The Building Regulations 2010

Regulations 4 and 6

SCHEDULE 1 E+W Requirements

[F1 PART K PROTECTION FROM FALLING, COLLISION AND IMPACT

Stairs, ladders and ramps
K1. Stairs, ladders and ramps shall be so designed, constructed and installed as to be safe for people moving between different levels in or about the building.	Requirement K1 applies only to stairs, ladders and ramps which form part of the building.
Protection from falling
K2. (a) Any stairs, ramps, floors and balconies and any roof to which people have access, and (b) any light well, basement area or similar sunken area connected to a building, shall be provided with barriers where it is necessary to protect people in or about the building from falling.	Requirement K2(a) applies only to stairs and ramps which form part of the building.
Vehicle barriers and loading bays
K3.—(1) Vehicle ramps and any levels in a building to which vehicles have access, shall be provided with barriers where it is necessary to protect people in or about the building. (2) Vehicle loading bays shall be constructed in such a way, or be provided with such features as may be necessary to protect people in them from collision with vehicles.
Protection from collision with open windows etc
K4. Provision shall be made to prevent people moving in or about the building from colliding with open windows, skylights or ventilators.	Requirement K4 does not apply to dwellings.
Protection against impact from and trapping by doors
K5.—(1) Provision shall be made to prevent any door or gate— (a) which slides or opens upwards, from falling onto any person; and (b) which is powered, from trapping any person. (2) Provision shall be made to ensure a clear view of the space on either side of a swing door or gate.	Requirement K5 does not apply to— (a) dwellings, or (b) any door or gate which is part of a lift.]

Textual Amendments

F1 Sch. 1 Pt. K substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), Sch. 1, Sch. 2 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

[F1 PART K PROTECTION FROM FALLING, COLLISION AND IMPACT

Stairs, ladders and ramps
K1. Stairs, ladders and ramps shall be so designed, constructed and installed as to be safe for people moving between different levels in or about the building.	Requirement K1 applies only to stairs, ladders and ramps which form part of the building.
Protection from falling
K2. The following shall be provided with barriers where it is necessary to protect people in or about the building from falling— (a) any stairs, ramps, floors and balconies and any roof to which people have access, and (b) any light well, basement area or similar sunken area connected to a building.	Requirement K2(a) applies only to stairs and ramps which form part of the building.
Vehicle barriers and loading bays
K3.—(1) Vehicle ramps and any levels in a building to which vehicles have access, shall be provided with barriers where it is necessary to protect people in or about the building. (2) Vehicle loading bays shall be constructed in such a way, or to be provided with such features, as may be necessary to protect people in them from collision with vehicles.
Protection against impact with glazing
K4. Glazing, with which people are likely to come into contact while moving in or about the building, shall— (a) if broken on impact, break in a way which is unlikely to cause injury; or (b) resist impact without breaking; or (c) be shielded or protected from impact.
Protection from collision with open windows etc.
K5.1. Provision shall be made to prevent people from moving in or about the building from colliding with open windows, skylights or ventilators.	Requirement K5.1 does not apply to dwellings.
Manifestation of glazing
K5.2. Transparent glazing with which people are likely to come into contact while moving in and about the building, shall incorporate features which make it apparent.	Requirement K5.2 does not apply to dwellings.
Safe opening and closing of windows etc.
K5.3. Windows, skylights and ventilators which can be opened by people in or about the building shall be so constructed or equipped that they may be opened, closed or adjusted safely.	Requirement K5.3 does not apply to dwellings.
Safe access for cleaning windows etc.
K5.4. Provision shall be made for any windows, skylights or translucent walls, ceilings or roofs to be safely accessible for cleaning.	Requirement K5(4) does not apply to— (a) dwellings, or (b) any door or gate which is part of a lift.
Protection against impact from trapping by doors
K6.—(1) Provision shall be made to prevent any door or gate— (a) which slides or opens upwards, from falling onto any person; and (b) which is powered, from trapping any person. (2) Provision shall be made for powered doors and gates to be opened in the event of a power failure. (3) Provision shall be made to ensure a clear view of the space on either side of a swing door or gate.	Requirement K5(4) does not apply to— (a) dwellings, or (b) any door or gate which is part of a lift.]

[F2 PART N GLAZING—SAFETY IN RELATION TO IMPACT, OPENING AND CLEANING

Protection against impact
N1. Glazing, with which people are likely to come into contact whilst moving in or about the building shall— (a) if broken on impact, break in a way which is unlikely to cause injury; or (b) resist impact without breaking; or (c) be shielded or protected from impact.
Manifestation of glazing
N2. Transparent glazing, with which people are likely to come into contact while moving in or about the building, shall incorporate features which make it apparent.	Requirement N2 does not apply to dwellings.
Safe opening and closing of windows etc
N3. Windows, skylights and ventilators which can be opened by people in or about the building shall be so constructed or quipped that they may be opened, closed or adjusted safely.	Requirement N3 does not apply to dwellings.
Safe access for cleaning windows etc
N4. Provision shall be made for any windows, skylights, or ay transparent or translucent walls, ceilings or roofs to be safely accessible for cleaning.	Requirement N4 does not apply to— (a) dwellings; or (b) any transparent or translucent elements whose surfaces are not intended to be cleaned.]

Textual Amendments

F2 Sch. 1 Pt. N omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 27(b), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

Regulation 9

SCHEDULE 2 E+W Exempt Buildings and Work

CLASS 1 E+W

Buildings controlled under other legislation E+W

[F3 1.— (1) Any building in which explosives are manufactured or stored under a licence granted under the Explosives Regulations 2014 where—

(a) the whole building is used for that manufacture or storage, and either

(b) a minimum separation distance of greater than 0 metres is prescribed by virtue of regulation 27(1) of, and Schedule 5 to, those Regulations; or

(c) a minimum separation distance of 0 metres is prescribed by virtue of the provisions referred to in paragraph (b) and the assent of the local authority was required by regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations.

(2) Where only a part of a building is used for the manufacture or storage of explosives under a licence granted under the Explosives Regulations 2014 and —

(a) a minimum separation distance of greater than 0 metres is prescribed by virtue of regulation 27(1) of, and Schedule 5 to, those Regulations; or

(b) a minimum separation distance of 0 metres is prescribed by virtue of the provisions referred to in paragraph (a) and the assent of the local authority was required by regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations,

that part of the building where the licence specifies that that manufacture or storage may take place.]

Textual Amendments

F3 Sch. 2 Class 1 para. 1 substituted (1.10.2014) by The Explosives Regulations 2014 (S.I. 2014/1638), reg. 1(1), Sch. 13 para. 24

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 M1 is for the time being in force. E+W

Marginal Citations

M1 1965 c.57.

3.  A building included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979 M2 . E+W

Marginal Citations

M2 1979 c.46; section 1 was amended by Schedule 4 to the National Heritage Act 1983 (c.47).

CLASS 2 E+W

Buildings not frequented by people E+W

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— E+W

(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 E+W

Greenhouses and agricultural buildings E+W

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— E+W

(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. E+W

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

CLASS 4 E+W

Temporary buildings E+W

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

CLASS 5 E+W

Ancillary buildings E+W

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. E+W

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. E+W

CLASS 6 E+W

Small detached buildings E+W

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— E+W

(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. E+W

CLASS 7 E+W

Extensions E+W

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 [F4 Part K4, K5.1, K5.2, K5.3, and K5.4 ] of Schedule 1.

Textual Amendments

F4 Words in Sch. 2 substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 28, Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

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

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

F5 [F6 Column 1 Type of Work	Column 2 Person carrying out work
1. Installation of a heat-producing gas appliance. This paragraph does not apply to the provision of a masonry chimney.	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.
2. Installation of— (a) an oil-fired combustion appliance; or (b) oil storage tanks and the pipes connecting them to combustion appliances. This paragraph does not apply to the provision of a masonry chimney.	A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, Blue Flame Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, [F5 HETAS Limited], NAPIT Registration Limited, Oil Firing Technical Association Limited, or Stroma Certification Limited.
3. Installation of a solid fuel-burning combustion appliance other than a biomass appliance. This paragraph does not apply to the provision of a masonry chimney.	A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited, NAPIT Registration Limited, Oil Firing Technical Association Limited, or Stroma Certification Limited.
4. Installation of a heating or hot water system, or its associated controls.	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, or a person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Blue Flame Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited, NAPIT Registration Limited, Oil Firing Technical Association Limited, or Stroma Certification Limited.
5. Installation of a mechanical ventilation or air conditioning system or associated controls, in a building other than a dwelling, that does not involve work on a system shared with parts of the building occupied separately.	A person registered in respect of that type of work by Blue Flame Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, NAPIT Registration Limited, or Stroma Certification Limited.
6. Installation of an air conditioning or ventilation system in a dwelling, that does not involve work on a system shared with other dwellings.	A person registered in respect of that type of work by Blue Flame Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, NAPIT Registration Limited, or Stroma Certification Limited.
7. Installation of an energy efficient lighting system or electric heating system, or associated electrical controls, in buildings other than dwellings.	A person registered in respect of that type of work by Blue Flame Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, NAPIT Registration Limited, or Stroma Certification Limited.
8. Installation of fixed low or extra-low voltage electrical installations in dwellings.	A person registered in respect of that type of work by BSI Assurance UK Limited, Benchmark Certification Limited, Blue Flame Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, NAPIT Registration Limited, Oil Firing Technical Association Limited, or Stroma Certification Limited.
9. Installation of fixed low or extra-low voltage electrical installations in dwellings, as a necessary adjunct to or arising out of other work being carried out by the registered person.	A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Blue Flame Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, NAPIT Registration Limited, or Stroma Certification Limited.
10. Installation, as a replacement, of a window, rooflight, roof window or door in an existing dwelling.	A person registered in respect of that type of work by BM Trada Certification Limited, BSI Assurance UK Limited, Blue Flame Certification Limited, CERTASS Limited, Certsure LLP, by Fensa Limited under the Fenestration Self-Assessment Scheme, by NAPIT Registration Limited, Network VEKA Limited, or Stroma Certification Limited.
11. Installation, as a replacement, of a window, rooflight, roof window or door in an existing building other than a dwelling. This paragraph does not apply to glass which is load bearing or structural or which forms part of glazed curtain walling or a revolving door.	A person registered in respect of that type of work by BM Trada Certification Limited, Blue Flame Certification Limited, CERTASS Limited, Certsure LLP, by Fensa Limited under the Fenestration Self-Assessment Scheme, by NAPIT Registration Limited, Network VEKA Limited, or Stroma Certification Limited.
12. Installation of a sanitary convenience, sink, washbasin, bidet, fixed bath, shower or bathroom in a dwelling, that does not involve work on shared or underground drainage.	A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited, NAPIT Registration Limited, or Stroma Certification Limited.
13. Installation of a wholesome cold water supply or a softened wholesome cold water supply.	A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited, NAPIT Registration Limited, or Stroma Certification Limited.
14. Installation of a supply of non-wholesome water to a sanitary convenience fitted with a flushing device, that does not involve work on shared or underground drainage.	A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited, NAPIT Registration Limited, or Stroma Certification Limited.
15. Installation in a building of a system to produce electricity, heat or cooling— (a) by microgeneration; or (b) from renewable sources (as defined in Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources).	A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited, NAPIT Registration Limited, Oil Firing Technical Association Limited, or Stroma Certification Limited.
16. 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 in respect of that type of work by NAPIT Registration Limited or the National Federation of Roofing Contractors Limited.
17. Insertion of insulating material into the cavity walls of an existing building.	A person registered in respect of that type of work by Blue Flame Certification Limited, CERTASS Limited, [F5 The] Cavity Insulation Guarantee Agency [F5 Limited] under the Cavity Wall Insulation Self Certification Scheme, by Certsure LLP, NAPIT Registration Limited, or Stroma Certification Limited.
18. Installation of insulating material to the internal walls of a building, not including the installation of flexible thermal linings.	A person registered in respect of that type of work by Blue Flame Certification Limited, British Board of Agrément, CERTASS Limited, Certsure LLP, NAPIT Registration Limited, or Stroma Certification Limited.
19. Installation of insulating material to the external walls of a building, not including insulation of demountable-clad buildings.	A person registered in respect of that type of work by Blue Flame Certification Limited, British Board of Agrément, CERTASS Limited, Certsure LLP, NAPIT Registration Limited, or Stroma Certification Limited.
20. Installation of insulating material to the external and internal walls of a building (“hybrid insulation”), not including insulation of demountable-clad buildings, and not including the installation of flexible thermal linings.	A person registered in respect of that type of work by Blue Flame Certification Limited, British Board of Agrément, CERTASS Limited, Certsure LLP, NAPIT Registration Limited or Stroma Certification Limited.]

Textual Amendments

F5 Sch. 3 Table substituted (except for the reference to "HETAS Limited" in column 2 of para. 2) (with minor differences in punctuation and a reference to "The Cavity Insulation Guarantee Agency" rather than "Cavity Insulation Guarantee Agency Limited" in column 2 of para. 17) (W. for remaining purposes) (31.7.2015) by The Building (Amendment) (Wales) Regulations 2015 (S.I. 2015/1486), regs. 1(3)(a), 3, Sch. (with reg. 1(2))

F6 Sch. 3 Table substituted (E., but only in relation to excepted energy buildings in W.) (18.4.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), reg. 1(4)(a), Sch. 1 (with reg. 1(3))

Regulations 12(6)(c)and 20A(1)

[F7 SCHEDULE 3A E+W Third Party Certification Schemes and Exemptions from Requirement to Give Building Notice or Deposit Full Plans

Textual Amendments

F7 Sch. 3A inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 2(10), Sch. Pt. 2 (with reg. 1(3))

Column 1 Type of work	Column 2 Person inspecting work
Electrical installations in dwellings.	A person registered in respect of that type of work by F8 ... NAPIT Registration Limited, or Stroma Certification Limited.]

Textual Amendments

F8 Words in Sch. 3A omitted (E., but only in relation to excepted energy buildings in W.) (1.10.2014) by virtue of The Building (Amendment) Regulations 2014 (S.I. 2014/2362), regs. 1(4), 2(3) (with reg. 1(3))

Regulation 12(6)(b)

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

1.  Work consisting of— E+W

[F9 (a) replacing any fixed electrical equipment which does not include the provision of—

(i) any new fixed cabling, or

(ii) a consumer unit;]

[F9 (b) replacing a damaged cable for a single circuit only;]

[F9 (c) re-fixing or replacing enclosures of existing installation components, where the circuit protective measures are unaffected;]

[F9 (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;]

[F9 (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 [F10 testing] 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 [F11 (other than a fixed flueless gas cooker)],

(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 [F12 12(6)(b)] [F12 12(6A)],

(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.

Textual Amendments

F9 Sch. 4 para. 1(a)-(e) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 32(a)(i), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

F10 Word in Sch. 4 para. 1(f) substituted (15.7.2011) by The Building (Amendment) Regulations 2011 (S.I. 2011/1515), regs. 1(2), 3(6)

F11 Words in Sch. 4 para. 1(g)(i) added (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 2(11)(a) (with reg. 1(3))

F12 Word in Sch. 4 para. 1(g)(ii) substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 2(11)(b) (with reg. 1(3))

[F13 2.   Work which— E+W

(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.]

Textual Amendments

F13 Sch. 4 para. 2 omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 32(a)(ii), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

[F14 3.   Work on— E+W

(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.]

Textual Amendments

F14 Sch. 4 para. 3 omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 32(a)(iii), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

[F15 3A.   Installation of thermal insulation to suspended timber floors where the work— E+W

(a) consists of the installation of such insulation only; and

(b) the work is not carried out in order to comply with any requirements of these Regulations.]

Textual Amendments

F15 Sch. 4 para. 3A inserted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 32(b), Sch. 1 (with regs. 1(3), 45-47)

Sch. 4 para. 3A inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 28 (with reg. 1(2)(3))

4.  For the purposes of this Schedule— E+W

[F16 “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;

[F16 “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;]

[F16 “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.]

Textual Amendments

F16 Words in Sch. 4 para. 4 omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 32(a)(iv), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

Regulation 29(4)(e)

[F17 SCHEDULE 4A E+W Green deal information

Textual Amendments

F17 Sch. 4A inserted (27.1.2013) by The Energy Performance of Buildings (England and Wales) etc. (Amendment) Regulations 2013 (S.I. 2013/10), regs. 1(1), 6, Sch. 1

PART 1 E+W Green deal information to be included in energy performance certificates

1.   The information about a green deal plan to be included in an energy performance certificate in accordance with regulation 29(4)(e) of these Regulations is specified in paragraphs 2 to 26. E+W

2.   The date on which the energy performance certificate ceases to be valid for the purposes of complying with the green deal disclosure obligations in accordance with regulation 29(9A). E+W

3.   A statement indicating that a new energy performance certificate should be obtained from the register after the date referred to in paragraph 2. E+W

4.   A statement— E+W

(a) indicating that improvements have been installed at the green deal property under a green deal plan;

(b) indicating that the person responsible for paying the electricity bill at the green deal property (“the electricity bill payer”) is required to—

(i) make the payments in instalments agreed in the green deal plan; and

(ii) comply with the terms and conditions of the green deal plan; and

(c) advising the person receiving the energy performance certificate to—

(i) obtain a copy of the green deal plan; and

(ii) become familiar with its contents.

5.   A statement indicating— E+W

(a) that a green deal plan is a type of unsecured loan; and

(b) whether or not the green deal plan is a regulated consumer credit agreement.

6.   Where the green deal plan is a regulated consumer credit agreement, a statement indicating that— E+W

(a) the Consumer Credit Act 1974 provides certain protections to the person who is required to make the payments in instalments agreed in the green deal plan;

(b) voluntary early repayment of outstanding credit is permitted but that charges may apply; and

(c) details of the matters referred to in sub-paragraph (b) can be found in the green deal plan.

7.   Where the green deal plan is not a regulated consumer credit agreement, a statement indicating that— E+W

(a) voluntary early repayment of outstanding credit may be permitted by the terms and conditions of the green deal plan;

(b) where voluntary early repayment of outstanding credit is permitted, charges may apply to such a repayment; and

(c) details of the matters referred to in sub-paragraphs (a) and (b) can be found in the green deal plan.

8.   A statement indicating that— E+W

(a) the outstanding credit under the green deal plan may have to be repaid early before—

(i) the electricity supply to the green deal property can be permanently disconnected; or

(ii) the green deal property can be demolished; and

(b) details of the matters referred to in sub-paragraph (a) can be obtained from the green deal provider.

9.   Where a term has been included in a green deal plan pursuant to regulation 38 of the Green Deal Framework Regulations, a statement indicating that the green deal provider may be entitled to require early repayment of outstanding credit from a person who is (or has been) required to make the payments in instalments agreed in the green deal plan. E+W

10.   The unique reference number assigned to the green deal plan. E+W

11.   The name of the person (“G”) who is the green deal provider under the green deal plan. E+W

12.   G’s electronic mail address and telephone number. E+W

13.   The date on which the payment period starts and the date on which it finishes. E+W

14.   The amount payable under the green deal plan— E+W

(a) per day; and

(b) per annum.

15.   The rate of interest charged under the green deal plan. E+W

16.   A statement indicating whether the interest rate charged under the green deal plan will be fixed for the payment period or will vary. E+W

17.   Where, in accordance with regulation 33(b) of the Green Deal Framework Regulations, the green deal plan provides for the improvement specific instalments to increase during the payment period, a statement indicating by how much and when the instalments will increase. E+W

18.   The estimated first year savings. E+W

19.   Where the green deal property is a domestic property, a statement indicating that— E+W

(a) the estimated first year savings are based on—

(i) the assessment of the property that was carried out by the green deal assessor at the time the green deal plan was entered into;

(ii) the improvements installed under the green deal plan;

(iii) typical energy use for the green deal property; and

(iv) current energy prices; and

(b) a low user of energy may not achieve the estimated first year savings.

20.   Where the green deal property is a non-domestic property, a statement indicating that— E+W

(a) the estimated first year savings are based on—

(i) a standard assessment methodology; and

(ii) the use of the green deal property at the time the green deal assessment was carried out; and

(b) the estimated first year savings may not be achieved if—

(i) the green deal property is used in a manner which is different to the use of the property at the time the green deal assessment was carried out; and

(ii) the recommendations in the green deal assessment regarding energy use at the green deal property are not implemented.

21.   In respect of each improvement installed at the green deal property under the green deal plan— E+W

(a) a description that is sufficient to identify the improvement; and

(b) the month and year in which the improvement specific payment period finishes.

22.   A statement advising the person receiving the energy performance certificate— E+W

(a) to check whether the improvements installed at the green deal property under the green deal plan—

(i) remain installed;

(ii) might have been affected by alterations made to the green deal property; and

(iii) have been maintained in accordance with advice provided by the green deal provider;

(b) if they become the electricity bill payer, to contact the person who supplies electricity to the green deal property;

(c) if they become the electricity bill payer, to contact the green deal provider if they—

(i) intend to alter the green deal property in a manner which might affect the operation of the improvements; or

(ii) become aware that such alterations have been made.

23.   A statement indicating that— E+W

(a) the improvements installed under the green deal plan are, under that plan, guaranteed for at least five years; and

(b) the guarantee provided under the green deal plan may be subject to maintenance and servicing requirements.

24.   A statement indicating that further information is contained in the green deal plan or can be obtained from the green deal provider. E+W

25.   Where G knows or has reasonable cause to believe that an improvement installed at the green deal property under a green deal plan has been removed from the property before the end of the improvement-specific payment period, the following form of wording— E+W

• “Improvements installed under the green deal plan may have been removed from the property. You may not realise the estimated savings shown in this EPC. You are advised to check the position with the owner.”

26.   Where G knows or has reasonable cause to believe that an alteration has been made to the green deal property which, had it existed when the estimated first year savings were calculated, would have affected that calculation materially, the following form of wording— E+W

• “The property may have been altered in a way which affects the operation of the improvements installed under the green deal plan. You may not realise the estimated savings shown in this EPC. You are advised to check the position with the owner.”

PART 2 E+W Interpretation

In this Schedule—

“domestic property” has the meaning given in regulation 2(1) of the Green Deal Framework Regulations;

“estimated first year savings” has the meaning given in regulation 27(1) of the Green Deal Framework Regulations;

“green deal assessment” means, in respect of a green deal property, the assessment carried out by a green deal assessor in accordance with the requirements of regulation 7 of the Green Deal Framework Regulations before the green deal plan was entered into;

“green deal assessor” means a person who is authorised as a green deal assessor by the Secretary of State in accordance with Part 2 of the Green Deal Framework Regulations;

“green deal plan” has the meaning given in section 1 of the Energy Act 2011;

“green deal provider” means a person who is authorised as a green deal provider by the Secretary of State in accordance with Part 2 of the Green Deal Framework Regulations;

“improvement” has the meaning given in regulation 2(1) of the Green Deal Framework Regulations;

“improvement specific instalments” has the meaning given in regulation 30(3)(c) of the Green Deal Framework Regulations;

“improvement-specific payment period” has the meaning given in regulation 30(3)(d) of the Green Deal Framework Regulations;

“non-domestic property” has the meaning given in regulation 2(1) of the Green Deal Framework Regulations; and

“regulated consumer credit agreement” has the meaning given in section 8 of the Consumer Credit Act 1974.]

Regulation 54(1)

SCHEDULE 5 E+W Revocation of Regulations

Regulations revoked	References	Extent of revocation
The Building Regulations 2000	S.I. 2000/2531	The whole Regulations.
The Building (Amendment) Regulations 2001	S.I. 2001/3335	Regulation 2, regulation 4 in so far as it relates to regulation 2 and the Schedule.
The Building (Amendment) Regulations 2002	S.I. 2002/440	Regulations 2 and 3 and the Schedule.
The Building (Amendment) (No. 2) Regulations 2002	S.I. 2002/2871	The whole Regulations.
The Building (Amendment) Regulations 2003	S.I. 2003/2692	The whole Regulations.
The Building and Building (Approved Inspectors etc.) (Amendment) Regulations 2003	S.I. 2003/3133	The whole Regulations.
The Building (Amendment) Regulations 2004	S.I. 2004/1465	The whole Regulations.
The Building (Amendment) (No. 3) Regulations 2004	S.I. 2004/3210	The whole Regulations.
The Building and Approved Inspectors (Amendment) Regulations 2006	S.I. 2006/652	The whole Regulations.
The Building and Approved Inspectors (Amendment) (No. 2) Regulations 2006	S.I. 2006/3318	The whole Regulations.
F18 ...	F18 ...	F18 ...
The Building and Approved Inspectors (Amendment) Regulations 2007	S.I. 2007/3384	The whole Regulations.
The Building (Amendment) Regulations 2008	S.I. 2008/671	The whole Regulations.
The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment No. 2) Regulations 2008	S.I. 2008/2363	Regulation 3.
The Building (Amendment) Regulations 2009	S.I. 2009/466	The whole Regulations.
The Building and Approved Inspectors (Amendment) Regulations 2009	S.I. 2009/1219	The whole Regulations.
The Building (Amendment No. 2) Regulations 2009	S.I. 2009/2397	The whole Regulations.
The Building and Approved Inspectors (Amendment No. 2) Regulations 2009	S.I. 2009/2465	The whole Regulations.
The Building and Approved Inspectors (Amendment) Regulations 2010	S.I. 2010/719	The whole Regulations.

Textual Amendments

F18 Sch. 5 revoked in part (9.1.2013) by The Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012/3118), reg. 1(4), Sch. 3 (with reg. 44)

Regulation 54(2)

SCHEDULE 6 E+W Consequential Amendments

1.  In the Building (Local Authority Charges) Regulations 2010 M3 — E+W

(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 ”.

Marginal Citations

M3 S.I. 2010/404.

F19 2.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F19 Sch. 6 para. 2 revoked (9.1.2013) by The Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012/3118), reg. 1(4), Sch. 3 (with reg. 44)