with a local authority in accordance with regulation 12(2) of the principal Regulations and the local authority has, before that date—

(a) given notice under section 16(6) of the Act that they have passed those plans without conditions; or

(b) signified in writing to the person by whom or on whose behalf the plans were deposited that any condition subject to which they passed the plans has been fully met,

the principal Regulations shall continue to apply to that building work as if the amendments had not been made, whether or not the building work departs from those plans.

(5) Where plans of building work are the subject of a plans certificate, or a plans certificate combined with an initial notice, given to a local authority before 1st July 2003 in accordance with section 50 of the Act, and accepted by the local authority either before, on or after that date, the principal Regulations shall continue to apply to that building work as if the amendments had not been made, whether or not the building work departs from those plans.

4.—(1) Paragraph (2) applies for the purpose of the amendment made to the principal Regulations which comes into force on 1st January 2004 (“the amendment”).

(2) Where before 1st January 2004 building work which consists of the erection of a dwelling-house or a building containing flats has commenced in accordance with a building notice given to, or full plans deposited with, a local authority under regulation 12(2) of the principal Regulations and a notice given to the local authority under regulation 15(1) of the principal Regulations, the principal Regulations shall continue to apply to that building work as if the amendment had not been made.

Signed by authority of the First Secretary of State

Christopher Leslie

Parliamentary Under-Secretary of State,

Office of the Deputy Prime Minister

16th November 2002