The Building (Amendment) Regulations 2003

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, 2002/440 and 2002/2871), “the principal Regulations”.

New Part M of Schedule 1 (access to and use of buildings) is substituted for the existing Part, see regulation 2(7). The new requirements do not refer to disabled people. Instead, by requiring that reasonable provision shall be made for people to gain access to and use the building and its facilities, the needs of disabled people are encompassed as well as those of (for example) people experiencing a temporary impairment of mobility. By virtue of the limits on application of the new Part M, Part M will not apply to material alterations of or extensions of dwellings.

New requirements are introduced for extensions to buildings other than dwellings. These cover the provision, in certain circumstances, of independent access to the extension and of sanitary conveniences within the extension.

Regulation 2 amends regulations 2, 3, 5 and 6 of the principal Regulations. Regulation 2(2) adds a definition of independent access to the interpretation provisions. Regulation 2(3) amends the reference to Part M in regulation 3 of the principal Regulations.

Regulation 2(4) adds a new paragraph (j) to regulation 5 of the principal Regulations, so that if a building is used as a shop where previously it was not, this will be a material change of use. Regulation 2(5) amends regulation 6 of the principal Regulations so that where the whole building is subject to a change of use referred to in subparagraphs (c), (d), (e) or (j) of regulation 5 of the principal Regulations, paragraph M1 of Schedule 1 will apply to the whole building. Where only part of the building is subject to a relevant material change of use, that part and any sanitary conveniences provided in or in connection with that part are to comply with paragraph M1. In addition, the building must comply with paragraph M1(a) of Schedule 1, in that reasonable provision shall be made to provide either suitable independent access to the part of the building that is the subject of the material change of use, or suitable access through the building to that part.

Regulation 2(6) makes minor amendments to paragraphs (a) and (b) in the entry in the limits on application column relating to paragraph H3 of Schedule 1.

Regulation 2(8) removes an exemption from the need to give a building notice or deposit full plans which applied in a specified type of case.

Regulation 3 contains transitional provisions.

The Secretary of State has approved, under section 6(1) of the Building Act 1984, a new approved document containing practical guidance with respect to the requirements contained in Part M. “Approved Document M – Access to and use of buildings” (2004 Edition, ISBN 0-11-753901-5, £12.00) will be published by The Stationery Office.

A regulatory impact assessment has been prepared in relation to the new requirements on access to and use of buildings. A copy may be obtained from the Buildings Division, ODPM, 18/B Portland House, Stag Place, London, SW1E 5LP (Tel: [phone]; Fax: [phone]; Email: [e-mail]).