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

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Building Regulations 2000 (S.I. 2000/2531 amended by S.I. 2001/3335 and 2002/440). In addition to minor and drafting amendments the following changes of substance are made.

A definition of “room for residential purposes” is inserted and the requirements applicable to material changes of use are extended to include such rooms (regulation 2(2), (3) and (4)).

New regulation 20A is inserted which requires the carrying out of sound insulation testing in certain circumstances (regulation 2(7)).

New Part B of Schedule 1 (fire safety) is substituted for the existing Part. New requirements on internal fire spread (linings) are inserted in paragraph B2(1) to allow for testing to European standards (regulation 2(8)).

New Part E of Schedule 1 (resistance to the passage of sound) is substituted for the existing Part. The scope of Part E is extended to rooms for residential purposes and there are new requirements on sound insulation between rooms, reverberation in common parts of buildings and acoustics in schools (regulation 2(9)).

Regulations 3 and 4 contain transitional provisions in relation to sound insulation testing and the new Part E. There are no transitional provisions in relation to the new Part B, as building work that complies with the existing Part B will also comply with the new Part B.

The Secretary of State has approved, under section 6(4) of the Building Act 1984, amendments of the approved document containing practical guidance with respect to the requirements contained in Part B. “Amendments 2002 to Approved Document B (Fire safety)” (ISBN 011 7536377, £4) will be published by The Stationery Office.

The Secretary of State has also approved, under section 6(1), a new approved document containing practical guidance with respect to the requirements contained in regulation 20A and Part E. “Approved Document E–Resistance to the passage of sound” (2003 Edition, ISBN 011 7536423, £14.00) will be published by The Stationery Office. The sound insulation testing procedure described in Appendix B to Approved Document E and the manner of recording test results set out in paragraph 1.41 of the Approved Document have been approved by the Secretary of State for the purposes of regulation 20A(2)(a) and (3)(a) respectively.

A regulatory impact assessment has been prepared in relation to the new requirements on internal fire spread (linings) and the new Part E and requirement for sound insulation testing. A copy may be obtained from Building Regulations Division, ODPM, 18/B Portland House, Stag Place, London, SW1E 5LP (Tel: [phone]; Fax: [phone]; Email: [e-mail]).