http://www.legislation.gov.uk/nisr/2006/440The Building (Amendment No. 2) Regulations (Northern Ireland) 2006Building regulationsBuilding and constructionListed buildingsBuilding control servicesBuilding alterationsBUILDING REGULATIONSStatute Law Database2024-03-22Expert Participation2012-10-31 These Regulations amend the Building Regulations (Northern Ireland) 2000 as amended by the Building (Amendment) Regulations (Northern Ireland) 2005 and the Building (Amendment) Regulations (Northern Ireland) 2006 (the principal Regulations) and revoke in part the Building (Amendment) Regulations (Northern Ireland) 2006 (the Amendment Regulations). 2006 No. 440<Repeal ChangeId="key-79e10279c859e5eb7baba0eba25d4024-1711109649627" CommentaryRef="key-79e10279c859e5eb7baba0eba25d4024" RetainText="true">BUILDING REGULATIONS</Repeal><Repeal ChangeId="key-79e10279c859e5eb7baba0eba25d4024-1711109649627" CommentaryRef="key-79e10279c859e5eb7baba0eba25d4024" RetainText="true">The Building (Amendment </Repeal><Abbreviation Expansion="Number"><Repeal ChangeId="key-79e10279c859e5eb7baba0eba25d4024-1711109649627" CommentaryRef="key-79e10279c859e5eb7baba0eba25d4024" RetainText="true">No.</Repeal></Abbreviation><Repeal ChangeId="key-79e10279c859e5eb7baba0eba25d4024-1711109649627" CommentaryRef="key-79e10279c859e5eb7baba0eba25d4024" RetainText="true"> 2) Regulations (Northern Ireland) 2006</Repeal>Made9th November 2006Coming into operation30th November 2006The Department of Finance and Personnel makes the following Regulations in exercise of the powers conferred by Articles 3, 5(1), (2) and (3) of, and paragraphs 2, 6, 9, 13, 16, 17, 18, 21 and 22 of Schedule 1 to the Building Regulations (Northern Ireland) Order 1979 and now vested in it, and after consultation with the Building Regulations Advisory Committee and such other bodies as appear to be representative of the interests concerned. <Repeal ChangeId="key-79e10279c859e5eb7baba0eba25d4024-1711109649627" CommentaryRef="key-79e10279c859e5eb7baba0eba25d4024" RetainText="true">Citation and commencement</Repeal>1These Regulations may be cited as the Building (Amendment No. 2) Regulations (Northern Ireland) 2006 and shall come into operation on 30th November 2006.<Repeal ChangeId="key-79e10279c859e5eb7baba0eba25d4024-1711109649627" CommentaryRef="key-79e10279c859e5eb7baba0eba25d4024" RetainText="true">Interpretation</Repeal>2In these Regulations “the principal Regulations” means the Building Regulations (Northern Ireland) 2000.<Repeal ChangeId="key-79e10279c859e5eb7baba0eba25d4024-1711109649627" CommentaryRef="key-79e10279c859e5eb7baba0eba25d4024" RetainText="true">Transitional provisions</Repeal>31The principal Regulations shall continue to apply to—aplans deposited or a building notice given in accordance with the principal Regulations before the commencement of these Regulations;bbuilding work carried out in accordance with such plans or such a building notice with or without any departure or deviation from those plans or that building notice; andcbuilding work completed before the commencement of these Regulations,as if the amendments effected by these Regulations had not been made.2In paragraph (1)—a“building notice” means a notice given under regulation A10 (Giving of notices and deposit of plans) of the principal Regulations; andb“building work” has the same meaning as in the principal Regulations.<Repeal ChangeId="key-79e10279c859e5eb7baba0eba25d4024-1711109649627" CommentaryRef="key-79e10279c859e5eb7baba0eba25d4024" RetainText="true">Amendment of the </Repeal><Repeal ChangeId="key-79e10279c859e5eb7baba0eba25d4024-1711109649627" CommentaryRef="key-79e10279c859e5eb7baba0eba25d4024" RetainText="true">principal Regulations</Repeal>4The principal Regulations shall be amended as provided in regulations 5 and 6.<Repeal ChangeId="key-79e10279c859e5eb7baba0eba25d4024-1711109649627" CommentaryRef="key-79e10279c859e5eb7baba0eba25d4024" RetainText="true">Amendment of Part A (Interpretation and general)</Repeal>51In paragraph 1 of regulation A2 (Interpretation)—aafter the definition “AGRICULTURE” there shall be inserted—BER means the Building carbon dioxide Emissions Rate measured in kilograms of carbon dioxide per square metre of floor area per year;;bafter the definition “DEPARTMENT” there shall be inserted—DER means the Dwelling carbon dioxide Emissions Rate measured in kilograms of carbon dioxide per square metre of floor area per year;;cafter the definition “EXEMPTED BUILDING” there shall be inserted—FIXED BUILDING SERVICE means any part of, or any controls associated with—fixed internal or external lighting systems, but does not include emergency escape lighting or specialist process lighting; orfixed systems for heating, hot water services, air conditioning or mechanical ventilation;;dafter the definition “SUBSTANTIVE REQUIREMENTS” there shall be inserted—TER means the Target carbon dioxide Emissions Rate measured in kilograms of carbon dioxide per square metre of floor area per year;;ein the definition “THERMAL ELEMENT”, for the word “separate” there shall be substituted “separates”; andfafter the definition “THERMAL ELEMENT” there shall be inserted—TOTAL USEFUL FLOOR AREA means the total area of all enclosed spaces measured to the inside face of the external walls, that is, the gross floor area, and in the case of sloping surfaces such as staircases, galleries, raked auditoria and tiered terraces shall be taken as their area on plan but shall exclude areas that are not enclosed such as open floors, covered ways and balconies;.2For paragraph (4)(b) of regulation A5 (Exemptions) there shall be substituted—bBUILDING TO WHICH THESE REGULATIONS APPLY means a building which, if it were being newly erected, would be subject to the control of any regulation in Parts C to L and Parts R and V..3For regulation A6 (Application to erection of buildings) there shall be substituted—<Repeal ChangeId="key-79e10279c859e5eb7baba0eba25d4024-1711109649627" CommentaryRef="key-79e10279c859e5eb7baba0eba25d4024" RetainText="true">Application to erection of buildings</Repeal>A6Subject to the provisions of regulation A5, the following provisions, that is to say, Parts A to L and Parts R and V shall apply to the erection of a building..4After regulation A6 there shall be inserted—<Repeal ChangeId="key-79e10279c859e5eb7baba0eba25d4024-1711109649627" CommentaryRef="key-79e10279c859e5eb7baba0eba25d4024" RetainText="true">Application to existing buildings</Repeal>A6AWhere it is proposed to execute building work in relation to any existing building with a total useful floor area greater than 1000 m2 and that work consists of or includes—aan extension;bthe initial provision of any fixed building service; orcan increase in the capacity of any fixed building service,consequential improvements to the existing building shall be carried out to comply with the requirements of Part F in so far as this is technically, functionally and economically feasible..5In regulation A7 (Application to alterations and extensions)—afor paragraph (1) there shall be substituted—1Subject to the provisions of regulation A5, the following provisions, that is to say, Parts A to L and Parts R and V shall apply to—aa structural alteration or extension of an existing building; andbthe existing building as affected by that alteration or extension to the extent (subject to the provisions of regulation A9) of prohibiting any alteration or extension which would cause a new or greater contravention of any regulation.; andbparagraph (1A) shall be deleted.6In regulation A8 (Application to services and fittings)—afor the words “In Part F (Conservation of fuel and power) regulations F2(a)(ii), F2(b) and F2(c)” there shall be substituted—Part F (Conservation of fuel and power); andbfor the words “Part L (Combustion appliances and fuel storage systems) regulations L2, L3, L4, L5, L6 and L8” there shall be substituted—Part L (Combustion appliances and fuel storage systems).7For regulation A8A (Application to thermal elements) there shall be substituted—<Repeal ChangeId="key-79e10279c859e5eb7baba0eba25d4024-1711109649627" CommentaryRef="key-79e10279c859e5eb7baba0eba25d4024" RetainText="true">Application to thermal elements</Repeal>A8AWhere a thermal element is renovated or replaced such work shall be carried out as is necessary to ensure that the whole thermal element complies with the requirements of Part F (Conservation of fuel and power)..8For regulation A8B (Application to a change to a building’s energy status) there shall be substituted—<Repeal ChangeId="key-79e10279c859e5eb7baba0eba25d4024-1711109649627" CommentaryRef="key-79e10279c859e5eb7baba0eba25d4024" RetainText="true">Application to a change to a building’s energy status</Repeal>A8BSubject to any express provisions to the contrary and the provisions of regulation A5, where there is a change to a building’s energy status, such work, if any, shall be carried out as is necessary to ensure that the building complies with the requirements of Part F (Conservation of fuel and power).9In regulation A9 (Application to material change of use) in Notes to Table—afor the note after the “#” symbol there shall be substituted—Only Parts A, D, E and R shall apply to Case III (d). Only Parts A, D, and E shall apply to Case III (e) and (f). Parts D, E and R shall apply only in so far as indicated by notes 2, 3 and 7 respectively.; andbfor note 5 there shall be substituted—Regulations L2, L3 and L4 only..10In regulation A10(2) for the words “paragraph (1)(b)” there shall be substituted “paragraph (1)”.11In regulation A11 (Notice of commencement and completion of certain stages of work)—aFor paragraph (5)(d) there shall be substituted—dthe SAP energy rating, in the form of an energy rating Notice (ERN), for any completed dwelling, whether erected or created by a material change of use, not more than 5 days after completion (a copy of this ERN shall be permanently affixed to a suitable place within the dwelling not more than 5 days after completion);bIn paragraph (5)(e) after the word “(DER), ” there shall be inserted “where calculated to demonstrate compliance with the requirements of Part F,”; andcIn paragraph (5)(f) after the word “(BER), ” there shall be inserted “where calculated to demonstrate compliance with the requirements of Part F.”.12In regulation A16 (Exercise of power of dispensation or relaxation) for the words “Part F regulation 3 insofar as it relates to the Target carbon dioxide Emissions Rate (TER).” there shall be substituted—Part F (Conservation of fuel and power) regulation F3..<Repeal ChangeId="key-79e10279c859e5eb7baba0eba25d4024-1711109649627" CommentaryRef="key-79e10279c859e5eb7baba0eba25d4024" RetainText="true">Amendment of Part F (Conservation of fuel and power)</Repeal>6In paragraph (4) of regulation F1 (Application and interpretation) there shall be deleted—1BER means the Building carbon dioxide Emissions Rate measured in kilograms of carbon dioxide per square metre of floor area per year;DER means the Dwelling carbon dioxide Emissions Rate measured in kilograms of carbon dioxide per square metre of floor area per year;;2FIXED BUILDING SERVICE means any part of, or any controls associated with—afixed internal or external lighting systems, but does not include emergency escape lighting or specialist process lighting; orbfixed systems for heating, hot water service, air conditioning or mechanical ventilation;; and3TER means the Target carbon dioxide Emissions Rate measured in kilograms of carbon dioxide per square metre of floor area per year; andTOTAL USEFUL FLOOR AREA means the total area of all enclosed spaces measured to the inside face of the external walls, that is, the gross floor area, and in the case of sloping surfaces such as staircases, galleries, raked auditoria and tiered terraces shall be taken as their area on plan but shall exclude areas that are not enclosed such as open floors, covered ways and balconies..<Repeal ChangeId="key-79e10279c859e5eb7baba0eba25d4024-1711109649627" CommentaryRef="key-79e10279c859e5eb7baba0eba25d4024" RetainText="true">Revocations</Repeal>7Regulation 3 (Application of certain regulations to existing buildings) of the Building (Amendment) Regulations (Northern Ireland) 2006 shall be revoked.Sealed with the Official Seal of the Department of Finance and Personnel on 9th November 2006.C. ThompsonDirector (This note is not part of the Regulations)

These Regulations amend the Building Regulations (Northern Ireland) 2000 as amended by the Building (Amendment) Regulations (Northern Ireland) 2005 and the Building (Amendment) Regulations (Northern Ireland) 2006 (the principal Regulations) and revoke in part the Building (Amendment) Regulations (Northern Ireland) 2006 (the Amendment Regulations).

They further clarify the Department’s intent in relation to the application of consequential improvements as required by Part F (Conservation of fuel and power).

The changes to the principal Regulations are as follows—

1Minor amendments have been made to Part A to further clarify the application of Part F (Conservation of fuel and power) and Part L (Combustion appliances and fuel storage systems).2Minor amendments have been made to Part F to transfer some definitions to Part A.The change to the Building (Amendment) Regulations (Northern Ireland) 2006 is the revocation of regulation 3 (Application of certain regulations to existing buildings). S.I. 1979/1709 (N.I. 16); Article 5(1) as amended by S.I. 1990/1510 (N.I. 14), Article 38 (1) and Sch. 1, Part II See S.R. 1999 No. 481 Art. 6 and Sch. 4, Part II S.I. 1979/1709 (N.I.16); Article 5(4) S.R. 2000 No. 389, as amended by S.R. 2005 No. 295 and S.R. 2006 No. 355 S.R. 2006 No. 355 Regulations revoked (31.10.2012) by The Building Regulations (Northern Ireland) 2012 (S.R. 2012/192), regs. 1, 21 (with regs. 3(2), 4)