The Building and Approved Inspectors (Amendment) Regulations 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)”.

(1)

S.I. 2000/2531.

(2)

Amended by S.I. 2006/652; there are other amending instruments, but none is relevant.

(3)

1991 c.56. Regulations made under section 67 are the Private Water Supplies Regulations 1991 (S.I. 1991/2790), the Water Supply (Water Quality) Regulations 2000 (S.I. 2000/3184, as amended by S.I. 2001/2885 and S.I. 2007/2734, and, in relation to Wales, the Water Supply (Water Quality) Regulations 2001 (S.I. 2001/3911, as amended by S.I. 2007/3374).

(4)

Amended by S.I. 2002/2871 and S.I. 2003/2692; there are other amending instruments, but none is relevant.

(5)

Substituted by S.I. 2002/2871 and amended by S.I. 2004/3210.

(6)

Amended by S.I. 2004/3210 and S.I. 2006/652.

(7)

Amended by S.I. 2006/652.

(8)

Amended by S.I. 2006/3318 and S.I. 2007/991.

(9)

Inserted by S.I. 2006/652 and substituted by S.I. 2007/991.

(10)

Published May 2009 by the Department for Communities and Local Government- ISBN: 978-1-4098-1378-1.

(11)

Amended by S.I. 2002/440, S.I. 2002/2871, S.I. 2006/652 and S.I. 2007/991.

(12)

Inserted by S.I. 2006/652 and amended by S.I. 2008/2363.

(13)

Amended by S.I. 2006/652 and S.I. 2007/991.

(14)

Inserted by S.I. 2008/2334.

(15)

Inserted by S.I. 2002/440, substituted by S.I. 2006/652, and amended by S.I. 2006/3318 and S.I. 2007/3384; there other amendments but none is relevant.

(16)

Inserted by S.I. 2004/3210, and amended by S.I. 2007/3384; there other amendments but none is relevant.