The Building (Amendment) Regulations 2001

Amendment of the Building Regulations 2000

2.—(1) The principal Regulations shall be amended as follows.

(2) In regulation 2 (interpretation), in the definition of “controlled service or fitting” in paragraph (1), for the words “Part G, H or J” there shall be substituted the words “Part G, H, J or L”.

(3) In regulation 3(1) (meaning of building work), in sub-paragraph (b), before the words “the provision or” there shall be inserted the words “subject to paragraph (1A),”.

(4) After regulation 3(1) there shall be inserted the following paragraph—

“(1A) The provision or extension of a controlled service or fitting—

(a) in or in connection with an existing dwelling; and

(b) being a service or fitting in relation to which paragraph L1, but not Part G, H or J, of Schedule 1 imposes a requirement,

shall only be building work where that work consists of the provision of a window, rooflight, roof window, door (being a door which together with its frame has more than 50 per cent of its internal face area glazed), a space heating or hot water service boiler, or a hot water vessel.”.

(5) In regulation 6 (requirements relating to material change of use), in paragraph (1)(a)—

(a) after “G2 (bathrooms)” there shall be inserted “H1 (foul water drainage)”;

(b) for “H4” there shall be substituted “H6”;

(c) for the words “heat producing appliances” there shall be substituted the words “combustion appliances”;

(d) after the words “conservation of fuel and power” there shall be inserted the word “-dwellings”; and

(e) at the end of the sub-paragraph there shall be added “L2 (conservation of fuel and power—buildings other than dwellings);”.

(6) In regulation 8 (limitation on requirements) after the words “A to K and N” there shall be inserted the words “(except for paragraphs H2 and J6)”.

(7) In regulation 12 (giving of a building notice or deposit of plans), after paragraph (4), there shall be inserted the following paragraph—

“(4A) A person shall deposit full plans where he intends to carry out building work in relation to which paragraph H4 of Schedule 1 imposes a requirement.”.

(8) In regulation 13 (particulars and plans where a building notice is given), paragraph (2)(c)(ii) shall be omitted.

(9) In regulation 14 (full plans), after paragraph (3)(a), there shall be inserted the following sub-paragraph—

“(aa) 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”.

(10) After regulation 14 there shall be inserted the following regulation—

“Consultation with sewerage undertaker

14A.— (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 pursuant to a request under regulation 14(5).

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

(a) give to the sewerage undertaker, in a case where they 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.”.

(11) For regulation 18 there shall be substituted the following regulation—

“Testing of building work

18.   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.”.

(12) For Parts H, J and L of Schedule 1 there shall be substituted the Parts set out respectively in the Schedule to these Regulations.