Building Regulations (Northern Ireland) 2000

Explanatory Note

(This note is not part of the Regulations.)

These Regulations revoke and replace with amendments the Building Regulations (Northern Ireland) 1994 (“the 1994 Regulations”), and all subsequent amending Regulations. They impose certain mandatory requirements (called functional or performance requirements) in relation to—

(a) the construction of any building and to certain services and fittings in conjunction with any building;

(b) the structural alteration or extension of any building; and

(c) any building undergoing a material change of use.

They come into operation on 1st April 2001, but do not apply in relation to work which has been completed, or for which plans have been deposited with a district council, before that date.

As in the previous Building Regulations, each Part of these Regulations is identified by a capital letter and the regulations within each Part are identified by the appropriate letter and by numbers which run from “l” within each Part.

Most of the mandatory requirements of the Regulations are complemented by provisions which describe methods or materials which are deemed to satisfy the relevant functional or performance requirements. These provisions (called “deemed-to-satisfy provisions” and printed in italics) make extensive use of British Standards, British Standard Codes of Practice and, where relevant Technical Booklets published by Northern Ireland Departments. In addition—

(a) any products designed and manufactured in accordance with a European Council Directive relating to a particular purpose shall be deemed to satisfy the requirements of these Regulations insofar as they relate to that purpose; and

(b) any products designed and manufactured in accordance with—

(i) any national technical specification of a state within the European Economic Area;

(ii) any relevant international standard recognised for use within such a state;

(iii) any appropriate traditional procedures of manufacture used within such a state; and

(iv) any European Technical Approvals issued in accordance with Directive 89/106/EEC,

which give an equivalent standard of protection and performance to the relevant British Standard or British Code of Practice will also be deemed to satisfy the relevant requirements of these Regulations.

These provisions do not preclude use of other methods or materials which will satisfy the functional requirements (regulation A3).

These Regulations were notified in draft to the European Commission in accordance with Directive 98/34/EC.

These Regulations introduce a change of format of Parts B to V to aid the recognition of harmonised European Standards which will be produced to replace the British Standards currently referred to in the Regulations. Instead of being contained within each Part of the regulations the documents containing the deemed-to-satisfy standards are now set out in tabular form in the new Schedule 5.

Apart from the change of format, the principal changes from the 1994 Regulations are—

1.  In Part B (Materials and workmanship) the definition of materials has been expanded to encourage the consideration of environmental aspects.

2.  In Part C (Preparation of site and resistance to moisture) the area in which new dwellings require measures to limit the ingress of radon has been extended. The radon affected area is indicated on the map in Schedule 3.

3.  In Part E (Fire safety) the deemed-to-satisfy references for means of escape (regulation E2) have been updated.

4.  In Part H (retitled Stairs, ramps, guarding and protection from impact) the scope has been extended to reflect the requirements of the Workplace (Health, Safety and Welfare) Regulations (NI) 1993. The main changes are—

(a) the introduction of new requirements for areas used for maintenance and vehicle loading bays (regulation H5); and

(b) the introduction of requirements to reduce the risk of people injuring themselves from impact or trapping by doors or collision with open windows, skylights or ventilators (regulations H6 and H7).

5.  In Part P (Sanitary appliances and unvented hot water storage systems) restrictions preventing sanitary accommodation opening directly from kitchens have been limited to buildings other than dwellings and the regulations have been extended to require sanitary accommodation which opens directly from a kitchen to contain a wash hand basin (regulation P4).

6.  In Part R (Access and facilities for disabled people) the regulations have been extended to require new dwellings to have access and facilities to enable disabled people to visit. The main changes are to require—

(a) means of access suitable for disabled people to dwellings and to the common entrances of blocks of flats;

(b) means of circulation for disabled people within the entrance storey of dwellings (or the principal storey if there are no habitable rooms in the entrance storey);

(c) wc facilities for disabled people on the entrance storey of dwellings (or the principal storey);

(d) suitable facilities for disabled people in lifts where they are provided in blocks of flats; and

(e) switches and socket outlets to be located at suitable heights for disabled people.

7.  In Part V (Glazing) the scope has been extended to reflect the requirements of the Workplace (Health, Safety and Welfare) Regulations (NI) 1993. The main changes are new requirements to reduce the risk of people injuring themselves when they are opening or closing windows and when cleaning windows or glazed surfaces (regulations V4 and V5).

Other minor and consequential amendments have been made including the necessary changes to take account of amendments to DOE (NI) Technical Booklets and revised editions of Technical Booklets, British Standards and other publications.

A regulatory impact assessment has been carried out in respect of the change of format introduced by these Regulations and the principal changes from the 1994 Regulations. The Regulatory Impact Assessment publication can be obtained from—

• The Department of Finance and Personnel, Accommodation and Construction Division, River House, 48 High Street, Belfast BT1 2AW.

The publications referred to in these Regulations may be purchased from the following sources—

(a) British Standards and British Standard Codes of Practice from the Sales Department, British Standards Institution, Linford Wood, Milton Keynes MK14 6LE;

(b) The Government’s Standard Assessment Procedure for Energy Rating of Dwellings: 1998 edition, from the Building Research Establishment, Garston, Watford WD2 7JR;

(c) Radon: guidance on protective measures for new dwellings in Northern Ireland from Construction Research Communications Ltd, PO Box 202, Bucknalls Lane, Garston, Watford, WD2 7QG;

(d) CIBSE Guides from CIBSE Publications Department, Delta House, 222 Balham High Road, London SW12 9BS; and

(e) all other publications from branches of The Stationery Office.

If any works to which these Regulations apply contravene these Regulations, the district council in whose areas those works are being or have been done may by notice served on the owner under Article 18(1) of the Order require him to pull down or remove those works, or, if he so elects and the council so agrees, to effect such alterations or additions therein as are necessary to make the works comply with the requirements of these Regulations.

Any person who contravenes any provisions contained in these Regulations or a notice under Article 18(1) of the Order is guilty of an offence under the Order and is liable on summary conviction to a fine not exceeding level 5 on the standard scale of fines and penalties (presently £2,000) and to a further fine not exceeding £50 for each day during which the offence continues after conviction therefor.

INDEX TO SUBJECTS

(This index is not part of the Regulations)

Abbreviations
list of	A2
Access for disabled people
regulations regarding	Part R
Access for cleaning glazing
regulations regarding	V5, V6
Agriculture
buildings – exemption	Schedule 1
definition of	A2
Air supply for combustion
regulations regarding	L2, L6
Alterations and extensions
application of regulations to	A7
definition (see Building work) notices of	A10, A11
transitional provisions	A4
Appeals
procedure	A18
(see also Dispensation or relaxation)
Artificial lighting systems
regulations regarding	F3, F5
Assembly building
definition of	E1
Audience or spectator seating
regulations regarding	R4, R5
Balcony
definition of	H1
guarding of	H4, H8
open access	Part G
Bath
provision of	P2
Boundary
definition of	A2
British Standards
as deemed-to-satisfy provision	Schedule 5
list of	Schedule 6
references to	A2
Builder
definition of	A11
Building notice
regulations regarding	A10,
	Schedule 2
Building work
definition of	A2
exemptions	A5
notices and plans	A10
(see also Provision of a service or fitting)
Carport
(see Garage)
Cesspools
regulation regarding	N6
Change of use
(see Material change of use)
Chimney
definition of	L1
regulations regarding	Part L
Chutes
refuse disposal	Part J
Clean Air Order
reference to	L3
Collapse
(see Disproportionate collapse)
Completion Certificate
regulation regarding	A13
Concrete
notice of	A11, Schedule 2
Condensation
regulations regarding	C5, C6
Conservation of fuel and power
regulations regarding	Part F
Conservatory
definition of	A2
exemption from
regulation	Schedule 1
Construction Products Directive
definition of	A2
Damp-proof course
notice of	A11, Schedule 2
Dangerous and harmful substances
definition of	C1
regulation regarding	C2
(see also Harmful substances)
Deemed-to-satisfy provisions
interpretation	A3
Disabled people
access and facilities for	Part R
definition of	R1
Dispensation or relaxation
application for	A17
exercise of power	A16
(see also Appeals)
Disproportionate collapse
regulations regarding	D2, D3
District council
definition of	A2
giving of notices and plans to	A10, A11, Schedule 2
Drain
definition of	A2
notices and plans	A10, A11
testing	A14
Drainage
generally	Part N
notices and plans	Schedule 2
subsoil	C3
Ducts
definition of	F1
thermal insulation of	F4, F5
Dwelling
definition of	A2
Dwellinghouse
definition of	E1
Educational building
definition of	A2
Entrance storey
definition of	R1
Erection of a building
application of regulations to	A6
definition of	A2
giving of notices and plans	A10, Schedule 2
European Technical Approval
definition of	A2
Exempted building
definition of	A2
regulation regarding	A5
Extensions and alterations
application of regulations to	A7
definition of	A2
notices and plans	A10,
	Schedule 2
External fire spread
regulations regarding	E5, E7
Facilities for disabled people
regulations regarding	Part R
Facilities for the Fire Brigade
regulations regarding	E6, E7
Fire safety
regulations regarding	Part E
Fireplace recesses
regulations regarding	L2, L6
Flat
definition of	E1
(see also Dwelling)
Flight (stair)
definition of	H1
regulations regarding	Part H
Floor area
definition of	A2
Flue
definition of	L1
regulations regarding	L2, L6
Flue pipe
definition of	L1
regulations regarding	L2, L6
Foul water
definition of	N1
(see Drainage)
Foundations
notice of	A11
Gallery
(see Balcony)
Garage
definition of	A2
Gas (LPG) installations
regulations regarding	Part L
Glazing
regulations regarding	Part V
Greenhouse
exemption from
regulations	Schedule 1
Ground moisture
resistance to	C4, C6
Guarding
stair, ramp, balcony, etc	H4, H8
Habitable room
definition of	A2
Harmful substances
regulations regarding	B1, B2
(see Dangerous and harmful substances)
Harmonised standard
definition of	A2
Hearths
regulations regarding	L2, L6
Heating controls
regulations regarding	F3, F5
Heating system
(see Space heating system)
Heat-producing appliances
regulations regarding	L2, L6
Hoppers
(see Waste chute system)
Impact with glazing
regulations regarding	V2, V6
Incinerators
regulation regarding	L2
Insulation
regulations regarding sound	Part G
regulations regarding thermal	Part F
Internal linings
definition of	E1
Internal fire spread – Linings
regulations regarding	E3, E7
Internal fire spread – Structure
regulations regarding	E4, E7
Key element
	Table D
Kitchen purposes
definition of	A2
Ladder
definition of	H1
Landing
definition of	H1
guarding of	H4, H8
regulations regarding	H3, H4, H8
Liquefied petroleum gas (LPG)
definition of	L1
regulations regarding	Part L
Loading
dead, imposed and wind	D1, Schedule 4
Macerators
regulations regarding	P2, P3
Maisonette
definition of	E1
(see also Dwelling)
Material change of use
application of regulations to	A9
definition of	A2
notices and plans	A10, Schedule 2
Materials
interpretation	B1
fitness of	B2, B6
periodic maintenance	B3
sampling of	A15
suitability of certain	B3
Means of escape in case of fire
provision of	E2, E7
Moisture
(see Ground moisture)
Notices
commencement and completion of certain stages of work	A11
giving of	A10, A11, Schedule 2
Open access balcony
(see Balcony)
Opening and closing of windows
regulations regarding	V4, V6
Partially exempted building
(see Exemptions)
Pipes
thermal insulation of	F4, F5
Plans
deposit of	A10, Schedule 2
Porch
definition of	A2
exemption from regulations	Schedule 1
Preparation of site
regulation regarding	C2
Preservative treatment of timber
regulations regarding	B5, B6
Prevention of smoke emission
regulation regarding	L3
Principal entrance
definition of	R1
Principal storey
definition of	R1
Private sewer
definition of	A2
notices and plans	A11
testing of	A14
Protection against impact
regulations regarding	H6, H8
Protection from collision
regulations regarding	H7, H8
Provision of a service or fitting
application of regulations to	A8
definition of	A2
Public building
definition of	A2
Publications
reference to other	A2, Schedule 6
Radon
regulations regarding	C2, C6
map	Schedule 3
Rain-water drainage
definition of	N1
regulations regarding	N5, N7
Ramp
definition of	H1
guarding to	H4, H8
regulations regarding	H3, H8
Recycled materials
(see Materials)
Refuse disposal
regulations regarding	Part J
Regularisation certificate
definition of	A2
regulation regarding	A12
Relaxation or dispensation
application for	A17
exercise of power	A16
(see also Appeals)
Relevant work
definition of	B1
regulation regarding	B2
Residential health care building
definition of	E1
Revocations
list of	A19
Sampling of materials
regulation regarding	A15
Sanitary accommodation
definition of	P1
provision for the disabled	R3, R5
ventilation	K2, K4
Sanitary appliance
definition of	P1
regulations regarding	P2, P3
Sanitary convenience
definition of	R1
regulations regarding	R3, R5
Sanitary pipework
regulations regarding	N3, N7
SAP energy rating
definition of	A2
Separating floor
definition of	G1
sound insulation of	G2, G3, G4
Separating wall
definition of	G1
sound insulation of	G2, G3, G4
Septic tanks
regulations regarding	A2, N6
Sewer
definition of	A2
Shop
definition of	A2
Shopping complex
definition of	E1
Shower
provision of	P2
Single storey building
definition of	A2
Site
definition of	A2
preparation of	Part C
Smoke
prevention of emission	L3
Solid waste in buildings
regulations regarding	Part J
Sound insulation
regulations regarding	Part G
Spectator accommodation
definition of	E1
facilities for disabled people	R4
Space heating system
appliances, flues etc	Part L
energy conservation	Part F
Stability
regulations regarding	D1, D3
Stairs
definition of	H1
guarding	H4, H8
provision of	H2
regulations regarding	H3, H4, H8
Statutory provision
definition of	A2
Statutory undertaking
definition of	A2
exemption	A5
Storage vessels
thermal insulation of	F4, F5
Structure
disproportionate collapse	D2, D3
loading	D1, Schedule 4
stability	D1, D3
internal fire spread	E4, E7
Structural alteration
definition of	A2
Subsoil drainage
regulation regarding	C3
Substantive requirements
definition of	A2
Symbols
list of	A2
Testing
drains and private sewers	A14
technical competence	A2
Thermal insulation
of buildings	F2, F5
of pipes, ducts, and
storage vessels	F4, F5
Transitional provisions
regulation regarding	A4
Transparent glazing
regulations regarding	V3, V6
Under former control
definition of	A2
Underground foul drainage
definition of	N1
regulations regarding	N4, N7
Unvented hot water systems
regulations regarding	P5, P6
Urea formaldehyde foam
regulations regarding	B4, B6
Urinal
definition of	P1
regulation regarding	P3
Vehicle barriers
regulations regarding	H4, H8
Vehicle loading bay
regulations regarding	H5, H8
Ventilation
regulations regarding	Part K
waste chute	J3, J4
drainage system	Part N
Wall
external fire spread	E5, E7
moisture resistance	Part C
sound insulation of	Part G
thermal insulation of	Part F
Wash-hand basin
provision of	P2
Waste chute
regulations regarding	J3, J4
Waste storage
regulations regarding	J2, J4
Water closet
definition of	P1
provision of	P2
Weather resistance
regulations regarding	C4, C6
Work
relevant work-meaning of	B1
transitional provisions	A4
Workmanship
fitness of	B2, B6
Work of public utility
definition of	A2