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The Building and Approved Inspectors (Amendment) Regulations 2006

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Application to education buildings and buildings of statutory undertakers

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28.—(1) The requirements of the Building Regulations 2000 specified in paragraph (2) shall apply to educational buildings and buildings of statutory undertakers (notwithstanding section 4(1) of the Building Act 1984(1)).

(2) Those requirements are—

(a)the requirements of regulation 17C; and

(b)in circumstances where such a building has a total useful floor area over 1000m2 and undergoes a major renovation, the requirements of—

(i)regulation 4(1)(a) to the extent that it requires compliance with the requirements of Part L of Schedule 1; and

(ii)regulations 4A and 17D.

(3) In this regulation “educational buildings and buildings of statutory undertakers” means buildings which—

(a)fall within paragraph (a), (b) or (c) of section 4(1) of the Building Act 1984;

(b)are roofed constructions having walls;

(c)use energy to condition the indoor climate; and

(d)do not fall within one of the following categories—

(i)buildings and monuments officially protected as part of a designated environment or because of their special architectural or historic merit, where compliance with the requirements would unacceptably alter their character or appearance;

(ii)buildings used as places of worship and for religious activities;

(iii)temporary buildings with a planned time of use of two years or less, industrial sites, workshops and non-residential agricultural buildings with low energy demand;

(iv)stand-alone buildings with a total useful floor area of less than 50m2.

(4) Terms used in this regulation have the same meaning as in European Parliament and Council Directive 2002/91/EC on the energy performance of buildings(2).

(1)

Section 4(1)(a)(i)-(iv) were substituted by the Education Act 1996 (c. 56) , Schedule 37, paragraph 59; section 4(1)(a)(ii) was amended by the School Standards Framework Act 1998 (c. 31), Schedule 31; section 4(1)(iii) and (iv) were repealed by the School Standards Framework Act 1998 (c. 31), Schedule 31; section 4(1)(b) was amended by the Airports Act 1986 (c. 31), Schedule 6; there are other amending Acts and instruments but these are not relevant to these Regulations.

(2)

OJ No L 1, 4.1.2003, p65.

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