The Building (Amendment) (No.2) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

1.  The Building Regulations 2000 (S.I.2000/2531 as amended by S.I. 2000/3335, S.I. 2002/440, S.I. 2002/2871 and S.I. 2003/2692), “the principal Regulations”, impose requirements on people carrying out certain building operations. These Regulations amend the principal Regulations. In addition to minor and drafting amendments the following changes of substance are made.

2.  The definition of “controlled service or fitting” in regulation 2(1) of the principal Regulations is extended to include services or fittings in relation to which Part P (electrical safety) imposes a requirement (regulation 2(2)(a))

3.  A new definition of “electrical installation” is inserted, as Part P imposes a requirement that reasonable provision shall be made in the design, installation, inspection and testing of ‘electrical installations’ (regulation (2)(2)(b)).

4.  New definitions of “low voltage” and “extra low voltage” are inserted as Part P limits its application to these types of installations (regulations (2)(2) (c) and (d)).

5.  Part P is added in regulation 3 (meaning of building work) paragraph (1A)(b) of the principal Regulations, so that the limitation on the definition of “building work” in relation to the provision of certain controlled services or fittings in existing dwellings does not apply to Part P (regulation 2(3)).

6.  Changes are made to the requirements for specified material changes of use (amendments to regulation 6(1)(a)) of the principal Regulations (regulation 2(4)).

7.  Part P is added to regulation 8 of the principal Regulations which provide that compliance with the listed Parts does not require anything to be done beyond what is necessary to secure reasonable standards of health and safety (regulation 2(5)).

8.  A new paragraph is inserted in regulation 9 of the principal Regulations in order to make provision for Part P to apply to any greenhouse and any small-detached building (regulation 2(6)).

9.  Changes are made to regulation 12(5) of the principal Regulations (the giving of a building notice or deposit of plans), where exemptions are made where the work is within Schedule 2A which is extended or 2B which is inserted (regulation 2(7), (10) and Part 2 of the Schedule).

10.  A substitute regulation 16A is inserted, extending self certification schemes (regulation 2(8)).

11.  Part P is inserted into Schedule 1 of the principal Regulations (regulation 2(9)).

12.  Regulation 3 contains transitional provisions.

• The Secretary of State has approved, under section 6(1) of the Building Act 1984, a new document containing practical guidance with respect to the requirements contained in Part P. The Approved Document [P] will be published by The Stationery Office.

• A regulatory impact assessment has been prepared in relation to these regulations. A copy may be obtained from Buildings Division, ODPM, Zone18/B Portland House, Stag Place, London SW1E 5LP (Tel: [phone]; Fax [phone]; Email: [e-mail]).

• The Wiring Regulations BS 7671: 2001 and amendments (ISBN 0-86341-373-0) can be obtained from the Institution of Electrical Engineers, P.O. Box 96, Stevenage, Herts SG1 2SD (email [e-mail]) or the British Standards Institution, Customer Services, 389 Chiswick High Road, London W4 4AL (email [e-mail]).