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Statutory Instruments

2010 No. 2214

Building And Buildings, England And Wales

The Building Regulations 2010

Made

6th September 2010

Laid before Parliament

9th September 2010

Coming into force

1st October 2010

The Secretary of State is a Minister designatedM1 for the purposes of section 2(2) of the European Communities Act 1972M2 in relation to matters relating to the environment.

In accordance with section 14(3) of the Building Act 1984M3 he has consulted the Building Regulations Advisory Committee and such other bodies as appeared to him to be representative of the interests concerned.

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and by sections 1(1), 2A, 3, 5, 8(2) and (6), 34, 35, 47(1) and 126 of, and paragraphs 1, 2, 3, 4, 4A, 7, 8, 9, 10 and 11 of Schedule 1 to, the Building Act 1984:

Modifications etc. (not altering text)

C1Regulations: power to amend conferred (21.3.2012 for specified purposes, 28.1.2013 in so far as not already in force) by Energy Act 2011 (c. 16), ss. 9(2), 121(1) (with ss. 40, 41); S.I. 2012/873, art. 3(1)(b)(2); S.I. 2013/125, art. 2(b)

Marginal Citations

M31984 c.55; section 126 is cited for the definition of “prescribed”. Section 1 was amended by section 1 of the Sustainable and Secure Buildings Act 2004 (c.22) and section 2A was inserted by section 4 of that Act; section 47(1) was amended by section 8 of that Act and S.I. 1996/1905; paragraph 4A of Schedule 1 was inserted by section 8 of that Act; paragraph 7 of Schedule 1 was amended by section 3 of that Act and by section 11 of the Climate Change and Sustainable Energy Act 2006 (c.19); paragraph 8 of Schedule 1 was amended by section 3 of the Sustainable and Secure Buildings Act 2004 and by section 40 of the Flood and Water Management Act 2010 (c.29); paragraph 11(1)(a) of Schedule 1 was amended by S.I. 1986/452. Certain functions of a Minister of the Crown under the Building Act 1984 were transferred to the National Assembly for Wales constituted by the Government of Wales Act 1998 (c.38) by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as varied by article 4 of, and Schedule 3 to, the National Assembly for Wales (Transfer of Functions) Order 2000 (S.I. 2000/253) and have been transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c.32). Subject to certain exceptions and reservations, the remaining functions conferred on the Secretary of State by the Building Act 1984 are transferred to the Welsh Ministers, as far as they are exercisable in relation to Wales, by the Welsh Ministers (Transfer of Functions) (No.2) Order 2009 (S.I. 2009/3019) with effect from 31st December 2011.

PART 1E+WGeneral

Citation and commencementE+W

1.  These Regulations may be cited as the Building Regulations 2010 and shall come into force on 1st October 2010.

InterpretationE+W

2.—(1) In these Regulations, unless the context otherwise requires—

“the Act” means the Building Act 1984;

[F1“Green Deal Framework Regulations” means the Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012;]

“amendment notice” means a notice given under section 51A of the Act M4;

[F2“application for building control approval with full plans” means an application for building control approval in accordance with regulations 12(2)(b) and 14;

“application for a completion certificate” in relation to a higher-risk building work, has the same meaning as “completion certificate application” in regulation 2 of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023;]

[F3“building” means any permanent or temporary building but not any other kind of structure or erection, and a reference to a building includes a reference to part of a building;]

[F3“building”—

(a)

in the application of any provision of these Regulations to the construction of a higher-risk building, has the meaning given in regulation 4 of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023;

(b)

in any other case, means any permanent or temporary building but not any other kind of structure or erection, and a reference to a building includes a reference to part of a building;]

“building notice” means a notice given in accordance with regulations 12(2)(a) and 13;

“building work” has the meaning given in regulation 3(1);

[F2“business” means a trade, business or other undertaking (whether for profit or not);]

“change to a building's energy status” means any change which results in a building becoming a building to which the energy efficiency requirements of these Regulations apply, where previously it was not;

[F2“client” means any person for whom a project is carried out;

“construction phase” means the period beginning when any building work on a project starts and ending when that project is completed;

“contractor” means any person (including a client, but not a domestic client) who, in the course of a business, carries out, manages or controls any building work;]

“controlled service or fitting” means a service or fitting in relation to which Part G, H, J, L or P of Schedule 1 imposes a requirement;

“day” means any period of 24 hours commencing at midnight and excludes any Saturday, Sunday, Bank holiday or public holiday;

[F2“design work” means design of any building work;

“designer” means any person (including a client, contractor or other person referred to in Part 2A of these Regulations) who in the course of a business—

(a)

carries out any design work, or

(b)

arranges for, or instructs, any person under their control to do so;

“domestic client” means a client for whom a project is being carried out which is not in the course or furtherance of a business of that client;]

“dwelling” includes a dwelling-house and a flat;

“dwelling-house” does not include a flat or a building containing a flat;

“electrical installation” means fixed electrical cables or fixed electrical equipment located on the consumer's side of the electricity supply meter;

“energy efficiency requirements” means the requirements of regulations 23, F4[F525A, 25B] 26, F6[F726A, 26B,] [F826A] [F9, 26C], 28 F10F11... [F12, 40 and 43] [F1340 and 40A,] and Part L of Schedule 1;

F14F15...

F16[F17“excepted energy building” has the meaning given in the Schedule to The Welsh Ministers (Transfer of Functions) (No. 2) Order 2009]

“extra-low voltage” means voltage not exceeding—

(a)

in relation to alternating current, 50 volts between conductors and earth; or

(b)

in relation to direct current, 120 volts between conductors;

“final certificate” means a certificate given under section 51 of the Act M5;

F18[F19“fixed building services” means any part of, or any controls associated with—

(a)

fixed internal or external lighting systems (but not including emergency escape lighting or specialist process lighting);

(b)

fixed systems for heating, hot water, air conditioning or mechanical ventilation; or

(c)

any combination of systems of the kinds referred to in paragraph (a) or (b);]

“flat” means separate and self-contained premises constructed or adapted for use for residential purposes and forming part of a building from some other part of which it is divided horizontally;

“floor area” means the aggregate area of every floor in a building or extension, calculated by reference to the finished internal faces of the walls enclosing the area, or if at any point there is no such wall, by reference to the outermost edge of the floor;

[F20“full plans” means plans deposited with a local authority for the purposes of section 16 of the ActM6 in accordance with regulations 12(2)(b) and 14;]

[F21“green deal disclosure obligations” means the obligations to provide an energy performance certificate in section 12 of the Energy Act 2011 and Part 7 of the Green Deal Framework Regulations;

“green deal property” has the meaning given in section 12(5)(b) of the Energy Act 2011;]

“height” means the height of the building measured from the mean level of the ground adjoining the outside of the external walls of the building to the level of half the vertical height of the roof of the building, or to the top of the walls or of the parapet, if any, whichever is the higher;

“independent access” means, in relation to a part of a building (including any extension to that building), a route of access to that part which does not require the user to pass through any other part of the building;

“initial notice” means a notice given under section 47 of the Act M7;

“institution” means an institution (whether described as a hospital, home, school or other similar establishment) which is used as living accommodation for, or for the treatment, care or maintenance of persons—

(a)

suffering from disabilities due to illness or old age or other physical or mental incapacity, or

(b)

under the age of five years,

where such persons sleep on the premises;

“low voltage” means voltage not exceeding—

(a)

in relation to alternating current, 1000 volts between conductors or 600 volts between conductors and earth; or

(b)

in relation to direct current, 1500 volts between conductors or 900 volts between conductors and earth;

“material alteration” has the meaning given in regulation 3(2);

“material change of use” has the meaning given in regulation 5;

“microgeneration” means the use for the generation of electricity or the production of heat or cooling of any plant (which for this purpose includes any equipment, apparatus or appliance) which, in generating electricity or (as the case may be) producing heat or cooling, relies wholly or mainly on a source of energy or a technology mentioned in section 26(2) of the Climate Change and Sustainable Energy Act 2006 M8;

F16[F22“new dwelling” includes, except in Parts 6 and 7, a dwelling that is formed by a material change of use of a building within the meaning of regulation 5(a), (b) or (g);

“optional requirement” means an optional requirement as described in regulation 4(1A)(b) or in regulation 36(2)(b);]

[F23“payment period” has the meaning given in regulation 2(1) of the Green Deal Framework Regulations;]

F16[F24“planning permission” has the meaning given in section 336(1) (interpretation) of the Town and Country Planning Act 1990;]

[F2“principal contractor” means the contractor appointed under regulation 11D (principal designer and principal contractor) to perform the duties of a principal contractor under these Regulations;

“principal designer” means the designer appointed under regulation 11D (principal designer and principal contractor) to perform the duties of a principal designer under these Regulations;

“project” means a project which includes or is intended to include any building work and includes all planning work, design work, management or other work involved in a project until the end of the construction phase;]

“public body's final certificate” means a certificate given under paragraph 3 of Schedule 4 to the Act;

“public body's notice” means a notice given under section 54 of the Act;

[F2“recipient”, in relation to a compliance notice or a stop notice, means the person to whom the notice will be or has been given;

“relevant authority” means—

(a)

in cases where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), the regulator;

(b)

in any other case, the local authority for the area in which the building is situated or the proposed building is to be situated;

“relevant day” means any day excluding Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971;]

“renovation” in relation to a thermal element means the provision of a new layer in the thermal element [F25(other than where that new layer is provided solely as a means of repair to a flat roof)] or the replacement of an existing layer, but excludes decorative finishes, and “renovate” shall be construed accordingly;

“room for residential purposes” means a room, or a suite of rooms, which is not a dwelling-house or a flat and which is used by one or more persons to live and sleep and includes a room in a hostel, an hotel, a boarding house, a hall of residence or a residential home, but does not include a room in a hospital, or other similar establishment, used for patient accommodation;

“shop” includes premises—

(a)

used for the sale to members of the public of food or drink for consumption on or off the premises,

(b)

used for retail sales by auction to members of the public,

(c)

used by members of the public as a barber or hairdresser, or for the hiring of any item, and

(d)

where members of the public may take goods for repair or other treatment;

“softened wholesome water” means water which would be regarded as wholesome for the purposes of regulations made under section 67 of the Water Industry Act 1991 M9 (standards of wholesomeness) as they apply for the purposes of Part G of Schedule 1 in accordance with paragraph (5) but for the presence of sodium in excess of the level specified in those regulations if it is caused by a water softener or water softening process which reduces the concentrations of calcium and magnesium [F26;

[F2“sole contractor” means a person fulfilling the duties of the principal contractor by virtue of regulation 11D(6);

“sole or lead designer” means a person fulfilling the duties of the principal designer by virtue of regulation 11D(7);]

“system for on-site electricity generation” means a system that produces electricity and has a direct electrical connection to the building in question].

(2) In these Regulations “public building” means a building consisting of or containing—

(a)a theatre, public library, hall or other place of public resort;

(b)a school or other educational establishment not exempted from the operation of building regulations by virtue of section 4(1)(a) of the Act M10; or

(c)a place of public worship;

but a building is not to be treated as a place of public resort because it is, or it contains, a shop, storehouse or warehouse, or is a dwelling to which members of the public are occasionally admitted.

(3) In these Regulations “thermal element” means a wall, floor or roof (but does not include windows, doors, roof windows or roof-lights) which separates a thermally conditioned part of the building (“the conditioned space”) from—

(a)the external environment (including the ground); or

(b)in the case of floors and walls, another part of the building which is—

(i)unconditioned;

(ii)an extension falling within class 7 of Schedule 2; or

(iii)where this paragraph applies, conditioned to a different temperature,

and includes all parts of the element between the surface bounding the conditioned space and the external environment or other part of the building as the case may be.

(4) Paragraph (3)(b)(iii) only applies to a building which is not a dwelling, where the other part of the building is used for a purpose which is not similar or identical to the purpose for which the conditioned space is used.

(5) Section 67 of the Water Industry Act 1991 and such regulations as have been made under that section apply for the purposes of Part G of Schedule 1 as they apply for the purposes of Chapter 3 of Part 3 of that Act.

F27[F28(6) In these Regulations—

(a)any reference to an “external wall” of a building includes a reference to—

(i)anything located within any space forming part of the wall;

(ii)any decoration or other finish applied to any external (but not internal) surface forming part of the wall;

(iii)any windows and doors in the wall; and

(iv)any part of a roof pitched at an angle of more than 70 degrees to the horizontal if that part of the roof adjoins a space within the building to which persons have access, but not access only for the purpose of carrying out repairs or maintenance; [F29and]

[F30(b)“specified attachment” means—

(i)a balcony attached to an external wall; or

(ii)a solar panel attached to an external wall.]

[F30(b)“reaction to fire classification” means BS EN 13501-1:2018 entitled “Fire classification of construction products and building elements. Classification using data from reaction to fire tests.” published by the British Standards Institution in 2019;

(c)“relevant metal composite material” means any panel or sheet, having a thickness of no more than 10mm, which is comprised of a number of layers—

(i)two or more of which are made of metal, alloy or metal compound; and

(ii)one or more of which is substantial and is made of a material having a gross calorific value of more than 35 MJ/kg when tested in accordance with BS EN ISO 1716:2018 entitled “Reaction to fire tests for products – Determination of the gross heat of combustion (calorific value)” published by the British Standards Institution in 2018;

and for these purposes a substantial layer is one which is at least 1mm thick or has a mass per unit area of at least 1kg per m²;

(d)“specified attachment” means—

(i)a balcony attached to an external wall;

(ii)a solar shading device (excluding a solar shading device attached to the wall at a height of no more than 4.5 metres above ground level); or

(iii)a solar panel attached to an external wall; and

(e)“solar shading device” means a device attached to the external surface of an external wall for reducing heat gain within a building by shading or deflecting sunlight.]]

Textual Amendments

F5Words in reg. 2(1) inserted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 3(a), Sch. 1 (with regs. 1(3), 45-47)

F6Word “26B,” in reg. 2(1) inserted (W. in relation to excepted energy buildings) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 3(a)(i) (with reg. 29)

F7Words "26A, 26B," in reg. 2(1) inserted (W. but not in relation to excepted energy buildings) (31.7.2014) by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 3 (with reg. 1(2))

F8Word "26A" in reg. 2(1) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) (No.2) Regulations 2013 (S.I. 2013/1959), regs. 1(5), 3 (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F10Words in reg. 2(1) omitted (W. for remaining purposes) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(2)(a) (with reg. 1(3))

F11Word in reg. 2(1) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(2)(a) (with reg. 1(3))

F14Words in reg. 2(1) omitted (W. for remaining purposes) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(2)(b) (with reg. 1(3))

F15Words in reg. 2(1) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(2)(b) (with reg. 1(3))

F16Definitions of “excepted energy building”, “new dwelling”, “optional requirement” and “planning permission” in reg. 2(1) omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 3(b) (with reg. 29)

F17Words in reg. 2(1) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2012) by The Building (Amendment) Regulations 2012 (S.I. 2012/718), regs. 1(2), 3(2) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F19Words in reg. 2(1) substituted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 3(c), Sch. 1 (with regs. 1(3), 45-47)

F22Words in reg. 2(1) inserted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(2)(a) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F24Words in reg. 2(1) inserted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(2)(b) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F27Reg. 2(6) inserted (with a difference in the wording of reg. 2(6)(b)) (W.) (13.1.2020) by The Building (Amendment) (Wales) Regulations 2019 (S.I. 2019/1499), regs. 1(4), 2(2) (with reg. 3)

Marginal Citations

M4Section 51A was inserted by S.I. 1996/1905.

M5Section 51 was amended by S.I. 1996/1905.

M6Section 16 was amended by Part 13 of Schedule 1 to the Statute Law (Repeals) Act 1993 (c.50).

M7Section 47 was amended by section 8 of the Sustainable and Secure Buildings Act 2004 and S.I. 1996/1905.

M82006 c. 19; section 26(2) was amended by S.I. 2008/1767.

M91991 c. 56; regulations made under section 67 of that Act are S.I. 2000/3184, 2009/3101, 2010/66 and 2010/994.

M10Section 4(1)(a) was amended by paragraph 59 of Schedule 37 to the Education Act 1996 (c.56), Schedule 31 to the School Standards and Framework Act 1998 (c.31) and paragraph 6 of Schedule 21 to the Education Act 2002 (c.32), and is prospectively repealed by section 5(a) of and the Schedule to the Sustainable and Secure Buildings Act 2004.

[F31ApplicationE+W

2A.  Subject to regulation 2B, these Regulations apply to all buildings in England including higher-risk buildings.

Textual Amendments

Disapplication of certain procedural requirements of the Building Regulations 2010 in relation to higher-risk building workE+W

2B.  The following regulations do not apply to higher-risk building work—

(a)regulation 12 (giving of a building notice or an application for building control approval);

(b)regulation 13 (particulars and plans where a building notice is given);

(c)regulation 14 (applications for building control approval with full plans);

(d)regulations 14A (determination of applications for building control approval with full plans);

(e)regulation 14B (appeal against a local authority’s rejection of an application for building control approval);

(f)regulation 14C (appeal against the regulator’s rejection of an application for building control approval for work that is not higher-risk building work);

(g)regulation 15 (consultation with sewerage undertaker);

(h)regulation 15A (consultation in relation to fire safety);

(i)regulation 16 (notices in relation to building work);

(j)regulation 17 (completion certificates);

(k)regulation 17A (certificate for building occupied before work is completed);

(l)regulation 18 (unauthorised building work);

(m)regulation 18A (appeal against local authority’s refusal to grant certain certificates);

(n)regulation 18B (appeal to regulator in relation to certain decisions);

(o)regulation 19 (supervision of building work otherwise than by local authorities);

(p)regulation 38 (fire safety information);

(q)regulation 39 (information about ventilation);

(r)regulation 40 (information about use of fuel and power);

(s)regulation 40A (information about systems for on-site generation of electricity);

(t)regulation 40B (information about overheating).]

Textual Amendments

PART 2E+WControl of Building Work

Meaning of building workE+W

3.—(1) In these Regulations “building work” means—

(a)the erection or extension of a building;

(b)the provision or extension of a controlled service or fitting in or in connection with a building;

(c)the material alteration of a building, or a controlled service or fitting, as mentioned in paragraph (2);

(d)work required by regulation 6 (requirements relating to material change of use);

(e)the insertion of insulating material into the cavity wall of a building;

(f)work involving the underpinning of a building;

(g)work required by regulation 22 (requirements relating to a change of energy status);

(h)work required by regulation 23 (requirements relating to thermal elements);

(i)work required by regulation 28 (consequential improvements to energy performance).

(2) An alteration is material for the purposes of these Regulations if the work, or any part of it, would at any stage result—

(a)in a building or controlled service or fitting not complying with a relevant requirement where previously it did; or

(b)in a building or controlled service or fitting which before the work commenced did not comply with a relevant requirement, being more unsatisfactory in relation to such a requirement.

(3) In paragraph (2) “relevant requirement” means any of the following applicable requirements of Schedule 1, namely—

Requirements relating to building workE+W

4.—(1) Subject to paragraph (2) building work shall be carried out so that—

(a)it complies with the applicable requirements contained in Schedule 1; and

(b)in complying with any such requirement there is no failure to comply with any other such requirement F32[F33, except as may be provided for in paragraphs (1C) and (1D)].

F34[F35(1A) The applicable requirements contained in Schedule 1 are—

(a)the applicable requirements contained in Schedule 1 that apply in all cases, subject to paragraph (1C); and

(b)any applicable requirement contained in Schedule 1, and described in the first column of that Schedule as an optional requirement, that applies in relation to the building work in question by virtue of paragraphs (1B), (1C) and (1D).

(1B) An optional requirement as described in paragraph (1A)(b) shall apply to building work in any case where the planning permission under which the building work is carried out—

(a)specifies that optional requirement by reference to these Regulations; and

(b)makes it a condition that the requirement must be complied with.

(1C) An optional requirement shall apply in substitution for a requirement of Schedule 1 to the extent that the terms of the optional requirement in the second column of Schedule 1 so provide.

(1D) An optional requirement shall apply, and another optional requirement shall not apply, to the extent that the terms of the first-mentioned optional requirement in the second column of Schedule 1 so provide.]

(2) Where—

(a)building work is of a kind described in regulation 3(1)(g), (h) or (i); and

(b)the carrying out of that work does not constitute a material alteration,

that work need only comply with the applicable requirements of Part L of Schedule 1 F36[F37(in addition to the requirements of regulation 7)].

(3) Building work shall be carried out so that, after it has been completed—

(a)any building which is extended or to which a material alteration is made; or

(b)any building in, or in connection with, which a controlled service or fitting is provided, extended or materially altered; or

(c)any controlled service or fitting,

complies with the applicable requirements of Schedule 1 or, where it did not comply with any such requirement, is no more unsatisfactory in relation to that requirement than before the work was carried out.

F38[F39(4) This paragraph applies in relation to a building where—

(a)building work is undertaken in respect of that building (“relevant work”); and

(b)Part L of Schedule 1 imposes a requirement in respect of the relevant work.

(5) Notwithstanding paragraph (3), upon completion of the relevant work, any building to which paragraph (4) applies must—

(a)comply with Part F of Schedule 1; or

(b)where the building did not comply with Part F of Schedule 1 before the relevant work was begun, be no more unsatisfactory in relation to it than before the work was begun.]

Textual Amendments

F32Words from “, except as may” to the end in reg. 4(1)(b) omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 4(1)(a) (with reg. 29)

F33Words in reg. 4(1)(b) inserted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(3)(a) (with regs. 1(3), 4) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F35Reg. 4(1A)-(1D) inserted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(3)(b) (with regs. 1(3), 4) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F38Reg. 4(4)(5) inserted (W.) (with minor differences in punctuation) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 4 (with reg. 21)

Meaning of material change of useE+W

5.  For [F40the purposes of paragraph 8(1)(e) of Schedule 1 to the Act and for] the purposes of these Regulations, there is a material change of use where there is a change in the purposes for which or the circumstances in which a building is used, so that after that change—

(a)the building is used as a dwelling, where previously it was not;

(b)the building contains a flat, where previously it did not;

(c)the building is used as an hotel or a boarding house, where previously it was not;

(d)the building is used as an institution, where previously it was not;

(e)the building is used as a public building, where previously it was not;

(f)the building is not a building described in classes 1 to 6 in Schedule 2, where previously it was;

(g)the building, which contains at least one dwelling, contains a greater or lesser number of dwellings than it did previously;

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

(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; F41F42...

(j)the building is used as a shop, where previously it was not F43[F44; or

(k)the building is a building described in regulation 7(4)(a), where previously it was not].

Textual Amendments

Requirements relating to material change of useE

6.—(1) Where there is a material change of use of the whole of a building, such work, if any, shall be carried out as is necessary to ensure that the building complies with the applicable requirements of the following paragraphs of Schedule 1—

(a)in all cases, B1 (means of warning and escape)

  • B2 (internal fire spread—linings)

  • B3 (internal fire spread—structure)

  • B4(2) (external fire spread—roofs)

  • B5 (access and facilities for the fire service)

  • C2(c) (interstitial and surface condensation)

  • F1 (ventilation)

  • G1 (cold water supply)

  • G3(1) to (3) (hot water supply and systems)

  • G4 (sanitary conveniences and washing facilities)

  • G5 (bathrooms)

  • G6 (kitchens and food preparation areas)

  • F45...

  • H1 (foul water drainage)

  • H6 (solid waste storage)

  • J1 to J4 (combustion appliances)

  • L1 (conservation of fuel and power)

  • P1 (electrical safety);

  • [F46S2 (infrastructure for the charging of electric vehicles)]

(b)in the case of a material change of use described in regulation 5(c), (d), (e) or (f), A1 to A3 (structure);

(c)in the case of a building exceeding [F47eleven] metres in height, B4(1) (external fire spread—walls);

(d)in the case of a material change of use described in regulation 5(a), (b), (c), (d), (g), (h), (i) or, where the material change provides new residential accommodation, (f), C1(2) (resistance to contaminants);

(e)in the case of a material change of use described in regulation 5(a), C2 (resistance to moisture);

(f)in the case of a material change of use described in regulation 5(a), (b), (c), (g), (h) or (i), E1 to E3 (resistance to the passage of sound);

(g)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);

(h)in the case of a material change of use described in regulation 5(a) or (b), G2 (water efficiency) and G3(4) (hot water supply and systems: hot water supply to fixed baths);

(i)in the case of a material change of use described in regulation 5(c), (d), (e) or (j), [F48M1 (access to and use of buildings other than dwellings)];

[F49(j)in the case of a material change of use described in regulation 5(a), (b) or (g), Q1 (security)].

(2) Where there is a material change of use of part only of a building, such work, if any, shall be carried out as is necessary to ensure that—

(a)that part complies in all cases with any applicable requirements referred to in paragraph (1)(a);

(b)in a case in which sub-paragraphs (b), (e), (f), (g) or (h) of paragraph (1) apply, that part complies with the requirements referred to in the relevant sub-paragraph;

(c)in a case to which sub-paragraph (c) of paragraph (1) applies, the whole building complies with the requirement referred to in that sub-paragraph; F50...

(d)in a case to which sub-paragraph (i) of paragraph (1) applies—

(i)that part and any sanitary conveniences provided in or in connection with that part comply with the requirements referred to in that sub-paragraph; and

(ii)the building complies with requirement M1(a) of Schedule 1 to the extent that reasonable provision is made to provide either suitable independent access to that part or suitable access through the building to that part;

[F51(e)in a case to which subparagraph (j) applies in respect of a material change of use described in regulation 5(b) or (g), that part complies with the requirement referred to in that subparagraph].

[F52(3) Subject to paragraph (4), where there is a material change of use described in regulation 5(k), such work, if any, shall be carried out as is necessary to ensure that any external wall, or specified attachment, of the building only contains materials of European Classification A2-s1, d0 or A1 (classified in accordance with the reaction to fire classification).]

[F53(4) Paragraph (3) does not apply to the items listed in regulation 7(3).]

Extent Information

E1This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F45Words in reg. 6(1)(a) omitted (15.7.2011) by virtue of The Building (Amendment) Regulations 2011 (S.I. 2011/1515), regs. 1(2), 3(3)

F48Words in reg. 6(1)(i) substituted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(4)(a) (with regs. 1(3), 5) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F49Reg. 6(1)(j) inserted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(4)(b) (with regs. 1(3), 5) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F50Word in reg. 6(2) omitted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by virtue of The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(4)(c)(i) (with regs. 1(3), 5) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F51Reg. 6(2)(e) inserted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(4)(c)(ii) (with regs. 1(3), 5) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Requirements relating to material change of useW

6.—(1) Where there is a material change of use of the whole of a building, such work, if any, shall be carried out as is necessary to ensure that the building complies with the applicable requirements of the following paragraphs of Schedule 1—

(a)in all cases, B1 (means of warning and escape)

  • B2 (internal fire spread—linings)

  • B3 (internal fire spread—structure)

  • B4(2) (external fire spread—roofs)

  • B5 (access and facilities for the fire service)

  • C2(c) (interstitial and surface condensation)

  • F1 (ventilation)

  • G1 (cold water supply)

  • G3(1) to (3) (hot water supply and systems)

  • G4 (sanitary conveniences and washing facilities)

  • G5 (bathrooms)

  • G6 (kitchens and food preparation areas)

  • F489...

  • H1 (foul water drainage)

  • H6 (solid waste storage)

  • J1 to J4 (combustion appliances)

  • L1 (conservation of fuel and power)

  • P1 (electrical safety);

(b)in the case of a material change of use described in regulation 5(c), (d), (e) or (f), A1 to A3 (structure);

(c)in the case of a building exceeding fifteen metres in height, B4(1) (external fire spread—walls);

(d)in the case of a material change of use described in regulation 5(a), (b), (c), (d), (g), (h), (i) or, where the material change provides new residential accommodation, (f), C1(2) (resistance to contaminants);

(e)in the case of a material change of use described in regulation 5(a), C2 (resistance to moisture);

(f)in the case of a material change of use described in regulation 5(a), (b), (c), (g), (h) or (i), E1 to E3 (resistance to the passage of sound);

(g)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);

(h)in the case of a material change of use described in regulation 5(a) or (b), G2 (water efficiency) and G3(4) (hot water supply and systems: hot water supply to fixed baths);

(i)in the case of a material change of use described in regulation 5(c), (d), (e) or (j), M1 (access and use);

(2) Where there is a material change of use of part only of a building, such work, if any, shall be carried out as is necessary to ensure that—

(a)that part complies in all cases with any applicable requirements referred to in paragraph (1)(a);

(b)in a case in which sub-paragraphs (b), (e), (f), (g) or (h) of paragraph (1) apply, that part complies with the requirements referred to in the relevant sub-paragraph;

(c)in a case to which sub-paragraph (c) of paragraph (1) applies, the whole building complies with the requirement referred to in that sub-paragraph; and

(d)in a case to which sub-paragraph (i) of paragraph (1) applies—

(i)that part and any sanitary conveniences provided in or in connection with that part comply with the requirements referred to in that sub-paragraph; and

(ii)the building complies with requirement M1(a) of Schedule 1 to the extent that reasonable provision is made to provide either suitable independent access to that part or suitable access through the building to that part;

[F490(3) Subject to paragraph (4), where there is a material change of use described in regulation 5(k), such work, if any, must be carried out as is necessary to ensure that any external wall, or specified attachment, of the building only contains materials of a minimum European Classification A2-s1, d0 or A1, classified in accordance with BS EN 13501-1:2018 entitled “Fire classification of construction products and building elements. Classification using test data from reaction to fire tests” (ISBN 978 0 580 95726 0) published by the British Standards Institution on 14th January 2019.

(4) Paragraph (3) does not apply to the items listed in regulation 7(3).]

Extent Information

E28This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F489Words in reg. 6(1)(a) omitted (15.7.2011) by virtue of The Building (Amendment) Regulations 2011 (S.I. 2011/1515), regs. 1(2), 3(3)

F490Reg. 6(3)(4) inserted (with a difference in the wording of reg. 6(3)) (W.) (13.1.2020) by The Building (Amendment) (Wales) Regulations 2019 (S.I. 2019/1499), regs. 1(4), 2(5) (with reg. 3)

Materials and workmanshipE

7.—[F54(1)] Building work shall be carried out—

(a)with adequate and proper materials which—

(i)are appropriate for the circumstances in which they are used,

(ii)are adequately mixed or prepared, and

(iii)are applied, used or fixed so as adequately to perform the functions for which they are designed; and

(b)in a workmanlike manner.

[F55(1A) Building work shall be carried out so that relevant metal composite material does not become part of an external wall, or specified attachment, of any building.]

[F56[F57(2) Subject to paragraph (3), building work shall be carried out so that materials which become part of an external wall, or specified attachment, of a relevant building are of European Classification A2-s1, d0 or A1 (classified in accordance with the reaction to fire classification).]

(3)  Paragraph (2) does not apply to—

(a)cavity trays when used between two leaves of masonry;

(b)any part of a roof (other than any part of a roof which falls within paragraph (iv) of regulation 2(6)) if that part is connected to an external wall;

(c)door frames and doors;

(d)electrical installations;

[F58(da)fibre optic cables;]

(e)insulation and water proofing materials used below ground level [F59or up to 300mm above that level];

(f)intumescent and fire stopping materials where the inclusion of the materials is necessary to meet the requirements of Part B of Schedule 1;

(g)membranes;

(h)seals, gaskets, fixings, sealants and backer rods;

[F60(ha)components associated with a solar shading device excluding components whose primary function is to provide shade or deflect sunlight such as the awning curtain or slats;]

(i)thermal break materials where the inclusion of the materials is necessary to meet the thermal bridging requirements of Part L of Schedule 1; F61...

(j)window frames and glass [F62; or

(k)materials which form the top horizontal floor layer of a balcony which are of European Classification [F63A1fl or A2fl-s1] (classified in accordance with the reaction to fire classification) provided that the entire layer has an imperforate substrate under it.]

(4) In this regulation—

(a)a “relevant building” means a building with a storey (not including roof-top plant areas or any storey consisting exclusively of plant rooms) at least 18 metres above ground level and which—

(i)contains one or more dwellings;

(ii)contains an institution; or

(iii)contains a room for residential purposes F64...; and

(b)“above ground level” in relation to a storey means above ground level when measured from the lowest ground level adjoining the outside of a building to the top of the floor surface of the storey.]

Extent Information

E2This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F54Reg. 7 renumbered as reg. 7(1) (E.) (21.12.2018) by The Building (Amendment) Regulations 2018 (S.I. 2018/1230), regs. 1(4), 2(6) (with regs. 1(3), 3)

Materials and workmanshipW

7.—[F491(1)] Building work shall be carried out—

(a)with adequate and proper materials which—

(i)are appropriate for the circumstances in which they are used,

(ii)are adequately mixed or prepared, and

(iii)are applied, used or fixed so as adequately to perform the functions for which they are designed; and

(b)in a workmanlike manner.

[F492(2) Subject to paragraph (3), building work must be carried out so that materials which become part of an external wall, or specified attachment, of a relevant building are of a minimum European Classification A2-s1, d0 or A1, classified in accordance with BS EN 13501-1:2018 entitled “Fire classification of construction products and building elements. Classification using test data from reaction to fire tests” (ISBN 978 0 580 95726 0) published by the British Standards Institution on 14th January 2019.

(3)  Paragraph (2) does not apply to—

(a)cavity trays when used between two leaves of masonry;

(b)any part of a roof (other than any part of a roof which falls within paragraph (iv) of regulation 2(6)) if that part is connected to an external wall;

(c)door frames and doors;

(d)electrical installations;

(e)insulation and water proofing materials used below ground level;

(f)intumescent and fire stopping materials where the inclusion of the materials is necessary to meet the requirements of Part B of Schedule 1;

(g)membranes;

(h)seals, gaskets, fixings, sealants and backer rods;

(i)thermal break materials where the inclusion of the materials is necessary to meet the thermal bridging requirements of Part L of Schedule 1; or

(j)window frames and glass.

(4) In this regulation—

(a)a “relevant building” means a building with a storey (not including roof-top plant areas or any storey consisting exclusively of plant rooms) at least 18 metres above ground level and which—

(i)contains one or more dwellings;

(ii)contains an institution; or

(iii)contains a room for residential purposes (excluding any room in a hostel, hotel or boarding house);

(b)“above ground level” in relation to a storey means above ground level when measured from the lowest ground level adjoining the outside of a building to the top of the floor surface of the storey.]

Extent Information

E29This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F491Reg. 7 renumbered as reg. 7(1) (W.) (13.1.2020) by The Building (Amendment) (Wales) Regulations 2019 (S.I. 2019/1499), regs. 1(4), 2(6)(a) (with reg. 3)

F492Reg. 7(2)-(4) inserted (with differences in reg. 7(2) and (4)(a)(iii)) (W.) (13.1.2020) by The Building (Amendment) (Wales) Regulations 2019 (S.I. 2019/1499), regs. 1(4), 2(6)(b) (with reg. 3)

Limitation on requirementsE+W

8.  Parts A to D, F to K, F65[F66, N] and P (except for paragraphs G2, H2 and J7) 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).

Textual Amendments

F65Word in reg. 8 omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 4, Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F66Word ", N" in reg. 8 inserted (W. in relation to excepted energy buildings) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 4(3) (with reg. 29)

Exempt buildings and workE+W

9.—(1) Subject to paragraphs (2) F67[F68, (3) and (4)] and regulation 21(1), these Regulations do not apply to—

(a)the erection of any building or extension of a kind described in Schedule 2; or

(b)the carrying out of any work to or in connection with such a building or extension, if after the carrying out of that work it is still a building or extension of a kind described in that Schedule.

(2) The requirements of paragraphs G1 and G3(2) and (3) of Schedule 1 apply—

(a)to any greenhouse which receives a cold or hot water supply from a source shared with or located inside a dwelling; and

(b)to—

(i)any small detached building falling within class 6 in Schedule 2; and

(ii)any extension of a building falling within class 7 in Schedule 2,

which in either case receives a cold or hot water supply from a source shared with or located inside any building other than a building or extension of a kind described in Schedule 2.

(3) The requirements of Part P of Schedule 1 apply to—

(a)any greenhouse F69[F70used for domestic purposes ];

(b)any small detached building falling within class 6 in Schedule 2; and

(c)any extension of a building falling within class 7 in Schedule 2,

which in any case receives its electricity from a source shared with or located inside a dwelling.

F71[F72(4) The requirements of paragraph R1 of Schedule 1 apply to buildings controlled under other legislation falling within class 1 in Schedule 2.]

[F73(4) The requirements of paragraph R1 of Schedule 1 apply to buildings falling within paragraphs 1 and 2 of Class 1 (buildings controlled under other legislation) in Schedule 2.]

Textual Amendments

F67Words in reg. 9(1) substituted (E., but only in relation to excepted energy buildings in W.) (9.5.2016) by The Building (Amendment) Regulations 2016 (S.I. 2016/490), regs. 1(4), 2(2)(a) (with regs. 1(3), 3)

F68Words in reg. 9(1) substituted (W. but not in relation to excepted energy buildings) (8.4.2016) by The Building (Amendment) (Wales) Regulations 2016 (S.I. 2016/361), regs. 1(4), 2(2)(a) (with regs. 1(3), 3)

F69Words “used for domestic purposes” in reg. 9(3)(a) omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 4(4)(a) (with reg. 29)

F70Words in reg. 9(3)(a) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 5, Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F72Reg. 9(4) inserted (W. but not in relation to excepted energy buildings) (8.4.2016) by The Building (Amendment) (Wales) Regulations 2016 (S.I. 2016/361), regs. 1(4), 2(2)(b) (with regs. 1(3), 3)

F73Reg. 9(4) inserted (E., but only in relation to excepted energy buildings in W.) (9.5.2016) by The Building (Amendment) Regulations 2016 (S.I. 2016/490), regs. 1(4), 2(2)(b) (with regs. 1(3), 3) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Exemption of the [F74Mayor’s Office for Policing and Crime] from procedural requirementsE+W

10.—(1) The [F74Mayor’s Office for Policing and Crime] is hereby prescribed for the purposes of section 5 of the Act (exemption of public bodies from the procedural requirements and enforcement of building regulations).

[F75(2) The Mayor’s Office for Policing and Crime is exempt from compliance with these Regulations in so far as the requirements in these Regulations are not substantive requirements in relation to building work that is not higher-risk building work.]

Textual Amendments

Power to dispense with or relax requirementsE+W

11.—(1) Subject to paragraph (3), the power under section 8(1) of the Act to dispense with or relax any requirement contained in these Regulations shall be exercisable by the local authority.

(2) Any notification by the [F76local authority] [F76building control authority] to an applicant that they have refused the applicant's application to dispense with or relax any requirement of these Regulations shall inform the applicant of the effect of section 39(1) and (3) of the Act (appeal against refusal etc. to relax building regulations).

F77[F78(3) Sub-sections (1) to (5) of section 8 of the Act (relaxation of building regulations) do not apply to regulations 23(1)(a), 25A, 25B, F79[F80and] 26 F81F82... F83[F84and paragraph R1 [F85(in-building physical infrastructure for high-speed electronic communications networks)] of Schedule 1].]

Textual Amendments

F77Reg. 11(3) substituted (W. but not in relation to excepted energy buildings) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 4 (with reg. 1(2)(3))

F78Reg. 11(3) substituted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (3.6.2013) by The Building (Amendment) Regulations 2013 (S.I. 2013/1105), regs. 1(2), 3(2) (with reg. 1(3)(4))

F79Word "and" in reg. 11(3) omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 4(5)(a) (with reg. 29)

F80Word in reg. 11(3) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(4) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F81Words in reg. 11(3) omitted (W. for remaining purposes) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(4) (with reg. 1(3))

F82Words in reg. 11(3) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(4) (with reg. 1(3))

F83Words in reg. 11(3) substituted (W. but not in relation to excepted energy buildings) (8.4.2016) by The Building (Amendment) (Wales) Regulations 2016 (S.I. 2016/361), regs. 1(4), 2(3) (with regs. 1(3), 3)

F84Words in reg. 11(3) inserted (E., but only in relation to excepted energy buildings in W.) (9.5.2016) by The Building (Amendment) Regulations 2016 (S.I. 2016/490), regs. 1(4), 2(3) (with regs. 1(3), 3) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F85Words in reg. 11(3) omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 4(5)(b) (with reg. 29)

[F86PART 2AE+WDutyholders and competence

Textual Amendments

CHAPTER 1E+WClient

Suitable arrangements to ensure compliance with requirements etcE+W

11A.—(1) A client must make suitable arrangements for planning, managing and monitoring a project (including allocation of sufficient time and other resources) so as to ensure compliance with all relevant requirements.

(2) Arrangements under paragraph (1) are suitable if—

(a)they ensure that the design work is carried out so that the building work to which the design relates, if built, would be in compliance with all relevant requirements;

(b)they ensure the building work is carried out in accordance with all relevant requirements;

(c)they enable the designers and contractors to cooperate with each other to ensure compliance with all relevant requirements; and

(d)they provide for periodic review of the building work (and the design work) included or to be included in the project so as to identify whether it is higher-risk building work.

(3) A client must ensure that the arrangements under paragraph (1) are maintained and reviewed throughout the project.

(4) A client must provide building information as soon as is practicable to every designer and contractor on the project.

(5) A client must cooperate with any other person working on or in relation to a project to the extent necessary to enable any person with a duty or function under these Regulations to fulfil that duty or function.

(6) Where there is more than one client in relation to a project—

(a)the clients may agree in writing which of them is to be treated for the purposes of these Regulations as the client;

(b)except for the duties specified in sub-paragraph (c), only the person who agreed to be treated as the client under sub-paragraph (a) is subject to the duties owed by a client under these Regulations;

(c)the duties in the following provisions are owed by all clients—

(i)paragraph (4) to the extent that those duties relate to information in the possession of the client or which is reasonably obtainable by or on behalf of the client;

(ii)paragraph (5); and

(iii)regulation 11B (arrangements as to information: higher-risk building work).

Arrangements as to information: higher-risk building workE+W

11B.—(1) A client must make suitable arrangements to ensure information is provided to the designers and contractors working on a project which includes any higher-risk building work to make them aware that the project includes higher-risk building work and the nature of the higher-risk building work.

(2) Paragraph (1) includes a duty to periodically review the building work (and the design work) included or to be included in the project so as to identify whether it is higher-risk building work and to ensure information is provided under paragraph (1) where the work becomes higher-risk building work.

Domestic clientsE+W

11C.—(1) Where the client is a domestic client the duties in regulations 11A(1) to (3) and 11E(2) to (5) must be carried out by—

(a)where there is only one contractor for a project, the contractor;

(b)where there is more than one contractor for a project—

(i)the principal contractor; or

(ii)the principal designer where the client and the principal designer agree in writing the principal designer is to fulfil those duties.

(2) If a domestic client fails to make the appointments required by regulation 11D (principal designer and principal contractor)—

(a)the designer in control of the design phase of the project is the principal designer;

(b)the contractor in control of the construction phase of the project is the principal contractor.

(3) Regulation 11D(5) does not apply to a domestic client.

CHAPTER 2E+W

Appointment of principal designer and principal contractor etcE+W

Principal designer and principal contractorE+W

11D.—(1) Where there is more than one contractor, or it is reasonably foreseeable that more than one contractor will be working on a project, the client must appoint in writing—

(a)a designer with control over the design work as the principal designer for the purposes of these Regulations, and

(b)a contractor with control over the building work as the principal contractor for the purposes of these Regulations.

(2) A client is treated as complying with the requirement in paragraph (1) if, instead of appointing a person for the purposes of these Regulations, they certify, in writing, that the person who is the CDM principal designer, or, as the case may be, the CDM principal contractor, is treated as appointed as the principal designer or, as the case may be, the principal contractor, for the purposes of these Regulations.

(3) The appointments under this regulation must be made—

(a)in relation to a project which includes higher-risk building work for which an application for building control approval must be submitted to the regulator, before that application is submitted;

(b)in relation to any other project, before the construction phase begins.

(4) Where the appointment of a principal designer or the principal contractor ends before the end of the project, as soon as reasonably practicable the client must appoint a new principal designer or new principal contractor, as the case may be, under this regulation.

(5) Where the client fails to appoint a principal designer (or a replacement principal designer) or, as the case may be, a principal contractor (or a replacement principal contractor), the client must fulfil the duties of the principal designer or the principal contractor, as the case may be, under these Regulations until they appoint another person to that role.

(6) Where there is only one contractor working on a project that contractor is to be treated as appointed as the principal contractor and must fulfil the duties of the principal contractor set out in these Regulations.

(7) Where paragraph (6) applies and—

(a)there is only one designer, or it is reasonably foreseeable that there will be only one designer working on a project, that designer must fulfil the duties of the principal designer set out in these Regulations; or

(b)there is more than one designer or it is reasonably foreseeable that there will be more than one designer working on a project at any time—

(i)the designers must agree in writing which designer is to fulfil the duties of the principal designer set out in these Regulations (“the lead designer”);

(ii)the lead designer must give a copy of the agreement to the client.

(8) In relation to higher-risk building work, on appointing a principal designer, for each appointment the client must keep a record, in writing, of the steps it took under paragraph (2) to (4) of regulation 11E (considerations before a person carries out work).

(9) In relation to higher-risk building work, on appointing a principal contractor, for each appointment the client must keep a record, in writing, of the steps it took under paragraphs (2), (3) and (5) of regulation 11E (considerations before a person carries out work).

(10) In relation to higher-risk building work, on appointing any other person, the person making the appointment must give to the client (and the client must keep) a record, in writing, of the steps the person making the appointment took under regulation 11E(2) (considerations before a person carries out work).

Considerations before a person carries out workE+W

11E.—(1) This regulation applies where a person (P) is proposing to use any person (A) to carry out any building work or design work.

(2) Before permitting A to carry out any work—

(a)P must take all reasonable steps to satisfy themself that A—

(i)fulfils the requirements in regulation 11F(1) and (2) (competence: general requirement), or

(ii)is an individual who is in training to fulfil the requirements in regulation 11F(1) and (2) and arrangements have been put in place to supervise A, and

(b)where the work relates to a higher-risk building, P must—

(i)ask A whether a serious sanction has occurred, in relation to them, within the 5 years ending on the date of the appointment; and

(ii)consider any information available to P relating to any misconduct of A (including any serious sanction).

(3) Before permitting A to undertake any work, P must additionally take all reasonable steps to satisfy themselves that A is able to fulfil the duties of regulation 11J (general duty to plan, manage and monitor).

(4) Where A is to be appointed as the principal designer, the client must take all reasonable steps to satisfy themselves that A fulfils the requirements in regulations 11F(1) and (2) (competence: general requirement) and 11G(1) (competence: principal designer) in relation to the design work.

(5) Where A is to be appointed as the principal contractor, the client must take all reasonable steps to satisfy themselves that A fulfils the requirements in regulations 11F(1) and (2) (competence: general requirement) and 11H(1) (competence: principal contractor) in relation to the building work.

(6) Any request to undertake any building work or any design work must not be accepted by A if A does not satisfy the requirements in regulation 11F(1) and (2) (competence: general requirement) at the time of the appointment (except where those requirements do not apply to A by virtue of regulation 11F(3)).

(7) A must not act—

(a)as the principal designer in relation to any design work if A does not satisfy the requirements in regulations 11F(1) and (2) (competence: general requirement) and 11G(1) (competence: principal designer) at the time of the appointment as the principal designer;

(b)as the principal contractor in relation to any building work if A does not satisfy the requirements in regulations 11F(1) and (2) (competence: general requirement) and 11H(1) (competence: principal contractor) at the time of the appointment as the principal contractor.

(8) In this regulation “serious sanction” means—

(a)the issue to A of a compliance notice which referred to contravention or likely contravention of a requirement of Part A (structure) or Part B (fire safety) of Schedule 1;

(b)the issue to A of a stop notice;

(c)the conviction of A for any offence under—

(i)the Act;

(ii)the Health and Safety at Work etc. Act 1974;

(iii)the Building Safety Act 2022;

(iv)the Regulatory Reform (Fire Safety) Order 2005;

(d)a report published by an inquiry under the Inquiries Act 2005 finds that A’s action or inaction resulted in one or more deaths or was likely to have been a contravention of any requirement of—

(i)the Act;

(ii)Part A (structure) or Part B (fire safety) of Schedule 1;

(iii)the Health and Safety at Work etc. Act 1974;

(iv)the Building Safety Act 2022;

(v)the Regulatory Reform (Fire Safety) Order 2005.

CHAPTER 3E+W

CompetenceE+W

Competence: general requirementE+W

11F.—(1) Any person carrying out any building work or any design work must have—

(a)where the person is an individual, the skills, knowledge, experience and behaviours necessary,

(b)where the person is not an individual, the organisational capability,

to carry out—

(i)the building work in accordance with all relevant requirements;

(ii)the design work so that the building work to which the design relates, if built, would be in accordance with all relevant requirements.

(2) Any person carrying out any building work as a contractor or any design work as a designer must have—

(a)where the person is an individual, the skills, knowledge, experience and behaviours necessary,

(b)where the person is not an individual, the organisational capability,

to fulfil the duties of a contractor or designer, as the case may be, under these Regulations in relation to the work.

(3) The requirements in paragraphs (1) and (2) do not apply to an individual (T) who is in training to fulfil those requirements.

(4) The person who asked T to carry out any building work or, as the case may be, any design work must ensure T is adequately supervised when carrying out the work.

(5) A person who is in training to fulfil the requirements of a principal contractor or a principal designer may not be appointed as a principal contractor or a principal designer.

Competence: principal designerE+W

11G.—(1) A principal designer must have—

(a)where the person is an individual, the skills, knowledge, experience and behaviours necessary,

(b)where the person is not an individual, the organisational capability,

to fulfil the duties of a principal designer under these Regulations in relation to the design work included in the project.

(2) Where the principal designer (D) is not an individual, D must designate an individual who has the task of managing its functions as the principal designer.

(3) Before making the designation under paragraph (2), D must take all reasonable steps to satisfy themself that the individual to be designated has the skills, knowledge, experience and behaviours necessary to manage the function of principal designer on behalf of D in such a way as to ensure D fulfils the duties of the principal designer under these Regulations in relation to the design work included in the project.

Competence: principal contractorE+W

11H.—(1) A principal contractor must have—

(a)where the person is an individual, the skills, knowledge, experience and behaviours necessary,

(b)where the person is not an individual, the organisational capability,

to fulfil the duties of a principal contractor under these Regulations in relation to the building work included in the project.

(2) Where the principal contractor (C) is not an individual, C must designate an individual under C’s control who has the task of managing its functions as the principal contractor.

(3) Before making the designation under paragraph (2), C must take all reasonable steps to satisfy themself that the individual to be designated has the skills, knowledge, experience and behaviours necessary to manage the function of principal contractor on behalf of C in such a way as to ensure C fulfils the duties of the principal contractor under these Regulations in relation to the building work included in the project.

Ceasing to be competent: notificationE+W

11I.—(1) Where at any time a person (A) ceases to satisfy the requirements in regulation 11F(1), 11F(2), 11G(1) or, as the case may be, 11H(1) in relation to any building work or any design work, A must—

(a)in a case where A is the principal designer or the principal contractor, notify the client;

(b)in a case where there is more than one contractor and A is a designer, notify the person who asked them to carry out the design work and the principal designer;

(c)in a case where there is more than one contractor and A is a contractor, notify the person who asked them to carry out the building work and the principal contractor;

(d)in any other case, notify the person who asked them to carry out the work.

(2) If at the time of the notification under paragraph (1)(b) there is no principal designer appointed, that paragraph has effect as if the reference to the principal designer were a reference to the client.

(3) If at the time of the notification under paragraph (1)(c) there is no principal contractor appointed, that paragraph has effect as if the reference to the principal contractor were a reference to the client.

CHAPTER 4E+W

Duties of dutyholdersE+W

General dutyE+W

11J.—(1) Any person carrying out any building work must ensure the work carried out by them (and by any workers under their control) is planned, managed and monitored so as to be in compliance with all relevant requirements.

(2) Any person carrying out any design work must take all reasonable steps to ensure the design work carried out by them (and by any workers under their control) is planned, managed and monitored so that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.

(3) Any person carrying out any building work must cooperate with the client, designers and contractors (including the principal designer and principal contractor, if any) to the extent necessary to ensure that the work is in compliance with all relevant requirements.

(4) Any person carrying out any design work must cooperate with the client, designers and contractors (including the principal designer and principal contractor, if any) to the extent necessary to ensure that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.

Additional duties of designersE+W

11K.—(1) A designer must not start design work unless satisfied that the client is aware of the duties owed by the client for the building work to which the design relates under all relevant requirements.

(2) When carrying out design work the designer must take all reasonable steps to ensure that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.

(3) In providing a design, a designer must take all reasonable steps to provide sufficient information about the design, construction and maintenance of the building to assist the client, other designers and contractors to comply with all relevant requirements.

(4) Where a designer is carrying out only part of the design of the building work which comprises a project, the designer must consider other design work which directly relates to that building work and report any concerns as to compliance with all relevant requirements to the principal designer.

(5) If requested to do so, a designer must provide advice to the principal designer or the client on whether any work, to which a design they are preparing or modifying relates, is higher-risk building work.

Additional duties of contractorsE+W

11L.—(1) A contractor must not start any building work unless satisfied that the client is aware of the duties owed by the client under all relevant requirements.

(2) A contractor must—

(a)ensure the building work they carry out is in compliance with all relevant requirements; and

(b)provide each worker under their control with appropriate supervision, instructions and information so as to ensure that the building work is in compliance with all relevant requirements.

(3) In relation to building work, a contractor must take all reasonable steps to provide sufficient information about the work to assist the client, other contractors and designers to comply with all relevant requirements.

(4) Where a contractor is carrying out only part of the building work which comprises a project, the contractor must consider other work which directly relates to that building work and report any concerns as to compliance with all relevant requirements to the principal contractor.

(5) If requested to do so, a contractor must provide advice to the principal contractor or the client on whether any work is higher-risk building work.

Additional duties of a principal designerE+W

11M.—(1) The principal designer must—

(a)plan, manage and monitor the design work during the design phase; and

(b)coordinate matters relating to the design work comprised in the project so that all reasonable steps are taken to ensure that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.

(2) The principal designer must take all reasonable steps to ensure that—

(a)designers, and any other person involved in relation to design work, cooperate with the client, the principal designer, the principal contractor and each other;

(b)the design work of all designers is coordinated so that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements; and

(c)designers, and any other person involved in relation to design work, comply with the duties under these Regulations.

(3) The principal designer must liaise with the principal contractor and share with the principal contractor any information relevant to—

(a)the planning, management and monitoring of the building work, and

(b)the coordination of building work and design work for the purpose of ensuring compliance with all relevant requirements.

(4) Where the principal contractor provides comments to the principal designer in relation to compliance with the relevant requirements, the principal designer must have regard to those comments.

(5) The principal designer must—

(a)if requested, assist the client in providing information to other designers and contractors;

(b)when the principal designer’s appointment ends, no later than 28 days after the end of the appointment, give to the client a document explaining the arrangements it put in place to fulfil the duties under paragraphs (1) to (3).

(6) Where a replacement principal designer is appointed, they must review the arrangements the previous principal designer put in place for fulfilling the duties under paragraphs (1) to (3) so that all reasonable steps are taken to ensure that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.

Additional duties of a principal contractorE+W

11N.—(1) The principal contractor must—

(a)plan, manage and monitor the building work during the construction phase, and

(b)coordinate matters relating to the building work comprised in the project to ensure the building work is in compliance with all relevant requirements.

(2) The principal contractor must take all reasonable steps to ensure—

(a)contractors and any other person involved in relation to the building work cooperate with the client, the principal designer, the principal contractor and each other (including any successor in a role);

(b)the building work of all contractors is coordinated so that the work is in compliance with all relevant requirements; and

(c)contractors and any other person involved in relation to building work comply with the duties under these Regulations.

(3) The principal contractor must liaise with the principal designer and share with the principal designer any information relevant to—

(a)the planning, management and monitoring of the design work, and

(b)the coordination of building work and design work for the purpose of ensuring compliance with all relevant requirements.

(4) Where the principal designer provides comments to the principal contractor in relation to compliance with the relevant requirements the principal contractor must have regard to those comments.

(5) The principal contractor must—

(a)if requested, assist the client in providing information to other designers and contractors;

(b)when the principal contractor’s appointment ends, no later than 28 days after the end of the appointment, give to the client a document explaining the arrangements it put in place to fulfil the duties under paragraphs (1) to (3).

(6) Where a replacement principal contractor is appointed it must review the arrangements the previous principal contractor put in place for fulfilling the duties under paragraphs (1) to (3) to ensure that the building work is in compliance with all relevant requirements.

Notification of change of dutyholderE+W

11O.—(1) This paragraph applies where, in relation to any building work, at any time after an application for building control approval is made or a building notice is given the client for a project changes.

(2) Where paragraph (1) applies the new client must give a notice to the relevant authority which includes—

(a)the location of the building work;

(b)the name, address, telephone number and (if available) email address of the new client and the date of they became the client;

(c)the name, address, telephone number and (if available) email address of the previous client and the date they ceased to be the client;

(d)where the notice is given by someone on behalf of the new client, a statement signed by the new client confirming they agree to the notice being made and that the information contained in the notice is correct.

(3) This paragraph applies where, in relation to any building work, at any time after an application for building control approval is made or a building notice is given the client appoints a principal contractor (or sole contractor) or a principal designer (or sole or lead designer).

(4) Subject to paragraph (5), where paragraph (3) applies the client must give a notice to the relevant authority which includes—

(a)the location of the building work;

(b)the name, address, telephone number and (if available) email address of the person appointed (PA) and the date of appointment;

(c)except where PA is the first person appointed to the role, the name, address, telephone number and (if available) email address of the person who held the role before PA (“outgoing dutyholder”) and the date their appointment ended;

(d)where the notice is given by someone on behalf of the client, a statement signed by the client confirming they agree to the notice being given and that the information contained in the notice is correct.

(5) Where the client is a domestic client (DC), the following applies instead of paragraph (4)—

(a)an outgoing dutyholder must provide the information referred to in paragraph (4)(c) to the DC within 5 calendar days of the date their appointment ends;

(b)DC must provide the information referred to under paragraph (4)(c) to PA on the date of appointment of PA or as soon as practicable after that date;

(c)subject to paragraph (6), PA must give a notice to the relevant authority which includes—

(i)the location of the building work;

(ii)the name, address, telephone number and (if available) email address of PA and the date of appointment;

(iii)except where PA is the first person appointed to the role, the name, address, telephone number and (if available) email address of the outgoing dutyholder and the date their appointment ended;

(iv)a statement explaining the notice is given on behalf of a domestic client.

(6) Where PA has not received the information required to be provided under paragraph (5)(b) by the time the notice under paragraph (5)(c) is to be given, the statement given by PA under paragraph (5)(c)(iv) must also include an explanation to that effect.

(7) A notice required under paragraph (2), (4) or (5)(c) must be given to the relevant authority within the period of 14 calendar days beginning with the date of the appointment or, as the case may be, the date when the person became the client.

(8) This regulation does not apply to higher-risk building work.

CHAPTER 5E+WGeneral

Minor workE+W

11P.  A client is not required to comply with this Part where the building work or design work consists only of work described in Schedule 4.

Interpretation of this PartE+W

11Q.—(1) In this Part—

“the CDM Regulations” means the Construction (Design and Management) Regulations 2015;

“building information” means information in the client’s possession or which is reasonably obtainable by or on behalf of the client, which is relevant to the building work or the design work, including information about—

(a)

the work;

(b)

planning and management of the project;

(c)

issues relating to compliance with any relevant requirement and how they were addressed;

“CDM principal contractor” means a contractor appointed as principal contractor under the CDM Regulations;

“CDM principal designer” means a designer appointed as principal designer under the CDM Regulations;

“design” includes drawings, design details, specifications and bills of quantities (including specification of articles or substances) relating to a building, and calculations prepared for the purpose of a design;

“design phase” means any period during which design work is carried out for a project and may continue during the construction phase;

“relevant requirements” means, to the extent relevant to the building work or design work in question, the requirements of regulations 4, 6, 7, 8, 22, 23, 25B, 26, 26A, 28, 36, 41(2)(a), 42(2)(a), 43(2)(a), 44A, 44ZA, 44ZC and 44D to 44I and Schedule 1.

(2) References in this Part to an appointment under regulation 11D (principal designer and principal contractor) includes an appointment which is certified under regulation 11D(2).

(3) For the purposes of this Part, “organisational capability” means appropriate management policies, procedures, systems and resources to ensure—

(a)individuals under the control of the organisation who are carrying out any building work or any design work comply with—

(i)regulation 11F(1) and (2) (competence: general requirement),

(ii)in case of the principal designer, regulations 11F(1) and (2) and 11G(1);

(iii)in case of the principal contractor, regulations 11F(1) and (2) and 11H(1);

(b)individuals under the control of the organisation who are in training to develop the necessary skills, knowledge, experience and behaviours are appropriately supervised.

(4) For the purposes of this Part the necessary behaviours include—

(a)compliance with relevant requirements, including refusing to carry out—

(i)any building work which is not in compliance with any relevant requirement;

(ii)any design work if the building work to which the design relates cannot be carried out in compliance with all relevant requirements;

(b)cooperation with other persons in relation to the work;

(c)refusing to carry out work which is beyond their skills, knowledge or experience, and asking for the assistance of other persons where necessary.]

PART 3E+WNotices, Plans and Certificates

Giving of a building notice or [F87an application for building control approval] E

12.—(1) This regulation applies to a person who intends to—

(a)carry out building work;

(b)replace or renovate a thermal element in a building to which the energy efficiency requirements apply;

(c)make a change to a building's energy status; or

(d)make a material change of use.

(2) Subject to the following provisions of this regulation, a person to whom this regulation applies shall—

(a)give to the [F88relevant authority] a building notice in accordance with regulation 13; or

(b)[F89give an application for building control approval with full plans to the relevant authority] in accordance with regulation 14.

(3) A person intending to carry out building work in relation to a building to which the Regulatory Reform (Fire Safety) Order 2005 M11 applies, or will apply after the completion of the building work, shall [F90give an application for building control approval with full plans].

(4) A person intending to carry out building work which includes the erection of a building fronting onto a private street shall [F91give an application for building control approval with full plans].

(5) A person intending to carry out building work in relation to which paragraph H4 of Schedule 1 imposes a requirement shall [F92give an application for building control approval with full plans].

(6) A person intending to carry out building work is not required to give a building notice or [F93an application for building control approval with full plans] where the work consists only of work—

(a)described in column 1 of the Table in Schedule 3 if the work is to be carried out by a person described in the corresponding entry in column 2 of that Table;

(b)described in Schedule 4 F94[F95; or

(c)described in column 1 of the Table in Schedule 3A if the work is to be inspected by a person described in the corresponding entry in column 2 of that Table (a “third party certifier”) who has been appointed by the person intending to carry out the building work before the commencement of that work].

[F96(6A) A person intending to carry out building work in relation to which Part P of Schedule 1 imposes a requirement is required to give a building notice or [F97an application for building control approval with full plans] where the work consists of—

(a)the installation of a new circuit;

(b)the replacement of a consumer unit; or

(c)any addition or alteration to existing circuits in a special location.]

(7) Where [F98regulation 22 of the Building (Registered Building Control Approvers etc.) (England) Regulations 2024] (local authority powers in relation to partly completed work) applies, the owner shall comply with the requirements of that regulation instead of with this regulation.

(8) Where—

(a)a person proposes to carry out building work which consists of emergency repairs;

(b)it is not practicable to comply with paragraph (2) before commencing the work; and

(c)paragraph (6) does not apply,

the person shall give a building notice to the [F99relevant authority] as soon as reasonably practicable after commencement of the work.

(9) In this regulation—

“fronting” has the meaning given in section 203(3) of the Highways Act 1980M12; F100...

“private street” has the meaning given in section 203(2) of the Highways Act 1980M13F101... [F102; and

“special location” means—

(a)

within a room containing a bath or shower, the space surrounding a bath tap or shower head, where the space extends—

(i)

vertically from the finished floor level to—

(aa)

a height of 2.25 metres; or

(bb)

the position of the shower head where it is attached to a wall or ceiling at a point higher than 2.25 metres from that level; and

(ii)

horizontally—

(aa)

where there is a bath tub or shower tray, from the edge of the bath tub or shower tray to a distance of 0.6 metres; or

(bb)

where there is no bath tub or shower tray, from the centre point of the shower head where it is attached to the wall or ceiling to a distance of 1.2 metres; or

(b)

a room containing a swimming pool or sauna heater.]

Extent Information

E3This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F95Reg. 12(6)(c) and word inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 2(3)(a)(ii) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F96Reg. 12(6A) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 6(a), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F100Word in reg. 12(9) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 6(b)(i), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F101Reg. 12(9): full stop omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 6(b)(ii), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

F102Words in reg. 12(9) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 6(b)(ii), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Marginal Citations

M13Section 203(2) was amended by paragraph 45(11) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c.11) and Part 5 of Schedule 19 to the Planning and Compensation Act 1991 (c.34).

Giving of a building notice or deposit of plansW

12.—(1) This regulation applies to a person who intends to—

(a)carry out building work;

(b)replace or renovate a thermal element in a building to which the energy efficiency requirements apply;

(c)make a change to a building's energy status; or

(d)make a material change of use.

(2) Subject to the following provisions of this regulation, a person to whom this regulation applies shall—

(a)give to the local authority a building notice in accordance with regulation 13; or

(b)deposit full plans with the local authority in accordance with regulation 14.

(3) A person intending to carry out building work in relation to a building to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of the building work, shall deposit full plans.

(4) A person intending to carry out building work which includes the erection of a building fronting onto a private street shall deposit full plans.

(5) A person intending to carry out building work in relation to which paragraph H4 of Schedule 1 imposes a requirement shall deposit full plans.

(6) A person intending to carry out building work is not required to give a building notice or deposit full plans where the work consists only of work—

(a)described in column 1 of the Table in Schedule 3 if the work is to be carried out by a person described in the corresponding entry in column 2 of that Table; [F493or]

(b)described in Schedule 4; ...

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Where regulation 19 of the Building (Approved Inspectors etc) Regulations 2010 (local authority powers in relation to partly completed work) applies, the owner shall comply with the requirements of that regulation instead of with this regulation.

(8) Where—

(a)a person proposes to carry out building work which consists of emergency repairs;

(b)it is not practicable to comply with paragraph (2) before commencing the work; and

(c)paragraph (6) does not apply,

the person shall give a building notice to the local authority as soon as reasonably practicable after commencement of the work.

(9) In this regulation—

“fronting” has the meaning given in section 203(3) of the Highways Act 1980; ...

“private street” has the meaning given in section 203(2) of the Highways Act 1980 ... [F494; and

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

Extent Information

E30This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F494Words in reg. 12(9) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 6(b)(ii), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Particulars and plans where a building notice is givenE+W

13.—(1) A building notice shall state the name and address of the person intending to carry out the work and shall be signed by that person or on that person's behalf, and shall contain or be accompanied by—

(a)a statement that it is given for the purpose of regulation 12(2)(a);

(b)a description of the proposed building work, renovation or replacement of a thermal element, change to the building's energy status or material change of use; F103[F104and]

(c)particulars of the location of the building to which the proposal relates and the use or intended use of that building F105[F106; and

(d)in the case of a new dwelling—

(i)a statement whether or not any optional requirement applies to the building work, and if so which, or

(ii)a statement that planning permission has not yet been granted for the work, and that the information required by subparagraph (i) will be supplied before the end of a period of twenty eight days beginning on the day after that permission is granted].

F107[F108(1A) In the case of a new dwelling, where a statement under paragraph (1)(d)(ii) has accompanied the building notice, a statement in the terms required by paragraph (1)(d)(i) must be provided to the [F109local authority] [F109relevant authority] before the end of a period of twenty eight days beginning on the day after planning permission is granted for the building work, and the statement must state that it is supplementary to the information given in respect of the work pursuant to paragraph (1)(d).]

(2) In the case of the erection or extension of a building, a building notice shall be accompanied by—

(a)a plan to a scale of not less than 1:1250 showing—

(i)the size and position of the building, or the building as extended, and its relationship to adjoining boundaries;

(ii)the boundaries of the curtilage of the building, or the building as extended, and the size, position and use of every other building or proposed building within that curtilage;

(iii)the width and position of any street on or within the boundaries of the curtilage of the building or the building as extended;

(b)a statement specifying the number of storeys (each basement level being counted as one storey), in the building to which the proposal relates; and

(c)particulars of—

(i)the provision to be made for the drainage of the building or extension; and

(ii)the steps to be taken to comply with any local enactment which applies.

[F110(2A) In the case of the erection of a dwelling, or a building that is to contain one or more dwellings, a building notice shall be accompanied by—

(a)particulars of any public electronic communications network in relation to which a connection is to be provided,

(b)if an exemption in regulation 44ZB is proposed to be relied on, evidence in support of the exemption, and

(c)if regulation 44ZC is proposed to be relied on—

(i)evidence of the matters mentioned in regulation 44ZC(6)(a) and (b), and

(ii)if paragraph RA1(1)(c)(i) or (ii) of Schedule 1 is also proposed to be relied on, evidence of the steps taken to establish whether, and if so where, a distribution point for a gigabit-capable public electronic communications network (as defined by regulation 44C) is likely to be installed, in a location relevant for the purposes of paragraph RA(1)(c), within the period of 2 years beginning with the day on which the notice is given.]

(3) Where a building notice has been given, a person carrying out building work, renovation or replacement of a thermal element, change to the building's energy status or making a material change of use shall give the [F111local authority] [F111relevant authority], within such time as they specify, such plans as are, in the particular case, necessary for the discharge of their functions in relation to building regulations and are specified by them in writing.

(4) Neither a building notice nor plans which accompany it or are given under paragraph (3) are to be treated [F112for the purposes of section 16 of the Act as having been deposited] [F112as an application for building control approval with full plans] in accordance with building regulations.

(5) A building notice shall cease to have effect on the expiry of three years from the date on which that notice was given to the [F113local authority] [F113relevant authority], unless before the expiry of that period—

(a)the building work to which the notice related was commenced; or

(b)the change to the building's energy status or the material change of use described in the notice was made.

Textual Amendments

F103Word in reg. 13(1) omitted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by virtue of The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(5)(a)(i) (with regs. 1(3), 4) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F105Reg. 13(1)(d) and word "; or" omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 5(2)(a)(ii)(iii) (with reg. 29)

F106Reg. 13(1)(d) and word inserted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(5)(a)(ii) (with regs. 1(3), 4) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F108Reg. 13(1A) inserted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(5)(b) (with regs. 1(3), 4) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

[F114Applications for building control approval with full plansE

14.—(1) An application for building control approval with full plans must be made in writing, signed by the person making the application (“the applicant”), and must include—

(a)the name, address, telephone number and (if available) email address of the applicant;

(b)where the applicant is not the client, the name, address, telephone number and (if available) email address of the client;

(c)where known at the date of the application, the name, address, telephone number and (if available) email address of the principal contractor (or sole contractor) and the principal designer (or sole or lead designer);

(d)a statement—

(i)that the application is an application for building control approval with full plans given under regulation 12(2)(b);

(ii)as to whether the building is a building to which the Regulatory Reform (Fire Safety) Order 2005 applies or will apply after completion of the building work;

(e)where the work consists of work to an existing building, a description of the existing building including—

(i)details of the current use of the building, including the current use of each storey;

(ii)the height of the building;

(iii)the number of storeys in the building as determined in accordance with regulation 6 of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023;

(f)a description of the proposed work, including—

(i)details of the intended use of the building, including the intended use of each storey;

(ii)the height of the building after the proposed work;

(iii)the number of storeys in the building after the proposed work as determined in accordance with regulation 6 of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023;

(iv)the provision to be made for the drainage of the building;

(v)where paragraph H4 of Schedule 1 imposes a requirement, the precautions to be taken in the building over a drain, sewer or disposal main to comply with the requirements of that paragraph;

(vi)the steps to be taken to comply with any local enactment that applies; and

(vii)a statement setting out—

(aa)the date when it is proposed the work will reach the point when it is to be regarded as commenced in accordance with regulation 46A (lapse of building control approval: commencement of work); and

(bb)where the work does not consist of work to which paragraph (2) or (3) of regulation 46A applies, details of the work which the client considers amounts to 15% of the proposed work.

(2) An application for building control approval with full plans must be accompanied by—

(a)(i)two copies of the full plans, or

(ii)where Part B of Schedule 1 (fire safety) imposes a requirement in relation to proposed building work, four copies of the full plans;

(b)where the application is made by someone on behalf of the client, a statement signed by the client confirming they agree to the application being made and that the information contained in the application is correct.

(3) Plans are only full plans if they consist of—

(a)a description of the proposed building work, renovation or replacement of a thermal element, change to the building’s energy status or material change of use;

(b)the plans, particulars and statements required by paragraphs (1), (1A) [F115, (2) and (2A)] of regulation 13;

(c)where paragraph H4 of Schedule 1 imposes a requirement, particulars of the precautions to be taken in building over a drain, sewer or disposal main to comply with the requirements of that paragraph; and

(d)any other plans which are necessary to show that the work would comply with these Regulations.

(4) Paragraph (2)(a)(ii) does not apply where the proposed building work relates only to the erection, extension or material alteration of a dwelling-house or flat.]

Extent Information

E4This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

Full plansW

14.—(1) Full plans shall be accompanied by a statement that they are deposited for the purpose of regulation 12(2)(b).

(2) (a) Full plans shall be deposited in duplicate, of which the local authority may retain one copy; and

(b)where Part B of Schedule 1 (fire safety) imposes a requirement in relation to proposed building work, an additional two copies of any such plans as demonstrate compliance with that requirement shall be deposited, both of which may be retained by the local authority.

(3) Full plans shall consist of—

(a)a description of the proposed building work, renovation or replacement of a thermal element, change to the building's energy status or material change of use, and the plans, particulars and statements required by paragraphs (1) [F495, (1A)] and (2) of regulation 13;

(b)where paragraph H4 of Schedule 1 imposes a requirement, particulars of the precautions to be taken in building over a drain, sewer or disposal main to comply with the requirements of that paragraph; and

(c)any other plans which are necessary to show that the work would comply with these Regulations.

(4) Full plans shall be accompanied by a statement as to whether the building is a building in relation to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of the building work.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Paragraph (2)(b) shall not require the deposit of additional copies of plans where the proposed building work relates to the erection, extension or material alteration of a dwelling-house or flat.

Extent Information

E31This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F495Word in reg. 14(3)(a) inserted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(6) (with regs. 1(3), 4) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

[F114Determination of applications for building control approval with full plansE+W

14A.—(1) Subject to paragraph (5), where an application for building control approval with full plans is made in accordance with regulations 12(2)(b) and 14, the relevant authority must grant the application for building control approval unless the application (including the plans or other documents which accompany it)—

(a)does not comply with the requirements of regulation 14 (applications for building control approval with full plans);

(b)is not sufficiently detailed in any respect to allow the relevant authority to determine whether the proposed work would contravene any applicable requirement of the building regulations;

(c)shows that—

(i)the proposed work would contravene any applicable requirement of these Regulations; or

(ii)in a case where details are provided under regulation 14(1)(f)(vii), the work set out in the details would not in the relevant authority’s opinion amount to 15% of the work.

(2) If the application for building control approval with full plans (or any plans or other documents which accompany it) is defective or shows that the proposed work would contravene any requirement of these Regulations, the relevant authority may—

(a)reject the application; or

(b)subject to paragraph (4), grant the application for building control approval subject to either or both of the requirements set out in paragraph (3).

(3) The requirements mentioned in paragraph (2) are—

(a)that such modifications as the relevant authority may specify must be made in the full plans, and

(b)that such further plans as the authority may specify must be provided before work to which those plans relate starts.

(4) A relevant authority may only grant an application for building control approval with full plans subject to a requirement in paragraph (3) if the person making the application (“the applicant”)—

(a)has requested in writing the authority does so, or

(b)has consented in writing to the authority doing so.

(5) The duty in paragraph (1) is subject to any provision in sections 19 to 25 of the Act which expressly requires or authorises the authority to reject an application for building control approval.

(6) The relevant authority must notify the applicant of the outcome of the application within five weeks beginning with the date the application is received by the relevant authority, or within such longer period as at any time the authority and the applicant agree in writing.

(7) A failure by the relevant authority to notify the applicant in accordance with paragraph (6) is not to be treated as a grant of the application or a rejection of the application.

(8) A notice that the application under paragraph (1) is rejected must give the reasons for the rejection.

(9) A notice that the application is granted subject to a requirement must specify the requirement imposed.

(10) Where the application for building control approval with full plans is successful the effect is that the building control approval is granted.

Textual Amendments

Appeal against a local authority’s rejection of an application for building control approvalE+W

14B.—(1) A person (“the appellant”) who has made an application for building control approval with full plans to a local authority may appeal to the regulator against the decision of the local authority to reject the application provided the appeal is made within 21 relevant days beginning with the day after the day on which the local authority notifies the person under regulation 14A(6) (determination of applications for building control approval with full plans).

(2) The regulator may allow an appeal under paragraph (1) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable; or

(d)that the decision was made without following the procedures set out in the Act or regulations made under the Act.

(3) If the regulator allows an appeal it may quash or vary the decision.

(4) A person aggrieved with the decision of the regulator on an appeal under this regulation may appeal that decision to the First-tier Tribunal within 21 relevant days beginning with the day after the day on which the regulator notifies the person of its decision.

(5) The First-tier Tribunal may allow an appeal referred to in paragraph (4) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable; or

(d)that the decision was made without following the procedures set out in the Act or regulations made under the Act.

(6) If the First-tier Tribunal allows an appeal it may quash or vary the decision.

Textual Amendments

Appeal against the regulator’s rejection of an application for building control approval for work that is not higher-risk building workE+W

14C.—(1) In relation to work for which the regulator is the building control authority pursuant to a regulator’s notice, a person (“the appellant”) who has made an application for building control approval with full plans to the regulator may appeal to the First-tier Tribunal against the decision of the regulator to reject the application provided the appeal is made within 21 relevant days beginning with the day after the day on which the regulator notifies the person under regulation 14A(6) (determination of applications for building control approval with full plans).

(2) The First-tier Tribunal may allow an appeal referred to in paragraph (1) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable;

(d)that the decision was made without following the procedures set out in the Act or regulations made under the Act.

(3) If the First-tier Tribunal allows an appeal it may quash or vary the decision.]

Textual Amendments

Consultation with sewerage undertakerE

15.—(1) This regulation applies where [F116an application for building control approval with full plans has been given to the relevant authority] and paragraph H4 of Schedule 1 imposes requirements in relation to the building work which is the subject of those plans.

(2) Where this regulation applies the [F117relevant authority] shall consult the sewerage undertaker—

(a)as soon as practicable after [F118the application for building control approval with full plans has been given]; and

(b)before issuing any completion certificate in relation to the building work in accordance with regulation 17 F119[F120or 17A].

(3) Where a [F121relevant authority] are required by paragraph (2) to consult the sewerage undertaker they shall—

(a)give to the sewerage undertaker, in a case where the authority are consulting them following [F122the giving of an application for building control approval with full plans], sufficient plans to show whether the work would, if carried out in accordance with those plans, comply with the applicable requirements of paragraph H4 of Schedule 1;

(b)have regard to any views expressed by the sewerage undertaker; and

(c)not [F123grant the application for building control approval] or issue a completion certificate until 15 days have elapsed from the date on which they consulted the sewerage undertaker, unless the sewerage undertaker has expressed its views to them before the expiry of that period.

Extent Information

E5This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F119Words in reg. 15(2)(b) substituted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 6 (with reg. 1(2)(3))

F120Words in reg. 15(2)(b) substituted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 8, Sch. 1 (with regs. 1(3), 45-47)

Consultation with sewerage undertakerW

15.—(1) This regulation applies where full plans have been deposited with the local authority and paragraph H4 of Schedule 1 imposes requirements in relation to the building work which is the subject of those plans.

(2) Where this regulation applies the local authority shall consult the sewerage undertaker—

(a)as soon as practicable after the plans have been deposited; and

(b)before issuing any completion certificate in relation to the building work in accordance with regulation 17 [F496or 17A].

(3) Where a local authority are required by paragraph (2) to consult the sewerage undertaker they shall—

(a)give to the sewerage undertaker, in a case where the authority are consulting them following the deposit of full plans, sufficient plans to show whether the work would, if carried out in accordance with those plans, comply with the applicable requirements of paragraph H4 of Schedule 1;

(b)have regard to any views expressed by the sewerage undertaker; and

(c)not pass plans or issue a completion certificate until 15 days have elapsed from the date on which they consulted the sewerage undertaker, unless the sewerage undertaker has expressed its views to them before the expiry of that period.

Extent Information

E32This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F496Words in reg. 15(2)(b) substituted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 8, Sch. 1 (with regs. 1(3), 45-47)

[F124Consultation in relation to fire safetyE+W

15A.—(1) This regulation applies where it is proposed—

(a)to erect, extend or make any structural alteration to a building to which the Regulatory Reform (Fire Safety) Order 2005 applies or will apply after completion of the work, or

(b)to change the use of a building to which the Regulatory Reform (Fire Safety) Order 2005 applies or will apply after the change of use,

and, in connection with that proposal, an application for building control approval with full plans is given to a relevant authority.

(2) Subject to paragraph (3), where this regulation applies the relevant authority must consult the enforcing authority before determining the application for building control approval with full plans given to the relevant authority.

(3) The duty to consult imposed by paragraph (2) does not apply where the relevant authority is the enforcing authority.

(4) In this regulation “enforcing authority” has the same meaning as in article 25 of the Regulatory Reform (Fire Safety) Order 2005.]

Textual Amendments

[F125Notices in relation to building work]E

16.—(1) Subject to paragraphs (8) and (9), a person who proposes to carry out building work shall not [F126start that work] unless—

(a)that person has given the [F127relevant authority] notice of intention to [F128start work]; and

(b)at least two days have elapsed since the end of the day on which the notice was given.

[F129(2) Subject to paragraph (8), a person carrying out building work must notify the [F130relevant authority] as required by the authority in accordance with paragraph (3).

(3) Subject to the conditions in paragraphs (3A) and (3B), where a [F131relevant authority] receives notice of intention to [F132start work] under paragraph (1) they may give the person carrying out the work a notice in writing which—

(a)requires that person to notify the authority that a specified stage of the work (other than a stage specified in paragraphs (4) and (5)) has been reached; and

(b)may specify one or more periods of time, applying to each such required notification, which may be either or both of the following—

(i)a period before or after the work has been carried out within which the notification must be made; and

(ii)a period during which the work concerned must not be covered up.

(3A) A [F133relevant authority] may only specify a stage of the building work in accordance with paragraph (3)(a) if at the time they do so they intend to carry out an inspection of that stage.

(3B) For the purposes of paragraph (3A) the [F134relevant authority]'s intention to carry out an inspection of a stage of building work must be based on their assessment of the risk of breach of these Regulations if they do not inspect the work.]

[F135(3C) Not more than five days after the day on which work is to be regarded as commenced the person carrying out the work must give a notice to that effect to the relevant authority.

(3D) The relevant authority may take such steps, including—

(a)requiring information;

(b)laying open of work for inspection,

as the authority thinks appropriate to check whether the work is to be regarded as commenced.

(3E) If the relevant authority are not satisfied the work is to be regarded as commenced they must give the person carrying out the work a notice to that effect (“rejection notice”) within four weeks of the date the notice under paragraph (3C) is given, and the rejection notice must give the reasons for rejection.

(3F) Where a notice is given under paragraph (3C) and the period referred to in paragraph (3E) expires without a rejection notice being given, then the work is to be regarded as commenced.

(3G) If the person carrying out the work accepts the rejection notice they may not give a further notice under paragraph (3C) unless, having regard to the reasons given by the relevant authority, they are satisfied the work is to be regarded as commenced.

(3H) A person who gave the notice under paragraph (3C) may appeal to the First-tier Tribunal against the decision of the relevant authority to reject the notice provided the appeal is made within 21 relevant days beginning with the day after the day on which the relevant authority gives the rejection notice.

(3I) The First-tier Tribunal may allow an appeal under paragraph (3H) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable; or

(d)that the decision was made without following the procedures set out in the Act or regulations made under that Act.

(3J) For the purposes of paragraphs (3C) to (3I) the provisions of regulation 46A (lapse of building control approval: commencement of work) apply to determine whether work is to be regarded as commenced.]

(4) Subject to paragraph (8), a person carrying out building work shall, not more than five days after that work has been completed, give the [F136relevant authority] [F137a notice which complies with paragraph (4A)].

[F138(4A) The notice under paragraph (4) must include—

(a)the name, address, telephone number and (if available) email address of the client;

(b)the name, address, telephone number and (if available) email address of the principal contractor (or sole contractor) and the principal designer (or sole or lead designer);

(c)a statement that the building work is complete;

(d)a statement, signed by the client, confirming that to the best of the client’s knowledge the work complies with all applicable requirements of the building regulations;

(e)a statement given by each principal contractor (or sole contractor) for the work and each principal designer (or sole or lead designer) for the work, signed by the person to which the declaration relates, which includes—

(i)the name, address, telephone number and (if available) email address of that person;

(ii)the dates of their appointment, and

(iii)confirmation—

(aa)in the case of a principal contractor (or sole contractor), that they fulfilled their duties as a principal contractor under Part 2A (dutyholders and competence) of these Regulations;

(bb)in the case of a principal designer (or sole or lead designer), that they fulfilled their duties as a principal designer under Part 2A (dutyholders and competence) of these Regulations.]

(5) Where a building is being erected F139[F140to which the Regulatory Reform (Fire Safety) Order 2005 M14 applies, or will apply after the completion of the work ], and that building (or any part of it) is to be occupied before completion, the person carrying out that work shall give the [F141relevant authority] [F142a notice which complies with paragraph (5A) at least 5 days] before the building or any part of it is occupied.

[F143(5A) The notice under paragraph (5) must include—

(a)the name, address, telephone number and (if available) email address of the client;

(b)the name, address, telephone number and (if available) email address of the principal contractor (or sole contractor) and the principal designer (or sole or lead designer);

(c)the date when the building or any part of it is to be occupied;

(d)a statement, signed by the client, confirming that to the best of the client’s knowledge, regardless of the completion of the current building work, regulation 38 and Part B of Schedule 1 are currently complied with in relation to those parts of the building which are to be occupied before completion of the work;

(e)a statement given by each principal contractor (or sole contractor) for the work and each principal designer (or sole or lead designer) for the work, signed by the person to which the declaration relates, which includes—

(i)the name, address, telephone number and (if available) email address of that person;

(ii)the dates of their appointment, and

(iii)confirmation—

(aa)in the case of a principal contractor (or sole contractor), that they fulfilled their duties as a principal contractor under Part 2A (dutyholders and competence) of these Regulations;

(bb)in the case of a principal designer (or sole or lead designer), that they fulfilled their duties as a principal designer under Part 2A (dutyholders and competence) of these Regulations.]

(6) A person who fails to comply with paragraphs (1) [F144or (2)] shall comply within a reasonable time with any notice given by the [F145relevant authority] requiring that person to cut into, lay open or pull down so much of the work as prevents them from ascertaining whether these Regulations have been complied with.

(7) If the [F146relevant authority] have given notice specifying the manner in which any work contravenes the requirements in these Regulations, a person who has carried out any further work to secure compliance with these Regulations shall within a reasonable time after the completion of such further work give notice to the [F146relevant authority] of its completion.

(8) Paragraphs (1) to (4) apply only to a person who is required by regulation 12 to give a building notice or [F147an application for building control approval with full plans].

(9) Paragraph (1) does not apply where regulation 12(8) applies.

Extent Information

E6This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F129Reg. 16(2)-(3B) substituted for reg. 16(2)(3) (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 9(a), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

F140Words in reg. 16(5) added (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 9(b), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

F144Words in reg. 16(6) substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 9(c), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

Marginal Citations

M14 S.I 2005/1541.

Notice of commencement and completion of certain stages of workW

16.—(1) Subject to paragraphs (8) and (9), a person who proposes to carry out building work shall not commence that work unless—

(a)that person has given the local authority notice of intention to commence work; and

(b)at least two days have elapsed since the end of the day on which the notice was given.

[F497(2) Subject to paragraph (8), a person carrying out building work shall not—

(a)cover up any excavation for a foundation, any foundation, any damp-proof course or any concrete or other material laid over a site; or

(b)cover up in any way any drain or sewer to which these Regulations apply, unless that person has given the local authority notice of intention to commence that work, and at least one day has elapsed since the end of the day on which the notice was given.

(3) Subject to paragraph (8), a person who has laid, haunched or covered any drain or sewer in respect of which Part H of Schedule 1 (drainage and waste disposal) imposes a requirement shall give notice to that effect to the local authority not more than five days after the completion of the work.]

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) Subject to paragraph (8), a person carrying out building work shall, not more than five days after that work has been completed, give the local authority notice to that effect.

(5) Where a building is being erected [F498to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of the work ], and that building (or any part of it) is to be occupied before completion, the person carrying out that work shall give the local authority at least five days notice before the building or any part of it is occupied.

(6) A person who fails to comply with paragraphs (1) [F499to (3)] shall comply within a reasonable time with any notice given by the local authority requiring that person to cut into, lay open or pull down so much of the work as prevents them from ascertaining whether these Regulations have been complied with.

(7) If the local authority have given notice specifying the manner in which any work contravenes the requirements in these Regulations, a person who has carried out any further work to secure compliance with these Regulations shall within a reasonable time after the completion of such further work give notice to the local authority of its completion.

(8) Paragraphs (1) to (4) apply only to a person who is required by regulation 12 to give a building notice or deposit full plans.

(9) Paragraph (1) does not apply where regulation 12(8) applies.

Extent Information

E33This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F497Reg. 16(2)(3) substituted (W. in relation to excepted energy buildings to match the form in which those sub-provisions apply in relation to W. otherwise) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 5(4)(a) (with reg. 29)

F498Words in reg. 16(5) added (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 9(b), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

F499Words in reg. 16(6) substituted (W. in relation to excepted energy buildings to match the form in which the text applies in relation to W. otherwise) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 5(4)(c) (with reg. 29)

Completion certificatesE

17.—F148[F149(1) A [F150relevant authority] shall within the specified period give a completion certificate in all cases (including a case where a certificate has already been given under regulation 17A) where they are satisfied, after taking all reasonable steps, that, following completion of building work carried out on [F151a building, the relevant provisions have been complied with in relation to the building].

[F152(2) The specified period referred to in paragraph (1) is eight weeks starting from the date that notice is received by the relevant authority in accordance with regulation 16(4).]

(2A) The relevant provisions referred to in paragraph (1) are any applicable requirements of the following provisions—

(a)regulation 25A (high-efficiency alternative systems for new buildings);

(b)regulation 26 (target CO² emission rates for new buildings);

[F153(c)regulation 26A (target fabric energy efficiency requirements for new dwellings);]

[F154(cc)regulation 26C (target primary energy rates for new buildings);]

(d)regulation 36 (water efficiency of new dwellings);

(e)regulation 38 (fire safety information); F155F156...

(f)Schedule 1] F157[F158,

(g)regulation 7A (energy performance certificates on construction) of the Energy Performance of Buildings (England and Wales) Regulations 2012.]

(4) A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with.

F159[F160(5) The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (4).]

[F161(6) Where the relevant authority is the regulator, it must send a copy of each certificate it gives under this regulation in relation to a building to the local authority for the area in which the building is situated.]

Extent Information

E7This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F148Reg. 17(1)-(2A) substituted for reg. 17(1)-(3) (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 8(a) (with reg. 1(2)(3))

F149Reg. 17(1)-(2A) substituted for reg. 17(1)-(3) (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 10(a), Sch. 1 (with regs. 1(3), 45-47)

F153Reg. 17(2A)(c) substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(5)(a) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F155Word in reg. 17(2A)(e) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(5)(b) (with reg. 1(3))

F157Reg. 17(2A)(g) added (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(5)(c) (with reg. 1(3))

F158Reg. 17(2A)(g) and comma substituted for full stop (W. for remaining purposes) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(5)(c) (with reg. 1(3))

F159Reg. 17(5) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 8(b) (with reg. 1(2)(3))

F160Reg. 17(5) inserted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 10(b), Sch. 1 (with regs. 1(3), 45-47)

Completion certificatesW

17.—[F500(1) A local authority shall within the specified period give a completion certificate in all cases (including a case where a certificate has already been given under regulation 17A) where they are satisfied, after taking all reasonable steps, that, following completion of building work carried out on it, a building complies with the relevant provisions.

(2) The specified period referred to in paragraph (1) is eight weeks starting from the date on which the person carrying out the building work notifies the local authority that the work has been completed.

(2A) The relevant provisions referred to in paragraph (1) are any applicable requirements of the following provisions—

(a)regulation 25A (high-efficiency alternative systems for new buildings);

(b)regulation 26 (target CO² emission rates for new buildings);

[F501(c)regulation 26A (primary energy ... rates for new buildings),

(ca)regulation 26B (fabric performance values for new dwellings),]

[F502(cb)regulation 26C (target primary energy rates for new buildings),]

(d)regulation 36 (water efficiency of new dwellings);

(e)regulation 38 (fire safety information); ...

(f)Schedule 1] [F503,

(g)regulation 7A (energy performance certificates on construction) of the Energy Performance of Buildings (England and Wales) Regulations 2012.]

(4) A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with.

[F504(5) The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (4).]

Extent Information

E34This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F500Reg. 17(1)-(2A) substituted for reg. 17(1)-(3) (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 10(a), Sch. 1 (with regs. 1(3), 45-47)

F501Reg. 17(2A)(c)(ca) substituted for reg. 17(2A)(c) (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(5)(a) (with reg. 1(3))

F503Reg. 17(2A)(g) and comma substituted for full stop (W. for remaining purposes) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(5)(c) (with reg. 1(3))

F504Reg. 17(5) inserted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 10(b), Sch. 1 (with regs. 1(3), 45-47)

[F162Certificate for building occupied before work is completedE

17A.—(1) A [F163relevant authority] shall within the specified period give a completion certificate in respect of part or all of a building where building work is being carried out and where all of the following circumstances apply—

(a)part or all of the building is to be occupied before the work is completed;

(b)the building is subject to the Regulatory Reform (Fire Safety) Order 2005; and

(c)the authority is satisfied, after taking all reasonable steps, that, regardless of completion of the current building work, [F164regulation 38 and Part B of Schedule 1 are currently complied with in relation to those parts of the building which are to be occupied before completion of the work].

(2) The specified period referred to in paragraph (1) is four weeks starting from the date that notice is received by the [F165relevant authority] in accordance with regulation 16(5).

(3) A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with, and the certificate shall contain this wording.

(4) The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (3).

[F166(5) Where the relevant authority is the regulator, it must send a copy of each certificate it gives under this regulation in relation to a building to the local authority for the area in which the building is situated.]]

Extent Information

E8This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F162Reg. 17A inserted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 11, Sch. 1 (with regs. 1(3), 45-47)

Reg. 17A inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 9 (with reg. 1(2)(3))

[F505Certificate for building occupied before work is completedW

17A.—(1) A local authority shall within the specified period give a completion certificate in respect of part or all of a building where building work is being carried out and where all of the following circumstances apply—

(a)part or all of the building is to be occupied before the work is completed;

(b)the building is subject to the Regulatory Reform (Fire Safety) Order 2005; and

(c)the authority is satisfied, after taking all reasonable steps, that, regardless of completion of the current building work, those parts of the building which are to be occupied before completion of the work currently comply with regulation 38 and Part B of Schedule 1.

(2) The specified period referred to in paragraph (1) is four weeks starting from the date that notice is received by the local authority in accordance with regulation 16(5).

(3) A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with, and the certificate shall contain this wording.

(4) The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (3).]

Extent Information

E35This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F505Reg. 17A inserted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 11, Sch. 1 (with regs. 1(3), 45-47)

Reg. 17A inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 9 (with reg. 1(2)(3))

Unauthorised building workE

18.—(1) This regulation applies where it appears to a [F167relevant authority] that unauthorised building work has been carried out on or after 11th November 1985.

(2) Where this regulation applies, the owner (in this regulation referred to as “the applicant”) may apply in writing to the [F168relevant authority] for a regularisation certificate in accordance with this regulation, and shall send with the application—

(a)a statement that the application is made in accordance with this regulation,

(b)a description of the unauthorised work,

(c)so far as is reasonably practicable, a plan of the unauthorised work, and

(d)so far as is reasonably practicable, a plan showing any additional work required to be carried out to secure that the unauthorised work complies with the requirements relating to building work in the building regulations which were applicable to that work when it was carried out (in this regulation referred to as “the relevant requirements”).

(3) Where a [F169relevant authority] receive an application in accordance with this regulation, they may require the applicant to take such reasonable steps, including laying open the unauthorised work for inspection by the authority, making tests and taking samples, as the authority think appropriate to ascertain what work, if any, is required to secure that the relevant requirements are met.

(4) When the applicant has taken any such steps required by the [F170relevant authority] as are described in paragraph (3), and having had regard to any direction given in accordance with sections 8 and 9 of, and Schedule 2 to, the Act dispensing with or relaxing a requirement in building regulations which applies to the unauthorised work, the [F170relevant authority] shall notify the applicant—

(a)of the work which in their opinion is required to comply with the relevant requirements or those requirements as dispensed with or relaxed, or

(b)that they cannot determine what work is required to comply with the relevant requirements or those requirements as dispensed with or relaxed, or

(c)that no work is required to secure compliance with the relevant requirements or those requirements as dispensed with or relaxed.

(5) Where the [F171relevant authority] have been able to satisfy themselves, after taking all reasonable steps for that purpose that—

(a)the relevant requirements have been satisfied (taking account of any work carried out and any dispensation or relaxation given in accordance with sections 8 and 9 of, and Schedule 2 to, the Act), or

(b)no work is required to secure that the unauthorised work satisfies the relevant requirements (taking account of any such dispensation or relaxation),

they may give a certificate to that effect (in this regulation referred to as “a regularisation certificate”).

(6) A regularisation certificate shall be evidence (but not conclusive evidence) that the relevant requirements specified in the certificate have been complied with.

[F172(6A) Where the relevant authority is the regulator, it must send a copy of each certificate it gives under this regulation in relation to a building to the local authority for the area in which the building is situated.]

(7) Where this regulation applies, regulations 12 and 14 shall not apply, and neither the supply of plans nor the taking of any other action in accordance with this regulation is to be treated [F173as an application for building control approval with full plans] in accordance with building regulations.

[F174(8) In this regulation “unauthorised building work”—

(a)where the relevant authority is the local authority, means building work, other than work in relation to which an initial notice, an amendment notice, a public body’s notice or a regulator’s notice has effect, which is done without—

(i)a building notice being given to the local authority;

(ii)an application for building control approval with full plans of the work being given to the local authority; or

(iii)a notice of intention to start work being given to the local authority, in accordance with regulation 16(1), where a building notice has been given or an application for building control approval with full plans of the work has been given;

(b)where the relevant authority is the regulator, means building work which is work in relation to which a regulator’s notice has effect but which is done without—

(i)a building notice being given to the regulator;

(ii)an application for building control approval with full plans of the work being given to the regulator; or

(iii)a notice of intention to start work being given to the regulator, in accordance with regulation 16(1), where a building notice has been given or an application for building control approval with full plans of the work has been given.]

Extent Information

E9This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

Modifications etc. (not altering text)

Unauthorised building workW

18.—(1) This regulation applies where it appears to a local authority that unauthorised building work has been carried out on or after 11th November 1985.

(2) Where this regulation applies, the owner (in this regulation referred to as “the applicant”) may apply in writing to the local authority for a regularisation certificate in accordance with this regulation, and shall send with the application—

(a)a statement that the application is made in accordance with this regulation,

(b)a description of the unauthorised work,

(c)so far as is reasonably practicable, a plan of the unauthorised work, and

(d)so far as is reasonably practicable, a plan showing any additional work required to be carried out to secure that the unauthorised work complies with the requirements relating to building work in the building regulations which were applicable to that work when it was carried out (in this regulation referred to as “the relevant requirements”).

(3) Where a local authority receive an application in accordance with this regulation, they may require the applicant to take such reasonable steps, including laying open the unauthorised work for inspection by the authority, making tests and taking samples, as the authority think appropriate to ascertain what work, if any, is required to secure that the relevant requirements are met.

(4) When the applicant has taken any such steps required by the local authority as are described in paragraph (3), and having had regard to any direction given in accordance with sections 8 and 9 of, and Schedule 2 to, the Act dispensing with or relaxing a requirement in building regulations which applies to the unauthorised work, the local authority shall notify the applicant—

(a)of the work which in their opinion is required to comply with the relevant requirements or those requirements as dispensed with or relaxed, or

(b)that they cannot determine what work is required to comply with the relevant requirements or those requirements as dispensed with or relaxed, or

(c)that no work is required to secure compliance with the relevant requirements or those requirements as dispensed with or relaxed.

(5) Where the local authority have been able to satisfy themselves, after taking all reasonable steps for that purpose that—

(a)the relevant requirements have been satisfied (taking account of any work carried out and any dispensation or relaxation given in accordance with sections 8 and 9 of, and Schedule 2 to, the Act), or

(b)no work is required to secure that the unauthorised work satisfies the relevant requirements (taking account of any such dispensation or relaxation),

they may give a certificate to that effect (in this regulation referred to as “a regularisation certificate”).

(6) A regularisation certificate shall be evidence (but not conclusive evidence) that the relevant requirements specified in the certificate have been complied with.

(7) Where this regulation applies, regulations 12 and 14 shall not apply, and neither the supply of plans nor the taking of any other action in accordance with this regulation is to be treated for the purposes of section 16 of the Act as the deposit of plans in accordance with building regulations.

(8) In this regulation, “unauthorised building work” means building work other than work in relation to which an initial notice, an amendment notice or a public body's notice has effect, which is done without—

(a)a building notice being given to the local authority;

(b)full plans of the work being deposited with the local authority; or

(c)a notice of commencement of work being given, in accordance with regulation 16(1), where a building notice has been given or full plans have been deposited.

Extent Information

E36This version of this provision applies to Wales only; a separate version has been created for England only

[F175Appeal against refusal to grant certain certificatesE+W

18A.—(1) A person (“the appellant”) who has—

(a)notified a local authority under regulation 16(4) and the authority has refused to give a certificate under regulation 17 (completion certificates);

(b)notified a local authority under regulation 16(5) and the authority has refused to give a certificate under regulation 17A (certificate for building occupied before work is completed); or

(c)applied to a local authority under regulation 18(2) (unauthorised building work) for a certificate and the authority has refused to give the certificate,

may appeal to the regulator against the decision of the local authority to refuse to provide the certificate provided the appeal is made within 21 relevant days beginning with the day after the day on which the local authority notifies the appellant of the refusal.

(2) The regulator may allow an appeal under paragraph (1) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable; or

(d)that the decision was made without following the procedures set out in the Act or regulations made under that Act.

(3) If the regulator allows an appeal it may quash or vary the decision.

(4) An appellant aggrieved with the decision of the regulator on an appeal under this regulation may appeal that decision to the First-tier Tribunal within 21 relevant days beginning with the day after the day on which the regulator notifies the appellant of its decision.

(5) The First-tier Tribunal may allow an appeal referred to in paragraph (4) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable; or

(d)that the decision was made without following the procedures set out in the Act or regulations made under that Act.

(6) If the First-tier Tribunal allows an appeal it may quash or vary the decision.

Textual Amendments

Appeal in relation to sections 20(5) or 39 of the ActE+W

18B.—(1) An appeal to the regulator under section 20(5) of the Act must be made within 21 relevant days beginning with the day after the day on which the local authority notifies the person of its decision.

(2) Where a person who is aggrieved with the decision of the regulator given on an appeal under section 20(5) or 39 of the Act wishes to appeal that decision by virtue of section 43A(3) of the Act they may appeal to the First-tier Tribunal provided the appeal is made within 21 relevant days beginning with the day after the day on which the regulator notifies them of its decision.

(3) The First-tier Tribunal may allow an appeal referred to in paragraph (2) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable; or

(d)that the decision was made without following the procedures set out in the Act or regulations made under that Act.

(4) If the First-tier Tribunal allows an appeal it may quash or vary the decision.

Textual Amendments

Appeal to the First-tier Tribunal in relation to certain decisionsE+W

18C.—(1) Where, in relation to work which is not higher-risk building work, a person (“the appellant”) has—

(a)notified the regulator under regulation 16(4) and the regulator has refused to give a certificate under regulation 17 (completion certificates);

(b)notified the regulator under regulation 16(5) and the regulator has refused to give a certificate under regulation 17A (certificate for building occupied before work is completed); or

(c)applied to the regulator under regulation 18(2) (unauthorised building work) for a certificate and the regulator has refused to give the certificate,

they may appeal to the First-tier Tribunal against the decision of the regulator provided the appeal is made within 21 relevant days beginning with the day after the day on which the regulator notifies the appellant of the refusal.

(2) An appeal to the First-tier Tribunal under section 19(4), 20(5), 21(4), 22(4) or 39 of the Act must be made within 21 relevant days beginning with the day after the day on which the building control authority notifies the person of its decision.

(3) The First-tier Tribunal may allow an appeal referred to in paragraph (1) or (2) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable; or

(d)that the decision was made without following the procedures set out in the Act or regulations made under that Act.

(4) If the First-tier Tribunal allows an appeal referred to in paragraph (1) or (2) it may quash or vary the decision.

Textual Amendments

Application to the First-tier Tribunal in relation to certain decisionsE+W

18D.—(1) At least five days before making an application to the First-tier Tribunal under section 21(3) or (6), 24(2), 25(2) or (5), 33(6) or 36(3) of the Act the person proposing to make an application (“the applicant”) must notify the building control authority of their intention to make the application.

(2) An application to the First-tier Tribunal under section 21(3) or (6), 24(2), 25(2) or (5), 33(6) or 36(3) of the Act must be made within 21 relevant days beginning with the day after the day on which the applicant notifies the building control authority under paragraph (1).

(3) If the First-tier Tribunal allows an appeal it may quash or vary the decision.

Textual Amendments

Appeals under section 101A of the ActE+W

18E.—(1) A person aggrieved with the refusal of a local authority to consider an application for building control approval, an initial notice or an amendment notice on the grounds that all or part of the work to which the application or notice relates is higher-risk building work may appeal to the Secretary of State provided the appeal is made within 28 relevant days beginning with the day after the day on which the local authority refuses to consider the application.

(2) An appeal to the Secretary of State under section 101A of the Act must be made in writing, signed by the person who made the original application or one of the persons who gave the original initial notice or amendment notice (in this regulation “the appellant”) and must include the following information—

(a)the name, address, telephone number and (if available) email address of the appellant;

(b)a statement explaining why the appellant considers the work proposed in the original application or notice does not include higher-risk building work;

(c)where the appellant is [F176a registered building control approver], a statement confirming the client agrees to the appeal being made.

(3) In addition to the information provided for in paragraph (2) the appeal must be accompanied by—

(a)a copy of the original application or notice given to the local authority (including all documentation that accompanied the application or notice);

(b)all the information provided to the local authority in relation to the application or notice;

(c)all the correspondence with the local authority in relation to that application or notice;

(d)a copy of the notice sent to the regulator under paragraph (4).

(4) At least two working days before submitting an appeal under section 101A(2) of the Act the appellant must give notice to the regulator of their intention to do so.

(5) Where the appellant submits an appeal under section 101A of the Act through electronic facilities provided by the Secretary of State for that purpose, they are taken to have consented to the use of electronic communications for all purposes relating to the appeal that are capable of being carried out electronically.

(6) The deemed consent in paragraph (5) may be revoked by the appellant giving the Secretary of State two weeks’ notice in writing specifying that the notice is given under this regulation.

(7) An appeal under section 101A of the Act is to be determined by consideration of written representations.

(8) The Secretary of State must give the local authority which refused to consider the original application or notice the opportunity to make written representations in relation to the appeal.

(9) The Secretary of State may give any other person an opportunity to make written representations in relation to the appeal.

(10) The Secretary of State may, by notice in writing, require the local authority in question to provide specified information, or provide copies of specified documents, by the date specified in the notice (that date must be no fewer than 7 days after the date the notice is given).

(11) Before determining the appeal the Secretary of State may—

(a)hold any meeting with the appellant, the local authority or any other person,

(b)undertake any site visit,

as the Secretary of State considers appropriate.

(12) The Secretary of State must determine the appeal within 8 weeks of the date on which the appeal is received and the decision in relation to the appeal must be given in writing to the appellant.

(13) For the purposes of section 101A(6) of the Act, an appeal to the High Court under section 101A(6) of the Act may be made within 28 relevant days beginning with the day after the day on which the Secretary of State gives the decision to the appellant under paragraph (12).

(14) The Secretary of State may appoint a person to determine the appeal instead of the Secretary of State.

(15) At any time before a person appointed under this regulation has determined the appeal the Secretary of State may—

(a)revoke that person’s appointment;

(b)appoint another person to determine the appeal instead.

(16) A person appointed under paragraph (14) has the same powers and duties in relation to determination of an appeal under section 101A of the Act as the Secretary of State and, in particular, where the appeal is determined by a person appointed under this regulation their decision is to be treated as the decision of the Secretary of State.]

Textual Amendments

PART 4E+WSupervision of Building Work Otherwise than by Local Authorities

Supervision of building work otherwise than by local authoritiesE+W

19.—(1) Regulations 12 (giving of a building notice or deposit of plans), 16 (notice of commencement and completion of certain stages of work), 17 (completion certificates), F177[F17817A (Certificate for building occupied before work is completed)] 20 (provisions applicable to self-certification schemes), 27 (CO2 emission rate calculations), [F17927A (fabric energy efficiency rate calculations), 27C (target primary energy rate calculations for new buildings),] F180F181... 37 (wholesome water consumption calculation), 41 (sound insulation testing), 42 (mechanical ventilation air flow rate testing), 43 (pressure testing), 44 (commissioning) [F182, 45 (testing of building work) and 46 (sampling of material)] shall not apply in respect of any work specified in an initial notice, an amendment notice or a public body's notice, which is in force.

[F183(2) Regulations 45 and 46 shall not apply in respect of any work in relation to which a final certificate or a public body's final certificate has been accepted by the local authority.]

Textual Amendments

F177Words in reg. 19(1) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 10 (with reg. 1(2)(3))

F178Words in reg. 19(1) inserted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 12, Sch. 1 (with regs. 1(3), 45-47)

F180Words in reg. 19(1) omitted (W. for remaining purposes) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(6) (with reg. 1(3))

F181Words in reg. 19(1) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(6) (with reg. 1(3))

[F184Regulator’s notices: description of work and connectionE+W

19A.  For the purposes of section 91ZB(1) of the Act, a regulator’s notice may be given in relation to any building work (which is not higher-risk building work) where—

(a)the client for the building work is proposing to undertake higher-risk building work on the same site;

(b)the regulator’s notice includes all the building work to be carried out on the site which is not higher-risk building work; and

(c)the client has appointed the same principal contractor for the building work and the higher-risk building work.

Textual Amendments

Regulator’s notices: content of noticesE+W

19B.  A regulator’s notice must be in writing and must include—

(a)the name, address, telephone number and (if available) email address of the client for the project to which the notice relates;

(b)a statement that the notice is a regulator’s notice under section 91ZB of the Act;

(c)the location of the proposed building work to which the regulator’s notice is to apply;

(d)a description of the proposed building work to which the regulator’s notice is to apply, including a statement explaining how that work is connected to higher-risk work and the location on the site of that higher-risk building work;

(e)a statement giving the date it is proposed the building work will start and how long it is proposed to take to complete;

(f)a plan to a scale of not less than 1:1250 showing—

(i)the size and position of the building, or the building as extended, and its relationship to adjoining boundaries;

(ii)the boundaries of the curtilage of the building, or the building as extended, and the size, position and use of every other building or proposed building within that curtilage;

(iii)the width and position of any street on or within the boundaries of the curtilage of the building or the building as extended;

(g)a declaration, signed by the client and signed by an employee of the regulator who is authorised to do so, confirming—

(i)the client and the regulator consent to the giving of the notice;

(ii)the proposed building work to which the notice relates includes no higher-risk building work;

(iii)the proposed building work falls within the requirements of regulation 19A (regulator’s notices: description of work and connection);

(iv)they understand the proposed building work is to be subject to the procedural requirements of these Regulations.

Textual Amendments

Regulator’s notices: grounds for rejectionE+W

19C.—(1) The following grounds are prescribed for the purposes of section 91ZC(2) of the Act—

(a)the conditions in regulation 19A (regulator’s notices: description of work and connection) are not satisfied in relation to the work specified in the notice;

(b)the work specified in the notice is not within the area of the local authority;

(c)that an application for building control approval, an initial notice or a public body’s notice has been given in relation to the work (or any part of it);

(d)the notice does not comply with the requirements of regulation 19B (regulator’s notices: content of notices).

(2) For the purposes of section 91ZC(3) of the Act a notice of rejection must be given within five days of the day on which the regulator’s notice is given.

Textual Amendments

Regulator’s notices: appealsE+W

19D.—(1) An appeal to the First-tier Tribunal under section 91ZC(4) of the Act must be made within 21 relevant days beginning with the day after the day on which the local authority notifies the person under section 91ZC(3) of the Act.

(2) The First-tier Tribunal may allow an appeal under section 91ZC(4) of the Act only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable; or

(d)that the decision was made without following the procedures set out in the Act or regulations made under that Act.

(3) If the First-tier Tribunal allows an appeal it may quash or vary the decision.

(4) The power of the First-tier Tribunal to award costs does not apply in relation to an appeal under this regulation.

Textual Amendments

Regulator’s notices: directionE+W

19E.—(1) In relation to work which is the subject of a regulator’s notice, the regulator may make a direction as to the way in which any of the following documents are given (which may include specifying cases where they must be given electronically via a website address provided for that purpose by the regulator)—

(a)a building notice under regulation 13 (particulars and plans where a building notice is given);

(b)an application under regulation 14 (applications for building control approval with full plans);

(c)any notice under regulation 16 (notices in relation to building work);

(d)an application under regulation 18 (unauthorised building work);

(e)any documents that are required to accompany any notice or application referred to in sub-paragraph (a) to (d);

(f)a notice under regulation 25A(2), 27(2) or (3), 27A(2) or (3), 27C(2) or (3), 37(1), 38(2B) or (2G), 41(4), 42(2), 43(2), 44(3) and 44ZA(2);

(g)a copy of results under regulation 41(2).

(2) A direction must specify the date on which it comes into effect, which must not be earlier than seven days after it is published.

(3) Where the regulator has made and published a direction in accordance with this regulation, an application (or any document that accompanied the application) of the type mentioned in the direction must, from the date specified in the direction, be given in accordance with the direction.

(4) The regulator may, by a further direction, amend or revoke a direction made under this regulation.

Textual Amendments

Regulator’s notices: local land chargesE+W

19F.  The functions of local authorities under the Local Land Charges Act 1975, as they relate to building work for which the regulator is the building control authority by reason of a regulator’s notice under section 91ZB of the Building Act 1984, are prescribed for the purposes of paragraph (b) of the definition of “relevant function” in paragraph 2(5) of Schedule 3 to the Building Safety Act 2022.]

Textual Amendments

PART 5E+W [F185Self-certification schemes [F186and third party certification schemes]]

Textual Amendments

F185Pt. 5 heading substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 2(4) (with reg. 1(3))

F186Words in Pt. 5 heading omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 6(1) (with reg. 29)

Provisions applicable to self-certification schemesE+W

20.—(1) This regulation applies to the extent that the building work consists only of work of a type described in column 1 of the Table in Schedule 3 and the work is carried out by a person who is described in the corresponding entry in column 2 of that Table in respect of that type of work.

[F187(1A) Where this regulation applies and the building work in question relates to a higher-risk building, the client must make the person carrying out the work aware that the building is a higher-risk building.]

(2) Where this regulation applies, the [F188local authority] [F188building control authority] are authorised to accept, as evidence that the requirements of regulations 4 and 7 have been satisfied, a certificate to that effect by the person carrying out the work.

(3) Where this regulation applies, the person carrying out the work shall, not more than 30 days after the completion of the work—

(a)give to the occupier a copy of the certificate referred to in paragraph (2); and

(b)give to the [F189local authority] [F189building control authority]—

(i)notice to that effect, or

(ii)the certificate referred to in paragraph (2).

F190[F191(3A) A [F192local authority] [F192building control authority] shall store in a retrievable form copies of the notices and certificates given to it in accordance with paragraph (3)(b).

(3B) If the whole or part of the work was paid for using a green deal plan, the person carrying out the work must include—

(a)in the certificate referred to in paragraph (2); and

(b)in the notice given to the [F193local authority] [F193building control authority] referred to in paragraph (3)(b)(i),

a statement to that effect.

F194[F195(3C) Such a statement that relates to a part of the work must specify which part was paid for using the green deal plan.]

(3D) In this regulation, “green deal plan” has the meaning given in section 1 of the Energy Act 2011.] M15

(4) Paragraph (3) of this regulation does not apply where a person carries out any building work described in Schedule 4.

F196[F197(5) A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with F198[F199, and the certificate shall contain this wording].

(6) The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (5).]

[F200(6A) Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice or certificate it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.]

Textual Amendments

F190Reg. 20(3A)-(3D) inserted (W. for remaining purposes) (19.4.2013 for specified purposes, 1.10.2013 in so far as not already in force) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 11(a) (with reg. 1(2)(3))

F191Reg. 20(3A)-(3D) inserted (E., but only in relation to excepted energy buildings in W.) (28.1.2013 for specified purposes, 1.10.2013 in so far as not already in force) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 13(a), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

F195Reg. 20(3C) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by virtue of The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 2(5)(a) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F196Reg. 20(5)(6) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 11(b) (with reg. 1(2)(3))

F197Reg. 20(5)(6) inserted (E., but only in relation to excepted energy buildings in W.) (28.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 13(b), Sch. 1 (with regs. 1(3), 45-47)

F198Words “, and the certificate shall contain this wording” in reg. 20(5) inserted (W. in relation to excepted energy buildings) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 6(2)(b) (with reg. 29)

F199Words in reg. 20(5) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by virtue of The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 2(5)(b) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Modifications etc. (not altering text)

C7Reg. 20 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1) (as amended (W. in relation to excepted energy buildings) (8.6.2018) by S.I. 2018/558, regs. 1(2), 21 (with reg. 29))

Marginal Citations

F201[F202Provisions applicable to third party certification schemesE+W

20A.—(1) This regulation applies to the extent that the building work consists only of work of a type described in column 1 of the Table in Schedule 3A and the work is inspected by a third party certifier described in column 2 of that Table and appointed in accordance with regulation 12(6)(c).

[F203(1A) Where this regulation applies and the building work in question relates to a higher-risk building, the client must make the person carrying out the work aware that the building is a higher-risk building.]

(2) Where this regulation applies, the [F204building control authority] are authorised to accept, as evidence that the requirements of regulations 4 and 7 have been complied with, a certificate to that effect by the third party certifier.

(3) Where this regulation applies, the person carrying out the building work must, not more than 7 days after the completion of the work, notify the third party certifier that the work has been completed.

(4) Where the third party certifier, having taken all reasonable steps to ascertain that it is the case, is satisfied within the limits of professional skill and care that the requirements of regulation 4 and 7 have been complied with, the third party certifier must, not more than 30 days after receiving notification of completion of the work under paragraph (3)—

(a)give the occupier a copy of the certificate referred to in paragraph (2); and

(b)give to the [F205building control authority]—

(i)notice to that effect, or

(ii)the certificate referred to in paragraph (2).

(5) If the third party certifier is unable to certify that the requirements of regulations 4 and 7 have been complied with and therefore cannot provide the certificate referred to in paragraph (2), the third party certifier must notify the [F206building control authority] to that effect.

(6) A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with.

(7) The certificate shall include a statement describing its evidentiary effect, in terms substantially the same as paragraph (6).

[F207(7A) Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice or certificate it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.]]

Textual Amendments

F202Reg. 20A inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 2(6) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Modifications etc. (not altering text)

C9Reg. 20A applied (with modifications) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), reg. 20(1) (as amended: (6.4.2014) by S.I. 2014/579, regs. 1(4), 3(3)(b) (with reg. 1(3); and (8.6.2013) by S.I. 2018/558, regs. 1(2), 21(b)(i) (with reg. 29))

PART 6E+WEnergy Efficiency Requirements

Application of energy efficiency requirementsE+W

21.—(1) The energy efficiency requirements apply to—

(a)the erection of any building of a kind falling within this paragraph;

(b)the extension of any such building, other than an extension to which paragraph (4) applies; and

(c)the carrying out of any work to or in connection with any such building or extension.

(2) A building falls within paragraph (1) if it—

(a)is a roofed construction having walls;

(b)uses energy to condition the indoor climate; and

(c)does not fall within one or more of the categories listed in paragraph (3).

(3) The categories referred to in paragraph (2)(c) are—

(a)buildings which are—

(i)listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 M16;

(ii)in a conservation area designated in accordance with section 69 of that Act; or

(iii)included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979 M17,

where compliance with the energy efficiency requirements would unacceptably alter their character or appearance;

(b)buildings which are used primarily or solely as places of worship;

(c)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;

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

(4) This paragraph applies to any extension of a building falling within class 7 in Schedule 2 except a conservatory or porch—

(a)where any wall, door or window separating the conservatory or porch from that building has been removed and not replaced with a wall, door or window; F208F209...

(b)into which the building's heating system has been extended F210[F211to heat the conservatory or porch; or

(c)in which a fixed heating appliance has been provided to heat the conservatory or porch.]

(5) In this regulation, the following terms have the same meaning as in F212[F213European Parliament and Council Directive 2010/31/EU of 19 May 2010 on the energy performance of buildings (recast)] —

(i)“industrial sites”;

(ii)“low energy demand”;

(iii)“non-residential agricultural buildings”;

(iv)“places of worship”;

(v)“stand-alone”;

(vi)“total useful floor area”;

(vii)“workshops”.

Textual Amendments

F209Word in reg. 21(4)(a) omitted (W. but not in relation to excepted energy buildings) (31.7.2014) by virtue of The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 4(a) (with reg. 1(2))

F211Reg. 21(4)(c) and words inserted (W. but not in relation to excepted energy buildings) (31.7.2014) by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 4(b) (with regs. 1(2), 10)

F212Words in reg. 21(5) substituted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 12 (with reg. 1(2)(3))

F213Words in reg. 21(5) substituted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 14, Sch. 1 (with reg. 1(3)(4), 45-47)

Marginal Citations

M171979 c.46; section 1 was amended by Schedule 4 to the National Heritage Act 1983 (c.47).

Requirements relating to a change to energy statusE+W

22.  Where there is a change to a building's energy status, such work, if any, shall be carried out as is necessary to ensure that the building complies with the applicable requirements of Part L of Schedule 1.

F214[F215Requirements for the renovation or replacement of thermal elementsE+W

23.—(1) Where the renovation of an individual thermal element—

(a)constitutes a major renovation; or

(b)amounts to the renovation of more than 50% of the element’s surface area;

the renovation must be carried out so as to ensure that the whole of the element complies with paragraph L1(a)(i) of Schedule 1, in so far as that is technically, functionally and economically feasible.

(2) Where the whole or any part of an individual thermal element is proposed to be replaced and the replacement—

(a)constitutes a major renovation; or

(b)(in the case of part replacement) amounts to the replacement of more than 50% of the thermal element’s surface area;

the whole of the thermal element must be replaced so as to ensure that it complies with paragraph L1(a)(i) of Schedule 1, in so far as that is technically, functionally and economically feasible.]

Textual Amendments

F214Reg. 23 substituted (W. for remaining purposes) (19.4.2013 for specified purposes, 9.7.2013 in so far as not already in force) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 13 (with regs. 1(2)(3), 35, 36)

F215Reg. 23 substituted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013 for specified purposes, 9.7.2013 in so far as not already in force) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 15, Sch. 1 (with reg. 1(3)(4), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

Methodology of calculation and expression of energy performanceE+W

24.—(1) The Secretary of State shall approve—

(a)a methodology of calculation of the energy performance of buildings, including methods for calculating asset ratings and operational ratings of buildings; and

(b)ways in which the energy performance of buildings, as calculated in accordance with the methodology, shall be expressed.

(2) In this regulation—

“asset rating” means F216[F217an energy performance indicator determined from] the amount of energy estimated to meet the different needs associated with a standardised use of the building; and

F218[F219“operational rating” means an energy performance indicator determined from the amount of energy consumed during the occupation of a building over a period of time and the energy demand associated with a typical use of the building over that period.]

Textual Amendments

F217Words in reg. 24(2) substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(7)(a) (with reg. 1(3))

F219Words in reg. 24(2) substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(7)(b) (with reg. 1(3))

Minimum energy performance requirements for new buildingsE

[F22025.  Minimum energy performance requirements shall be approved by the Secretary of State, [F221calculated and expressed] in accordance with the methodology approved pursuant to regulation 24, for—

(a)new buildings (which shall include new dwellings), in the form of target CO2 emission rates; F222...

(b)new dwellings, in the form of target fabric energy efficiency rates] [F223; and

(c)new buildings in the form of target primary energy rates].

Extent Information

E10This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F220Reg. 25 substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) (No.2) Regulations 2013 (S.I. 2013/1959), regs. 1(5), 4 (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F221Words in reg. 25 inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(8) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Minimum energy performance requirements for new buildingsW

[F50625.  The Welsh Ministers shall approve minimum energy performance requirements for new buildings, in the form of target CO² emission rates, which shall be calculated and expressed in accordance with the methodology approved pursuant to regulation 24.]

Extent Information

E37This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F506Reg. 25 substituted (with corresponding changes to match the amendments previously made by S.I. 2012/3119, reg. 16, Sch. 1 and S.I. 2013/747, regs. 1(4), 14 but with a reference to "The Welsh Ministers" rather than to "The Secretary of State") (W. for remaining purposes) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 7(2) (with reg. 29)

F224[F225Consideration of high-efficiency alternative systems for new buildingsE

25A.—(1) Before construction of a new building starts, the person who is to carry out the work must analyse and take into account the technical, environmental and economic feasibility of using high-efficiency alternative systems (such as the following systems) in the construction, if available—

(a)decentralised energy supply systems based on energy from renewable sources;

(b)cogeneration;

(c)district or block heating or cooling, particularly where it is based entirely or partially on energy from renewable sources; and

(d)heat pumps.

[F226(2) The person carrying out the work must—

(a)where the new building is a higher-risk building, ensure the application for building control approval in relation to the work is accompanied by a notice which states that the analysis referred to in paragraph (1) has been undertaken, is documented, and the documentation is available to the regulator for verification purposes;

(b)in any other case, not later than the beginning of the day before the day on which the work starts, give the building control authority a notice which states that the analysis referred to in paragraph (1) has been undertaken, is documented, and the documentation is available to the authority for verification purposes; and

(c)ensure that a copy of the analysis is available for inspection at all reasonable times on request by an officer of the building control authority.]

(3) An authorised officer of the [F227building control authority] may require production of the documentation in order to verify that this regulation has been complied with.

[F228(3A) Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.]

(4) The analysis referred to in paragraph (1)—

(a)may be carried out for individual buildings or for groups of similar buildings or for common typologies of buildings in the same area; and

(b)in so far as it relates to collective heating and cooling systems, may be carried out for all buildings connected to the system in the same area.

(5) In this regulation—

(a)“cogeneration” means simultaneous generation in one process of thermal energy and one or both of the following—

(i)electrical energy;

(ii)mechanical energy;

(b)“district or block heating or cooling” means the distribution of thermal energy in the form of steam, hot water or chilled liquids, from a central source of production through a network of multiple buildings or sites, for the use of space or process heating or cooling;

(c)“energy from renewable sources” means energy from renewable non-fossil sources, namely wind, solar, aerothermal, geothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases; and

(d)“heat pump” means a machine, a device or installation that transfers heat from natural surroundings such as air, water or ground to buildings or industrial applications by reversing the natural flow of heat such that it flows from a lower to a higher temperature. (For reversible heat pumps, it may also move heat from the building to the natural surroundings.)]

Extent Information

E11This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F224Regs. 25A, 25B inserted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013 for specified purposes, 9.7.2013 for specified purposes, 1.1.2019 for specified purposes, 31.12.2020 in so far as not already in force) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 17, Sch. 1 (with regs. 1(3)(4), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

F225Regs. 25A, 25B inserted (W. for remaining purposes) (19.4.2013 for specified purposes, 9.7.2013 for specified purposes, 1.1.2019 for specified purposes, 31.12.2020 in so far as not already in force) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 15 (with regs. 1(2)(3), 35, 36)

Modifications etc. (not altering text)

[F507Consideration of high-efficiency alternative systems for new buildingsW

25A.—(1) Before construction of a new building starts, the person who is to carry out the work must analyse and take into account the technical, environmental and economic feasibility of using high-efficiency alternative systems (such as the following systems) in the construction, if available—

(a)decentralised energy supply systems based on energy from renewable sources;

(b)cogeneration;

(c)district or block heating or cooling, particularly where it is based entirely or partially on energy from renewable sources; and

(d)heat pumps.

(2) The person carrying out the work must—

(a)not later than the beginning of the day before the day on which the work starts, give the local authority a notice which states that the analysis referred to in paragraph (1)—

(i)has been undertaken;

(ii)is documented; and

(iii)the documentation is available to the authority for verification purposes; and

(b)ensure that a copy of the analysis is available for inspection at all reasonable times upon request by an officer of the local authority.

(3) An authorised officer of the local authority may require production of the documentation in order to verify that this regulation has been complied with.

(4) The analysis referred to in paragraph (1)—

(a)may be carried out for individual buildings or for groups of similar buildings or for common typologies of buildings in the same area; and

(b)in so far as it relates to collective heating and cooling systems, may be carried out for all buildings connected to the system in the same area.

(5) In this regulation—

(a)“cogeneration” means simultaneous generation in one process of thermal energy and one or both of the following—

(i)electrical energy;

(ii)mechanical energy;

(b)“district or block heating or cooling” means the distribution of thermal energy in the form of steam, hot water or chilled liquids, from a central source of production through a network of multiple buildings or sites, for the use of space or process heating or cooling;

(c)“energy from renewable sources” means energy from renewable non-fossil sources, namely wind, solar, aerothermal, geothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases; and

(d)“heat pump” means a machine, a device or installation that transfers heat from natural surroundings such as air, water or ground to buildings or industrial applications by reversing the natural flow of heat such that it flows from a lower to a higher temperature. (For reversible heat pumps, it may also move heat from the building to the natural surroundings.)]

Extent Information

E38This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F507Regs. 25A, 25B inserted (W. for remaining purposes) (19.4.2013 for specified purposes, 9.7.2013 for specified purposes, 1.1.2019 for specified purposes, 31.12.2020 in so far as not already in force) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 15 (with regs. 1(2)(3), 35, 36)

F224[F225Nearly zero-energy requirements for new buildingsE+W

F22425B.  Where a building is erected, it must be a nearly zero-energy building.]

Textual Amendments

F224Regs. 25A, 25B inserted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013 for specified purposes, 9.7.2013 for specified purposes, 1.1.2019 for specified purposes, 31.12.2020 in so far as not already in force) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 17, Sch. 1 (with regs. 1(3)(4), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

F225Regs. 25A, 25B inserted (W. for remaining purposes) (19.4.2013 for specified purposes, 9.7.2013 for specified purposes, 1.1.2019 for specified purposes, 31.12.2020 in so far as not already in force) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 15 (with regs. 1(2)(3), 35, 36)

F229[F230New buildings: minimum energy performance requirementsE+W

25C.  Minimum energy performance requirements F229[F231must] be approved by the Welsh Ministers, F229[F232calculated and expressed] in accordance with the methodology approved pursuant to regulation 24, for—

(a)new buildings F233..., in the form of target primary energy F234... rates; and

(b)[F235when a dwelling is erected], in the form of target fabric performance values.]

Textual Amendments

F229Reg. 25C inserted (with corresponding changes to match the amendments previously made by S.I. 2014/110, reg. 5 and S.I. 2016/611, reg. 2(9)) (with reg. 1(3))(W. for remaining purposes) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 7(3) (with reg. 29)

F230Reg. 25C inserted (W. but not in relation to excepted energy buildings) (31.7.2014) by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 5 (with reg. 1(2))

F231Word in reg. 25C substituted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(9)(a) (with reg. 1(3))

F232Words in reg. 25C inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(9)(b) (with reg. 1(3))

[F236Energy efficiency ratingE+W

25D.  Energy efficiency ratings must be approved by the Welsh Ministers, applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24 for new buildings.]

Textual Amendments

CO2 emission rates for new buildingsE+W

26.  Where a building is erected, it shall not exceed the target CO2 emission rate for the building that has been approved pursuant to regulation 25 F237[F238, applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24].

Textual Amendments

F238Words in reg. 26 inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(9) (with reg. 1(3))

[F239Fabric energy efficiency rates]E

[F24026A.  Where a dwelling is erected, it shall not exceed the target fabric energy efficiency rate for the dwelling [F241that has been approved pursuant to regulation 25, applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24].]

Extent Information

E12This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F239Reg. 26A heading inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(10)(a) (with reg. 1(3))

F240Reg. 26A inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) (No.2) Regulations 2013 (S.I. 2013/1959), regs. 1(5), 5 (with regs. 1(3), 9)

F241Words in reg. 26A substituted (E., but only in relation to excepted energy buildings in W.) ((6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(10)(b) (with reg. 1(3))

[F508Primary energy F509... rates for new buildings W

26A.  Where a building F510... is erected, it must not exceed the target primary energy F511... rate for the building which has been approved pursuant to regulation 25C(a), applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24.]

Extent Information

E39This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F508Reg. 26A (as previously amended by S.I. 2014/110, regs. 1(3), 6 and S.I. 2016/611, regs. 1(4), 2(11)) substituted (W. for remaining purposes) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 7(4) (with reg. 29)

F509Word in reg. 26A heading omitted (W.) (23.11.2022) by virtue of The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 8(a) (with reg. 21)

F242[F243Fabric performance values for new dwellingsE+W

26B.  Where a dwelling is erected, it must not exceed the target fabric performance values for the dwelling which have been approved pursuant to regulation 25C(b) F242[F244, applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24].]

Textual Amendments

F242Reg. 26B inserted (with corresponding changes to match the amendments previously made by S.I. 2014/110, reg. 6 and S.I. 2016/611, reg. 2(12)) (W. for remaining purposes) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 7(5) (with reg. 29)

F243Regs. 26A, 26B inserted (W. but not in relation to excepted energy buildings) (31.7.2014) by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 6 (with regs. 1(2), 10)

F244Words in reg. 26B inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(12) (with reg. 1(3))

[F245Target primary energy rates for new buildingsE

26C.  Where a building is erected it must not exceed the target primary energy rate for the building which has been approved pursuant to regulation 25(c), applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24.]

Extent Information

E13This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

[F512Minimum energy efficiency ratingW

26C.  Where a dwelling is erected, it must equal or exceed the energy efficiency rating for the dwelling which has been approved pursuant to regulation 25D applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24 for new buildings.]

Extent Information

E40This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

CO2 emission rate calculationsE

27.—(1) This regulation applies where a building is erected and regulation 26 applies.

[F246(2) The person carrying out the work must—

(a)where the new building is a higher-risk building, ensure the application for building control approval in relation to the work is accompanied by a notice which specifies—

(i)the target CO2 emission rate for the building, calculated and expressed in accordance with the methodology approved pursuant to regulation 24,

(ii)the CO2 emission rate for the building as designed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24, and

(iii)a list of specifications to which the building is to be constructed;

(b)in any other case, not later than the day before the work starts, give the building control authority a notice which specifies the matters set out in paragraphs (i) to (iii) of sub-paragraph (a).

(3) The person carrying out the work must—

(a)where the new building is a higher-risk building, ensure the application for a completion certificate in relation to the work is accompanied by—

(i)a notice which specifies—

(aa)the target CO2 emission rate for the building, calculated and expressed in accordance with the methodology approved pursuant to regulation 24,

(bb)the CO2 emission rate for the building as constructed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24, and

(cc)whether the building has been constructed in accordance with the list of specifications referred to in paragraph (2), and, if not, a list of any changes to those specifications; or

(ii)a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraphs (aa) to (cc) of paragraph (i);

(b)in any other case, not later than five days after the work has been completed, give the building control authority a notice which specifies the matters mentioned in sub-paragraphs (aa) to (cc) of sub-paragraph (a)(i) or a certificate of the sort mentioned in sub-paragraph (a)(ii).]

(4) A [F247building control authority] are authorised to accept, as evidence that the requirements of regulation 26 have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce F248[F249energy performance certificates] for that category of building.

[F250(4A) Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice or certificate it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.]

(5) In this regulation, “specifications” means specifications used for the calculation of the CO2 emission rate.

Extent Information

E14This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F249Words in reg. 27(4) substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(11)(e) (with reg. 1(3))

Modifications etc. (not altering text)

C12Reg. 27 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1) (as amended (8.6.2018) by S.I. 2018/558, regs. 1(2), 21 (with reg. 29))

CO2 emission rate calculationsW

27.—(1) This regulation applies where a building is erected and regulation 26 applies.

(2) Not later than the day before the work starts, the person carrying out the work shall give the local authority a notice which specifies—

(a)the target CO2 emission rate for the building [F513, calculated and expressed in accordance with the methodology approved pursuant to regulation 24],

(b)the ... CO2 emission rate for the building as designed [F514, calculated and expressed in accordance with the methodology approved pursuant to regulation 24], and

(c)a list of specifications to which the building is to be constructed.

(3) Not later than five days after the work has been completed, the person carrying out the work shall give the local authority—

(a)a notice which specifies—

(i)the target CO2 emission rate for the building [F515, calculated and expressed in accordance with the methodology approved pursuant to regulation 24],

(ii)the ... CO2 emission rate for the building as constructed [F516, calculated and expressed in accordance with the methodology approved pursuant to regulation 24], and

(iii)whether the building has been constructed in accordance with the list of specifications referred to in paragraph (2)(c), and if not a list of any changes to those specifications; or

(b)a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraph (a).

(4) A local authority are authorised to accept, as evidence that the requirements of regulation 26 have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce [F517energy performance certificates] for that category of building.

(5) In this regulation, “specifications” means specifications used for the calculation of the CO2 emission rate.

Extent Information

E41This version of this provision applies Wales to only; a separate version has been created for England only

Textual Amendments

F513Words in reg. 27(2)(a) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(11)(a) (with reg. 1(3))

F514Words in reg. 27(2)(b) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(11)(b) (with reg. 1(3))

F515Words in reg. 27(3)(a)(i) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(11)(c) (with reg. 1(3))

F516Words in reg. 27(3)(a)(ii) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(11)(d) (with reg. 1(3))

F517Words in reg. 27(4) substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(11)(e) (with reg. 1(3))

[F251Fabric energy efficiency rate calculationsE

27A.—(1) This regulation applies where a dwelling is erected and regulation 26A applies.

[F252(2) The person carrying out the work must—

(a)where the dwelling is within a higher-risk building, ensure the application for building control approval in relation to the work is accompanied by a notice which specifies—

(i)the target fabric energy efficiency rate for the dwelling, calculated and expressed in accordance with the methodology approved pursuant to regulation 24,

(ii)the fabric energy efficiency rate for the dwelling as designed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24, and

(iii)a list of specifications to which the dwelling is to be constructed;

(b)in any other case, not later than the day before the work starts, give the building control authority a notice which specifies the matters set out in paragraphs (i) to (iii) of sub-paragraph (a).

(3) The person carrying out the work must—

(a)where the dwelling is within a higher-risk building, ensure the application for a completion certificate in relation to the work is accompanied by—

(i)a notice which specifies—

(aa)the target fabric energy efficiency rate for the dwelling, calculated and expressed in accordance with the methodology approved pursuant to regulation 24,

(bb)the fabric energy efficiency rate for the dwelling as constructed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24, and

(cc)whether the dwelling has been constructed in accordance with the list of specifications referred to in paragraph (2), and, if not, a list of any changes to those specifications; or

(ii)a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraphs (aa) to (cc) of paragraph (i);

(b)in any other case, not later than five days after the work has been completed, give the building control authority a notice which specifies the matters mentioned in sub-paragraphs (aa) to (cc) of sub-paragraph (a)(i) or a certificate of the sort mentioned in sub-paragraph (a)(ii).]

(4) A [F253building control authority] is authorised to accept, as evidence that the requirements of regulation 26A have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce [F254energy performance certificates] for that category of building.

[F255(4A) Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice or certificate it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.]

(5) In this Regulation, “specifications” means specifications used for the calculation of the fabric energy efficiency rate.]

Extent Information

E15This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F251Reg. 27A inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) (No.2) Regulations 2013 (S.I. 2013/1959), regs. 1(5), 6 (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F254Words in reg. 27A(4) substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(12)(e) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Modifications etc. (not altering text)

[F257Primary energy ... rate calculationsW

27A.—(1) This regulation applies where a building F518... is erected and regulation 26A applies.

(2) Not later than the day before the work starts, the person carrying out the work must give the local authority a notice which specifies—

(a)the target primary energy F519... rate for the building [F520, calculated and expressed in accordance with the methodology approved pursuant to regulation 24];

(b)the F521... primary energy F522... rate for the building as designed [F523, calculated and expressed in accordance with the methodology approved pursuant to regulation 24]; and

(c)a list of specifications to which the building is to be constructed.

(3) Not later than five days after the work has been completed, the person carrying out the work must give the local authority—

(a)a notice which specifies—

(i)the target primary energy F524... rate for the building [F525, calculated and expressed in accordance with the methodology approved pursuant to regulation 24];

(ii)the F526... primary energy F527... rate for the building as constructed [F528, calculated and expressed in accordance with the methodology approved pursuant to regulation 24]; and

(iii)whether the building has been constructed in accordance with the list of specifications referred to in paragraph 2(c), and if not a list of any changes to those specifications; or

(b)a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraph (a).

(4) A local authority is authorised to accept, as evidence that the requirements of regulation 26A have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce [F529energy performance certificates] for that category of building.

(5) In this regulation, “specifications” means specifications used for the calculation of the primary energy F530... rate.]

Extent Information

E42This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F257Regs. 27A, 27B inserted (W. but not in relation to excepted energy buildings) (31.7.2014) by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 7 (with reg. 1(2))

F520Words in reg. 27A(2)(a) inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(14)(a) (with reg. 1(3))

F521Word in reg. 27A(2)(b) omitted (W. but not in relation to excepted energy buildings) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(14)(b) (with reg. 1(3))

F523Words in reg. 27A(2)(b) inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(14)(b) (with reg. 1(3))

F525Words in reg. 27A(3)(a)(i) inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(14)(c) (with reg. 1(3))

F526Word in reg. 27A(3)(a)(ii) omitted (W. but not in relation to excepted energy buildings) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(14)(d) (with reg. 1(3))

F528Words in reg. 27A(3)(a)(ii) inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(14)(d) (with reg. 1(3))

F529Words in reg. 27A(4) substituted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(14)(e) (with reg. 1(3))

F256[F257Fabric performance values calculationsE+W

27B.—(1) This regulation applies where a dwelling is erected and regulation 26B applies.

(2) Not later than the day before the work starts, the person carrying out the work must give the local authority a notice which specifies—

(a)the target fabric performance values for the dwelling F256[F258, calculated and expressed in accordance with the methodology approved pursuant to regulation 24];

(b)the F256F259... fabric performance values for the dwelling as designed F256[F260, calculated and expressed in accordance with the methodology approved pursuant to regulation 24]; and

(c)a list of specifications to which the dwelling is to be constructed.

(3) Not later than five days after the work has been completed, the person carrying out the work must give the local authority—

(a)a notice which specifies—

(i)the target fabric performance values for the dwelling F256[F261, calculated and expressed in accordance with the methodology approved pursuant to regulation 24];

(ii)the F256F262... fabric performance values for the dwelling as constructed F256[F263, calculated and expressed in accordance with the methodology approved pursuant to regulation 24]; and

(iii)whether the dwelling has been constructed in accordance with the list of specifications referred to in paragraph 2(c), and if not a list of any changes to those specifications; or

(b)a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraph (a).

(4) A local authority is authorised to accept, as evidence that the requirements of regulation 26B have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce F256[F264energy performance certificates] for that category of building.

(5) In this regulation, “specifications” means specifications used for the calculation of the fabric performance values.]

Textual Amendments

F257Regs. 27A, 27B inserted (W. but not in relation to excepted energy buildings) (31.7.2014) by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 7 (with reg. 1(2))

F258Words in reg. 27B(2)(a) inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(15)(a) (with reg. 1(3))

F259Word in reg. 27B(2)(b) omitted (W. but not in relation to excepted energy buildings) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(15)(b) (with reg. 1(3))

F260Words in reg. 27B(2)(b) inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(15)(b) (with reg. 1(3))

F261Words in reg. 27B(3)(a)(i) inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(15)(c) (with reg. 1(3))

F262Word in reg. 27B(3)(a)(ii) omitted (W. but not in relation to excepted energy buildings) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(15)(d) (with reg. 1(3))

F263Words in reg. 27B(3)(a)(ii) inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(15)(d) (with reg. 1(3))

F264Words in reg. 27B(4) substituted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(15)(e) (with reg. 1(3))

Modifications etc. (not altering text)

C15Reg. 27B(3) applied (with modifications) (31.7.2014) by S.I. 2010/2215, reg. 20(2B) (as inserted by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 13(c) (with reg. 1(2)))

C16Reg. 27B(3) applied (with modifications) (8.6.2018) by S.I. 2010/2215, reg. 20(2B) (as inserted by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 21(b)(iv) (with reg. 29))

[F265Target primary energy rate calculations for new buildings E

27C.—(1) This regulation applies where a building is erected.

[F266(2) The person carrying out the work must—

(a)where the new building is a higher-risk building, ensure the application for building control approval in relation to the work is accompanied by a notice which specifies—

(i)the target primary energy rate for the building, calculated and expressed in accordance with the methodology approved pursuant to regulation 24,

(ii)the calculated target primary energy rate for the building as designed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24, and

(iii)a list of specifications to which the building is to be constructed;

(b)in any other case, not later than the day before the work starts, give the building control authority a notice which specifies the matters set out in paragraphs (i) to (iii) of sub-paragraph (a).

(3) The person carrying out the work must—

(a)where the new building is a higher-risk building, ensure the application for a completion certificate in relation to the work is accompanied by—

(i)a notice which specifies—

(aa)the target primary energy rate for the building, calculated and expressed in accordance with the methodology approved pursuant to regulation 24,

(bb)the calculated target primary energy rate for the building as constructed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24, and

(cc)whether the building has been constructed in accordance with the list of specifications referred to in paragraph (2), and, if not, a list of any changes to those specifications; or

(ii)a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraphs (aa) to (cc) of paragraph (i);

(b)in any other case, not later than five days after the work has been completed, give the building control authority a notice which specifies the matters mentioned in sub-paragraphs (aa) to (cc) of sub-paragraph (a)(i) or a certificate of the sort mentioned in sub-paragraph (a)(ii).]

(4) A [F267building control authority] is authorised to accept, as evidence that the requirements of regulation 26C have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce energy performance certificates for that category of building.

[F268(4A) Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice or certificate it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.]

(5) In this regulation, “specifications” means specifications used for the calculation of the target primary energy rate.]

Extent Information

E16This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

Modifications etc. (not altering text)

[F531Energy efficiency rating calculationsW

27C.—(1) This regulation applies where a dwelling is erected and regulation 26C applies.

(2) Not later than the day before the work starts, the person carrying out the work must give the local authority a notice which specifies—

(a)the energy efficiency rating for the dwelling as designed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24, and

(b)a list of specifications to which the dwelling is to be constructed.

(3) Not later than five days after the work has been completed, the person carrying out the work must give the local authority—

(a)a notice which specifies—

(i)the target energy efficiency rating for the building, calculated and expressed in accordance with the methodology approved pursuant to regulation 24,

(ii)the energy efficiency rating of the building as constructed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24, and

(iii)whether the building has been constructed in accordance with the list of specifications referred to in paragraph (2)(b), and if not, a list of any changes to those specifications, or

(b)a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraph (a).

(4) A local authority is authorised to accept as evidence that the requirements of regulation 26C have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce energy performance certificates for that category of building.]

Extent Information

E43This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

Consequential improvements to energy performanceE

28.—(1) Paragraph (2) applies to an existing building with a total useful floor area over 1,000m2 where the proposed building work consists of or includes—

(a)an extension;

(b)the initial provision of any fixed building services; or

(c)an increase to the installed capacity of any fixed building services.

(2) Subject to paragraph (3), where this paragraph applies, such work, if any, shall be carried out as is necessary to ensure that the building complies with the requirements of Part L of Schedule 1.

(3) Nothing in paragraph (2) requires work to be carried out if it is not technically, functionally and economically feasible.

Extent Information

E17This version of this provision applies to England only; a separate version has been created for Wales only

Consequential improvements to energy performanceW

F532[F53328.—(1) Paragraph (3) applies to an existing building with a total useful floor area over 1000m2 where the proposed building work consists of or includes—

(a)the initial provision of any fixed building services; or

(b)an increase to the installed capacity of any fixed building services.

(2) Paragraph (3) applies to an existing building where the proposed building work consists of or includes—

(a)an extension; or

(b)the extension of the building’s heating system or the provision of a fixed heating appliance, to heat a previously unheated space.

(3) Subject to paragraph (4), where this paragraph applies, such work, if any, shall be carried out as is necessary to ensure that the building complies with the requirements of Part L of Schedule 1.

(4) Nothing in paragraph (3) requires work to be carried out if it is not technically, functionally and economically feasible.]

Extent Information

E44This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F533Reg. 28 substituted (W. but not in relation to excepted energy buildings) (31.7.2014) by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 8 (with regs. 1(2), 10)

Energy performance certificatesE+W

F269F27029.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F269Reg. 29 omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(13) (with reg. 1(3))

Recommendation reportsE+W

F271F27229A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F271Regs. 29A-33 omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(14) (with reg. 1(3))

Energy assessorsE+W

F271F27230.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F271Regs. 29A-33 omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(14) (with reg. 1(3))

Related party disclosuresE+W

F271F27231.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F271Regs. 29A-33 omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(14) (with reg. 1(3))

Duty of careE+W

F271F27232.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F271Regs. 29A-33 omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(14) (with reg. 1(3))

Right to copy documentsE+W

F271F27233.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F271Regs. 29A-33 omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(14) (with reg. 1(3))

[F273Application of building regulations to educational buildings, buildings of statutory undertakers and Crown BuildingsE+W

34.—(1) Regulations [F27411(3),] 21, 23(1)(a), F275[F27625] [F27525(a)], 25A, 25B, 26 F277F278... and 35(1) apply (in so far as applicable by virtue of regulation 21) to—

(a)educational buildings and buildings of statutory undertakers (notwithstanding section 4(1) of the Act);

(b)Crown buildings; and

(c)building work carried out or proposed to be carried out by Crown authorities.

(2) In this regulation “educational buildings and buildings of statutory undertakers” means buildings which fall within paragraphs (a), (b) or (c) of section 4(1) of the Act.]

Textual Amendments

F274Word in reg. 34(1) inserted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (3.6.2013) by The Building (Amendment) Regulations 2013 (S.I. 2013/1105), regs. 1(2), 3(3) (with reg. 1(3)(4))

F275Word "25(a)" in reg. 34 substituted for “25” (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) (No.2) Regulations 2013 (S.I. 2013/1959), regs. 1(5), 7 (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F276Word “25” in reg. 34 substituted for "25(a)" (W. in relation to excepted energy buildings) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 7(9) (with reg. 29)

F277Words in reg. 34(1) omitted (W. for remaining purposes) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(18) (with reg. 1(3))

F278Words in reg. 34(1) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(15) (with reg. 1(3))

Interpretation of Part 6E+W

35.—(1) In this Part—

“building” means the building as a whole or parts of it that have been designed or altered to be used separately;

F279[F280“building envelope” in relation to a building means the walls, floor, roof, windows, doors, roof windows and roof-lights;

“Crown authority” means the Crown Estate Commissioners, a Minister of the Crown, a government department, any other person or body whose functions are performed on behalf of the Crown (not being a person whose functions are performed on behalf of Her Majesty in her private capacity), or a person acting in right of the Duchy of Lancaster or the Duchy of Cornwall;

“Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a Government Department, or held in trust for Her Majesty for the purposes of a government department;

“Crown building” means a building in which there is a Crown interest or a Duchy interest;

“Duchy interest” means an interest belonging to her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall;]

“energy assessor” means an individual who is a member of an accreditation scheme approved by the Secretary of State in accordance with F281[F282regulation 22 (accreditation schemes) of the Energy Performance of Buildings (England and Wales) Regulations 2012]; F283F284...

F285[F286“energy performance certificate” means a certificate which complies with the requirements of regulation 9 (energy performance certificates) or 9A (energy performance certificates in respect of excluded buildings) of the Energy Performance of Buildings (England and Wales) Regulations 2012;”;

“energy performance of a building” means the calculated or measured amount of energy needed to meet the energy demand associated with a typical use of the building, which includes, inter alia, energy used for heating, cooling, ventilation, hot water and lighting;]

F287[F288“fabric energy efficiency” means the space heating and cooling requirements per square metre of floor area of a new dwelling;]

F289[F290“major renovation” means the renovation of a building where more than 25% of the surface area of the building envelope undergoes renovation; F291...

“nearly zero-energy building” means a building that has a very high energy performance, as determined in accordance with a methodology approved under regulation 24, where the nearly zero or very low amount of energy required should be covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearby];

F287[F292“new dwelling” does not include a dwelling that is formed by a material change of use of a building].

F293F294...

F295F296(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F279Words in reg. 35(1) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 20(a) (with reg. 1(2)(3))

F280Words in reg. 35(1) inserted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 23(a), Sch. 1 (with reg. 1(3)(4), 45-47)

F282Words in reg. 35(1) substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(16)(a)(i) (with reg. 1(3))

F283Word in reg. 35(1) omitted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 23(b)(i), Sch. 1 (with reg. 1(3)(4), 45-47)

F284Word in reg. 35(1) omitted (W. for remaining purposes) (19.4.2013) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 20(b)(i) (with reg. 1(2)(3))

F286Words in reg. 35(1) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(16)(a)(ii) (with reg. 1(3))

F287Definitions of “fabric energy efficiency” and “new dwelling” in reg. 35 omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 7(10) (with reg. 29)

F288Words in reg. 35 inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) (No.2) Regulations 2013 (S.I. 2013/1959), regs. 1(5), 8 (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F289Words in reg. 35(1) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 20(b)(ii) (with reg. 1(2)(3))

F290Words in reg. 35(1) inserted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 23(b)(ii), Sch. 1 (with reg. 1(3)(4), 45-47)

F291Word in reg. 35 omitted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by virtue of The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(7)(a) (with reg. 1(3))

F292Words in reg. 35 inserted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(7)(b) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F293Words in reg. 35(1) omitted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 23(c), Sch. 1 (with reg. 1(3)(4), 45-47)

F294Words in reg. 35(1) omitted (W. for remaining purposes) (19.4.2013) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 20(b)(iii) (with reg. 1(2)(3))

F295Reg. 35(2) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(16)(b) (with reg. 1(3))

PART 7E+WWater Efficiency

Water efficiency of new dwellingsE

[F29736.—(1) The potential consumption of wholesome water by persons occupying a new dwelling must not exceed the requirement in paragraph (2).

(2) The requirement referred to in paragraph (1) is either—

(a)125 litres per person per day; or

(b)in a case to which paragraph (3) applies, the optional requirement of 110 litres per person per day,

as measured in either case in accordance with a methodology approved by the Secretary of State.

(3) This paragraph applies where the planning permission under which the building work is carried out—

(a)specifies the optional requirement in paragraph (2)(b); and

(b)makes it a condition that that requirement must be complied with.

(4) In this Part, “new dwelling” does not include a dwelling that is formed by a material change of use of a building within the meaning of regulation 5(g).]

Extent Information

E18This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F297Reg. 36 substituted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(8) (with regs. 1(3), 4) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Water efficiency of new dwellingsW

[F53436.—(1) This regulation applies where a dwelling is—

(a)erected; or

(b)formed by a material change of use of a building within the meaning of regulation 5(a) or (b).

(2) The potential consumption of wholesome water by persons occupying a dwelling to which this regulation applies must not exceed the requirement in paragraph (3).

(3) The requirement referred to in paragraph (2) is—

(a)where a dwelling is erected, 110 litres per person per day; or

(b)where a dwelling is formed by a material change of use of a building within the meaning of regulation 5(a) or (b), 125 litres per person per day,

as measured in either case in accordance with a methodology approved by the Welsh Ministers.]

Extent Information

E45This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

Wholesome water consumption calculationE

[F29837.—(1) Where regulation 36 applies, the person carrying out the work must give the [F299building control authority] a notice which specifies—

(a)which of the requirements in regulation 36(2)(a) or (b) applies to the dwelling; and

(b)the potential consumption of wholesome water per person per day in relation to the completed dwelling.]

[F300(2) The person carrying out the work must—

(a)where the dwelling is within a higher-risk building, ensure the notice accompanies the application for a completion certificate in relation to the work;

(b)in any other case, give the notice to the building control authority not later than five days after the work has been completed.

(3) Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.]

Extent Information

E19This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F298Reg. 37(1) substituted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(9) (with regs. 1(3), 4) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Modifications etc. (not altering text)

C19Reg. 37 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1) (as amended (8.6.2018) by S.I. 2018/558, regs. 1(2), 21 (with reg. 29))

Wholesome water consumption calculationW

[F53537.—(1) Where regulation 36 applies, the person carrying out the work must give the local authority a notice which specifies the potential consumption of wholesome water per person per day in relation to the completed dwelling.]

(2) The notice shall be given to the local authority not later than five days after the work has been completed.

Extent Information

E46This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F301[F302PART 7AE+WAutomatic fire suppression systems

Textual Amendments

F301Pt. 7A inserted (with minor changes to the text of reg. 37A(1)(a) and matching text for substituted reg. 37A(1)(b)(i)) (W. for remaining purposes) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 9 (with reg. 29)

F302Pt. 7A inserted (W., but not in relation to excepted energy buildings) (30.4.2014 for specified purposes, 1.1.2016 in so far as not already in force) by The Building Regulations &c. (Amendment No. 3) and Domestic Fire Safety (Wales) Regulations 2013 (S.I. 2013/2730), regs. 1(2), 4(2) (with regs. 1(3), 6)

Provision of automatic fire suppression systemsE+W

37A.—(1) This regulation applies where building work consists of the erection or material change of use of a building in relation to—

(a)care homes [F303, which] [F304means places at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, [F305is] provided wholly or mainly to persons aged 18 or over];

(b)rooms for residential purposes other than rooms in—

F301[F306(i)a hostel providing temporary accommodation to those who are ordinarily resident elsewhere;]

(ii)an hotel;

(iii)a prison or young offender institution; and

(iv)a hospital;

(c)dwelling-houses and flats,

subject to paragraphs (4) and (5).

(2) For the purposes of this regulation a material change of use comprises or includes a change of use within regulation 5 (a), (b), (c), (d), (g), (h) or (i).

(3) A building to which this regulation applies must be provided with an automatic fire suppression system which is installed and operates in accordance with the requirements set in regulation 37B.

(4) This regulation does not apply to buildings which are—

(a)listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990;

(b)in a conservation area designated in accordance with section 69 of that Act; or

(c)included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979,

where installation of a fire suppression system would unacceptably alter their character or appearance.

(5) This regulation does not apply to temporary buildings with a planned time of use of two years or less.

Textual Amendments

F306Reg. 37A(1)(b)(i) substituted (W., but not in relation to excepted energy buildings) (1.4.2018) by The Building (Amendment) (Wales) Regulations 2017 (S.I. 2017/1274), regs. 1(2)(c), 2(2) (with regs. 1(3), 3)

Requirements of automatic fire suppression systemsE+W

37B.  For the purposes of regulation 37A(3), the requirements of an automatic fire suppression system are the requirements set out in any document approved and issued under section 6 of the Building Act 1984 for the purpose of providing practical guidance as to the requirements of regulation 37A.]

PART 8E+WInformation to be Provided by the Person Carrying Out Work

Fire safety informationE

38.—(1) This regulation applies where building work—

(a)consists of or includes the erection or extension of a relevant building; or

(b)is carried out in connection with a relevant change of use of a building,

and Part B of Schedule 1 imposes a requirement in relation to the work.

[F307(2) The person carrying out the work must give fire safety information to the responsible person no later than—

(a)where the building, proposed building or extension to which the building work relates is not occupied during the building work, the date of completion of the work or the date of occupation of the building or the extension, whichever is the earlier;

(b)in any other case, the date of completion of the work.

(2A) The responsible person must give the person carrying out the work a notice acknowledging receipt of the fire safety information and confirming the information provided is sufficient to enable them to understand, operate and maintain the building (and the fire safety systems in it) after the building work in question.

(2B) Subject to paragraph (2D), the person carrying out the work must give a notice to the relevant authority—

(a)confirming that they have given the fire safety information to the responsible person pursuant to paragraph (2), and

(b)stating that they have received the notice from the responsible person pursuant to paragraph (2A) or where they have not received the notice, stating the steps taken to obtain the notice from the responsible person and the dates they were taken.

(2C) The notification under paragraph (2B) must be given no later than—

(a)where regulation 20 (provisions applicable to self-certification schemes) applies to the work, 30 days after the date referred to in paragraph (2),

(b)in any other case, five days after the date referred to in paragraph (2).

(2D) Paragraphs (2B) and (2C) do not apply where regulation 20A (provisions applicable to third party certification schemes) applies to the work and instead paragraphs (2E) to (2G) apply.

(2E) Where this paragraph applies, the person carrying out the work must notify the third party certifier appointed under regulation 12(6)(c)—

(a)confirming that they have given the fire safety information to the responsible person pursuant to paragraph (2), and

(b)stating that they have received the notice from the responsible person pursuant to paragraph (2A) or where they have not received the notice, stating the steps taken to obtain the notice from the responsible person and the dates they were taken.

(2F) The notification under paragraph (2E) must be given no later than seven days after the date referred to in paragraph (2).

(2G) Within 30 days of receiving the notification under paragraph (2E) the third party certifier appointed under regulation 12(6)(c) must notify the relevant authority confirming receipt of the notification under paragraph (2E).]

(3) In this regulation—

(a)“fire safety information” means information relating to the design and construction of the building or extension, and the services, fittings and equipment provided in or in connection with the building or extension which will assist the responsible person to operate and maintain the building or extension with reasonable safety;

(b)a “relevant building” is a building to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of building work;

(c)a “relevant change of use” is a material change of use where, after the change of use takes place, the Regulatory Reform (Fire Safety) Order 2005 will apply, or continue to apply, to the building; and

(d)“responsible person” has the meaning given by article 3 of the Regulatory Reform (Fire Safety) Order 2005.

Extent Information

E20This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

Modifications etc. (not altering text)

C21Reg. 38 applied (E.) (1.10.2023) by S.I. 2010/2215, Sch. 4 para. 4A (as inserted by The Building (Approved Inspectors etc. and Review of Decisions) (England) Regulations 2023 (S.I. 2023/906), regs. 1(2), 13(3) (with regs. 20, 23-25))

C22Reg. 38 applied (with modifications) (E.) (1.10.2023) by S.I. 2010/2215, reg. 20(1)(4A) (as amended by The Building (Approved Inspectors etc. and Review of Decisions) (England) Regulations 2023 (S.I. 2023/906), regs. 1(2), 13(1)(a)-(c) (with regs. 20, 23-25))

Fire safety informationW

38.—(1) This regulation applies where building work—

(a)consists of or includes the erection or extension of a relevant building; or

(b)is carried out in connection with a relevant change of use of a building,

and Part B of Schedule 1 imposes a requirement in relation to the work.

(2) The person carrying out the work shall give fire safety information to the responsible person not later than the date of completion of the work, or the date of occupation of the building or extension, whichever is the earlier.

(3) In this regulation—

(a)“fire safety information” means information relating to the design and construction of the building or extension, and the services, fittings and equipment provided in or in connection with the building or extension which will assist the responsible person to operate and maintain the building or extension with reasonable safety;

(b)a “relevant building” is a building to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of building work;

(c)a “relevant change of use” is a material change of use where, after the change of use takes place, the Regulatory Reform (Fire Safety) Order 2005 will apply, or continue to apply, to the building; and

(d)“responsible person” has the meaning given by article 3 of the Regulatory Reform (Fire Safety) Order 2005.

Extent Information

E47This version of this provision applies to Wales only; a separate version has been created for England only

Information about ventilationE+W

39.—(1) This regulation applies where paragraph F1(1) of Schedule 1 imposes a requirement in relation to building work.

(2) The person carrying out the work shall not later than five days after the work has been completed give sufficient information to the owner about the building's ventilation system and its maintenance requirements so that the ventilation system can be operated in such a manner as to provide adequate means of ventilation.

Information about use of fuel and powerE+W

40.—(1) This regulation applies where paragraph L1 of Schedule 1 imposes a requirement in relation to building work.

(2) The person carrying out the work shall not later than five days after the work has been completed provide to the owner sufficient information about the building, the fixed building services and their maintenance requirements so that the building can be operated in such a manner as to use no more fuel and power than is reasonable in the circumstances.

[F308Information about systems for on-site generation of electricityE+W

40A.—(1) This regulation applies to building work in respect of a building in relation to which paragraph L2 of Schedule 1 applies.

(2) The person carrying out the work must, not later than five days after the work has been completed, provide to the owner sufficient information about the system for on-site electricity generation in respect of its operation and maintenance requirements so that the system may be operated and maintained in such a manner as to produce the maximum electricity that is reasonable in the circumstances and delivers this electricity to the optimal place for use.

Textual Amendments

F308Regs. 40A, 40B inserted (E.) (15.6.2022) by The Building Regulations etc. (Amendment) (England) Regulations 2021 (S.I. 2021/1391), regs. 1(1), 8 (with regs. 1(2), 17) (as amended (5.6.2023) by S.I. 2023/520, regs. 1(2), 3)

Regs. 40A, 40B inserted (W.) (with a difference in the wording of reg. 40B(1)) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 12 (with reg. 21)

Information about overheatingE+W

40B.—(1) This regulation applies to building work in respect of a building where Part O of Schedule 1 applies [F308where Part O of Schedule 1 imposes a requirement in relation to building work.]

(2) The person carrying out the work must, not later than five days after the work has been completed, give sufficient information to the owner about the provision made in accordance with Part O so that the systems in place further to Part O can be operated in such a manner as to protect against overheating.]

Textual Amendments

F308Regs. 40A, 40B inserted (E.) (15.6.2022) by The Building Regulations etc. (Amendment) (England) Regulations 2021 (S.I. 2021/1391), regs. 1(1), 8 (with regs. 1(2), 17) (as amended (5.6.2023) by S.I. 2023/520, regs. 1(2), 3)

Regs. 40A, 40B inserted (W.) (with a difference in the wording of reg. 40B(1)) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 12 (with reg. 21)

PART 9E+WTesting and Commissioning

Sound insulation testingE

41.—(1) Subject to paragraph (4) below, this regulation applies to—

(a)building work in relation to which paragraph E1 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)(f) or 6(2)(b).

(2) Where this regulation applies, the person carrying out the work shall, for the purpose of ensuring compliance with paragraph E1 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 [F309building control 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

[F310(b)given—

(i)in the case where the building work is higher-risk building work, to the regulator with the application for a completion certificate in relation to the work;

(ii)in any other case, to the building control authority not later than the date on which the notice required by regulation 16(4) is given.]

[F311(3A) Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of [F312the results of the testing] it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.]

(4) [F313Where building work consists of the erection of a dwelling-house or a building containing flats, this regulation does not apply to any part of the building in relation to which the person carrying out the building work notifies the building control authority—

(i)in the case of building work which is higher-risk building work, not later than the date on which the application for building control approval for the work is submitted,

(ii)in any other case, not later than the date on which notice of intention to start work is given under regulation 16(1),

that, for the purposes of achieving compliance of the work with paragraph E1 of Schedule 1, the person is using one or more design details approved by Robust Details Limited, provided that—]

(a)the notification specifies—

(i)the part or parts of the building in respect of which the person is using the design detail;

(ii)the design detail concerned; and

(iii)the unique number issued by Robust Details Limited in respect of the specified use of that design detail; and

(b)the building work carried out in respect of the part or parts of the building identified in the notification is in accordance with the design detail specified in the notification.

Extent Information

E21This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

Modifications etc. (not altering text)

C25Reg. 41 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1) (as amended (8.6.2018) by S.I. 2018/558, regs. 1(2), 21 (with reg. 29))

Sound insulation testingW

41.—(1) Subject to paragraph (4) below, this regulation applies to—

(a)building work in relation to which paragraph E1 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)(f) or 6(2)(b).

(2) Where this regulation applies, the person carrying out the work shall, for the purpose of ensuring compliance with paragraph E1 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 16(4) is given.

(4) Where building work consists of the erection of a dwelling-house or a building containing flats, this regulation does not apply to any part of the building in relation to which the person carrying out the building work notifies the local authority, not later than the date on which notice of commencement of the work is given under regulation 16(1), that, for the purpose of achieving compliance of the work with paragraph E1 of Schedule 1, the person is using one or more design details approved by Robust Details Limited, provided that—

(a)the notification specifies—

(i)the part or parts of the building in respect of which the person is using the design detail;

(ii)the design detail concerned; and

(iii)the unique number issued by Robust Details Limited in respect of the specified use of that design detail; and

(b)the building work carried out in respect of the part or parts of the building identified in the notification is in accordance with the design detail specified in the notification.

Extent Information

E48This version of this provision applies to Wales only; a separate version has been created for England only

Mechanical ventilation air flow rate testingE

42.—(1) This regulation applies where paragraph F1(1) of Schedule 1 imposes a requirement in relation to the creation of a new dwelling by building work.

(2) The person carrying out the work shall, for the purpose of ensuring compliance with paragraph F1(1) of Schedule 1—

(a)ensure that testing of the mechanical ventilation air flow rate is carried out in accordance with a procedure approved by the Secretary of State; and

(b)give notice of the results of the testing to the [F314building control authority] .

(3) The notice referred to in paragraph (2)(b) shall—

(a)record the results and the data upon which they are based in a manner approved by the Secretary of State; and

(b)be given to the [F315building control authority] not later than five days after the final test is carried out.

[F316(4) Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.]

Extent Information

E22This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

Modifications etc. (not altering text)

C27Reg. 42 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1) (as amended (8.6.2018) by S.I. 2018/558, regs. 1(2), 21 (with reg. 29))

Mechanical ventilation air flow rate testingW

42.—[F536(1) This regulation applies where paragraph F1(1) of Schedule 1 imposes a requirement in relation to—

(a)the creation of a new dwelling by building work; or

(b)an existing dwelling which undergoes building work for the provision or extension of any fixed building system for mechanical ventilation.

(1A) Paragraph (1)(b) excludes building work to which Schedule 4 applies.]

(2) The person carrying out the work shall, for the purpose of ensuring compliance with paragraph F1(1) of Schedule 1—

(a)ensure that testing of the mechanical ventilation air flow rate is carried out in accordance with a procedure approved by the Secretary of State; and

(b)give notice of the results of the testing to the local authority [F537, other than when Schedules 3 or 4 apply.]

(3) The notice referred to in paragraph (2)(b) shall—

(a)record the results and the data upon which they are based in a manner approved by the Secretary of State; and

(b)be given to the local authority not later than five days after the final test is carried out.

Extent Information

E49This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

Pressure testingE+W

43.—(1) This regulation applies to the erection of a building in relation to which paragraph L1(a)(i) of Schedule 1 imposes a requirement.

(2) Where this regulation applies, the person carrying out the work shall, for the purpose of ensuring compliance with regulation 26 F317[F318and regulation 26A] and paragraph L1(a)(i) of Schedule 1—

(a)ensure that—

(i)pressure testing is carried out in such circumstances as are approved by the Secretary of State; and

(ii)the testing is carried out in accordance with a procedure approved by the Secretary of State; and

(b)subject to paragraph (5), give notice of the results of the testing to the [F319local authority] [F319building control authority].

(3) The notice referred to in paragraph (2)(b) shall—

(a)record the results and the data upon which they are based in a manner approved by the Secretary of State; and

(b)be given to the [F320local authority] [F320building control authority] not later than seven days after the final test is carried out.

(4) A [F321local authority] [F321building control authority] are authorised to accept, as evidence that the requirements of paragraph (2)(a)(ii) have been satisfied, a certificate to that effect by a person who is registered by F322F323... F324[F325Elmhurst Energy Systems Limited] F326[F327or the Air Tightness Testing and Measurement Association] in respect of pressure testing for the air tightness of buildings.

(5) Where such a certificate contains the information required by paragraph (3)(a), paragraph (2)(b) does not apply.

[F328(6) Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice or certificate it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.]

Textual Amendments

F317Words “and regulation 26A” in reg. 43(2) omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 10 (with reg. 29)

F318Words in reg. 43(2) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 2(7) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F322Words in reg. 43(4) omitted (W. for remaining purposes) (31.12.2015) by virtue of The Building (Amendment) (Wales) Regulations 2015 (S.I. 2015/1486), regs. 1(3)(b), 4(b) (with reg. 1(2))

F323Words in reg. 43(4) omitted (E., but only in relation to excepted energy buildings in W.) (31.12.2015) by virtue of The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(c), 2(10)(b) (with reg. 1(3))

F326Words in reg. 43(4) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 21 (with reg. 1(2)(3))

F327Words in reg. 43(4) inserted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 24, Sch. 1 (with regs. 1(3), 45-47)

Modifications etc. (not altering text)

C29Reg. 43 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1) (as amended (8.6.2018) by S.I. 2018/558, regs. 1(2), 21 (with reg. 29))

CommissioningE

44.—(1) This regulation applies to building work in relation to which paragraph F1(2) of Schedule 1 imposes a requirement, but does not apply to the provision or extension of any fixed system for mechanical ventilation or any associated controls where testing and adjustment is not possible.

(2) This regulation also applies to building work in relation to which paragraph L1(b) of Schedule 1 imposes a requirement, but does not apply to the provision or extension of any fixed building service where testing and adjustment is not possible or would not affect the energy efficiency of that fixed building service.

(3) Where this regulation applies the person carrying out the work shall, for the purpose of ensuring compliance with paragraph F1(2) or L1(b) of Schedule 1, give to the [F329building control authority] a notice confirming that the fixed building services have been commissioned in accordance with a procedure approved by the Secretary of State.

[F330(4) The notice must be given—

(a)in the case where the building work is higher-risk building work for which an application for a completion certificate is required, to the regulator with the application;

(b)in any other case, to the building control authority—

(i)not later than the date on which the notice required by regulation 16(4) is required to be given; or

(ii)where that regulation does not apply, not more than 30 days after completion of the work.

(5) Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.]

Extent Information

E23This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

Modifications etc. (not altering text)

C31Reg. 44 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1) (as amended (8.6.2018) by S.I. 2018/558, regs. 1(2), 21 (with reg. 29))

CommissioningW

44.—(1) This regulation applies to building work in relation to which paragraph F1(2) of Schedule 1 imposes a requirement, but does not apply to the provision or extension of any fixed system for mechanical ventilation or any associated controls where testing and adjustment is not possible.

(2) This regulation also applies to building work in relation to which paragraph L1(b) of Schedule 1 imposes a requirement, but does not apply to the provision or extension of any fixed building service where testing and adjustment is not possible or would not affect the energy efficiency of that fixed building service.

(3) Where this regulation applies the person carrying out the work shall, for the purpose of ensuring compliance with paragraph F1(2) or L1(b) of Schedule 1, give to the local authority a notice confirming that the fixed building services have been commissioned in accordance with a procedure approved by the Secretary of State.

(4) The notice shall be given to the local authority—

(a)not later than the date on which the notice required by regulation 16(4) is required to be given; or

(b)where that regulation does not apply, not more than 30 days after completion of the work.

Extent Information

E50This version of this provision applies to Wales only; a separate version has been created for England only

[F331Commissioning in respect of a system for on-site electricity generationE

44ZA.—(1) This regulation applies to building work in respect of a building in relation to which paragraph L2 of Schedule 1 imposes a requirement, but does not apply to the provision or extension of any system for on-site electricity generation where testing and adjustment is not possible.

(2) Where this regulation applies the person carrying out the work must, for the purpose of ensuring compliance with paragraph L2 of Schedule 1, give to the [F332building control authority] a notice confirming that the system for on-site electricity generation has been commissioned.

[F333(3) The notice must be given—

(a)in the case where the building work is higher-risk building work for which an application for a completion certificate is required, to the regulator with the application;

(b)in any other case, to the building control authority—

(i)not later than the date on which the notice required by regulation 16(4) is required to be given; or

(ii)where that regulation does not apply, not more than 30 days after completion of the work.

(4) Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.]]

Extent Information

E24This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

Modifications etc. (not altering text)

C34Reg. 44ZA applied (with modifications) (15.6.2022) by S.I. 2010/2215, reg. 20(1)(6A) (as inserted (E.) by The Building Regulations etc. (Amendment) (England) Regulations 2021 (S.I. 2021/1391), regs. 1(1), 16(b)(d) (with regs. 1(2), 17)) (as amended (5.6.2023) by S.I. 2023/520, regs. 1(2), 3)

[F538Commissioning in respect of a system for on-site electricity generationW

44ZA.—(1) This regulation applies to building work in respect of a building in relation to which paragraph L2 of Schedule 1 imposes a requirement, but does not apply to the provision or extension of any system for on-site electricity generation where testing and adjustment is not possible.

(2) Where this regulation applies the person carrying out the work must, for the purpose of ensuring compliance with paragraph L2 of Schedule 1, give to the local authority a notice confirming that the system for on-site electricity generation has been commissioned.

(3) The notice must be given to the local authority—

(a)not later than the date on which the notice required by regulation 16(4) is required to be given; or

(b)where that regulation does not apply, not more than 30 days after completion of the work.]

Extent Information

E51This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F334[F335PART 9AE+W[F336Physical infrastructure for high speed electronic communications networks] [F336Infrastructure for electronic communications]

Textual Amendments

F334Pt. 9A inserted (with s. 44A(1)(2) and without s. 44B(a)(iii) and word) (E., but only in relation to excepted energy buildings in W.) (9.5.2016) by The Building (Amendment) Regulations 2016 (S.I. 2016/490), regs. 1(4), 2(4) (with regs. 1(3), 3) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F335Pt. 9A inserted (W. but not in relation to excepted energy buildings) (8.4.2016) by The Building (Amendment) (Wales) Regulations 2016 (S.I. 2016/361), regs. 1(4), 2(4) (with regs. 1(3), 3)

[F337Exemptions from paragraphs RA1 and RA2 of Schedule 1E+W

44ZB.—(1) The requirements of paragraphs RA1 and RA2 of Schedule 1 (gigabit-ready physical infrastructure and connection to gigabit-capable network) do not apply to buildings—

(a)to be occupied by the Ministry of Defence or the armed forces of the Crown, or

(b)to be otherwise occupied for purposes connected to national security.

(2) The requirements of paragraph RA1 of Schedule 1 do not apply in relation to a building if all the following conditions are met—

(a)the building is situated in an area that is isolated from public electronic communications networks of any of the kinds mentioned in regulation 44ZC(2) or (3),

(b)paragraph RA2 of that Schedule does not apply because the case falls within regulation 44ZC(4), and

(c)the prospect of a connection with a network of any of the kinds mentioned in regulation 44ZC(2) or (3) is considered too remote to justify equipping the building with gigabit-ready physical infrastructure or an access point.

Textual Amendments

Cases in which paragraph RA2 of Schedule 1 modified or excludedE+W

44ZC.—(1) The requirement in paragraph RA2 of Schedule 1 has effect subject to paragraphs (2) to (4).

(2) Where a person carrying out building work of the kind described in the second column of paragraph RA1 of Schedule 1 (“the developer”)—

(a)is unable to secure the provision of a connection with a gigabit-capable public electronic communications network for a cost not exceeding the cost cap, but

(b)is able to secure the provision of a connection with a high-speed public electronic communications network for such a cost,

paragraph RA2 of Schedule 1 is to be read as requiring the provision of a connection with a high-speed public electronic communications network.

(3) Where the developer—

(a)is unable to secure the provision of a connection with a high-speed public electronic communications network for a cost not exceeding the cost cap, but

(b)is able to secure the provision of a connection with a USO-standard public electronic communications network for such a cost,

paragraph RA2 of Schedule 1 is to be read as requiring the provision of a connection with a USO-standard public electronic communications network.

(4) Where the developer is unable to secure the provision of a connection with a USO-standard public electronic communications network for a cost not exceeding the cost cap, paragraph RA2 of Schedule 1 does not apply.

(5) In paragraphs (2) to (4)—

“high-speed public electronic communications network” means a public electronic communications network that is a high-speed electronic communications network;

“USO-standard public electronic communications network” means a public electronic communications network that provides at least the minimum download speed for the time being specified by virtue of section 65(2B)(a) of the Communications Act 2003 in the universal service order (as defined by section 151(1) of that Act).

(6) The developer is to be treated as being able to secure the provision of a connection mentioned in any of paragraphs (2) to (4) for a cost not exceeding the cost cap unless—

(a)the developer has invited at least two suitable providers to make, before the end of the 30th day after the date of the invitation, an offer to provide a connection of the kind mentioned in the paragraph in question, and

(b)none of those providers has before that time offered to provide that connection free of charge or at a cost not exceeding the cost cap.

(7) The cost cap is £2,000 in respect of each dwelling.

(8) In calculating the cost to the developer of securing the provision of a connection—

(a)there is to be included value added tax;

(b)there is to be excluded—

(i)the cost to the developer of installing gigabit-ready physical infrastructure in accordance with paragraph RA1 of Schedule 1,

(ii)administrative costs of the developer, and

(iii)the cost to an end-user (as defined by section 151(1) of the Communications Act 2003) of the provision of a public electronic communications service.

(9) In paragraph (6)(a) “suitable provider” means the provider of a public electronic communications network whom the developer reasonably considers to be likely to be able to provide the connection referred to.]

Textual Amendments

Application of paragraph R1 of Schedule 1 to educational buildings, buildings of statutory undertakers and Crown buildingsE

[F33444A.—(1) The requirements of paragraph R1 (in-building physical infrastructure for high-speed electronic communications networks) of Schedule 1 apply (insofar as applicable to other buildings) also to—

(a)educational buildings and buildings of statutory undertakers (notwithstanding section 4(1) of the Act);

(b)Crown buildings; and

(c)building work carried out or proposed to be carried out by Crown authorities.

(2) In this regulation “educational buildings and buildings of statutory undertakers” means buildings that fall within paragraphs (a), (b) or (c) of section 4(1) of the Act]

Extent Information

E25This version of this provision applies to England only; a separate version has been created for Wales only

[F539Application of paragraph R1 of Schedule 1 to educational buildings, buildings of statutory undertakers and Crown buildingsW

[F54044A.  The requirements of paragraph R1 (in-building physical infrastructure for high-speed electronic communications networks) of Schedule 1 apply to—

(a)educational buildings and buildings of statutory undertakers, falling within paragraphs (a), (b) or (c) of section 4(1) of the Act (notwithstanding section 4(1) of the Act);

(b)Crown buildings; and

(c)building work carried out or proposed to be carried out by Crown authorities.]]

Extent Information

E52This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F539Pt. 9A inserted (W. but not in relation to excepted energy buildings) (8.4.2016) by The Building (Amendment) (Wales) Regulations 2016 (S.I. 2016/361), regs. 1(4), 2(4) (with regs. 1(3), 3)

Exemptions from paragraph R1 of Schedule 1E+W

44B.  The requirements of paragraph R1 (in-building physical infrastructure for high-speed electronic communications networks) of Schedule 1 do not apply to the following types of building or building work—

(a)buildings which are—

(i)listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990, F338[F334or]

(ii)in a conservation area designated in accordance with section 69 of that Act, F339[F334or

(iii)included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979,]

where compliance with paragraph R1 of Schedule 1 would unacceptably alter their character or appearance;

(b)buildings—

(i)occupied by the Ministry of Defence or the armed forces of the Crown, or

(ii)otherwise occupied for purposes connected to national security;

(c)buildings situated in isolated areas where the prospect of high-speed connection is considered too remote to justify equipping the building with high-speed ready in-building physical infrastructure or an access point;

(d)major renovation works in cases in which the cost of compliance with paragraph R1 of Schedule 1 would be disproportionate to the benefit gained.

Textual Amendments

F338Word "or" in reg. 44B(a)(i) omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 11(2)(a) (with reg. 29)

Interpretation of [F340Part 9A and of] Part R of Schedule 1E+W

44C.  In [F341this Part and in] Part R of Schedule 1—

“access point” means a physical point, located inside or outside the building, accessible to undertakings providing or authorised to provide public communications networks, where connection to the high-speed ready in-building physical infrastructure [F342, or as the case requires the gigabit-ready physical infrastructure,] is made available;

[F343“gigabit-capable electronic communications network” means an electronic communications network that is capable of delivering broadband access services at download speeds of at least 1,000 Mbps;

“gigabit-capable public electronic communications network” means a public electronic communications network that is a gigabit-capable electronic communications network;

“gigabit-ready physical infrastructure” means physical infrastructure or installations, including elements under joint ownership, intended to host wired or wireless gigabit-capable public electronic communications networks;]

“high-speed electronic communications network” means an electronic communications network which is capable of delivering broadband access services at speeds of at least 30 Mbps;

“high-speed ready in-building physical infrastructure” means in-building physical infrastructure intended to host elements, or enable delivery, of high-speed electronic communications networks;

“in-building physical infrastructure” means physical infrastructure or installations at the end-user’s location, including elements under joint ownership, intended to host wired or wireless access networks, where such access networks are capable of delivering electronic communications services and connecting the building access point with the network termination point;

“major renovation works” means works at the end-user’s location encompassing structural modifications of the entire in-building physical infrastructure, or of a significant part of it;

“network termination point” means a physical point at which an occupier is provided with access to high-speed electronic communications networks.

[F344“public electronic communications network” has the meaning given by section 151(1) of the Communications Act 2003.]]

Textual Amendments

[F345PART 9BE+WInfrastructure for the charging of electric vehicles

Textual Amendments

Application of paragraph S1 of Schedule 1 (the erection of new residential buildings)E+W

44D.—(1) The requirements of paragraph S1 of Schedule 1 apply in relation to the erection of a new residential building with associated parking as follows.

(2) The number of electric vehicle charge points that must be installed is the maximum number of electric vehicle charge points that it is possible to install at an average sum of £3600 or less for the connection cost of each electric vehicle charge point connection (“the £3600 cap”).

(3) If it is not possible to completely fulfil the requirements of paragraph S1(2) of Schedule 1 as a result of the operation of the £3600 cap, cable routes for electric vehicle charge points must be installed in the associated parking spaces that would otherwise be required to have electric vehicle charge points, but for the operation of the £3600 cap.

(4) Where the new residential building has, or will have, associated parking that is situated within a covered car park—

(a)if there are or will be any associated parking spaces situated in a position other than in a covered car park—

(i)the requirements of paragraph S1 of Schedule 1 must first be applied in relation to those parking spaces; then

(ii)if the number of associated parking spaces, which are situated in a position other than in a covered car park, is insufficient to completely fulfil the requirements of paragraph S1(2) of Schedule 1, cable routes for electric vehicle charge points must be installed in—

(aa)the number of parking spaces in the covered car park which, when added to the number of associated parking spaces which are situated in a position other than in the covered car park, corresponds to the total number of dwellings with associated parking, where the total number of associated parking spaces is 10 or less;

(bb)all the associated parking spaces in the covered car park, where the total number of associated parking spaces is both less than the number of dwellings with associated parking and 10 or less; and

(cc)all the associated parking spaces in the covered car park, where the total number of associated parking spaces is more than 10;

(b)if all the associated parking spaces are situated in a covered car park, cable routes for electric vehicle charge points must be installed—

(i)where there are 10 or fewer parking spaces—

(aa)in the number of associated parking spaces in the covered car park which corresponds to the total number of dwellings with associated parking;

(bb)in all the parking spaces where there are fewer parking spaces than there are dwellings;

(ii)in all the parking spaces in the covered car park, where there are more than 10 parking spaces.

Application of paragraph S2 of Schedule 1 (dwellings resulting from a material change of use)E+W

44E.—(1) The requirements of paragraph S2 of Schedule 1 apply to a building, or a part of a building, undergoing a material change of use to result in one or more dwellings as follows.

(2) The requirements of paragraph S2 of Schedule 1 apply—

(a)if—

(i)the circumstances specified in regulation 5(a), (b) or (g) apply; and

(ii)the material change of use involves building work being done which includes work being done to any of the following—

(aa)to a car park that is located within the site boundary of the building, where the nature of the work is such that it would be reasonable to expect that work to include enabling the requirements of paragraph S2 of Schedule 1 to be fulfilled;

(bb)the electrical infrastructure of a car park, where that car park is located within the site boundary of the building;

(cc)the electrical infrastructure of the building, where a car park is located inside the building;

(b)subject to paragraph (3), if an electric vehicle charge point for each dwelling resulting from a building, or a part of a building, undergoing a material change of use can be accommodated within the incoming electrical supply to the building without having to upgrade the capacity of the incoming electrical supply to the building; and

(c)if the building is not one in relation to which paragraph (4) applies.

(3) If paragraph (2)(a) and (c) applies, but electric vehicle charge points for some but not all of the dwellings resulting from a building, or a part of a building, undergoing a material change of use can be accommodated within the incoming electrical supply to that building—

(a)the requirements of paragraph S2 of Schedule 1 apply in respect of the maximum number of electric vehicle charge points that can be accommodated within the incoming electrical supply; and

(b)cable routes for electric vehicle charge points must be installed in the associated parking spaces that would otherwise have been required under paragraph S2 of Schedule 1 to have had electric vehicle charge points installed.

(4) The requirements of paragraph S2 of Schedule 1 do not apply if a building, or a part of a building, is—

(a)listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990;

(b)in a conservation area designated in accordance with section 69 of that Act; or

(c)included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979,

where compliance with the requirements of paragraph S2 of Schedule 1 would unacceptably alter the building’s character or appearance.

(5) If the building, or a part of a building, undergoing a material change of use to result in one or more dwellings has, or will have, associated parking that is situated within a covered car park—

(a)if there are or will be any associated parking spaces situated in a position other than in a covered car park—

(i)the requirements of paragraph S2 of Schedule 1 must first be applied in relation to those associated parking spaces; then

(ii)if the number of associated parking spaces, which are situated in a position other than in a covered car park, is insufficient to completely fulfil the requirements of paragraph S2 of Schedule 1, cable routes for electric vehicle charge points must be installed in—

(aa)all the associated parking spaces in the covered car park, where the total number of parking spaces is less than the number of such dwellings with associated parking; or

(bb)the number of associated parking spaces in the covered car park which, when added to the number of associated parking spaces which are situated in a position other than in a covered car park, corresponds to the total number of such dwellings with associated parking;

(b)if all the associated parking spaces are situated in a covered car park, cable routes for electric vehicle charge points must be installed in—

(i)all those associated parking spaces, where there are fewer parking spaces than there are such dwellings with associated parking; or

(ii)the number of those associated parking spaces that corresponds to the total number of such dwellings with associated parking.

Application of paragraph S3 of Schedule 1 (residential buildings undergoing major renovation)E+W

44F.—(1) The requirements of paragraph S3 of Schedule 1 apply to a residential building undergoing major renovation as follows.

(2) The requirements of paragraph S3 of Schedule 1 apply if—

(a)the major renovation involves building work being done which includes work being done to any of the following—

(i)a car park that is located within the site boundary of the building, where the nature of the work is such that it would be reasonable to expect that work to include enabling the requirements of paragraph S3 of Schedule 1 to be fulfilled;

(ii)the electrical infrastructure of a car park, where the car park is located within the site boundary of the building;

(iii)the electrical infrastructure of the building, where a car park is located inside the building;

(b)the residential building will have more than 10 associated parking spaces upon completion of that work;

(c)subject to paragraph (3), all the required electric vehicle charge points can be accommodated within the incoming electrical supply to the building;

(d)the cost of installing all the required electric vehicle charge points and cable routes for electric vehicle charge points does not exceed 7% of the total cost of the major renovation; and

(e)the residential building is not one in relation to which paragraph (5) applies.

(3) If paragraph (2)(a), (b) and (e) applies, but all the required electric vehicle charge points cannot be accommodated within the incoming electrical supply to the building—

(a)the requirements of paragraph S3 of Schedule 1 apply in respect of the maximum number of electric vehicle charge points that can be accommodated within the incoming electrical supply to the building; and

(b)cable routes for electric vehicle charge points must be installed in all remaining associated parking spaces.

(4) If the cost of installing the required electric vehicle charge points and cable routes for electric vehicle charge points exceeds 7% of the total cost of the major renovation—

(a)the residential building is exempt from the requirement to install any electric vehicle charge point; and

(b)cable routes for electric vehicle charge points must be installed in all associated parking spaces, except where the cost of that installation exceeds 7% of the total cost of the major renovation.

(5) The requirements of paragraph S3 of Schedule 1 do not apply to a residential building which is undergoing major renovation for the principal purpose of improving the fire safety of the external walls or roof of the building.

(6) If a residential building undergoing major renovation has, or will have more than 10 associated parking spaces—

(a)if there are or will be any associated parking spaces situated in a position other than in a covered car park—

(i)the requirements of paragraph S3 of Schedule 1 must first be applied in relation to those associated parking spaces; then

(ii)cable routes for electric vehicle charge points must be installed in all the associated parking spaces in the covered car park;

(b)if all the associated parking spaces are situated in a covered car park, cable routes for electric vehicle charge points must be installed in all the parking spaces in the covered car park.

Application of paragraph S4 of Schedule 1 (erection of new buildings which are not residential buildings or mixed-use buildings)E+W

44G.—(1) The requirements of paragraph S4 of Schedule 1 apply to the erection of a new building which is not a residential building or a mixed-use building (“new building”) as follows.

(2) If such a new building has, or will have, within its site boundary, more than 10 parking spaces—

(a)if there are or will be any parking spaces situated in a position other than in a covered car park—

(i)the requirements of paragraph S4 of Schedule 1 must first be applied in relation to those parking spaces; then

(ii)if the number of parking spaces which are situated in a position other than in a covered car park is insufficient to completely fulfil the requirements of paragraph S4 of Schedule 1, cable routes for electric vehicle charge points must be installed in a sufficient number of parking spaces in the covered car park in order to ensure compliance with the requirements of paragraph S4(b) of Schedule 1;

(b)if all the parking spaces are situated in a covered car park, cable routes for electric vehicle charge points must be installed in a minimum of one fifth of the total number of those parking spaces.

Application of paragraph S5 of Schedule 1 (buildings undergoing major renovation which are not residential buildings or mixed-use buildings)E+W

44H.—(1) The requirements of paragraph S5 of Schedule 1 apply to a building undergoing major renovation, which is not a residential building or a mixed-use building, as follows.

(2) The requirements of paragraph S5 of Schedule 1 apply to such a building if—

(a)the major renovation involves building work being done which includes work being done to any of the following—

(i)a car park that is located within the site boundary of the building, where the nature of the work is such that it would be reasonable to expect the requirements of paragraph S5 of Schedule 1 to be fulfilled;

(ii)the electrical infrastructure of a car park, where the car park is located within the site boundary of the building;

(iii)the electrical infrastructure of the building, where a car park is located inside the building;

(b)upon completion of that major renovation, the building will have more than 10 parking spaces situated within the site boundary of the building;

(c)the cost of installing the required electric vehicle charge point and cable routes for electric vehicle charge points does not exceed 7% of the total cost of the major renovation.

(3) If the cost of installing the required electric vehicle charge point and cable routes for electric vehicle charge points exceeds 7% of the total cost of the major renovation—

(a)such a building is exempt from the requirement to install the electric vehicle charge point; and

(b)cable routes for electric vehicle charge points must be installed in a minimum of one fifth of the total number of parking spaces, except where the cost of that installation exceeds 7% of the total cost of the major renovation.

(4) If such a building has, or will have, within its site boundary, more than 10 parking spaces—

(a)if there are or will be any parking spaces situated in a position other than in a covered car park—

(i)the requirements of paragraph S5 of Schedule 1 must first be applied in relation to those parking spaces; then

(ii)if the number of parking spaces which are situated in a position other than in a covered car park is insufficient to completely fulfil the requirements of paragraph S5 of Schedule 1, cable routes for electric vehicle charge points must be installed in the number of parking spaces in the covered car park in order to ensure compliance with the requirements of paragraph S5(b) of Schedule 1;

(b)if all the parking spaces are situated in a covered car park, cable routes for electric vehicle charge points must be installed in a minimum of one fifth of the total number of those parking spaces.

Application of paragraph S6 of Schedule 1 (the erection of new mixed-use buildings and mixed-use buildings undergoing major renovation)E+W

44I.—(1) The requirements of paragraph S6 of Schedule 1 apply to the erection of a new mixed-use building and a mixed-use building undergoing major renovation as follows.

(2) The requirements of paragraph S6 of Schedule 1 apply if, upon completion, such a mixed-use building will have at least one parking space situated within the site boundary of the building.

(3) If such a mixed-use building has, or will have, within its site boundary, a covered car park—

(a)if there are or will be any parking spaces situated in a position other than in a covered car park—

(i)the requirements of paragraph S6 of Schedule 1 must first be applied in relation to those parking spaces; then

(ii)if the number of parking spaces, which are situated in a position other than in a covered car park, is insufficient to completely fulfil the requirements of paragraph S6 of Schedule 1, cable routes for electric vehicle charge points must be installed in accordance with—

(aa)regulation 44D(4)(a), in relation to the associated parking spaces for one or more dwellings in a new mixed-use building;

(bb)regulation 44F(6)(a), in relation to the associated parking spaces for one or more dwellings in a mixed-use building undergoing major renovation;

(cc)regulation 44G(2)(a), in relation to the parking spaces for one or more premises that are not dwellings in a new mixed-use building;

(dd)regulation 44H(4)(a), in relation to the parking spaces for one or more premises that are not dwellings in a mixed-use building undergoing major renovation;

(b)if all the parking spaces are situated in a covered car park, cable routes for electric vehicle charge points must be installed in accordance with—

(i)regulation 44D(4)(b), in relation to the associated parking spaces for one or more dwellings in a new mixed-use building;

(ii)regulation 44F(6)(b), in relation to the associated parking spaces for one or more dwellings in a mixed-use building undergoing major renovation;

(iii)regulation 44G(2)(b), in relation to the parking spaces for one or more new premises that are not dwellings in a new mixed-use building;

(iv)regulation 44H(4)(b), in relation to the parking spaces for one or more premises that are not dwellings in a mixed-use building undergoing major renovation.

Minimum standards of an electric vehicle charge pointE+W

44J.—(1) For the purposes of this Part and Part S of Schedule 1, an electric vehicle charge point must meet the following minimum standards.

(2) It must be capable of providing a reasonable power output for each parking space for which it is intended to be used.

(3) It must be run on a dedicated circuit.

(4) It must be compatible with all vehicles which may require access to it.

Interpretation of this Part and Part S of Schedule 1E+W

44K.  In this Part and Part S of Schedule 1—

“associated parking”, or “associated parking space”, in relation to a building, means any parking space that is available within the site boundary of the building, for the use by the occupant of, or a visitor to, a dwelling in the building, including any parking space which is for the use of any occupant of, or any visitor to, any dwelling in a building containing more than one dwelling;

“building envelope” in relation to a building means the walls, floor, roof, windows, doors, roof windows and roof-lights;

“cable route” means a safe, unobstructed route from the power supply to the envisaged electric vehicle charge point location, for electrical cabling to be installed in the future;

“carport” means a shelter for one or more vehicles that—

(a)

has a roof;

(b)

has one or more open sides; and

(c)

is not situated underneath or inside a building;

“connection cost” means the cost of upgrades needed to the electricity system in order to accommodate an electric vehicle charge point, excluding the cost of any building work or the cost of the electric vehicle charge point itself;

“covered car park” means one or more parking spaces which are situated beneath a roof, but it does not include a carport or a residential garage;

“electric vehicle” means a vehicle that is capable of being propelled by electrical power derived from a storage battery;

“electric vehicle charge point” means a device intended for charging a vehicle that is capable of being propelled by electrical power derived from a storage battery (or for discharging electricity stored in such a vehicle);

“major renovation” means the renovation of a building where more than 25% of the surface area of the building envelope undergoes renovation;

“mixed-use building” means a building which contains—

(a)

one or more dwellings; and

(b)

one or more premises that are not dwellings;

“residential building”—

(a)

means a building which contains one or more dwellings; and

(b)

does not include a mixed-use building;

“residential garage” means a structure with at least three enclosed sides and a roof for housing one or more vehicles, for the sole use of the occupant of, or a visitor to, a single dwelling;

“site boundary”, in relation to a building in respect of which building work is being carried out, means the boundary of the land, upon which that building is situated, that is controlled or owned by the same person who owns—

(a)

that building; or

(b)

in the case of the erection of a new building, the land upon which building work is being carried out;

“vehicle” means a vehicle that is intended or adapted for use on roads.]

PART 10E+WMiscellaneous

Testing of building workE+W

[F34645.  The local authority may make such tests of any building work as may be necessary to establish whether it complies with regulation 7 or any of the applicable requirements contained in Schedule 1.]

Textual Amendments

Sampling of materialE+W

[F34746.  The local authority may take such samples of the material to be used in the carrying out of building work as may be necessary to enable them to ascertain whether such materials comply with the provisions of these Regulations.]

Textual Amendments

[F348Lapse of building control approval: commencement of workE+W

46A.—(1) For the purposes of section 32(6) of the Act (lapse of building control approval) work is to be regarded as commenced in accordance with the following paragraphs.

(2) Where the work consists of the construction of a complex building, work is to be regarded as commenced in relation to that building or the first stage of building work for that building when the foundations supporting the building and the structure of the lowest floor level of that building (but not the other buildings or structures to be supported by those foundations) are completed.

(3) Where the work consists of—

(a)the construction of a building and paragraph (2) does not apply; or

(b)horizontal extension of a building,

work is to be regarded as commenced when the sub-surface structure of the building or the extension including all foundations, any basement level (if any) and the structure of ground floor level is completed.

(4) Where the work consists of any other building work then work is to be regarded as commenced, where a statement under—

(a)regulation 14(1)(f)(vii), or

(b)regulation 12(1)(e)(viii) of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023,

sets outs details of the work which the client considers amounts to 15% of the proposed work, when the work detailed in the statement is completed.

(5) In this regulation—

“approved plans” means plans which were part of or accompanied the application for building control approval with full plans of the building work and which was granted building control approval, or plans approved under a requirement imposed on such an approval;

“complex building” means—

(a)

a building which is to be constructed on the same foundation plinth or podium as any other building or structure;

(b)

a building which has more than one storey below ground level;

(c)

a building where it is proposed use is primarily as a public building where the public or a section of the public has access to the building (whether or not on payment) provided that the building has a capacity for 100 or more visitors;

“public building” means—

(a)

a shop or shopping centre,

(b)

premises where food or drink are sold for consumption on the premises, including a nightclub, social club or dance hall;

(c)

a stadium, theatre, cinema, concert hall;

(d)

a sports ground;

(e)

an exhibition hall or conference centre;

(f)

a hospital or premises for the provision of health care.]

Textual Amendments

Modifications etc. (not altering text)

Contravention of certain regulations not to be an offenceE

[F34947.  The following regulations are designated as provisions to which section 35 of the Act (penalty for contravening building regulations) does not apply—

[F350(a)(i)regulation 14A (determination of applications for building control approval with full plans),

(ii)regulation 15A (consultation in relation fire safety),

(iii)regulation 16(3D) [F351and (3E)] (notice as to commencement of work),

(iv)regulation 17 (completion certificates),

(v)regulation 17A (certificate for building occupied before work is completed),

(vi)regulation 18(6A) [F352(unauthorised building work)],

(vii)regulation 18E(8) and (12) (appeals under section 101A of the Act),

(viii)regulation 19C(2) (regulator’s notices: grounds for rejection),

(ix)regulation 19E (regulator’s notices: direction),

(x)regulation 20(6A) (provisions applicable to self-certification schemes),

(xi)regulation 20A(7A) (provisions applicable to third party certification schemes),

(xii)regulation 25A(3A) (consideration of high-efficiency alternative systems for new buildings),

(xiii)regulation 27(4A) (CO2 emission rate calculations),

(xiv)regulation 27A(4A) (fabric energy efficiency rate calculations),

(xv)regulation 27C(4A) (target primary energy rate calculations for new buildings),

(xvi)regulation 37(3) (wholesome water consumption calculation),

(xvii)regulation 41(3A) (sound insulation testing),

(xviii)regulation 42(4) (mechanical ventilation air flow rate testing),

(xix)regulation 43(6) (pressure testing),

(xx)regulation 44(5) (commissioning),

(xxi)regulation 44ZA(4) (commissioning in respect of a system for on-site electricity generation),

(xxii)regulation 47B (compliance notices: contents),

(xxiii)regulation 47C (stop notices: contents),

(xxiv)regulation 47D(3) (compliance and stop notices: notification),

(xxv)regulation 47E(2) (compliance and stop notices: withdrawal), and]

(b)regulations 23, 25B and 26, in so far as these Regulations apply to Crown buildings or to building work carried out or proposed to be carried out by Crown authorities.]

Extent Information

E26This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F349Reg. 47 substituted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 25, Sch. 1 (with regs. 1(3), 45-47) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Contravention of certain regulations not to be an offenceW

[F54147.  The following regulations are designated as provisions to which section 35 of the Act (penalty for contravening building regulations) does not apply—

(a)regulations 17, 17A, 25A, 27, [F54127A,] ... 37, 41, 42, 43 and 44; and

(b)regulations 23, 25B and 26, in so far as these Regulations apply to Crown buildings or to building work carried out or proposed to be carried out by Crown authorities.]

Extent Information

E53This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F541Reg. 47 substituted (with corresponding changes to match the changes made for E. by S.I. 2012/3119, reg. 25, S.I. 2014/579, reg. 2(8) and S.I. 2016/285, reg. 2(17)) (W.) (1.11.2018) by The Building (Amendment) (Wales) Regulations 2018 (S.I. 2018/552), regs. 1(3), 4 (with reg. 6)

[F353Compliance notices: excluded provisionsE+W

47A.  The following provisions of these Regulations are prescribed for the purposes of section 35B(7)(a) of the Act as provisions in relation to which a compliance notice may not be given—

(a)regulation 14A (determination of applications for building control approval with full plans),

(b)regulation 15A (consultation in relation fire safety),

(c)regulation 16(3D) [F354and (3E)] (notice as to commencement of work),

(d)regulation 17 (completion certificates),

(e)regulation 17A (certificate for building occupied before work is completed),

(f)regulation 18(6A) [F355(unauthorised building work)],

(g)regulation 18E(8) and (12) (appeals under section 101A of the Act),

(h)regulation 19C(2) (regulator’s notices: grounds for rejection),

(i)regulation 19E (regulator’s notices: direction),

(j)regulation 20(6A) (provisions applicable to self-certification schemes),

(k)regulation 20A(7A) (provisions applicable to third party certification schemes),

(l)regulation 25A(3A) (consideration of high-efficiency alternative systems for new buildings),

(m)regulation 27(4A) (CO2 emission rate calculations),

(n)regulation 27A(4A) (fabric energy efficiency rate calculations),

(o)regulation 27C(4A) (target primary energy rate calculations for new buildings),

(p)regulation 37(3) (wholesome water consumption calculation),

(q)regulation 41(3A) (sound insulation testing),

(r)regulation 42(4) (mechanical ventilation air flow rate testing),

(s)regulation 43(6) (pressure testing),

(t)regulation 44(5) (commissioning),

(u)regulation 44ZA(4) (commissioning in respect of a system for on-site electricity generation),

(v)regulation 47B (compliance notices: contents),

(w)regulation 47C (stop notices: contents),

(x)regulation 47D(3) (compliance and stop notices: notification),

(y)regulation 47E(2) (compliance and stop notices: withdrawal).

Textual Amendments

Compliance notices: contentsE+W

47B.—(1) A compliance notice given by a building control authority must be in writing and state—

(a)that it is a compliance notice under section 35B of the Act;

(b)the date the notice is given;

(c)the name or description of the recipient; and

(d)the consequences of failing to comply with the notice.

(2) A compliance notice must additionally—

(a)describe the issue to which the notice relates;

(b)identify the provision of building regulations, or the requirement imposed by virtue of building regulations, to which the compliance notice relates;

(c)provide details of the nature of the contravention or likely contravention;

(d)state that the notice may be withdrawn by the building control authority;

(e)state that the recipient may apply to the First-tier Tribunal under section 39A(3) of the Act for an extension of the specified period for doing anything set out in the notice and state that any application must be made within 21 relevant days of the date the notice is given;

(f)state that the recipient may appeal to the First-tier Tribunal under section 39A(1) of the Act and state that any appeal must be made within 21 relevant days of the date the notice is given.

(3) A compliance notice must relate to no more than one contravention or likely contravention of building regulations or a requirement imposed by virtue of building regulations.

Textual Amendments

Stop notices: contentsE+W

47C.—(1) A stop notice given by a building control authority must be in writing and state—

(a)that it is a stop notice under section 35C(1)(a), 35C(1)(b) or, as the case may be, 35C(1)(c) of the Act;

(b)the date the notice is given and whether the notice applies immediately, or where it does not apply immediately, the date when it applies;

(c)the name or description of the recipient; and

(d)the consequences of failing to comply with the notice.

(2) A stop notice must additionally—

(a)describe the issue to which the notice relates;

(b)specify—

(i)in a case within section 35C(1)(a) of the Act, the provision of building regulations or requirement imposed by virtue of building regulations to which the stop notice relates;

(ii)in a case within section 35C(1)(b) of the Act, the compliance notice to which the stop notice relates;

(iii)in a case within section 35C(1)(c) of the Act, the provision of building regulations or requirement imposed by virtue of building regulations to which the stop notice relates;

(c)provide details of the nature of the contravention (including, in a case within section 35C(1)(c) of the Act, the nature of the serious harm that is anticipated);

(d)state that the recipient may appeal to the First-tier Tribunal under section 39A(5) of the Act and state that any appeal must be made within 21 relevant days of the date the notice is given; and

(e)state that the recipient may apply to the First-tier Tribunal under section 39A(6) of the Act for a direction.

(3) A stop notice must relate to—

(a)in a case within section 35C(1)(a) of the Act, no more than one contravention of a prescribed provision of building regulations or requirement imposed by virtue of such a provision;

(b)in a case within section 35C(1)(b) of the Act, no more than one compliance notice;

(c)in a case within section 35C(1)(c) of the Act, no more than one contravention of a provision of building regulations or a requirement imposed by virtue of such a provision.

Textual Amendments

Compliance notices and stop notices: giving of notices and notification of othersE+W

47D.—(1) Paragraph (2) applies where a compliance notice under section 35B of the Act or a stop notice under section 35C(1) of the Act is to be given in relation to work on a site or premises and another form of service under section 94(1) of the Act is not appropriate.

(2) Where, after reasonable inquiries, the building control authority is satisfied that there is no one to whom a compliance notice or stop notice can be delivered, the notice, or a copy of it, may be affixed to a conspicuous part of the site or premises where the work to which the notice relates is carried out.

(3) Where a building control authority gives a compliance notice or stop notice, the authority must take reasonable steps to notify the following persons as to the giving of the notice—

(a)the client, the principal contractor (or sole contractor) and the principal designer (or sole or lead designer) for the work to which the notice relates;

(b)where the regulator is the building control authority, the local authority for the area in which the building is situated or the proposed building is to be situated;

(c)where the notice relates to a contravention of Part B of Schedule 1 in relation to a building to which the Regulatory Reform (Fire Safety) Order 2005 applies or will apply after completion of the work, the enforcing authority (within the meaning of article 25 of that Order) for the building or the proposed building;

(d)where the client is—

(i)in relation to any work, a private registered provider of social housing,

(ii)in relation to work other than the erection of a new building, any other registered provider of social housing,

the Regulator of Social Housing;

(e)where the client is a landlord in relation to any dwelling contained in the building, the local housing authority for the area in which the building is located; and

(f)where the notice relates to work to an existing higher-risk building, the accountable person who is responsible for the part of the building where the work is carried out.

(4) In this regulation—

“accountable person” has the meaning in given in section 72 of the Building Safety Act 2022;

“the Regulator of Social Housing” is the body established under section 80A of the Housing and Regeneration Act 2008.

Textual Amendments

Compliance and stop notices: withdrawalE+W

47E.—(1) A building control authority may withdraw a compliance notice or stop notice.

(2) Where a building control authority withdraws a compliance notice or stop notice it must as soon as reasonably practicable give the recipient a notice in writing to that effect.

Textual Amendments

Appeal to the First-tier Tribunal in relation to a compliance notice or stop noticeE+W

47F.—(1) An appeal to the First-tier Tribunal under section 39A(1) or (5) of the Act must be made by the relevant date.

(2) The First-tier Tribunal may allow an appeal referred to in paragraph (1) only if it is satisfied that the giving of the compliance notice or stop notice in question was wrong on one or more of the following grounds—

(a)that the notice was given based on an error of fact;

(b)that the giving of the notice was wrong in law;

(c)that the giving of the notice was unreasonable;

(d)that the notice was given without following the procedures set out in the Act or regulations made under that Act (except regulation 47D(3)).

(3) If the First-tier Tribunal allows an appeal referred to in paragraph (1) it may quash or vary the compliance notice or stop notice.

(4) In this regulation the “relevant date” is—

(a)in the case of an appeal under section 39A(1), within 21 relevant days beginning with the date the compliance notice is given; and

(b)in the case of an appeal under section 39A(5), within 21 relevant days beginning with the date the stop notice is given.

Textual Amendments

Application to the First-tier Tribunal in relation to extension of the specified period in a compliance noticeE+W

47G.—(1) An application to the First-tier Tribunal under section 39A(3) of the Act in relation to a compliance notice must made within 21 relevant days beginning with the date the compliance notice is given.

(2) In deciding the question set out in an application under section 39A(3) of the Act the First-tier Tribunal must consider whether the recipient of the notice has demonstrated they are unable to comply within the specified period and it is reasonable to extend it.

Textual Amendments

Application to the First-tier Tribunal for a direction in relation to a stop noticeE+W

47H.  In deciding the question set out in an application to the First-tier Tribunal under section 39A(6) of the Act in relation to a stop notice, the First-tier Tribunal must consider whether it is fair and proportionate, having regard to any representations made, to give the direction.]

Textual Amendments

Electronic service of documentsE+W

[F35648.—(1) Section 94A of the Act M18 (electronic service of documents) shall have effect as if the following documents were documents mentioned in subsection (7) of that section—

(a)a building notice and any accompanying statement, description, particulars or plan under regulation 13;

(b)full plans and any accompanying statement under regulation 14;

(c)a notice under regulation 16;

(d)a completion certificate under regulation 17 F357[F358or regulation 17A];

(e)an application for a regularisation certificate under regulation 18(2);

(f)a regularisation certificate under regulation 18(5);

(g)a certificate or notice under regulation 20;

F359[F360(ga)a notice under regulation 25A;]

(h)a notice under regulation 27(2) or (3);

F361F362(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F361F362(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k)a notice under regulation 37(1);

(l)results of sound insulation testing under regulation 41(2)(b);

(m)a notice under regulation 42(2)(b);

(n)a notice of the results of pressure testing under regulation 43(2)(b);

(o)a notice under regulation 44(3).

(2) Where full plans are deposited by means of an electronic communication in accordance with section 94A of the Act, regulation 14 shall apply as if—

(a)sub-paragraph (a) of paragraph (2) were omitted;

(b)in sub-paragraph (b) of that paragraph—

(i)the words “ a copy ” were substituted for the words “an additional two copies”;

(ii)the word “ and ” was substituted for the words “, both of which”;

(c)in paragraph (6) the words “ a copy ” were substituted for the words “additional copies”.]

Textual Amendments

F357Words in reg. 48(1)(d) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 23(a) (with reg. 1(2)(3))

F358Words in reg. 48(1)(d) inserted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 26(a), Sch. 1 (with regs. 1(3), 45-47)

F359Reg. 48(1)(ga) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 23(b) (with reg. 1(2)(3))

F360Reg. 48(1)(ga) inserted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 26(b), Sch. 1 (with regs. 1(3), 45-47)

F361Reg. 48(1)(i)(j) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(18) (with reg. 1(3))

Marginal Citations

M18Section 94A was inserted by S.I. 2008/2334.

Transitional provisions: interpretationE+W

49.  In regulations 50 to 53—

“the 2009 Regulations” means the Building (Amendment No. 2) Regulations 2009 M19;

F363...

Textual Amendments

F363Words in reg. 49 omitted (15.7.2011) by virtue of The Building (Amendment) Regulations 2011 (S.I. 2011/1515), regs. 1(2), 3(4)

Marginal Citations

M19S.I. 2009/2397 amended by S.I. 2009/2465 and 2010/719.

Transitional provisions: work already started before 1st OctoberE+W

50.—(1) Subject to paragraph (2), where before 1st October 2010 building work is started in accordance with—

(a)a building notice given to, or full plans deposited with, a local authority under regulation 12(2A) of the Building Regulations 2000 M20 (giving of a building notice or deposit of plans) and a notice given to the local authority under regulation 15(1) of those Regulations M21 (notice of commencement and completion of certain stages of work);

(b)an initial notice or an amendment notice given in accordance with section 47(1) (giving and acceptance of initial notice) or 51A(2) of the Act M22 (variation of work to which initial notice relates);

(c)a public body's notice given in accordance with section 54 (giving, acceptance and effect of public body's notice) of the Act,

the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to that building work.

(2) Where before 1st October 2010 building work is started in accordance with an initial notice which is varied by an amendment notice given on or after that date, the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply 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.

(3) Where before 1st October 2010 building work is started to which regulation 12(5)(a) or (b) M23 of the Building Regulations applies, the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to that building work.

Marginal Citations

M20S.I. 2000/2531; regulation 12(2A) was inserted by S.I. 2006/652.

M21Regulation 15(1) was amended by S.I. 2002/440 and 2006/652.

M22Section 47(1) was amended by section 8 of the Sustainable and Secure Buildings Act 2004 (c.22) and S.I. 1996/1905. Section 51A(2) was inserted by S.I. 1996/1905.

M23Regulation 12(5) was substituted by S.I. 2004/3210 and amended by S.I. 2008/671.

Transitional provisions: work for which notification is not requiredE+W

51.  Where before 1st October 2010 a contract is entered into for the provision of building work to which regulation 12(5)(a) or (b) of the Building Regulations 2000 applies, the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to that work.

Transitional provisions: notice given or plans deposited before 1st October 2010E+W

52.—(1) Subject to paragraph (2), the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply in relation to building work where—

(a)before 1st October 2010 a building notice, an initial notice, a plans certificate, an amendment notice or a public body's notice has been given to, or full plans deposited with, a local authority; and

(b)the work is carried out or is to be carried out in accordance with any such notice or plans, whether with or without any departure from such plans,

provided that the work is started before 1st October 2011.

(2) Where an initial notice given before 1st October 2010 is varied by an amendment notice given on or after that date, the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply 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, provided that the work is started before 1st October 2011.

Transitional and saving provisions: earlier Building RegulationsE+W

53.—(1) If immediately before 1st October 2010 any of the transitional provisions listed in paragraph (2) applied in relation to building work, the Regulations specified in Schedule 5 shall continue to apply in relation to that building work in accordance with that provision as if these Regulations had not been made.

(2) The provisions are—

regulation 4 of the Building (Amendment) Regulations 2001 M24; regulation 3 of the Building (Amendment) Regulations 2002 M25; regulations 3 and 4 of the Building (Amendment) (No. 2) Regulations 2002 M26; regulation 3 of the Building (Amendment) Regulations 2003 M27; regulation 3 of the Building (Amendment) Regulations 2004 M28; regulation 3 of the Building (Amendment) (No. 3) Regulations 2004 M29; regulations 29 to 34 of the Building and Approved Inspectors (Amendment) Regulations 2006 M30 in so far as they relate to the Building Regulations 2000; regulation 4 of the Building and Approved Inspectors (Amendment) (No. 2) Regulations 2006 M31 in so far as it relates to the Building Regulations 2000; regulation 4 of the Building and Approved Inspectors (Amendment) Regulations 2007 M32 in so far as it relates to the Building Regulations 2000; regulations 4 to 8 of the Building and Approved Inspectors (Amendment) Regulations 2009 M33 in so far as they relate to the Building Regulations 2000.

(3) Regulation 22A of the Building Regulations 2000 M34 (time limit for prosecution for contravention of certain regulations) shall continue to have effect in relation to contraventions of building regulations committed before 22nd September 2008 as if the 2009 Regulations had not been made.

(4) If immediately before 1st October 2010 regulation 23 of the Building Regulations 2000 applied in relation to building work, the Regulations specified in Schedule 3 to those Regulations shall continue to apply in relation to that building work in accordance with that transitional provision as if these Regulations had not been made.

Marginal Citations

M33S.I. 2009/1219 amended by S.I. 2009/2465 and 2010/719.

M34Regulation 22A was inserted by S.I. 2008/671 and is revoked by S.I. 2009/2397.

Revocations and consequential amendmentsE+W

54.—[F364(1) The Regulations specified in the first column of the table in Schedule 5 are revoked to the extent specified in relation to each in the third column of that table.]

[F365(2) Schedule 6, which contains consequential amendments to the Building (Local Authority Charges) Regulations 2010M35 and the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007M36, has effect.]

Textual Amendments

Marginal Citations

[F366Review of Part 9A and Part R of Schedule 1E+W

55.—(1) Before the end of each review period the Secretary of State must—

(a)carry out a review of Part 9A and Part R of Schedule 1; and

(b)publish a report setting out the conclusions of the review.

F367(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The report must in particular—

(a)set out the objectives intended to be achieved by the regulatory provision in Part 9A and Part R of Schedule 1;

(b)assess the extent to which those objectives have been achieved;

(c)assess whether those objectives remain appropriate; and

(d)if those objectives remain appropriate, assess the extent to which they could be achieved in another way that imposes less onerous regulatory provision.

(4) In this regulation, “review period” means—

(a)the period of five years beginning on the 9th May 2016; and

(b)subject to paragraph (5), each successive period of five years.

(5) If a report under this regulation is published before the last day of the review period to which it relates, the next review period will begin with the day on which that report is published.]

Textual Amendments

F366Reg. 55 added (E., but only in relation to excepted energy buildings in W.) (9.5.2016) by The Building (Amendment) Regulations 2016 (S.I. 2016/490), regs. 1(4), 2(5) (with reg. 1(3))

[F368Review of Part 9B and Part S of Schedule 1E+W

56.—(1) The Secretary of State must from time to time—

(a)carry out a review of the regulatory provision contained in Part 9B of, and Part S of Schedule 1 to, these Regulations; and

(b)publish a report setting out the conclusions of that review.

(2) The first report must be published before 15th June 2027.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

(a)set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);

(b)assess the extent to which those objectives are achieved;

(c)assess whether those objectives remain appropriate; and

(d)if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(5) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).]

Textual Amendments

Signed by authority of the Secretary of State

Andrew Stunell

Parliamentary Under Secretary of State

Department for Communities and Local Government

Regulations 4 and 6

SCHEDULE 1E+WRequirements

PART A STRUCTURE

RequirementLimits on application
Loading

A1.—(1) The building shall be constructed so that the combined dead, imposed and wind loads are sustained and transmitted by it to the ground—

(a) safely; and

(b) without causing such deflection or deformation of any part of the building, or such movement of the ground, as will impair the stability of any part of another building.

(2) In assessing whether a building complies with sub-paragraph (1) regard shall be had to the imposed and wind loads to which it is likely to be subjected in the ordinary course of its use for the purpose for which it is intended.

Ground Movement

A2. The building shall be constructed so that ground movement caused by—

(a) swelling, shrinkage or freezing of the subsoil; or

(b) land-slip or subsidence (other than subsidence arising from shrinkage), in so far as the risk can be reasonably foreseen,

will not impair the stability of any part of the building.

Disproportionate collapse

A3. The building shall be constructed so that in the event of an accident the building will not suffer collapse to an extent disproportionate to the cause.

PART B FIRE SAFETY

Means of warning and escape

B1. The building shall be designed and constructed so that there are appropriate provisions for the early warning of fire, and appropriate means of escape in case of fire from the building to a place of safety outside the building capable of being safely and effectively used at all material times.

Requirement B1 does not apply to any prison provided under section 33 of the Prison Act 1952 (power to provide prisons etc).

Internal fire spread (linings)

B2.—(1) To inhibit the spread of fire within the building, the internal linings shall—

(a) adequately resist the spread of flame over their surfaces; and

(b) have, if ignited, either a rate of heat release or a rate of fire growth, which is reasonable in the circumstances.

(2) In this paragraph “internal linings” means the materials or products used in lining any partition, wall, ceiling or other internal structure.

Internal fire spread (structure)

B3.—(1) The building shall be designed and constructed so that, in the event of fire, its stability will be maintained for a reasonable period.

(2) A wall common to two or more buildings shall be designed and constructed so that it adequately resists the spread of fire between those buildings. For the purposes of this sub-paragraph a house in a terrace and a semi-detached house are each to be treated as a separate building.

(3) Where reasonably necessary to inhibit the spread of fire within the building, measures shall be taken, to an extent appropriate to the size and intended use of the building, comprising either or both of the following—

(a) sub-division of the building with fire-resisting construction;

(b) installation of suitable automatic fire suppression systems.

(4) The building shall be designed and constructed so that the unseen spread of fire and smoke within concealed spaces in its structure and fabric is inhibited.

Requirement B3(3) does not apply to material alterations to any prison provided under section 33 of the Prison Act 1952.

External Fire Spread

B4.—(1) The external walls of the building shall adequately resist the spread of fire over the walls and from one building to another, having regard to the height, use and position of the building.

(2) The roof of the building shall adequately resist the spread of fire over the roof and from one building to another, having regard to the use and position of the building.

Access and facilities for the fire service

B5.—(1) The building shall be designed and constructed so as to provide reasonable facilities to assist fire fighters in the protection of life.

(2) Reasonable provision shall be made within the site of the building to enable fire appliances to gain access to the building.

PART C SITE PREPARATION AND RESISTANCE TO CONTAMINANTS AND MOISTURE

Preparation of site and resistance to contaminants

C1.—(1) The ground to be covered by the building shall be reasonably free from any material that might damage the building or affect its stability, including vegetable matter, topsoil and pre-existing foundations.

(2) Reasonable precautions shall be taken to avoid danger to health and safety caused by contaminants on or in the ground covered, or to be covered by the building and any land associated with the building.

(3) Adequate sub-soil drainage shall be provided, if it is needed to avoid—

(a) the passage of ground moisture to the interior of the building;

(b) damage to the building, including damage through the transport of water-borne contaminants to the foundations of the building.

(4) For the purposes of this requirement, “contaminant” means any substance which is or may become harmful to persons or buildings including substances which are corrosive, explosive flammable, radioactive or toxic.

Resistance to moisture

C2. The walls, floors and roof of the building shall adequately protect the building and people who use the building from harmful effects caused by—

(a) ground moisture;

(b) precipitation including wind-driven spray;

(c) interstitial and surface condensation; and

(d) spillage of water from or associated with sanitary fittings or fixed appliances.

PART D TOXIC SUBSTANCES

Cavity insulation

D1. If insulating material is inserted into a cavity in a cavity wall, reasonable precautions shall be taken to prevent the subsequent permeation of any toxic fumes from that material into any part of the building occupied by people.

PART E RESISTANCE TO THE PASSAGE OF SOUND

Protection against sound from other parts of the building and adjoining buildings

E1. Dwelling-houses, flats and rooms for residential purposes shall be designed and constructed in such a way that they provide reasonable resistance to sound from other parts of the same building and from adjoining buildings.

Protection against sound within a dwelling-house etc

E2. Dwelling-houses, flats and rooms for residential purposes shall be designed and constructed in such a way that—

(a) internal walls between a bedroom or a room containing a water closet, and other rooms; and

(b) internal floors,

provide reasonable resistance to sound.

Requirement E2 does not apply to—

(a) an internal wall which contains a door;

(b) an internal wall which separates an ensuite toilet from the associated bedroom;

(c) existing walls and floors in a building which is subject to a material change of use.

Reverberation in common internal parts of buildings containing flats or rooms for residential purposes

E3. The common internal parts of buildings which contain flats or rooms for residential purposes shall be designed and constructed in such a way as to prevent more reverberation around the common parts than is reasonable.

Requirement E3 only applies to corridors, stairwells, hallways and entrance halls which give access to the flat or room for residential purposes.

Acoustic conditions in schools

E4.—(1) Each room or other space in a school building shall be designed and constructed in such a way that it has the acoustic conditions and the insulation against disturbance by noise appropriate to its intended use.

(2) For the purposes of this Part—

“school” has the same meaning as in section 4 of the Education Act 1996; and

“school building” means any building forming a school or part of a school.

PART F VENTILATION

Means of ventilation

F1.—(1) There shall be adequate means of ventilation provided for people in the building.

(2) Fixed systems for mechanical ventilation and any associated controls must be commissioned by testing and adjusting as necessary to secure that the objective referred to in sub-paragraph (1) is met.

Requirement F1 does not apply to a building or space within a building—

(a) into which people do not normally go;

(b) which is used solely for storage; or

(c) which is a garage used solely in connection with a single dwelling.

PART G SANITATION, HOT WATER SAFETY AND WATER EFFICIENCY

Cold water supply

G1.—(1) There must be a suitable installation for the provision of—

(a) wholesome water to any place where drinking water is drawn off;

(b) wholesome water or softened wholesome water to any washbasin or bidet provided in or adjacent to a room containing a sanitary convenience;

(c) wholesome water or softened wholesome water to any washbasin, bidet, fixed bath and shower in a bathroom;

(d) wholesome water to any sink provided in any area where food is prepared.

(2) There must be a suitable installation for the provision of water of suitable quality to any sanitary convenience fitted with a flushing device.

[F369Water efficiency] [F369Water efficiency of new dwellings]

G2. Reasonable provision must be made by the installation of fittings and fixed appliances that use water efficiently for the prevention of undue consumption of water.

Requirement G2 applies only when a dwelling is—

(a) erected; or

(b) formed by a material change of use of a building within the meaning of regulation 5(a) or (b).

[F370Water efficiency of new buildings other than dwellings and healthcare buildings

G2A

Reasonable provision must be made in the design and installation of any sanitary convenience, washbasin or shower so as to prevent the undue consumption of water.

Requirement G2A applies only to building work that consists of the erection or extension of a building which is not a dwelling or a healthcare building.

“Healthcare building” means—

(a)

a hospital;

(b)

a building used for the provision of medical services by a registered medical practitioner;

(c)

a building used for the provision of dental services by a person who under the Dentists Act 1984 is permitted to practise dentistry;

(d)

a building not falling within paragraphs (b) or (c) which is used for the provision of primary medical services or primary dental services under the National Health Service Act 2006 or the National Health Service (Wales) Act 2006;

(e)

a building at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided.]

Hot water supply and systems

G3.—(1) There must be a suitable installation for the provision of heated wholesome water or heated softened water to—

(a) any washbasin or bidet provided in or adjacent to a room containing a sanitary convenience;

(b) any washbasin, bidet, fixed bath and shower in a bathroom; and

(c) any sink provided in any area where food is prepared.

(2) A hot water system, including any cistern or other vessel that supplies water to or receives expansion water from a hot water system, must be designed, constructed and installed so as to resist the effects of temperature and pressure that may occur either in normal use or in the event of such malfunctions as may reasonably be anticipated, and must be adequately supported.

(3) A hot water system that has a hot water storage vessel must incorporate precautions to—

(a) prevent the temperature of the water stored in the vessel at any time exceeding 100°C;

(b) ensure that any discharge from safety devices is safely conveyed to where it is visible but will not cause a danger to persons in or about the building.

(4) The hot water supply to any fixed bath must be so designed and installed as to incorporate measures to ensure that the temperature of the water than can be delivered to that bath does not exceed 48°C.

Requirement G3(3) does not apply to a system which heats or stores water for the purposes only of an industrial process.

Requirement G3(4) applies only when a dwelling is—

(a) erected; or

(b) formed by a material change of use of a building within the meaning of regulation 5(a) or (b).

Sanitary conveniences and washing facilities

G4.—(1) Adequate and suitable sanitary conveniences must be provided in rooms provided to accommodate them or in bathrooms.

(2) Adequate hand washing facilities must be provided in—

(a) rooms containing sanitary conveniences; or

(b) rooms or spaces adjacent to rooms containing sanitary conveniences.

(3) Any room containing a sanitary convenience, a bidet, or any facility for washing hands provided in accordance with sub-paragraph (2)(b), must be separated from any kitchen or any area where food is prepared.

Bathrooms

G5. A bathroom must be provided containing a washbasin and either a fixed bath or a shower.

Requirement G5 applies only to dwellings and to buildings containing one or more rooms for residential purposes.

Kitchens and food preparation areas

G6. A suitable sink must be provided in any area where food is prepared.

Textual Amendments

PART H DRAINAGE AND WASTE DISPOSAL

Foul water drainage

H1.—(1) An adequate system of drainage shall be provided to carry foul water from appliances within the building to one of the following, listed in order of priority—

(a) a public sewer; or where that is not reasonably practicable,

(b) a private sewer communicating with a public sewer; or where that is not reasonably practicable,

(c) either a septic tank which has an appropriate form of secondary treatment or another wastewater treatment system; or, where that is not reasonably practicable,

(d) a cesspool.

(2) In this Part “foul water” means waste water which comprises or includes—

(a) waste from a sanitary convenience, bidet or appliance used for washing receptacles for foul waste; or

(b) water which has been used for food preparation, cooking or washing.

Requirement H1 does not apply to the diversion of water which has been used for personal washing or for the washing of clothes, linen or other articles to collection systems for reuse.

Wastewater treatment systems and cesspools

H2.—(1) Any septic tank and its form of secondary treatment, other wastewater treatment system or cesspool, shall be so sited and constructed that—

(a) it is not prejudicial to the health of any person;

(b) it will not contaminate any watercourse, underground water or water supply;

(c) there are adequate means of access for emptying and maintenance; and

(d) where relevant, it will function to a sufficient standard for the protection of health in the event of a power failure

(2) Any septic tank or holding tank which is part of a wastewater treatment system or cesspool shall be—

(a) of adequate capacity;

(b) so constructed that it is impermeable to liquids; and

(c) adequately ventilated.

(3) Where a foul water drainage system from a building discharges to a septic tank, wastewater treatment system or cesspool, a durable notice shall be affixed in a suitable place in the building containing information on any continuing maintenance required to avoid risks to health.

Rainwater drainage

H3.—(1) Adequate provision shall be made for rainwater to be carried from the roof of the building.

(2) Paved areas around the building shall be so constructed as to be adequately drained.

(3) Rainwater from a system provided pursuant to sub-paragraphs (1) or (2) shall discharge to one of the following, listed in order of priority—

(a) an adequate soakaway or some other adequate infiltration system; or, where that is not reasonably practicable,

(b) a watercourse; or, where that is not reasonably practicable,

(c) a sewer.

Requirement H3(2) applies only to paved areas—

(a) which provide access to the building pursuant to requirement F371[F372M1 (access and use), or] [F372M1 (access to and use of buildings other than dwellings),] requirement M2 (access to extensions to buildings other than dwellings) F373[F374, or requirement M4(1), (2) or (3) (access to and use of dwellings)];

(b) which provide access to or from a place of storage pursuant to requirement H6(2) (solid waste storage); or

(c) in any passage giving access to the building, where this is intended to be used in common by the occupiers of one or more other buildings

Requirement H3(3) does not apply to the gathering of rainwater for reuse

Building over sewers

H4.—(1) The erection or extension of a building or work involving the underpinning of a building shall be carried out in a way that is not detrimental to the building or building extension or to the continued maintenance of the drain, sewer or disposal main.

(2) In this paragraph “disposal main” means any pipe, tunnel or conduit used for the conveyance of effluent to or from a sewage disposal works, which is not a public sewer.

(3) In this paragraph and paragraph H5 “map of sewers” means any records kept by a sewerage undertaker under section 199 of the Water Industry Act 1991.

Requirement H4 applies only to work carried out—

(a) over a drain, sewer or disposal main which is shown on any map of sewers; or

(b) on any site or in such a manner as may result in interference with the use of, or obstruction of the access of any person to, any drain, sewer or disposal main which is shown on any map of sewers.

Separate systems of drainage

H5. Any system for discharging water to a sewer which is provided pursuant to paragraph H3 shall be separate from that provided for the conveyance of foul water from the building.

Requirement H5 applies only to a system provided in connection with the erection or extension of a building where it is reasonably practicable for the system to discharge directly or indirectly to a sewer for the separate conveyance of surface water which is—

(a) shown on a map of sewers; or

(b) under construction either by the sewerage undertaker or by some other person (where the sewer is the subject of an agreement to make a declaration of vesting pursuant to section 104 of the Water Industry Act 1991).

Solid waste storages

H6.—(1) Adequate provision shall be made for storage of solid waste.

(2) Adequate means of access shall be provided—

(a) for people in the building to the place of storage; and

(b) from the place of storage to a collection point (where one has been specified by the waste collection authority under section 46 (household waste) or section 47 (commercial waste) of the Environmental Protection Act 1990) or to a street (where no collection point has been specified).

Textual Amendments

F371Words “M1 (access and use), or” in Sch. 1 Pt. H substituted for “M1 (access to and use of buildings other than dwellings)” (W. in relation to excepted energy buildings) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 13(a)(i) (with )

F372Words in Sch. 1 Pt. H substituted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(11)(a)(i) (with regs. 1(3), 4) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F373Words “, or requirement M4(1), (2) or (3) (access to and use of dwellings)” in Sch. 1 Pt. H omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 13(a)(ii) (with reg. 29)

F374Words in Sch. 1 Pt. H inserted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(11)(a)(ii) (with regs. 1(3), 4) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

PART J COMBUSTION APPLIANCES AND FUEL STORAGE SYSTEMS

Air supply

J1. Combustion appliances shall be so installed that there is an adequate supply of air to them for combustion, to prevent over-heating and for the efficient working of any flue.

Requirements J1 and J2 apply only to fixed combustion appliances (including incinerators).

Discharge of products of combustion

J2. Combustion appliances shall have adequate provision for the discharge of products of combustion to the outside air.

Warning of release of carbon monoxide

J3. Where a combustion appliance is provided, appropriate provision having regard to the design and location of the appliance shall be made to detect and give early warning of the release of carbon monoxide at levels harmful to persons.

Requirement J3 applies only to fixed combustion appliances located in dwellings.

Protection of building

J4. Combustion appliances and flue-pipes shall be so installed, and fireplaces and chimneys shall be so constructed and installed, as to reduce to a reasonable level the risk of people suffering burns or the building catching fire in consequence of their use.

Requirement J4 applies only to fixed combustion appliances (including incinerators).

Provision of information

J5. Where a hearth, fireplace, flue or chimney is provided or extended, a durable notice containing information on the performance capabilities of the hearth, fireplace, flue or chimney shall be affixed in a suitable place in the building for the purpose of enabling combustion appliances to be safely installed.

Protection of liquid fuel storage systems

J6. Liquid fuel storage systems and the pipes connecting them to combustion appliances shall be so constructed and separated from buildings and the boundary of the premises as to reduce to a reasonable level the risk of the fuel igniting in the event of fire in adjacent buildings or premises.

Requirement J6 applies only to—

(a) fixed oil storage tanks with capacities greater than 90 litres and connecting pipes; and

(b) fixed liquefied petroleum gas storage installations with capacities greater than 150 litres and connecting pipes,

which are located outside the building and which serve fixed combustion appliances (including incinerators) in the building.

Protection against pollution

J7. Oil storage tanks and the pipes connecting them to combustion appliances shall—

(a) be so constructed and protected as to reduce to a reasonable level the risk of the oil escaping and causing pollution; and

(b) have affixed in a prominent position a durable notice containing information on how to respond to an oil escape so as to reduce to a reasonable level the risk of pollution.

Requirement J7 applies only to fixed oil storage tanks with capacities of 3,500 litres or less, and connecting pipes, which are—

(a) located outside the building; and

(b) serve fixed combustion appliances (including incinerators) in a building used wholly or mainly as a private dwelling,

but does not apply to buried systems.

[F375PART K PROTECTION FROM FALLING, COLLISION AND IMPACT

Stairs, ladders and ramps

K1. Stairs, ladders and ramps shall be so designed, constructed and installed as to be safe for people moving between different levels in or about the building.

Requirement K1 applies only to stairs, ladders and ramps which form part of the building.

Protection from falling

K2. (a) Any stairs, ramps, floors and balconies and any roof to which people have access, and

(b) any light well, basement area or similar sunken area connected to a building,

shall be provided with barriers where it is necessary to protect people in or about the building from falling.

Requirement K2(a) applies only to stairs and ramps which form part of the building.

Vehicle barriers and loading bays

K3.—(1) Vehicle ramps and any levels in a building to which vehicles have access, shall be provided with barriers where it is necessary to protect people in or about the building.

(2) Vehicle loading bays shall be constructed in such a way, or be provided with such features as may be necessary to protect people in them from collision with vehicles.

Protection from collision with open windows etc

K4. Provision shall be made to prevent people moving in or about the building from colliding with open windows, skylights or ventilators.

Requirement K4 does not apply to dwellings.

Protection against impact from and trapping by doors

K5.—(1) Provision shall be made to prevent any door or gate—

(a) which slides or opens upwards, from falling onto any person; and

(b) which is powered, from trapping any person.

(2) Provision shall be made to ensure a clear view of the space on either side of a swing door or gate.

Requirement K5 does not apply to—

(a) dwellings, or

(b) any door or gate which is part of a lift.]

Textual Amendments

[F376PART K PROTECTION FROM FALLING, COLLISION AND IMPACT

Stairs, ladders and ramps

K1. Stairs, ladders and ramps shall be so designed, constructed and installed as to be safe for people moving between different levels in or about the building.

Requirement K1 applies only to stairs, ladders and ramps which form part of the building.

Protection from falling

K2. The following shall be provided with barriers where it is necessary to protect people in or about the building from falling—

(a) any stairs, ramps, floors and balconies and any roof to which people have access, and

(b) any light well, basement area or similar sunken area connected to a building.

Requirement K2(a) applies only to stairs and ramps which form part of the building.

Vehicle barriers and loading bays

K3.—(1) Vehicle ramps and any levels in a building to which vehicles have access, shall be provided with barriers where it is necessary to protect people in or about the building.

(2) Vehicle loading bays shall be constructed in such a way, or to be provided with such features, as may be necessary to protect people in them from collision with vehicles.

Protection against impact with glazing

K4. Glazing, with which people are likely to come into contact while moving in or about the building, shall—

(a) if broken on impact, break in a way which is unlikely to cause injury; or

(b) resist impact without breaking; or

(c) be shielded or protected from impact.

Protection from collision with open windows etc.
K5.1. Provision shall be made to prevent people from moving in or about the building from colliding with open windows, skylights or ventilators.

Requirement K5.1 does not apply to dwellings.

Manifestation of glazing
K5.2. Transparent glazing with which people are likely to come into contact while moving in and about the building, shall incorporate features which make it apparent.

Requirement K5.2 does not apply to dwellings.

Safe opening and closing of windows etc.
K5.3. Windows, skylights and ventilators which can be opened by people in or about the building shall be so constructed or equipped that they may be opened, closed or adjusted safely.

Requirement K5.3 does not apply to dwellings.

Safe access for cleaning windows etc.
K5.4. Provision shall be made for any windows, skylights or translucent walls, ceilings or roofs to be safely accessible for cleaning.

Requirement K5(4) does not apply to—

(a) dwellings, or

(b) any door or gate which is part of a lift.

Protection against impact from trapping by doors

K6.—(1) Provision shall be made to prevent any door or gate—

(a) which slides or opens upwards, from falling onto any person; and

(b) which is powered, from trapping any person.

(2) Provision shall be made for powered doors and gates to be opened in the event of a power failure.

(3) Provision shall be made to ensure a clear view of the space on either side of a swing door or gate.

Requirement K5(4) does not apply to—

(a) dwellings, or

(b) any door or gate which is part of a lift.]

Textual Amendments

F376Sch. 1 Pt. K substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), Sch. 1, Sch. 2 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

PART L CONSERVATION OF FUEL AND POWER

Conservation of fuel and power

L1. Reasonable provision shall be made for the conservation of fuel and power in buildings by—

(a) limiting heat gains and loses—

(i) through thermal elements and other parts of the building fabric; and

(ii) from pipes, ducts and vessels used for space heating, space cooling and hot water services;

(b) providing fixed building services which—

(i) are energy efficient [F377to a reasonable standard];

(ii) have effective controls; and

(iii) are commissioned by testing and adjusting as necessary to ensure they use no more fuel and power than is reasonable in the circumstances.

F378[F379On-site generation of electricity

L2

Where a system for on-site electricity generation is installed—

(a) reasonable provision must be made to ensure that—

(i) the system and its electrical output are appropriately sized for the site and available infrastructure;

(ii) the system has effective controls; and

(b) it must be commissioned by testing and adjusting as necessary to ensure that it produces the maximum electricity that is reasonable in the circumstances.]

F380. . .

Textual Amendments

[F381PART M ACCESS TO AND USE OF BUILDINGS

Access and use

M1. Reasonable provision shall be made for people to—

(a) gain access to, and

(b) use the building and its facilities.

The requirements of this Part do not apply to—

(a) an extension of or material alteration of a dwelling; or

(b) any part of a building which is used solely to enable the building or any service or fitting in the building to be inspected, repaired or maintained.

Access to extensions to buildings other than dwellings

M2. Suitable independent access shall be provided to the extension where reasonably practicable.

Requirement M2 does not apply where suitable access to the extension is provided through the building that is extended.

Sanitary conveniences in extensions to buildings other than dwellings

M3. If sanitary conveniences are provided in any building that is to be extended, reasonable provision shall be made within the extension for sanitary conveniences

Requirement M3 does not apply where there is reasonable provision for sanitary conveniences elsewhere in the building, such that people occupied in, or otherwise having occasion to enter the extension, can gain access to and use those sanitary conveniences.

Sanitary conveniences in dwellings

M4.—(1) Reasonable provision shall be made in the entrance storey for sanitary conveniences, or where the entrance storey contains no habitable rooms, reasonable provision for sanitary conveniences shall be made in either the entrance storey or principal storey.

(2) In this paragraph “entrance storey” means the storey which contains the principal entrance and “principal storey” means the storey nearest to the entrance storey which contains a habitable room, or if there are two such storeys equally near, either such storey.]

Textual Amendments

[F382PART M ACCESS TO AND USE OF BUILDINGS

Access to and use of buildings other than dwellings

M1. Reasonable provision must be made for people to—

(a) gain access to; and

(b) use, the building and its facilities.

Requirement M1 does not apply to

any part of a building that is used solely to enable the building or any service or fitting in the building to be inspected, repaired or maintained.

Access to extensions to buildings other than dwellings

M2. Suitable independent access must be provided to the extension where reasonably practicable.

Requirement M2 does not apply where suitable access to the extension is provided through the building that is extended.

Sanitary conveniences in extensions to buildings other than dwellings

M3. If sanitary conveniences are provided in any building that is to be extended, reasonable provision shall be made within the extension for sanitary conveniences.

Requirement M3 does not apply where there is reasonable provision for sanitary conveniences elsewhere in the building, such that people occupied in, or otherwise having occasion to enter the extension, can gain access to and use those sanitary conveniences.

Access to and use of dwellings

Category 1- visitable dwelling

M4(1). Reasonable provision must be made for people to—

(a) gain access to; and

(b) use, the dwelling and its facilities

Category 2- accessible and adaptable dwellings

M4(2) optional requirement

(1) Reasonable provision must be made for people to—

(a) gain access to; and

(b) use, the dwelling and its facilities.

(2) The provision made must be sufficient to—

(a) meet the needs of occupants with differing needs, including some older or disabled people; and

(b) to allow adaptation of the dwelling to meet the changing needs of occupants over time.

Category 3- wheelchair user dwellings

M4(3) optional requirement

(1) Reasonable provision must be made for people to—

(a) gain access to; and

(b) use, the dwelling and its facilities.

(2) The provision made must be sufficient to—

(a) allow simple adaptation of the dwelling to meet the needs of occupants who use wheelchairs; or

(b) meet the needs of occupants who use wheelchairs.

Requirement M4(1) does not apply to:

(a) an extension to a dwelling; or

(b) any part of a building that is used solely to enable the building or any service or fitting in the building to be inspected, repaired or maintained.

Optional requirement M4(2)—

(a) may apply only in relation to a dwelling that is erected;

(b) will apply in substitution for requirement M4(1);

(c) does not apply where optional requirement M4(3) applies;

(d) does not apply to any part of a building that is used solely to enable the building or any service or fitting in the building to be inspected, repaired or maintained.

Optional requirement M4(3)—

(a) may apply only in relation to a dwelling that is erected;

(b) will apply in substitution for requirement M4(1);

(c) does not apply where optional requirement M4(2) applies;

(d) does not apply to any part of a building that is used solely to enable the building or any service or fitting in the building to be inspected, repaired or maintained.

Optional requirement M4(3)(2)(b) applies only where the planning permission under which the building work is carried out specifies that it shall be complied with.]

Textual Amendments

F382Sch. 1 Pt. M substituted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(11)(b) (with regs. 1(3), 4) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F383[F384PART N GLAZING—SAFETY IN RELATION TO IMPACT, OPENING AND CLEANING

Protection against impact

N1. Glazing, with which people are likely to come into contact whilst moving in or about the building shall—

(a) if broken on impact, break in a way which is unlikely to cause injury; or

(b) resist impact without breaking; or

(c) be shielded or protected from impact.

Manifestation of glazing

N2. Transparent glazing, with which people are likely to come into contact while moving in or about the building, shall incorporate features which make it apparent.

Requirement N2 does not apply to dwellings.

Safe opening and closing of windows etc

N3. Windows, skylights and ventilators which can be opened by people in or about the building shall be so constructed or quipped that they may be opened, closed or adjusted safely.

Requirement N3 does not apply to dwellings.

Safe access for cleaning windows etc

N4. Provision shall be made for any windows, skylights, or ay transparent or translucent walls, ceilings or roofs to be safely accessible for cleaning.

Requirement N4 does not apply to—

(a) dwellings; or

(b) any transparent or translucent elements whose surfaces are not intended to be cleaned.]

Textual Amendments

F384Sch. 1 Pt. N omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 27(b), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

[F385PART O OVERHEATING

Overheating mitigation

O1

(1) Reasonable provision must be made in respect of a dwelling, institution or any other building containing one or more rooms for residential purposes, other than a room in a hotel (“residences”) to—

(a) limit unwanted solar gains in summer;

(b) provide an adequate means to remove heat from the indoor environment.

(2) In meeting the obligations in paragraph (1)—

(a) account must be taken of the safety of any occupant, and their reasonable enjoyment of the residence; and

(b) mechanical cooling may only be used where insufficient heat is capable of being removed from the indoor environment without it.]

Textual Amendments

[F386PART O OVERHEATING

Overheating Mitigation

O1.—(1) Reasonable provision must be made to—

(a) limit unwanted solar gains in summer;

(b) provide an adequate means to remove heat from the indoor environment.

(2) In meeting the obligations in sub-paragraph (1)—

(a) account must be taken of the safety of any occupant, and their reasonable enjoyment of the building; and

(b) mechanical cooling may only be used where insufficient heat is capable of being removed from the indoor environment without it.

Requirement O1 applies only to the erection of the following buildings—

(a) a dwelling;

(b) an institution; or

(c) any other building containing one or more rooms for residential purposes (other than a room in a hotel).]

Textual Amendments

PART P ELECTRICAL SAFETY

Design and installation

P1. Reasonable provision shall be made in the design and installation of electrical installations in order to protect persons operating, maintaining or altering the installations from fire or injury.

The requirements of this Part apply only to electrical installations that are intended to operate at low or extra-low voltage and are—

(a) in or attached to a dwelling;

(b) in the common parts of a building serving one or more dwellings, but excluding power supplies to lifts;

(c) in a building that receives its electricity from a source located within or shared with a dwelling; or

(d) in a garden or in or on land associated with a building where the electricity is from a source located within or shared with a dwelling.

F387[F388PART Q SECURITY

Unauthorised access

Q1

Reasonable provision must be made to [F387deter and] resist unauthorised access to—

(a) any dwelling; and

(b) any part of a building from which access can be gained to a flat within the building.

Requirement Q1 applies only in relation to new dwellings.[F387Requirement Q1 applies only when a dwelling is erected.]

Textual Amendments

F387 Sch. 1 Pt. Q omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 13(e) (with reg. 29)

Sch. 1 Pt. Q inserted (with additional words in column 1 and a different limit on application in column 2) (W.) (1.11.2018) by The Building (Amendment) (Wales) Regulations 2018 (S.I. 2018/552), regs. 1(3), 5 (with reg. 6)

F388Sch. 1 Pt. Q added (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(11)(c) (with regs. 1(3), 5) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F389[F390Part R [F391PHYSICAL INFRASTRUCTURE FOR HIGH SPEED ELECTRONIC COMMUNICATIONS NETWORKS] [F391INFRASTRUCTURE FOR ELECTRONIC COMMUNICATIONS]

[F392Gigabit-ready physical infrastructure

RA1.—(1) Building work must be carried out so as to ensure that each dwelling is equipped with gigabit-ready physical infrastructure that extends from a network termination point for gigabit-capable public electronic communications networks and reaches—

(a) a distribution point, or

(b) where the person carrying out the building work (“the developer”) has no right to install gigabit-ready physical infrastructure in land in which it would have to be installed if it were to reach a distribution point, as close as is reasonably practicable to a distribution point, or

(c) where the developer has no such right and requirement RA2 is excluded or modified by regulation 44ZC, and would be so excluded or modified even if the gigabit-ready physical infrastructure were required to reach as close as is reasonably practicable to a distribution point—

(i) as close as is reasonably practicable to a location at which a distribution point is likely to be installed within the relevant 2-year period (a “likely future location”), or

(ii) where there is no likely future location that is closer to the building than the closest distribution point already installed, an access point for gigabit-capable public electronic communications networks, or

(d) where the developer has no right to install gigabit-ready physical infrastructure in land beyond the building, an access point for gigabit-capable public electronic communications networks.

(2) Where the work concerns a building containing more than one dwelling, the work must be carried out so as to ensure that the building is equipped in addition with a common access point for gigabit-capable public electronic communications networks.

(3) In this paragraph—

“distribution point” means a distribution point for a gigabit-capable public electronic communications network;

“the relevant 2-year period” means the period of 2 years beginning with the earlier of the following—

(a) the day on which a building notice, initial notice or public body’s notice relating to work to which this paragraph applies is given;

(b) the day on which [F393an application for building control approval with full plans relating to building work to which this paragraph applies is given].

Requirements RA1 and RA2 apply to the erection of a dwelling or of a building that contains one or more dwellings.

Connection to gigabit-capable network

RA2. Each dwelling must in addition be provided with a connection to a gigabit-capable public electronic communications network.]

[F394In-building physical infrastructure] [F394High-speed ready in-building physical infrastructure]

R1

(1) Building work must be carried out so as to ensure that the building is equipped with a high-speed ready in-building physical infrastructure, up to a network termination point for high-speed electronic communications networks.

(2) Where the work concerns a building containing more than one dwelling, the work must be carried out so as ensure that the building is equipped in addition with a common access point for high-speed electronic communications networks.

Requirement R1 applies [F395, other than building work to which paragraph RA1 applies,] to building work that consists of—

(a) the erection of a building; or

(b) major renovation works to a building.]]

Textual Amendments

F389Sch. 1 Pt. R inserted (E., but only in relation to excepted energy buildings in W.) (9.5.2016) by The Building (Amendment) Regulations 2016 (S.I. 2016/490), regs. 1(4), 2(6) (with regs. 1(3), 3)

[F396Part S Infrastructure for the Charging of Electric Vehicles

The erection of new residential buildings

S1

(1) A new residential building with associated parking must have access to electric vehicle charge points as provided for in paragraph (2).

(2) The number of associated parking spaces which have access to electric vehicle charge points must be—

(a) the total number of associated parking spaces, where there are fewer associated parking spaces than there are dwellings contained in the residential building; or

(b) the number of associated parking spaces that is equal to the total number of dwellings contained in the residential building, where there are the same number of associated parking spaces as, or more associated parking spaces than, there are dwellings.

(3) Cable routes for electric vehicle charge points must be installed in any associated parking spaces which do not, in accordance with paragraph (2), have an electric vehicle charge point where—

(a) a new residential building has more than 10 associated parking spaces; and

(b) there are more associated parking spaces than there are dwellings contained in the residential building.

Dwellings resulting from a material change of use

S2

Where one or more dwellings with associated parking result from a building, or a part of a building, undergoing a material change of use at least one associated parking space for the use of each such dwelling must have access to an electric vehicle charge point.

Residential buildings undergoing major renovation

S3

Where a residential building undergoing major renovation will have more than 10 associated parking spaces after the major renovation is completed—

(a) at least one associated parking space for the use of each dwelling must have access to an electric vehicle charge point;

(b) cable routes for electric vehicle charge points must be installed in all additional associated parking spaces.

Erection of new buildings which are not residential buildings or mixed-use buildings

S4

Where a new building which is not a residential building or a mixed-use building has more than 10 parking spaces—

(a) one of those parking spaces must have access to one electric vehicle charge point; and

(b) cable routes for electric vehicle charge points must be installed in a minimum of one fifth of the total number of remaining parking spaces.

Buildings undergoing major renovation which are not residential buildings or mixed-use buildings

S5

Where a building undergoing major renovation, which is not a residential building or a mixed-use building, will have more than 10 parking spaces after the major renovation is completed—

(a) one of those parking spaces must have access to one electric vehicle charge point; and

(b) cable routes for electric vehicle charge points must be installed in a minimum of one fifth of the total number of remaining parking spaces.

The erection of new mixed-use buildings and mixed-use buildings undergoing major renovation

S6

(1) The requirements of paragraph S1 apply in respect of the part of the new mixed-use building that contains one or more dwellings and the associated parking spaces that are assigned to those dwellings.

(2) The requirements of paragraph S3 apply in respect of the part of the mixed-use building that is undergoing major renovation that contains one or more dwellings and the associated parking spaces that are assigned to those dwellings.

(3) The requirements of paragraph S4 apply in respect of the part of the new mixed-use building that contains one or more new premises that are not dwellings and the parking spaces that are assigned to those premises.

(4) The requirements of paragraph S5 apply in respect of the part of the mixed-use building that is undergoing major renovation that contains one or more premises that are not dwellings and the parking spaces that are assigned to those premises.]

Textual Amendments

Regulation 9

SCHEDULE 2E+WExempt Buildings and Work

CLASS 1E+W

Buildings controlled under other legislationE+W

[F3971.—(1) Any building in which explosives are manufactured or stored under a licence granted under the Explosives Regulations 2014 where—

(a)the whole building is used for that manufacture or storage, and either

(b)a minimum separation distance of greater than 0 metres is prescribed by virtue of regulation 27(1) of, and Schedule 5 to, those Regulations; or

(c)a minimum separation distance of 0 metres is prescribed by virtue of the provisions referred to in paragraph (b) and the assent of the local authority was required by regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations.

(2) Where only a part of a building is used for the manufacture or storage of explosives under a licence granted under the Explosives Regulations 2014 and —

(a)a minimum separation distance of greater than 0 metres is prescribed by virtue of regulation 27(1) of, and Schedule 5 to, those Regulations; or

(b)a minimum separation distance of 0 metres is prescribed by virtue of the provisions referred to in paragraph (a) and the assent of the local authority was required by regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations,

that part of the building where the licence specifies that that manufacture or storage may take place.]

Textual Amendments

F397Sch. 2 Class 1 para. 1 substituted (1.10.2014) by The Explosives Regulations 2014 (S.I. 2014/1638), reg. 1(1), Sch. 13 para. 24

2.  Any building (other than a building containing a dwelling or a building used for office or canteen accommodation) erected on a site in respect of which a licence under the Nuclear Installations Act 1965 M37 is for the time being in force.E+W

Marginal Citations

3.  A building included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979 M38.E+W

Marginal Citations

M381979 c.46; section 1 was amended by Schedule 4 to the National Heritage Act 1983 (c.47).

CLASS 2E+W

Buildings not frequented by peopleE+W

1.  Subject to paragraph 2, a detached building—

(a)into which people do not normally go; or

(b)into which people go only intermittently and then only for the purpose of inspecting or maintaining fixed plant or machinery.

2.  The description of buildings in paragraph 1 does not include a building where any point of the building is less than one and a half times its height from—E+W

(a)any point of a building into which people can or do normally go; or

(b)the nearest point of the boundary of the curtilage of that building,

whichever is the nearer.

CLASS 3E+W

Greenhouses and agricultural buildingsE+W

1.  Subject to paragraph 3, a greenhouse.

2.  A building used, subject to paragraph 3, for agriculture, or a building principally for the keeping of animals, provided in each case that—E+W

(a)no part of the building is used as a dwelling;

(b)no point of the building is less than one and a half times its height from any point of a building which contains sleeping accommodation; and

(c)the building is provided with a fire exit which is not more than 30 metres from any point in the building.

3.  The descriptions of buildings in paragraphs 1 and 2 do not include a greenhouse or a building used for agriculture if the principal purpose for which they are used is retailing, packing or exhibiting.E+W

4.  In paragraph 2, “agriculture” includes horticulture, fruit growing, the growing of plants for seed and fish farming.E+W

CLASS 4E+W

Temporary buildingsE+W

A building which is not intended to remain where it is erected for more than 28 days.

CLASS 5E+W

Ancillary buildingsE+W

1.  A building on a site, being a building which is intended to be used only in connection with the disposal of buildings or building plots on that site.

2.  A building on the site of construction or civil engineering works, which is intended to be used only during the course of those works and contains no sleeping accommodation.E+W

3.  A building, other than a building containing a dwelling or used as an office or showroom, erected for use on the site of and in connection with a mine or quarry.E+W

CLASS 6E+W

Small detached buildingsE+W

1.  A detached single storey building, having a floor area which does not exceed 30m2, which contains no sleeping accommodation and is a building—

(a)no point of which is less than one metre from the boundary of its curtilage; or

(b)which is constructed substantially of non-combustible material.

2.  A detached building designed and intended to shelter people from the effects of nuclear, chemical or conventional weapons, and not used for any other purpose, if—E+W

(a)its floor area does not exceed 30m2; and

(b)the excavation for the building is no closer to any exposed part of another building or structure than a distance equal to the depth of the excavation plus one metre.

3.  A detached building, having a floor area which does not exceed 15m2, which contains no sleeping accommodation.E+W

CLASS 7E+W

ExtensionsE+W

The extension of a building by the addition at ground level of—

(a)a conservatory, porch, covered yard or covered way; or

(b)a carport open on at least two sides;

where the floor area of that extension does not exceed 30m2, provided that in the case of a conservatory or porch which is wholly or partly glazed, the glazing satisfies the requirements of F398[F399Part K4, K5.1, K5.2, K5.3, and K5.4] [F398Part N] of Schedule 1.

Textual Amendments

F398Words in Sch. 2 Class 7 substituted (W. in relation to excepted energy buildings) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 14 (with reg. 29)

F399Words in Sch. 2 Class 7 substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 28, Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Regulations 12(6)(a) and 20(1)

SCHEDULE 3E+WSelf-certification Schemes and Exemptions from Requirement to Give Building Notice or [F400Deposit Full Plans] [F400an application for building control approval with full plans]

Textual Amendments

F401[F402Column 1

Type of Work

Column 2

Person carrying out work

1. Installation of a heat-producing gas appliance. This paragraph does not apply to the provision of a masonry chimney.A person, or an employee of a person, who is a member of a class of persons approved in accordance with regulation 3 of the Gas Safety (Installation and Use) Regulations 1998.

2. Installation of—

(a) an oil-fired combustion appliance; or

(b) oil storage tanks and the pipes connecting them to combustion appliances. This paragraph does not apply to the provision of a masonry chimney.

A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, Blue Flame Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, F403F401... F404[F405or] NAPIT Registration Limited, Oil Firing Technical Association Limited, F406F407....
3. Installation of a solid fuel-burning combustion appliance other than a biomass appliance. This paragraph does not apply to the provision of a masonry chimney.A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited, NAPIT Registration Limited F408[F409or] Oil Firing Technical Association Limited, F406F407....
4. Installation of a heating or hot water system, or its associated controls.A person, or an employee of a person, who is a member of a class of persons approved in accordance with regulation 3 of the Gas Safety (Installation and Use) Regulations 1998, or a person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, F410F411... Blue Flame Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited, NAPIT Registration Limited F412[F413or] Oil Firing Technical Association Limited, F406F407....
5. Installation of a mechanical ventilation or air conditioning system or associated controls, in a building other than a dwelling, that does not involve work on a system shared with parts of the building occupied separately.A person registered in respect of that type of work by Blue Flame Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP F414[F415or] NAPIT Registration Limited, F406F407....
6. Installation of an air conditioning or ventilation system in a dwelling, that does not involve work on a system shared with other dwellings.A person registered in respect of that type of work by Blue Flame Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP F416[F417or] NAPIT Registration Limited, F406F407....
7. Installation of an energy efficient lighting system or electric heating system, or associated electrical controls, in buildings other than dwellings.A person registered in respect of that type of work by Blue Flame Certification Limited F418F419..., Certsure LLP F420[F421or] NAPIT Registration Limited, F406F407....
8. Installation of fixed low or extra-low voltage electrical installations in dwellings.A person registered in respect of that type of work by F422F423... F424F411... Blue Flame Certification Limited F418F419..., Certsure LLP, NAPIT Registration Limited F425[F426or] Oil Firing Technical Association Limited, F406F407....
9. Installation of fixed low or extra-low voltage electrical installations in dwellings, as a necessary adjunct to or arising out of other work being carried out by the registered person.A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, F427F411... Blue Flame Certification Limited F418F419..., Certsure LLP F428[F429or] NAPIT Registration Limited, F406F407....
10. Installation, as a replacement, of a window, rooflight, roof window or door in an existing dwelling.A person registered in respect of that type of work by F430[F431Assure Certification Limited,] F432F430... F422F433... Blue Flame Certification Limited, CERTASS Limited, Certsure LLP, by Fensa Limited under the Fenestration Self-Assessment Scheme F434[F435or] by NAPIT Registration Limited F436F437..., F406F407....
11. Installation, as a replacement, of a window, rooflight, roof window or door in an existing building other than a dwelling. This paragraph does not apply to glass which is load bearing or structural or which forms part of glazed curtain walling or a revolving door.A person registered in respect of that type of work by F430[F438Assure Certification Limited,] F439F430... Blue Flame Certification Limited, CERTASS Limited, Certsure LLP, by Fensa Limited under the Fenestration Self-Assessment Scheme F440[F441or] by NAPIT Registration Limited F442F437..., F406F407....
12. Installation of a sanitary convenience, sink, washbasin, bidet, fixed bath, shower or bathroom in a dwelling, that does not involve work on shared or underground drainage.A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, F443F411... Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited F444[F445or] NAPIT Registration Limited, F406F407....
13. Installation of a wholesome cold water supply or a softened wholesome cold water supply.A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, F446F411... Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited F447[F448or] NAPIT Registration Limited, F406F407....
14. Installation of a supply of non-wholesome water to a sanitary convenience fitted with a flushing device, that does not involve work on shared or underground drainage.A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, F449F411... Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited F450[F451or] NAPIT Registration Limited, F406F407....

15. Installation in a building of a system to produce electricity, heat or cooling—

(a) by microgeneration; or

(b) from renewable sources (as defined in Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources).

A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, F452F411... Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited, NAPIT Registration Limited F453[F454or] Oil Firing Technical Association Limited, F406F407....
16. Installation, as a replacement, of the covering of a pitched or flat roof and work carried out by the registered person as a necessary adjunct to that installation. This paragraph does not apply to the installation of solar panels.A person registered in respect of that type of work by NAPIT Registration Limited or the National Federation of Roofing Contractors Limited.
17. Insertion of insulating material into the cavity walls of an existing building.A person registered in respect of that type of work by Blue Flame Certification Limited, CERTASS Limited, [F401The] F455[F456Insulation Assurance Authority Limited] F457F401... under the Cavity Wall Insulation Self Certification Scheme, by Certsure LLP F458[F459or] NAPIT Registration Limited, F406F407....
18. Installation of insulating material to the internal walls of a building, not including the installation of flexible thermal linings.A person registered in respect of that type of work by Blue Flame Certification Limited, British Board of Agrément, CERTASS Limited, Certsure LLP F460[F461or] NAPIT Registration Limited, F406F407....
19. Installation of insulating material to the external walls of a building, not including insulation of demountable-clad buildings.A person registered in respect of that type of work by Blue Flame Certification Limited, British Board of Agrément, CERTASS Limited, Certsure LLP F462[F463or] NAPIT Registration Limited, F406F407....
20. Installation of insulating material to the external and internal walls of a building (“hybrid insulation”), not including insulation of demountable-clad buildings, and not including the installation of flexible thermal linings.A person registered in respect of that type of work by Blue Flame Certification Limited, British Board of Agrément, CERTASS Limited, Certsure LLP F464[F465or] NAPIT Registration Limited F406F407....]

Textual Amendments

F401Sch. 3 Table substituted (except for the reference to "HETAS Limited" in column 2 of para. 2) (with minor differences in punctuation and a reference to "The Cavity Insulation Guarantee Agency" rather than "Cavity Insulation Guarantee Agency Limited" in column 2 of para. 17) (W. for remaining purposes) (31.7.2015) by The Building (Amendment) (Wales) Regulations 2015 (S.I. 2015/1486), regs. 1(3)(a), 3, Sch. (with reg. 1(2))

F402Sch. 3 Table substituted (E., but only in relation to excepted energy buildings in W.) (18.4.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), reg. 1(4)(a), Sch. 1 (with reg. 1(3))

F403Words in Sch. 3 para. 2 omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(19)(a) (with reg. 1(3))

F404Word in Sch. 3 para. 2 substituted for comma (W.) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 17(2)(c) (with reg. 21)

F406Words in Sch. 3 paras. 2-15, 17-20 omitted (W.) (23.11.2022) by virtue of The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 17(2)(b) (with reg. 21)

F407Words in Sch. 3 paras. 2-15, 17-20 omitted (E.) (15.6.2022) by virtue of The Building Regulations etc. (Amendment) (England) Regulations 2021 (S.I. 2021/1391), regs. 1(1), 12(2)(b) (with reg. 1(2))

F408Word in Sch. 3 para. 3 substituted for comma (W.) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 17(2)(d) (with reg. 21)

F410Words in Sch. 3 para. 4 omitted (W. for remaining purposes) (15.1.2018) by virtue of The Building (Amendment) (Wales) Regulations 2017 (S.I. 2017/1274), regs. 1(2)(a), 2(3)(a) (with reg. 1(3))

F411Words in Sch. 3 omitted (E., but only in relation to excepted energy buildings in W.) (1.10.2017) by virtue of The Building (Amendment) Regulations 2017 (S.I. 2017/856), regs. 1(2)(a), 2(a) (with reg. 1(2))

F412Word in Sch. 3 para. 4 substituted for comma (W.) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 17(2)(e) (with reg. 21)

F414Word in Sch. 3 para. 5 substituted for comma (W.) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 17(2)(f) (with reg. 21)

F416Word in Sch. 3 para. 6 substituted for comma (W.) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 17(2)(g) (with reg. 21)

F418Words in Sch. 3 paras. 7-9 omitted (W.) (23.11.2022) by virtue of The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 17(2)(a) (with reg. 21)

F420Word in Sch. 3 para. 7 substituted for comma (W.) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 17(2)(h) (with reg. 21)

F422Words in Sch. 3 paras. 8, 10 omitted (W. for remaining purposes) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(22) (with reg. 1(3))

F423Words in Sch. 3 para. 8 omitted (E., but only in relation to excepted energy buildings in W.) (1.5.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(5), 2(19)(b) (with reg. 1(3))

F424Words in Sch. 3 para. 8 omitted (W. for remaining purposes) (15.1.2018) by virtue of The Building (Amendment) (Wales) Regulations 2017 (S.I. 2017/1274), regs. 1(2)(a), 2(3)(a) (with reg. 1(3))

F425Word in Sch. 3 para. 8 substituted for comma (W.) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 17(2)(i) (with reg. 21)

F427Words in Sch. 3 para. 9 omitted (W. for remaining purposes) (15.1.2018) by virtue of The Building (Amendment) (Wales) Regulations 2017 (S.I. 2017/1274), regs. 1(2)(a), 2(3)(a) (with reg. 1(3))

F428Word in Sch. 3 para. 9 substituted for comma (W.) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 17(2)(j) (with reg. 21)

F430Words in Sch. 3 substituted (E., but only in relation to excepted energy buildings in W.) (28.2.2018) by The Building (Amendment) Regulations 2017 (S.I. 2017/856), regs. 1(2)(b), 2(b) (with reg. 1(2))

F431Words in Sch. 3 para. 10 inserted (W. but do not apply in relation to excepted energy buildings) (15.1.2018) by The Building (Amendment) (Wales) Regulations 2017 (S.I. 2017/1274), regs. 1(2)(a), 2(3)(b)(i) (with reg. 1(3))

F432Words in Sch. 3 para. 10 omitted (W. but not in relation to excepted energy buildings) (28.2.2018) by virtue of The Building (Amendment) (Wales) Regulations 2017 (S.I. 2017/1274), regs. 1(2)(b), 2(3)(b)(ii) (with reg. 1(3))

F433Words in Sch. 3 para. 10 omitted (E., but only in relation to excepted energy buildings in W.) (1.5.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(5), 2(19)(b) (with reg. 1(3))

F434Word in Sch. 3 para. 10 substituted for comma (W.) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 17(2)(k) (with reg. 21)

F435Word in Sch. 3 para. 10 substituted for comma (E.) (15.6.2022) by The Building Regulations etc. (Amendment) (England) Regulations 2021 (S.I. 2021/1391), regs. 1(1), 12(2)(k) (with reg. 1(2))

F436Words in Sch. 3 para. 10 omitted (W. for remaining purposes) (15.1.2018) by virtue of The Building (Amendment) (Wales) Regulations 2017 (S.I. 2017/1274), regs. 1(2)(a), 2(3)(b)(iii) (with reg. 1(3))

F437Words in Sch. 3 omitted (E., but only in relation to excepted energy buildings in W.) (1.10.2017) by virtue of The Building (Amendment) Regulations 2017 (S.I. 2017/856), regs. 1(2)(a), 2(c) (with reg. 1(2))

F438Words in Sch. 3 para. 11 inserted (W. but not in relation to excepted energy buildings) (15.1.2018) by The Building (Amendment) (Wales) Regulations 2017 (S.I. 2017/1274), regs. 1(2)(a), 2(3)(b)(i) (with reg. 1(3))

F439Words in Sch. 3 para. 11 omitted (W. but not in relation to excepted energy buildings) (28.2.2018) by virtue of The Building (Amendment) (Wales) Regulations 2017 (S.I. 2017/1274), regs. 1(2)(b), 2(3)(b)(ii) (with reg. 1(3))

F440Word in Sch. 3 para. 11 substituted for comma (W.) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 17(2)(l) (with reg. 21)

F441Word in Sch. 3 para. 11 substituted for comma (E.) (15.6.2022) by The Building Regulations etc. (Amendment) (England) Regulations 2021 (S.I. 2021/1391), regs. 1(1), 12(2)(l) (with reg. 1(2))

F442Words in Sch. 3 para. 11 omitted (W. for remaining purposes) (W.) (15.1.2018) by virtue of The Building (Amendment) (Wales) Regulations 2017 (S.I. 2017/1274), regs. 1(2)(a), 2(3)(b)(iii) (with reg. 1(3))

F443Words in Sch. 3 para. 12 omitted (W. for remaining purposes) (15.1.2018) by virtue of The Building (Amendment) (Wales) Regulations 2017 (S.I. 2017/1274), regs. 1(2)(a), 2(3)(a) (with reg. 1(3))

F444Word in Sch. 3 para. 12 substituted for comma (W.) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 17(2)(m) (with reg. 21)

F445Word in Sch. 3 para. 12 substituted for comma (E.) (15.6.2022) by The Building Regulations etc. (Amendment) (England) Regulations 2021 (S.I. 2021/1391), regs. 1(1), 12(2)(m) (with reg. 1(2))

F446Words in Sch. 3 para. 13 omitted (W. for remaining purposes) (15.1.2018) by virtue of The Building (Amendment) (Wales) Regulations 2017 (S.I. 2017/1274), regs. 1(2)(a), 2(3)(a) (with reg. 1(3))

F447Word in Sch. 3 para. 13 substituted for comma (W.) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 17(2)(n) (with reg. 21)

F448Word in Sch. 3 para. 13 substituted for comma (E.) (15.6.2022) by The Building Regulations etc. (Amendment) (England) Regulations 2021 (S.I. 2021/1391), regs. 1(1), 12(2)(n) (with reg. 1(2))

F449Words in Sch. 3 para. 14 omitted (W. for remaining purposes) (15.1.2018) by virtue of The Building (Amendment) (Wales) Regulations 2017 (S.I. 2017/1274), regs. 1(2)(a), 2(3)(a) (with reg. 1(3))

F450Word in Sch. 3 para. 14 substituted for comma (W.) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 17(2)(o) (with reg. 21)

F451Word in Sch. 3 para. 14 substituted for comma (E.) (15.6.2022) by The Building Regulations etc. (Amendment) (England) Regulations 2021 (S.I. 2021/1391), regs. 1(1), 12(2)(o) (with reg. 1(2))

F452Words in Sch. 3 para. 15 omitted (W. for remaining purposes) (15.1.2018) by virtue of The Building (Amendment) (Wales) Regulations 2017 (S.I. 2017/1274), regs. 1(2)(a), 2(3)(a) (with reg. 1(3))

F453Word in Sch. 3 para. 15 substituted for comma (W.) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 17(2)(p) (with reg. 21)

F454Word in Sch. 3 para. 15 substituted for comma (E.) (15.6.2022) by The Building Regulations etc. (Amendment) (England) Regulations 2021 (S.I. 2021/1391), regs. 1(1), 12(2)(p) (with reg. 1(2))

F455Words in Sch. 3 para. 17 substituted (W.) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 17(2)(q)(i) (with reg. 21)

F457Word in Sch. 3 para. 17 omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(19)(c) (with reg. 1(3))

F458Word in Sch. 3 para. 17 substituted for comma (W.) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 17(2)(q)(ii) (with reg. 21)

F460Word in Sch. 3 para. 18 substituted for comma (W.) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 17(2)(r) (with reg. 21)

F461Word in Sch. 3 para. 18 substituted for comma (E.) (15.6.2022) by The Building Regulations etc. (Amendment) (England) Regulations 2021 (S.I. 2021/1391), regs. 1(1), 12(2)(r) (with reg. 1(2))

F462Word in Sch. 3 para. 19 substituted for comma (W.) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 17(2)(s) (with reg. 21)

F463Word in Sch. 3 para. 19 substituted for comma (E.) (15.6.2022) by The Building Regulations etc. (Amendment) (England) Regulations 2021 (S.I. 2021/1391), regs. 1(1), 12(2)(s) (with reg. 1(2))

F464Word in Sch. 3 para. 20 substituted for comma (W.) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 17(2)(t) (with reg. 21)

F465Word in Sch. 3 para. 20 substituted for comma (E.) (15.6.2022) by The Building Regulations etc. (Amendment) (England) Regulations 2021 (S.I. 2021/1391), regs. 1(1), 12(2)(t) (with reg. 1(2))

Regulations 12(6)(c)and 20A(1)

F466[F467SCHEDULE 3AE+WThird Party Certification Schemes and Exemptions from Requirement to Give Building Notice or [F468an application for building control approval with full plans]

Textual Amendments

F467Sch. 3A inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 2(10), Sch. Pt. 2 (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Column 1

Type of work

Column 2

Person inspecting work

Electrical installations in dwellings.A person registered in respect of that type of work by F469... NAPIT Registration Limited F470....]

Textual Amendments

F469Words in Sch. 3A omitted (E., but only in relation to excepted energy buildings in W.) (1.10.2014) by virtue of The Building (Amendment) Regulations 2014 (S.I. 2014/2362), regs. 1(4), 2(3) (with reg. 1(3))

Regulation 12(6)(b)

SCHEDULE 4E+WDescriptions of Work where no Building Notice or [F471Deposit of Full Plans] [F471an application for building control approval with full plans] Required

Textual Amendments

1.  Work consisting of—E

F472(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F472(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F472(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F472(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F472(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f)in relation to an existing fixed building service, which is not a fixed internal or external lighting system—

(i)replacing any part which is not a combustion appliance,

(ii)adding an output device, or

(iii)adding a control device,

where [F473testing] and adjustment of the work is not possible or would not affect the use by the fixed building service of no more fuel and power than is reasonable in the circumstances;

(g)providing a self-contained fixed building service, which is not a fixed internal or external lighting system, where—

(i)it is not a combustion appliance [F474(other than a fixed flueless gas cooker)],

(ii)any electrical work associated with its provision is exempt from the requirement to give a building notice or [F475an application for building control approval with full plans] by virtue of regulation 9 or [F47612(6A)],

(iii)testing and adjustment is not possible or would not affect its energy efficiency, and

(iv)in the case of a mechanical ventilation appliance, the appliance is not installed in a room containing an open-flued combustion appliance whose combustion products are discharged through a natural draught flue;

(h)replacing an external door (where the door together with its frame has not more than 50% of its internal face area glazed);

(i)in existing buildings other than dwellings, providing fixed internal lighting where no more than 100m2 of the floor area of the building is to be served by the lighting;

(j)replacing—

(i)a sanitary convenience with one that uses no more water than the one it replaces,

(ii)a washbasin, sink or bidet,

(iii)a fixed bath,

(iv)a shower,

(v)a rainwater gutter, or

(vi)a rainwater downpipe,

where the work does not include any work to underground drainage, and includes no work to the hot or cold water system or above ground drainage, which may prejudice the health or safety of any person on completion of the work;

(k)in relation to an existing cold water supply—

(i)replacing any part,

(ii)adding an output device, or

(iii)adding a control device;

(l)providing a hot water storage system that has a storage vessel with a capacity not exceeding 15 litres, where any electrical work associated with its provision is exempt from the requirement to give a building notice or [F477an application for building control approval with full plans] by virtue of regulation 9 or 12(6)(b);

(m)installation of thermal insulation in a roof space or loft space where—

(i)the work consists solely of the installation of such insulation, and

(ii)the work is not carried out in order to comply with any requirement of these Regulations.

Extent Information

E27This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F472Sch. 4 para. 1(a)-(e) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 32(a)(i), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F473Word in Sch. 4 para. 1(f) substituted (15.7.2011) by The Building (Amendment) Regulations 2011 (S.I. 2011/1515), regs. 1(2), 3(6)

F474Words in Sch. 4 para. 1(g)(i) added (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 2(11)(a) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F476Word in Sch. 4 para. 1(g)(ii) substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 2(11)(b) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

1.  Work consisting of—W

[F542(a)replacing any fixed electrical equipment which does not include the provision of—

(i)any new fixed cabling, or

(ii)a consumer unit;]

[F542(b)replacing a damaged cable for a single circuit only;]

[F542(c)re-fixing or replacing enclosures of existing installation components, where the circuit protective measures are unaffected;]

[F542(d)providing mechanical protection to an existing fixed installation, where the circuit protective measures and current carrying capacity of conductors are unaffected by the increased thermal insulation;]

[F542(e)installing or upgrading main or supplementary equipotential bonding;]

(f)in relation to an existing fixed building service, which is not a fixed internal or external lighting system—

(i)replacing any part which is not a combustion appliance,

(ii)adding an output device, or

(iii)adding a control device,

where [F543testing] and adjustment of the work is not possible or would not affect the use by the fixed building service of no more fuel and power than is reasonable in the circumstances;

(g)providing a self-contained fixed building service, which is not a fixed internal or external lighting system, where—

(i)it is not a combustion appliance F544...,

(ii)any electrical work associated with its provision is exempt from the requirement to give a building notice or to deposit full plans by virtue of regulation 9 or [F54512(6)(b)],

(iii)testing and adjustment is not possible or would not affect its energy efficiency, and

(iv)in the case of a mechanical ventilation appliance, the appliance is not installed in a room containing an open-flued combustion appliance whose combustion products are discharged through a natural draught flue;

(h)replacing an external door (where the door together with its frame has not more than 50% of its internal face area glazed);

(i)in existing buildings other than dwellings, providing fixed internal lighting where no more than 100m2 of the floor area of the building is to be served by the lighting;

(j)replacing—

(i)a sanitary convenience with one that uses no more water than the one it replaces,

(ii)a washbasin, sink or bidet,

(iii)a fixed bath,

(iv)a shower,

(v)a rainwater gutter, or

(vi)a rainwater downpipe,

where the work does not include any work to underground drainage, and includes no work to the hot or cold water system or above ground drainage, which may prejudice the health or safety of any person on completion of the work;

(k)in relation to an existing cold water supply—

(i)replacing any part,

(ii)adding an output device, or

(iii)adding a control device;

(l)providing a hot water storage system that has a storage vessel with a capacity not exceeding 15 litres, where any electrical work associated with its provision is exempt from the requirement to give a building notice or to deposit full plans by virtue of regulation 9 or 12(6)(b);

(m)installation of thermal insulation in a roof space or loft space where—

(i)the work consists solely of the installation of such insulation, and

(ii)the work is not carried out in order to comply with any requirement of these Regulations.

Extent Information

E54This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F543Word in Sch. 4 para. 1(f) substituted (15.7.2011) by The Building (Amendment) Regulations 2011 (S.I. 2011/1515), regs. 1(2), 3(6)

F478[F4792.  Work which—E+W

(a)is not in a kitchen, or a special location;

(b)does not involve work on a special installation; and

(c)consists of—

(i)adding light fittings and switches to an existing circuit, or

(ii)adding socket outlets and fused spurs to an existing ring or radial circuit.]

Textual Amendments

F478Sch. 4 para. 2 omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 32(a)(ii), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F480[F4793.  Work on—E+W

(a)telephone wiring or extra-low voltage wiring for the purposes of communications, information technology, signalling, control and similar purposes, where the wiring is not in a special location;

(b)equipment associated with the wiring referred to in sub-paragraph (a);

(c)pre-fabricated equipment sets and associated flexible leads with integral plug and socket connections.]

Textual Amendments

F480Sch. 4 para. 3 omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 32(a)(iii), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

[F4813A.  Installation of thermal insulation to suspended timber floors where the work—E+W

(a)consists of the installation of such insulation only; and

(b)the work is not carried out in order to comply with any requirements of these Regulations.]

Textual Amendments

F481Sch. 4 para. 3A inserted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 32(b), Sch. 1 (with regs. 1(3), 45-47)

Sch. 4 para. 3A inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 28 (with reg. 1(2)(3))

4.  For the purposes of this Schedule—E+W

F482[F483“kitchen” means a room or part of a room which contains a sink and food preparation facilities;]

“self-contained” in relation to a fixed building service means consisting of a single appliance and any associated controls which is neither connected to, nor forms part of, any other fixed building service;

[F482“special installation” means an electric floor or ceiling heating system, an outdoor lighting or electric power installation, an electricity generator, or an extra-low voltage lighting system which is not a pre-assembled lighting set bearing the CE marking referred to in [F484regulation 39 of the Electrical Equipment (Safety) Regulations 2016];]

[F482“special location” means a location within the limits of the relevant zones specified for a bath, a shower, a swimming or paddling pool or a hot air sauna in the Wiring Regulations, seventeenth edition, published by the Institution of Electrical Engineers and the British Standards Institution as BS 7671: 2008.]

Textual Amendments

F482Words in Sch. 4 para. 4 omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 32(a)(iv), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Regulation 29(4)(e)

F485F486SCHEDULE 4AE+WGreen deal information

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F485Sch. 4A omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(13) (with reg. 1(3))

Regulation 54(1)

SCHEDULE 5E+WRevocation of Regulations

Regulations revokedReferencesExtent of revocation
The Building Regulations 2000S.I. 2000/2531The whole Regulations.
The Building (Amendment) Regulations 2001S.I. 2001/3335Regulation 2, regulation 4 in so far as it relates to regulation 2 and the Schedule.
The Building (Amendment) Regulations 2002S.I. 2002/440Regulations 2 and 3 and the Schedule.
The Building (Amendment) (No. 2) Regulations 2002S.I. 2002/2871The whole Regulations.
The Building (Amendment) Regulations 2003S.I. 2003/2692The whole Regulations.
The Building and Building (Approved Inspectors etc.) (Amendment) Regulations 2003S.I. 2003/3133The whole Regulations.
The Building (Amendment) Regulations 2004S.I. 2004/1465The whole Regulations.
The Building (Amendment) (No. 3) Regulations 2004S.I. 2004/3210The whole Regulations.
The Building and Approved Inspectors (Amendment) Regulations 2006S.I. 2006/652The whole Regulations.
The Building and Approved Inspectors (Amendment) (No. 2) Regulations 2006S.I. 2006/3318The whole Regulations.
F487...F487...F487...
The Building and Approved Inspectors (Amendment) Regulations 2007S.I. 2007/3384The whole Regulations.
The Building (Amendment) Regulations 2008S.I. 2008/671The whole Regulations.
The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment No. 2) Regulations 2008S.I. 2008/2363Regulation 3.
The Building (Amendment) Regulations 2009S.I. 2009/466The whole Regulations.
The Building and Approved Inspectors (Amendment) Regulations 2009S.I. 2009/1219The whole Regulations.
The Building (Amendment No. 2) Regulations 2009S.I. 2009/2397The whole Regulations.
The Building and Approved Inspectors (Amendment No. 2) Regulations 2009S.I. 2009/2465The whole Regulations.
The Building and Approved Inspectors (Amendment) Regulations 2010S.I. 2010/719The whole Regulations.

Textual Amendments

Regulation 54(2)

SCHEDULE 6E+WConsequential Amendments

1.  In the Building (Local Authority Charges) Regulations 2010 M39—E+W

(a)in regulation 2, in the definition of “the Principal Regulations” for “2000” substitute “ 2010 ”;

(b)in regulation 5(1)(e) for “21” substitute “ 18 ”;

(c)in regulation 7(5)—

(i)in sub-paragraph (g) for “12(5) or 20B(4)” substitute “ 12(6) or 43(4) ”;

(ii)in sub-paragraph (h) for “20A(4)” substitute “ 41(4) ”;

(d)in regulation 8(1)(e) for “21” substitute “ 18 ”.

Marginal Citations

F4882.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

Textual Amendments

Explanatory Note

(This note is not part of the Regulations)

These Regulations revoke and replace the Building Regulations 2000 (S.I. 2000/2531) (“the 2000 Regulations”), and consolidate all subsequent amendments to those Regulations with minor amendments. The amendments include removing the requirement, where building work involves inserting insulation into a cavity wall, to submit along with a building notice a statement about the proposed insulating material. The Regulations also insert into Schedule 3 three new types of work that may be carried out under a self-certification scheme, and revise the list of bodies which are able to register persons for the purposes of self-certification. The three new types of work are the installation of cavity wall insulating material, replacement of roof coverings and installation of systems to produce electricity, heat or cooling by microgeneration or from renewable sources. The authorisation of this last category of work supports the implementation of article 14 of European Parliament and Council Directive 2009/28/EC on the promotion of the use of energy from renewable sources (OJ No. L140, 5.6.2009, p.16).

The Regulations impose requirements on people carrying out “building work” which is defined in regulation 3 as the erection or extension of a building; the provision or extension of a controlled service or fitting; the material alteration of a building or controlled service or fitting; work required in relation to a material change of use; insertion of insulating material into a cavity wall; work involving underpinning of a building; work required to replace or renovate thermal elements; work relating to a change in a building's energy status and work relating to improvement of the energy status of certain large existing buildings. Relevant definitions are found in regulations 2, 3(2) (“material alteration”) and 5 (“material change of use”).

Building work must be carried out so that it complies with the applicable requirements set out in Parts A to P of Schedule 1 and in complying with such requirements there must be no failure to comply with any other such requirements (regulation 4). The requirements in Schedule 1 relate to structure (Part A), fire safety (Part B), site preparation and resistance to contaminants and moisture (Part C), toxic substances (Part D), resistance to the passage of sound (Part E), ventilation (Part F), sanitation, hot water safety and water efficiency (Part G), drainage and waste disposal (Part H), combustion appliances and fuel storage systems (Part J), protection from falling, collision and impact (Part K), conservation of fuel and power (Part L), access to and use of buildings (Part M), glazing – safety in relation to impact, opening and cleaning (Part N) and electrical safety (Part P). Not all provisions of Schedule 1 apply to all building work.

Regulation 7 requires that building work must be carried out with adequate and proper materials and in a workmanlike manner.

Regulations 9 and 10 provide for exemptions. Regulation 11 allows local authorities to dispense with or relax requirements of these Regulations. A person intending to carry out building work is not required to give a building notice or deposit full plans where the work is carried out under a self-certification scheme set out in Schedule 3 or where work falls within Schedule 4 (regulation 12(6)).

Part 3 requires a person intending to carry out building work to give the local authority a building notice or to deposit full plans with the authority (regulation 12) and contains requirements relating to building notices and full plans (regulations 13 and 14) and other procedural requirements.

Part 4 provides that Part 3 and other provisions of these Regulations do not apply where work is supervised in accordance with Part 2 of the Building Act 1984 (c.55) and the Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215).

Part 5 contains provision about self-certification schemes. Membership of self-certification schemes exempts persons carrying out relevant work from the normal requirements under the Building Regulations to notify the local authority of an intention to carry out the work.

Part 6 contains provision transposing articles 3 to 6 of the Energy Performance of Buildings Directive (OJ No. L1, 4.1.2003, p.65), a transposition note for which is attached to the Explanatory Memorandum for the Building and Approved Inspectors (Amendment) Regulations 2006 (S.I. 2006/652). It also contains other provisions relating to energy performance of buildings.

Part 7 contains provisions relating to the water efficiency of new dwellings.

Part 8 contains provisions about information to be provided by a person carrying out building work to the building owner or responsible person.

Part 9 contains provisions requiring a person carrying out work to test certain sorts of building work and to commission fixed building services.

Part 10 contains miscellaneous provisions including power for local authorities to test building work and take samples, and provision that the contravention of certain regulations is not to be an offence.

Regulation 54 and Schedules 5 and 6 revoke the 2000 Regulations and amending Regulations, including Regulations amending both the 2000 Regulations and the Building (Approved Inspectors etc.) Regulations 2000 (S.I. 2000/2532), and make consequential amendments. No transitional provision is made in respect of the minor changes made in these Regulations. Regulations 49 to 52 contain transitional provisions in respect of the amendments made to the 2000 Regulations by the Building and Approved Inspectors (Amendment) Regulations 2010 (S.I. 2010/719). Regulation 53 secures that transitional and saving provisions in earlier Building Regulations continue to have effect.

A table showing how these Regulations correspond to the 2000 Regulations is attached to the Explanatory Memorandum.

The Building Act 1984 gives the Secretary of State power to approve and issue documents containing practical guidance with respect to the requirements contained in these Regulations. The following publications, originally approved for the purposes of the 2000 Regulations, are approved for the purposes of these Regulations.

  • Approved Document A – Structure: 2004 edition incorporating 2004 amendments

  • Approved Document B – Fire safety: 2006 edition (amended 2010)

  • Approved Document C – Site preparation and resistance to contaminants and moisture: 2004 edition

  • Approved Document D – Toxic substances: 1992 edition incorporating 2002 amendments

  • Approved Document E – Resistance to the passage of sound: 2003 edition incorporating 2004 amendments

  • Approved Document F – Ventilation: 2010 edition

  • Approved Document G – Hygiene: 2010 edition

  • Approved Document H – Drainage and waste disposal: 2002 edition

  • Approved Document J – Combustion appliances and fuel storage systems: 2010 edition

  • Approved Document K – Protection from falling, collision and impact: 1998 edition incorporating 2000 amendments

  • Approved Document L1A – Conservation of fuel and power: New dwellings: 2010 edition

  • Approved Document L1B – Conservation of fuel and power: Existing dwellings: 2010 edition

  • Approved Document L2A – Conservation of fuel and power: New buildings other than dwellings: 2010 edition

  • Approved Document L2B – Conservation of fuel and power: Existing buildings other than dwellings: 2010 edition

  • Approved Document M – Access to and use of buildings: 2004 edition

  • Approved Document N – Glazing – safety in relation to impact, opening and cleaning: 1998 edition incorporating 2000 amendments

  • Approved Document P – Electrical safety – Dwellings: 2006 edition

  • Approved Document to support regulation 7 – Materials and workmanship: 1992 edition incorporating 2000 amendments

It is intended that these approvals will be subject to amendments to be contained in a forthcoming publication “Amendments 2010 to the Approved Documents”. The Approved Documents and amendments are or will be published by NBS, part of RIBA Enterprises Ltd and will be available on the Department's website www.communities.gov.uk or from RIBA Bookshops Mail Order, 15 Bonhill Street, London EC2P 2EA (email address: sales@ribabookshops.com).

The Department for Communities and Local Government has published notices identifying the requirements, procedures and methodologies approved by the Secretary of State for the purposes of regulations 24, 25, 41, 42, 43 and 44. These are available on the Department's website. The Water Efficiency Calculator for New Dwellings referred to in regulation 36 is also available on the Department's website. The Seventeenth Edition of the Wiring Regulations referred to in Schedule 4 is available from the Institution of Engineering and Technology, Michael Faraday House, Six Hills Way, Stevenage SG1 2AY or from the website www.theiet.org.

Impact assessments of the effects that changes to Schedule 3 (self-certification schemes and exemptions from requirement to give building notice or deposit full plans) and the effects that the consolidation and other changes made by these Regulations will have on the costs of business and the public and voluntary sectors are annexed to the Explanatory Memorandum for these Regulations. They will be placed on the OPSI website at www.opsi.gov.uk and the www.legislation.gov.uk website and copies have also been placed in the Library of each House of Parliament. Impact assessments of the effect that some provisions of the Building and Approved Inspectors (Amendment) Regulations 2010 (which are revoked on the day on which they come into force but the amendments are consolidated in these Regulations) will have on the costs of business and the public and voluntary sectors were annexed to the explanatory memorandum for those Regulations which is available on the OPSI website and the www.legislation.gov.uk website.