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The Building Regulations 2010

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Regulations 4 and 6

SCHEDULE 1Requirements

Regulation 9

SCHEDULE 2Exempt Buildings and Work

CLASS 1

Buildings controlled under other legislation

1.  Any building in which explosives are manufactured or stored under a licence granted under the Manufacture and Storage of Explosives Regulations 2005(1).

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(2) is for the time being in force.

3.  A building included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979(3).

CLASS 2

Buildings not frequented by people

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—

(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 3

Greenhouses and agricultural buildings

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—

(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.

4.  In paragraph 2, “agriculture” includes horticulture, fruit growing, the growing of plants for seed and fish farming.

CLASS 4

Temporary buildings

A building which is not intended to remain where it is erected for more than 28 days.

CLASS 5

Ancillary buildings

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.

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.

CLASS 6

Small detached buildings

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—

(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.

CLASS 7

Extensions

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 Part N of Schedule 1.

Regulations 12(6)(a) and 20(1)

SCHEDULE 3Self-certification Schemes and Exemptions from Requirement to Give Building Notice or Deposit Full Plans

Column 1

Type of Work

Column 2

Person carrying out work

1.  Installation of a heat-producing gas appliance.

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(4).

2.  Installation of heating or hot water system connected to a heat-producing gas appliance, or associated controls.

A person registered by Ascertiva Group Limited(5), Association of Plumbing and Heating Contractors (Certification) Limited(6), Benchmark Certification Limited(7), Building Engineering Services Competence Accreditation Limited(8), Capita Gas Registration and Ancillary Services Limited(9), ECA Certification Limited(10), HETAS Limited(11), NAPIT Registration Limited(12), Oil Firing Technical Association Limited(13) or Stroma Certification Limited(14) in respect of that type of work.

3.  Installation of—

(a)an oil-fired combustion appliance; or

(b)oil storage tanks and the pipes connecting them to combustion appliances.

A person registered by Ascertiva Group Limited, Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Accreditation Limited, ECA Certification Limited, HETAS Limited, NAPIT Registration Limited or Oil Firing Technical Association Limited in respect of that type of work.

4.  Installation of a solid fuel burning combustion appliance.

A person registered by Ascertiva Group Limited, Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Accreditation Limited, ECA Certification Limited, HETAS Limited or NAPIT Registration Limited in respect of that type of work.

5.  Installation of a heating or hot water system connected to an oil-fired combustion appliance or its associated controls.

A person registered by Ascertiva Group Limited, Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Accreditation Limited, ECA Certification Limited, HETAS Limited, NAPIT Registration Limited, Oil Firing Technical Association Limited or Stroma Certification Limited in respect of that type of work.

6.  Installation of a heating or hot water system connected to a solid fuel burning combustion appliance or its associated controls.

A person registered by Ascertiva Group Limited, Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Accreditation Limited, ECA Certification Limited, HETAS Limited, NAPIT Registration Limited, Oil Firing Technical Association Limited or Stroma Certification Limited in respect of that type of work.

7.  Installation of a heating or hot water system connected to an electric heat source or its associated controls.

A person registered by Ascertiva Group Limited, Benchmark Certification Limited, Building Engineering Services Competence Accreditation Limited, ECA Certification Limited, HETAS Limited, NAPIT Registration Limited, Oil Firing Technical Association Limited or Stroma Certification Limited in respect of that type of work.

8.  Installation of a mechanical ventilation or air conditioning system or associated controls, which does not involve work on a system shared with parts of the building occupied separately, in a building other than a dwelling.

A person registered by Ascertiva Group Limited, Benchmark Certification Limited or Building Engineering Services Competence Accreditation Limited in respect of that type of work.

9.  Installation of an air conditioning or ventilation system in a dwelling, which does not involve work on systems shared with other dwellings.

A person registered by Ascertiva Group Limited, Benchmark Certification Limited, Building Engineering Services Competence Accreditation Limited or NAPIT Registration Limited in respect of that type of work.

10.  Installation of a lighting system or electric heating system, or associated electrical controls.

A person registered by Ascertiva Group Limited, Building Engineering Services Competence Accreditation Limited, ECA Certification Limited, NAPIT Registration Limited or Stroma Certification Limited in respect of that type of work.

11.  Installation of fixed low or extra-low voltage electrical installations.

A person registered by Ascertiva Group Limited, Benchmark Certification Limited, British Standards Institution(15), Building Engineering Services Competence Accreditation Limited, ECA Certification Limited or NAPIT Registration Limited in respect of that type of work.

12.  Installation of fixed low or extra-low voltage electrical installations as a necessary adjunct to or arising out of other work being carried out by the registered person.

A person registered by Ascertiva Group Limited, Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Accreditation Limited, ECA Certification Limited, NAPIT Registration Limited or Oil Firing Technical Association Limited in respect of that type of electrical work.

13.  Installation, as a replacement, of a window, rooflight, roof window or door in an existing dwelling.

A person registered under the Fenestration Self-Assessment Scheme by Fensa Ltd(16), or a person registered by BM Trada Certification Limited(17), the British Standards Institution, CERTASS Limited(18) or Network VEKA Limited(19) in respect of that type of work.

14.  Installation of a sanitary convenience, sink, washbasin, bidet, fixed bath, shower or bathroom in a dwelling, which does not involve work on shared or underground drainage.

A person registered by Ascertiva Group Limited, Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Accreditation Limited or NAPIT Registration Limited in respect of that type of work.

15.  Installation of a wholesome cold water supply or a softened wholesome cold water supply.

A person registered by Ascertiva Group Limited, Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Accreditation Limited or NAPIT Registration Limited in respect of that type of work.

16.  Installation of a supply of non-wholesome water to a sanitary convenience fitted with a flushing device which does not involve work on shared or underground drainage.

A person registered by Ascertiva Group Limited, Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Accreditation Limited or NAPIT Registration Limited in respect of that type of work.

17.  Installation in a building of a system to produce electricity, heat or cooling—

(a)by microgeneration, or

(b)from renewable sources (as defined in European Parliament and Council Directive 2009/28/EC of 23 April 2009 on the promotion of the use of energy from renewable sources(20)).

A person registered by Ascertiva Group Limited, Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, British Standards Institution, Building Engineering Services Competence Accreditation Limited, ECA Certification Limited, HETAS Limited, NAPIT Registration Limited, Oil Firing Technical Association Limited or Stroma Certification Limited in respect of that type of work.

18.  Insertion of insulating material into the cavity walls of an existing building.

A person registered under the Cavity Wall Insulation Self Certification Scheme by Cavity Insulation Guarantee Agency Limited(21) in respect of that type of work.

19.  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 by National Federation of Roofing Contractors Limited(22) in respect of that type of work.

20.  Any building work which is necessary to ensure that any appliance, service or fitting which is installed and which is described in the preceding entries in column 1 above, complies with the applicable requirements contained in Schedule 1. This paragraph does not apply to the provision of a masonry chimney.

The person who installs the appliance, service or fitting to which the building work relates and who is described in the corresponding entry in column 2 above.

Regulation 12(6)(b)

SCHEDULE 4Descriptions of Work where no Building Notice or Deposit of Full Plans Required

1.  Work consisting of—

(a)replacing any fixed electrical equipment which does not include the provision of—

(i)any new fixed cabling, or

(ii)a consumer unit;

(b)replacing a damaged cable for a single circuit only;

(c)re-fixing or replacing enclosures of existing installation components, where the circuit protective measures are unaffected;

(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;

(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 resting 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,

(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 12(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.

2.  Work which—

(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.

3.  Work on—

(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.

4.  For the purposes of this Schedule—

“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;

“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 regulation 9 of the Electrical Equipment (Safety) Regulations 1994(23);

“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(24).

Regulation 54(1)

SCHEDULE 5Revocation 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.
The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007S.I. 2007/991Schedule 2 and regulation 8.
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.

Regulation 54(2)

SCHEDULE 6Consequential Amendments

1.  In the Building (Local Authority Charges) Regulations 2010(25)—

(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”.

2.  In the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007(26)—

(a)in regulation 2(1)—

(i)in the definition of “accreditation scheme” for “17F of the Building Regulations 2000” substitute “30 of the Building Regulations 2010”;

(ii)in the definition of “asset rating” for “17A of the Building Regulations 2000” substitute “24 of the Building Regulations 2010”;

(iii)in the definition of “energy performance certificate” for “17E of the Building Regulations 2000” substitute “29 of the Building Regulations 2010”;

(iv)in the definition of “recommendation report” for “17E(4) of the Building Regulations 2000” substitute “29(5) of the Building Regulations 2010”;

(b)in regulation 9(1) for “2000” substitute “2010”;

(c)in regulation 11—

(i)in paragraph (1)(a) for “17A of the Building Regulations 2000” substitute “24 of the Building Regulations 2010”;

(ii)in paragraph (2) for “17E of the Building Regulations 2000” substitute “29 of the Building Regulations 2010”;

(d)in regulation 15, in the definition of “operational rating” for “17A of the Building Regulations 2000” substitute “24 of the Building Regulations 2010”;

(e)in regulation 17(1) for “17A of the Building Regulations 2000” substitute “24 of the Building Regulations 2010”;

(f)in regulation 31(2) for “17A of the Building Regulations 2000” substitute “24 of the Building Regulations 2010”.

(3)

1979 c.46; section 1 was amended by Schedule 4 to the National Heritage Act 1983 (c.47).

(5)

A company formed and registered under the Companies Acts (defined in section 2 of the Companies Act 2006, c.46) with the registration number 02513162.

(6)

A company formed and registered under the Companies Acts with the registration number 02876277.

(7)

A company formed and registered under the Companies Acts with the registration number 07144771.

(8)

A company formed and registered under the Companies Acts with the registration number 03712932.

(9)

A company formed and registered under the Companies Acts with the registration number 05078781.

(10)

A company formed and registered under the Companies Acts with the registration number 06418028.

(11)

A company formed and registered under the Companies Acts with the registration number 02117828.

(12)

A company formed and registered under the Companies Acts with the registration number 05190452.

(13)

A company formed and registered under the Companies Acts with the registration number 02739706.

(14)

A company formed and registered under the Companies Acts with the registration number 06429016.

(15)

Incorporated by Royal Charter.

(16)

A company formed and registered under the Companies Acts with the registration number 03058561.

(17)

A company formed and registered under the Companies Acts with the registration number 02110046.

(18)

A company formed and registered under the Companies Acts with the registration number 04350234.

(19)

A company formed and registered under the Companies Acts with the registration number 04029350.

(20)

OJ No. L 140, 5.6.2009, p. 16.

(21)

A company formed and registered under the Companies Acts with the registration number 03044131.

(22)

A company formed and registered under the Companies Acts with the registration number 02591364.

(24)

ISBN 978-0-86341-844-0.

(26)

S.I. 2007/991; regulation 17(1) was amended, and regulation 31(2) was substituted, by S.I. 2008/2363.

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