The Building and Approved Inspectors (Amendment) Regulations 2009

Citation and commencement

1.—(1) These Regulations may be cited as the Building and Approved Inspectors (Amendment) Regulations 2009.

(2) These Regulations shall come into force on 1st October 2009.

Amendments to the Building Regulations 2000

2.—(1) The Building Regulations 2000(1) are amended as follows.

(2) In regulation 2(2) (interpretation)—

(a) in paragraph (1) in the definition of “fixed building services” omit “service” in sub-paragraph (b); and

(b) after paragraph (2B) insert—

“(2C) Section 67 of the Water Industry Act 1991(3) 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.”.

(3) In regulation 6(4)(requirements relating to material change of use)—

(a) in paragraph (1)(a) for “G1 (sanitary conveniences and washing facilities) G2 (bathrooms)” substitute—

“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)”; and

(b) after paragraph (1)(f) insert—

“(ff) 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)”; and

(c) in paragraph (2)(b) for “or (f)” substitute “, (f) or (ff)”.

(4) In regulation 8(5) (limitation on requirements) after “paragraphs” insert “G2,”.

(5) In regulation 9(6) (exempt buildings and work)—

(a) in paragraph (1) after “paragraphs” insert “(1A),”; and

(b) after paragraph (1) insert—

“(1A) The requirements of paragraph G1 and paragraph G3(2) and (3) 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 VI in Schedule 2; and

(ii) any extension of a building falling within class VII 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.”.

(6) Omit regulation 13(4) (particulars and plans where a building notice is given).

(7) In regulation 14(3)(a)(7) (full plans) for “(4)” substitute “(3)”.

(8) In regulation 17(3)(b)(8) (completion certificates) for “17C and 17E (target CO₂ emission rates for new buildings)” substitute “17C (target CO₂ emission rates for new buildings), 17E (energy performance certificates), 17K (water efficiency of new dwellings)”.

(9) After regulation 17J(9) (energy performance of buildings - interpretation) insert—

“PART 5B Water efficiency

Water efficiency of new dwellings

17K.— (1) The potential consumption of wholesome water by persons occupying a dwelling to which this regulation applies must not exceed 125 litres per person per day, calculated in accordance with the methodology set out in the document “The Water Efficiency Calculator for New Dwellings”(10).

(2) This regulation applies to a dwelling which is—

(a) erected; or

(b) formed by a material change of use of a building within the meaning of regulation 5(a) or (b).”.

(10) In regulation 20(1)(11) (supervision of building work otherwise than by local authorities) for “and 20D” substitute “, 20D and 20E”.

(11) After regulation 20D(12) (CO₂ emission rate calculations) insert—

“Wholesome water consumption calculation

20E.— (1) Where regulation 17K 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 calculated in accordance with the methodology referred to in that regulation 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.”.

(12) In regulation 22(13) (contravention of certain regulations not to be an offence) for “and 20D” substitute “, 20D and 20E”.

(13) In regulation 22B(1)(14) (electronic service of documents) after sub-paragraph (k) insert—

“(ka) a notice under regulation 20E(1);”.

(14) In Schedule 1 (requirements) for Part G substitute the Part set out in the Schedule to these Regulations.

(15) In Schedule 2A(15) (self-certification schemes and exemptions from requirement to give building notice or deposit full plans), in column 1—

(a) in paragraphs 2 to 6 omit “service”; and

(b) in paragraph 13 for “washing facility” substitute “sink, washbasin, bidet, fixed bath, shower”.

(16) In Schedule 2B(16) (descriptions of work where no building notice or deposit of full plans required), in paragraph 1—

(a) in sub-paragraph (j)(i) after “sanitary convenience” add “with one that uses no more water than the one that it replaces”;

(b) in sub-paragraph (j)(ii) after “washbasin” insert “, sink or bidet”;

(c) in sub-paragraph (j)(iv) for “fixed shower bath” substitute “shower”; and

(d) after sub-paragraph (j) insert—

“(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 regulation 12(5)(b)”.

Amendments to the Building (Approved Inspectors) Regulations 2000

3.—(1) The Building (Approved Inspectors) Regulations 2000(17) are amended as follows.

(2) In regulation 11(1)(18) (functions of approved inspectors)—

(a) in sub-paragraph (a) for “and 17D” substitute “, 17D and 17K”; and

(b) in sub-paragraph (c) for “and 12D” substitute “, 12D and 12E”.

(3) After regulation 12D(19) (CO₂ emission rate calculations) insert—

“Wholesome water consumption calculation

12E.— (1) Where regulation 17K of the Principal Regulations applies to work which is the subject of an initial notice, the person carrying out the work must give the approved inspector a notice which specifies the potential consumption of wholesome water per person per day calculated in accordance with the methodology referred to in that regulation in relation to the completed dwelling.

(2) The notice shall be given to the approved inspector not later than—

(a) five days after the work has been completed; or

(b) the date on which, in accordance with regulation 18, the initial notice ceases to be in force,

whichever is the earlier.”.

(4) In regulation 31A(20) (electronic service of documents) after (h) insert—

“(ha) a notice under regulation 12E(1);”.

Transitional provisions: interpretation and application

4.—(1) In regulations 5 to 8—

“the Act” means the Building Act 1984;

“the Building Regulations” means the Building Regulations 2000;

“the Approved Inspectors Regulations” means the Building (Approved Inspectors)Regulations 2000.

(2) Regulations 5 to 8 shall not apply in relation to work to which any amendment made by regulation 2(15) or (16)(b), (c) or (d) applies.

Transitional provisions: work already commenced

5.—(1) Subject to paragraph (2), where before 1st October 2009 building work is commenced in accordance with—

(a) a building notice given to, or full plans deposited with, a local authority under regulation 12(2A)(21) (giving a building notice or deposit of plans) of the Building Regulations and a notice given to the local authority under regulation 15(1)(22) (notice of commencement and completion of certain stages of work) of those Regulations;

(b) an initial notice or an amendment notice given in accordance with section 47(1)(23) (giving and acceptance of initial notice) or 51A(2)(24) (variation of work to which initial notice relates) of the Act; or

(c) a public body’s notice given in accordance with section 54 (giving, acceptance and effect of a 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 2 and 3 had not been made.

(2) Where before 1st October 2009 work is commenced 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 2 and 3 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 2009 building work is commenced to which regulation 12(5)(25) of the Building Regulations applies, those Regulations shall continue to apply to that building work as if the amendments made by regulation 2 had not been made.

Transitional provisions: work for which full plans are not required

6.  Where before 1st October 2009 a contract is entered into for the provision of building work in respect of which regulation 12(26) of the Building Regulations does not require the deposit of full plans, the Building Regulations and the Approved Inspectors Regulations shall continue to apply to that work as if the amendments made by regulations 2 and 3 had not been made, provided that the work is commenced before 6th April 2010.

Transitional provisions: full plans

7.  Where before 1st October 2009—

(a) full plans of building work are deposited with a local authority in accordance with regulation 12(2A) of the Building Regulations; and

(b) the local authority—

(i) gives notice under section 16(6) (passing or rejection of plans) of the Act that they have passed those plans without conditions, or

(ii) signifies in writing to the person by whom or on whose behalf the plans were deposited that any condition subject to which they passed the plans has been fully met,

the Building Regulations shall continue to apply to the work to which those plans relate as if the amendments made by regulation 2 had not been made, provided that the work is commenced before 1st October 2010, whether or not the work departs from those plans.

Transitional provisions: plans certificates

8.  Where before 1st October 2009 plans of work are the subject of—

(a) a plans certificate, or a plans certificate combined with an initial notice, given to a local authority in accordance with section 50(27) of the Act; or

(b) a public body’s plans certificate, or a combined public body’s notice and plans certificate, given to a local authority in accordance with paragraph 2 of Schedule 4 to the Act

and accepted in either case by the local authority (whether or not before 1st October 2009), the Building Regulations and the Approved Inspectors Regulations shall continue to apply to the work to which those plans relate as if the amendments made by regulations 2 and 3 had not been made, provided that the work is commenced before 1st October 2010, whether or not the building work departs from those plans.

Signed by authority of the Secretary of State

Iain Wright

Parliamentary Under Secretary of State

Department for Communities and Local Government

12th May 2009