5.—(1) Without prejudice to the generality of Article 3(1) building regulations may—
(a)classify buildings by reference to size, design, purpose, location or any other description whatsoever;
(b)provide for particular requirements of the regulations to be deemed to be complied with where prescribed methods of construction, prescribed types of materials or other prescribed means are used in or in connection with buildings;
(c)be framed to any extent by reference to a document published[F1 (whether before or after the making of the regulations)] by or on behalf of the Department or any other person, or by reference to the approval or satisfaction of any prescribed person;
(d)make provision with respect to buildings or parts of buildings, together with any services, fittings or equipment provided in or in connection therewith, in cases where the purposes for which or the manner or circumstances in which a building or part of a building is used change in a way that constitutes a material change of use of the building or part within the meaning of the expression “material change of use” as defined for the purposes of this sub-paragraph by building regulations;
(e)make a prescribed person or class of persons (instead of district councils) responsible for performing prescribed functions of district councils under or in connection with building regulations, and for that purpose provide for any prescribed transferred provision relating to building regulations and any prescribed provision of such regulations to apply (with any prescribed modifications) in relation to a prescribed person or a person of a prescribed class as that transferred provision or provision applies in relation to a district council.
(2) Building regulations may exempt from all or any of the provisions of building regulations any prescribed class of buildings, services, fittings or equipment.
(3) Building regulations shall provide in appropriate cases for the deposit of plans with district councils and the serving of notices on district councils.
(4) Before amending any building regulations the Department shall consult the Advisory Committee and such other bodies as appear to the Department to be representative of the interests concerned.
(5) Requirements specified in any building regulations shall be such as in the opinion of the Department can reasonably be expected to be attained in buildings of the classes to which they relate, [F2 having regard to the need to—
(a)secure the health, safety, welfare and convenience of persons in or about buildings and of others who may be affected by buildings or matters connected with buildings;
(b)further the conservation of fuel and power;
(c)further the protection and enhancement of the environment; and
(d)promote sustainable development.]
F2Words in art. 5(5) substituted (31.8.2009) by Building Regulations (Amendment) Act (Northern Ireland) 2009 (c. 4), ss. 4(c), 15(4); S.R. 2009/272, art. 2(d)