2010 No. 719
The Building and Approved Inspectors (Amendment) Regulations 2010
Made
Laid before Parliament
Coming into force in accordance with regulation 1(2) to (4)
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 1, 3(1), 34 and 35 of, and paragraphs 1, 2, 4, 4A, 7, 8 and 10 of Schedule 1 to, the Building Act 19841, having consulted, in accordance with section 14(3) of that Act, the Building Regulations Advisory Committee and such other bodies as appear to the Secretary of State to be representative of the interests concerned:
Citation and commencement1
1
These Regulations may be cited as the Building and Approved Inspectors (Amendment) Regulations 2010.
2
Regulations 1 and 21 to 24 shall come into force on 5th April 2010.
3
Regulations 2 (for the purposes of regulations 13 and 14), 13 and 14 shall come into force on 6th April 2010.
4
Regulations 2 (for all other purposes), 3 to 12, 15 to 20 and 25 to 28 shall come into force on 1st October 2010.
Amendment of the Building Regulations 20002
The Building Regulations 20002 are amended as follows.
Amendment of regulation 93
In regulation 93 (exempt buildings and work)—
a
in paragraph (3)(b) for “falling within class VII in Schedule 2” substitute “to which paragraph (5A) applies”;
b
after paragraph (5) insert—
5A
This paragraph applies to any extension of a building falling within class VII 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; or
b
into which the building’s heating system has been extended.
New regulation 16C4
After regulation 16B4 (fire safety information) insert—
Information about ventilation16C
1
This regulation applies where Part 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.
Amendment of regulation 205
In regulation 205 (supervision of building work otherwise than by local authorities), in paragraph (1) after “20A,” insert “20AA,”.
New regulation 20AA6
After regulation 20A6 (sound insulation testing) insert—
Mechanical ventilation air flow rate testing20AA
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 local 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 local authority not later than five days after the final test is carried out.
Amendment of regulation 20C7
In regulation 20C7 (commissioning)—
a
before paragraph (1) insert—
A1
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.
b
in paragraph (2) after “paragraph” insert “F1(2) or”.
Substitution of new regulation 20D8
For regulation 20D8 (CO2 emission rate calculations) substitute—
CO2 emission rate calculations20D
1
This regulation applies where a building is erected and regulation 17C 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,
b
the calculated CO2 emission rate for the building as designed, 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,
ii
the calculated CO2 emission rate for the building as constructed, 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 17C have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce such certificates for that category of building.
5
In this regulation—
“energy assessor” means an individual who is a member of an accreditation scheme approved by the Secretary of State in accordance with regulation 17F; and
“specifications” means specifications used for the calculation of the CO2 emission rate.
Amendment of regulation 229
In regulation 229 (contravention of certain regulations not to be an offence), after “20A,” insert “20AA,”.
Amendment of regulation 22B10
In regulation 22B10 (electronic service of documents), in paragraph (1)—
a
after sub-paragraph (h) insert—
ha
a notice under regulation 20AA(2)(b);
b
in sub-paragraph (k) for “20D(1)” substitute “20D(2) or (3)”.
Amendment of Part F of Schedule 111
In Part F of Schedule 1 (means of ventilation), in the first column of paragraph F1—
a
the existing text becomes sub-paragraph (1);
b
after sub-paragraph (1) insert—
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.
Amendment of Part J of Schedule 112
In Part J of Schedule 111 (combustion appliances and fuel storage systems), after paragraph J2 insert—
Warning of release of carbon monoxide
J2A
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 J2A applies only to fixed combustion appliances located in dwellings.
Amendment of Schedule 2A13
In Schedule 2A12 (self-certification schemes and exemptions from requirement to give building notice or deposit full plans)—
a
in paragraph 2 for the words in the second column substitute “A person registered by Association of Plumbing and Heating Contractors (Certification) Limited13, Building Engineering Services Competence Accreditation Limited14, Capita Gas Registration and Ancillary Services Limited15, CORGI Services Limited16, EC Certification Limited17, HETAS Limited18, NAPIT Registration Limited19, NICEIC Group Limited20 or Oil Firing Technical Association Limited21 in respect of that type of work.”;
b
in paragraph 3 in the second column, after “registered by” insert “CORGI Services Limited, EC Certification Limited, HETAS Limited,”;
c
in paragraph 4 in the second column, after “registered by” insert “CORGI Services Limited, EC Certification Limited,”;
d
in paragraph 5 for the words in the second column substitute “A person registered by Association of Plumbing and Heating Contractors (Certification) Limited, Building Engineering Services Competence Accreditation Limited, CORGI Services Limited, EC Certification Limited, HETAS Limited, NAPIT Registration Limited, NICEIC Group Limited or Oil Firing Technical Association Limited in respect of that type of work.”;
e
after paragraph 5 insert—
5A. Installation of a heating or hot water system connected to a solid fuel burning combustion appliance or its associated controls.
A person registered by Association of Plumbing and Heating Contractors (Certification) Limited, Building Engineering Services Competence Accreditation Limited, CORGI Services Limited, EC Certification Limited, HETAS Limited, NAPIT Registration Limited, NICEIC Group Limited or Oil Firing Technical Association Limited in respect of that type of work.
5B. Installation of a heating or hot water system connected to an electric heat source or its associated controls.
A person registered by Building Engineering Services Competence Accreditation Limited, CORGI Services Limited, EC Certification Limited, HETAS Limited, NAPIT Registration Limited, NICEIC Group Limited or Oil Firing Technical Association Limited in respect of that type of work.
f
in paragraph 14, in the first column, in sub-paragraph (2) omit paragraph (a).
Amendment of Schedule 2B14
In Schedule 2B22 (descriptions of work where no building notice or deposit of full plans required), in paragraph 1 after sub-paragraph (l) insert—
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.
Amendment of the Building (Approved Inspectors etc.) Regulations 200015
The Building (Approved Inspectors etc.) Regulations 200023 are amended as follows.
Amendment of regulation 1116
In regulation 11(1)24 (functions of approved inspectors)—
a
in sub-paragraph (a) after “16B,” insert “16C,”;
b
in sub-paragraph (c) after “12A,” insert “12AA,”.
New regulation 12AA17
After regulation 12A25 (sound insulation testing) insert—
Mechanical ventilation air flow rate testing12AA
1
This regulation applies where paragraph F1(1) of Schedule 1 to the Principal Regulations 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 to the Principal Regulations—
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 approved inspector who gave the initial notice.
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 approved inspector not later than five days after the final test is carried out.
Amendment of regulation 12C18
In regulation 12C26 (commissioning)—
a
before paragraph (1) insert—
A1
This regulation applies to building work which is the subject of an initial notice, and in relation to which paragraph F1(2) of Schedule 1 to the Principal Regulations 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.
b
in paragraph (2) after “paragraph” insert “F1(2) or”.
Substitution of new regulation 12D19
For regulation 12D27 substitute—
CO2 emission rate calculations12D
1
This regulation applies where a building is erected and regulation 17C of the Principal Regulations applies to work which is the subject of an initial notice.
2
Not later than the day before the work starts, the person carrying out the work shall give the approved inspector a notice which specifies—
a
the target CO2 emission rate for the building,
b
the calculated CO2 emission rate for the building as designed, 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 or, if earlier, the date on which in accordance with regulation 18 the initial notice ceases to be in force, the person carrying out the work shall give the approved inspector—
a
a notice which specifies—
i
the target CO2 emission rate for the building,
ii
the calculated CO2 emission rate for the building as constructed, 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
An approved inspector is authorised to accept, as evidence that the requirements of regulation 17C of the Principal Regulations have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce such certificates for that category of building.
5
In this regulation—
“energy assessor” means an individual who is a member of an accreditation scheme approved by the Secretary of State in accordance with regulation 17F; and
“specifications” means specifications used for the calculation of the CO2 emission rate.
Amendment of regulation 31A20
In regulation 31A28 (electronic service of documents)—
a
after paragraph (e) insert—
ea
a notice under regulation 12AA(2)(b);
b
in paragraph (h) for “12D(1) or (4)(b)” substitute “12D(2) or (3)”.
Amendment of the Building and Approved Inspectors (Amendment) Regulations 200921
The Building and Approved Inspectors (Amendment) Regulations 200929 are amended as follows.
Amendment of regulation 222
1
In regulation 2(2) (amendment of regulation 2 of the Building Regulations 2000)—
a
in sub-paragraph (a) at the end omit “and”;
b
after sub-paragraph (a) insert—
aa
in paragraph (1)—
i
for the full stop at the end of the definition of “shop” substitute a semi-colon,
ii
after the definition of “shop” insert—
“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 199130 (standards of wholesomeness) as they apply for the purposes of Part G of Schedule 1 in accordance with paragraph (2C) 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.
2
For regulation 2(15) (amendment of Schedule 2A to the Building Regulations 2000) substitute—
15
In Schedule 2A31(self-certification schemes and exemptions from requirement to give building notice or deposit full plans)—
a
in paragraph 2 in the first column omit “service”;
b
in paragraph 3 in the first column—
i
in sub-paragraph (a) omit the words from “which has” to the end of the sub-paragraph,
ii
omit sub-paragraph (c);
c
in paragraph 4 in the first column—
i
in sub-paragraph (a) omit the words from “which has” to the end of the sub-paragraph,
ii
omit sub-paragraph (b);
d
in paragraph 5 for the words in the first column substitute “Installation of a heating or hot water system connected to an oil-fired combustion appliance or its associated controls.”;
e
in paragraph 6 in the first column omit “heating, hot water service,” and “, other than a combustion appliance or its associated controls”;
f
in paragraph 13 for “washing facility” substitute “sink, washbasin, bidet, fixed bath, shower”.
Amendment of the Schedule23
In the Schedule (substituted Part G of Schedule 1 to the Building Regulations 2000: sanitation, hot water safety and water efficiency)—
a
in paragraph G1(1), in the first column—
i
omit “wholesome water to”,
ii
in paragraphs (a) and (d) at the beginning insert “wholesome water to”,
iii
in paragraphs (b) and (c) at the beginning insert “wholesome water or softened wholesome water to”;
b
in paragraph G3(1), in the first column, after “heated wholesome water” insert “or heated softened wholesome water”.
Amendment of the Building (Amendment No.2) Regulations 200924
In paragraph (4) of regulation 2 of the Building (Amendment No.2) Regulations 200932 (amendment of Schedule 2A to the Building Regulations 2000)—
a
in paragraph 13A inserted into Schedule 2A to the Building Regulations 2000, at the end of the first column insert “or a softened wholesome cold water supply”;
b
in paragraph 13B inserted into Schedule 2A to those Regulations at the end of the first column insert “which does not involve work on shared or underground drainage”.
Transitional provisions: interpretation25
In regulations 26 to 28—
“the Act” means the Building Act 1984;
“the Building Regulations” means the Building Regulations 2000;
“the Approved Inspectors Regulations” means the Building (Approved Inspectors etc.) Regulations 2000.
Transitional provisions: work already started26
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 Regulations33 (giving of a building notice or deposit of plans) and a notice given to the local authority under regulation 15(1) of those Regulations34 (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 Act35 (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 and the Approved Inspectors Regulations shall continue to apply to that building work as if the amendments made by regulations 3 to 12 and 16 to 20 had not been made.
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 and the Approved Inspectors Regulations shall continue to apply as if the amendments made by regulations 3 to 12 and 16 to 20 had not been made 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)36 of the Building Regulations applies, the Building Regulations and the Approved Inspectors Regulations shall continue to apply to that building work as if the amendments made by regulations 3 to 12 and 16 to 20 had not been made.
Transitional provisions: work for which notification is not required27
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 applies, the Building Regulations and the Approved Inspectors Regulations shall continue to apply to that work as if the amendments made by regulations 3 to 12 and 16 to 20 had not been made, provided that the work is started before 6th April 2011.
Transitional provisions: notice given or plans deposited before 1st October 201028
1
Subject to paragraph (2), the Building Regulations and the Approved Inspectors Regulations shall continue to apply in relation to building work as if the amendments made by regulations 3 to 12 and 16 to 20 had not been made 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 and the Approved Inspectors Regulations shall continue to apply as if the amendments made by regulations 3 to 12 and 16 to 20 had not been made 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.
Signed by authority of the Secretary of State
(This note is not part of the Regulations)