This is the original version (as it was originally made).
(This note is not part of the Regulations)
These Regulations revoke and replace, with amendments, the Building Regulations (Northern Ireland) 2000 and all subsequent amending Regulations (“the 2000 Regulations”). They impose certain 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.
These Regulations come into operation on 31st October 2012, 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.
These Regulations were notified in draft to the European Commission in accordance with Directive 98/34/EC.
The principal changes from the 2000 Regulations are —
1. Although each Part of these Regulations continues to be identified by a capital letter, the regulations are now identified only by a number which runs from “1” through to “99”.
2. The changes to Part A (Interpretation and general) clarify the intent of a number of existing regulations. They introduce, amend or remove certain definitions mainly as a result of technical amendments or removal of Schedules and Tables from the 2000 Regulations. Also:
(a)buildings exempt from the requirements of the regulations (regulation 4) listed in Schedule 2 (Classes of exempt buildings) have been extended to include buildings used for the purpose of national security;
(b)in regulation 8 the number of Cases of material change of use has been expanded. These now include a building containing a greater or lesser number of dwellings, or rooms for residential purposes, than it did prior to the change. Also the Case for “public building” has been replaced by “place of assembly or recreation” which includes a greater range of building types;
(c)a limit of not more than 5 m2 has been introduced to the size of a porch extension to a dwelling for which an application is not required;
(d)regulation 9 restricts the use of a building notice to alterations and extensions to an existing dwelling and to where building work to that dwelling would increase the floor area by not more than 10 m2 (in the case of a roofspace conversion by not more than 3 m2). This regulation also clarifies that a separate building notice must be submitted for each existing dwelling on which building work is to be carried out;
(e)regulation 9 also extends the matters for which an application will no longer be required, for example: external doors of a dwelling; replacement of parts of, or the provision of control or output devices for, fixed building services (such as meters and thermostatic valves);
(f)regulation 14 mandates the issuing of a completion certificate on completion of the work where proper notification has been submitted to the district council as required by regulation 9; and
(g)requirements (regulation 11) are set in relation to applications to erect the same house type in a number of district council areas. A type approval will not include site-specific matters such as foundations and certain fire safety issues.
3. Part C (Site preparation and resistance to contaminants and moisture) requirements reference revised designated radon affected areas included in the Northern Ireland Environment Agency publication “Radon in Dwellings in Northern Ireland: 2009 Review and Atlas”.
4. The requirements of Part F (Conservation of fuel & power) have been extended to require - consequential improvements in buildings over 1000m2 where certain works are undertaken; conservation measures where there is a change of energy status and/or work to thermal elements; and commissioning of building services and notice of such commissioning to be given to the building owner.
5. Part G (Resistance to the passage of sound) regulations have been extended to require protection against sound to improve the standard of sound insulation from adjacent homes and to introduce sound insulation standards within buildings including schools. Except where otherwise exempt, a sound test to demonstrate compliance is required.
6. Part K (Ventilation) regulations require appropriate testing and commissioning of ventilation systems and submitting evidence of such to the district council; and requiring the owner/occupier of a new building to be given sufficient information about the ventilation system and its maintenance requirements so that the system can be adequately operated and maintained.
7. The Part L (Combustion appliances and fuel storage systems) regulations have been extended to require the installation in a dwelling of a carbon monoxide alarm where a combustion appliance is installed or replaced.
8. A new regulation has been included in Part P (Sanitary appliances, unvented hot water storage systems and reducing the risk of scalding) to ensure that delivered hot water temperature is not excessive and to require the temperature of hot water supplied to a fixed bath to be limited to 48oC.
In previous Regulations, mandatory requirements were complemented by provisions that described methods or materials which were deemed-to-satisfy the relevant functional or performance requirements. The Building Regulations (Amendment) Act (Northern Ireland) 2009 amended the Building Regulations (Northern Ireland) Order 1979 (the 1979 Order) to remove the requirement to provide deemed-to-satisfy provisions and to provide the Department with a power to prepare and publish guidance with respect to the requirements of any provision of building regulations.
The Department has prepared the following Technical Booklets for the purposes of these Regulations. These Booklets give guidance (including performance standards and design provisions) in relation to compliance with specific aspects of the Building Regulations for the more common building situations:
| DFP Technical Booklet B | Materials and workmanship: 2012 |
|---|---|
| DFP Technical Booklet C | Site preparation and resistance to contaminants and moisture: 2012 |
| DFP Technical Booklet D | Structure: 2012 |
| DFP Technical Booklet E | Fire safety: 2012 |
| DFP Technical Booklet F1 | Conservation of fuel and power in dwellings: 2012 |
| DFP Technical Booklet F2 | Conservation of fuel and power in buildings other than dwellings: 2012 |
| DFP Technical Booklet G | Resistance to the passage of sound: 2012 |
| DFP Technical Booklet H | Stairs, ramps, guarding and protection from impact: 2012 |
| DFP Technical Booklet J | Solid waste in buildings: 2012 |
| DFP Technical Booklet K | Ventilation: 2012 |
| DFP Technical Booklet L | Combustion appliances and fuel storage systems: 2012 |
| DFP Technical Booklet N | Drainage: 2012 |
| DFP Technical Booklet P | Sanitary appliances, unvented hot water storage systems and reducing the risk of scalding: 2012 |
| DFP Technical Booklet R | Access to and use of buildings: 2012 |
| DFP Technical Booklet V | Glazing: 2012 |
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 2000 Regulations. The Regulatory Impact Assessment may be downloaded from www.buildingregulationsni.gov.uk or may be obtained from– The Department of Finance and Personnel, Properties Division, Building Standards Branch, Level 5, Causeway Exchange, 1-7 Bedford Street, Belfast, BT2 7EG.
The publications referred to in these Regulations and in this Explanatory Note may be purchased/downloaded from the following sources—
(a)DFP Technical Booklets: The Stationery Office orwww.buildingregulationsni.gov.uk
(b)Radon in dwellings in Northern Ireland:2009 Review and Atlas: http://www.hpa.org.uk orhttp://www.doeni.gov.uk/niea/
Information on the national calculation methodologies may be obtained as follows:
(a)The Government’s Standard Assessment Procedure (SAP) for Energy Rating of Dwellings: 2009 Edition:www.bre.co.uk/filelibrary/SAP/2009/SAP-2009_9.90.pdf
(b)The Simplified Building Energy Model (SBEM): 2010 Edition:www.ncm.bre.co.uk
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 1979 Order, require him to pull down, remove or alter those works to make the work comply with the requirements of these Regulations.
Any person who—
(a)contravenes any provision contained in these Regulations;
(b)contravenes a notice under Article 18(1) of the 1979 Order; or
(c)gives or makes a false or misleading statement or application under Article 21(1A) of the 1979 Order,
is guilty of an offence under that Order and is liable on summary conviction to a fine not exceeding level 5 on the standard scale of fines and penalties (presently £5000) and to a further fine not exceeding £500 for each day during which the offence continues.
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