Continuing requirements of building regulations
4
1
After section 2 of the Building Act 1984 (c. 55) insert—

Continuing requirements in relation to fuel, power and emissions
2A
1
Building regulations may impose, on owners and occupiers of buildings, continuing requirements that fall within subsection (2) below.
2
A continuing requirement falls within this subsection if—
a
it requires the inspection and testing of a building—
i
as respects the use of fuel and power in or in connection with the building; or
ii
as respects its contribution to or effect on emissions (whether or not from the building) of smoke, gases, vapours or fumes;
b
it requires the inspection and testing of any service, fitting or equipment provided in or in connection with a building—
i
as respects the use of fuel and power in or in connection with the service, fitting or equipment; or
ii
as respects its contribution to or effect on emissions (whether or not from it or the building) of smoke, gases, vapours or fumes;
c
it requires the implementation, in relation to a building, or any service, fitting or equipment provided in or in connection with a building, of—
i
measures for the purpose mentioned in section 1(1)(b) above; or
ii
measures (otherwise than for that purpose) that are calculated to secure, or to contribute to, the prevention or reduction of emissions (whether or not from the building in question or a thing provided in or in connection with it) of smoke, gases, vapours or fumes;
d
it requires the keeping of records in relation to matters within paragraph (a), (b) or (c); or
e
it requires the making of reports in relation to any of those matters to a prescribed authority.
3
Those requirements may be imposed in the case of buildings, or in the case of services, fittings and equipment provided in or in connection with buildings, irrespective of both—
a
when the buildings were erected; and
b
whether building regulations were applicable to them at the time of their erection.
4
Subsections (3) to (6) of section 2 above apply in relation to continuing requirements imposed by virtue of this section as they apply in relation to continuing requirements imposed by virtue of that section.
5
Paragraph 8(2) of Schedule 1 to this Act does not impose any restriction on the building regulations that may be made by virtue of this section.
2
In section 33(4) of that Act (powers of local authorities in relation to contraventions of continuing requirements), after “section 2(1) or (2)” insert “ or 2A ”.
3
In section 38(2) of that Act (provision relating to civil liability), after “section 2(2)” insert “ or 2A ”.
4
In section 44 of that Act (Crown application)—
a
in subsection (3)(a) after “section 2” insert “ or 2A ”; and
b
in subsection (8) for the definition of “continuing requirement” substitute—
“continuing requirement” means a continuing requirement of building regulations—
a
imposed by virtue of section 2(1) or (2)(a) or (b) above; or
b
of a kind mentioned in subsection (2)(a), (b) or (c) of section 2A above and imposed by virtue of subsection (1) of that section;
.
5
In section 126 of that Act (general interpretation), in the definition of “substantive requirements” after “(b) above” insert “ and requirements that are of a kind mentioned in subsection (2)(a), (b) or (c) of section 2A above and are imposed by virtue of subsection (1) of that section ”.
S. 4 partly in force; s. 4 not in force at Royal Assent see s. 11(4); s. 4(1)-(3)(5) in force at 16.11.2004