Explanatory Note
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 |