(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