The Building (Amendment) Regulations 2001

Explanatory Note

(This note is not part of the Regulations)

1.  These Regulations amend the Building Regulations 2000 (S.I. 2000/2531). In addition to minor and drafting amendments the following changes of substance are made.

2.  The definition of “controlled service or fitting” in regulation 2(1) is extended to include services or fittings in relation to which Part L (conservation of fuel and power) imposes a requirement (regulation 2(2)).

3.  A new regulation 3(1A) is inserted to limit the definition of building work in relation to the provision of certain controlled services and fittings in existing dwellings (regulation 2(4)).

4.  The applicable requirements relating to material changes of use contained in regulation 6 are extended to include paragraphs H1 (foul water drainage) and L2 (conservation of fuel and power in buildings and parts of buildings other than dwellings) of Schedule 1 (regulation 2(5)).

5.  Paragraphs H2 and J6 of Schedule 1 are excluded from the limitation on requirements contained in regulation 8 (regulation 2(6)).

6.  A new regulation 12(4A) is inserted to extend the cases in which a person is required to deposit full plans and the particulars required by regulation 14 to be included in such plans are extended in consequence (regulation 2(7) and (9)).

7.  A new regulation 14A is inserted to require the local authority to consult with the sewerage undertaker in certain cases (regulation 2(10)).

8.  The powers of the local authority to test drains and private sewers contained in regulation 18 are extended to cover tests of any building work (regulation 2(11)).

9.  New Parts H, J and L of Schedule 1 are substituted for the existing Parts. The new Part H extends the existing requirements (by requiring, in H1 and H3, the provision of adequate foul water and rainwater drainage and by adding a requirement in H6 to provide a means of access to a collection point) and adds new requirements on building over sewers and separate systems of sewers and for the provision of information on wastewater treatment systems. The new Part J extends the existing requirements (by extending J1 to cover the prevention of overheating and by extending J3 to cover the risk of burns to people) and adds new requirements on the protection of liquid fuel storage systems from fire, protection against pollution and for the provision of information. The new Part L amends the existing requirements by separating the requirements which apply to dwellings and other buildings and adds new requirements on lighting systems, solar overheating, mechanical ventilation systems and for the provision of information on services (regulation 2(12) and the Schedule to the Regulations).

10.  Sections 18 and 21(1) and (2) of the Building Act 1984 are repealed and consequential amendments are made to section 21(3) and (4) and section 59 (regulation 3).

11.  Regulation 4 contains transitional provisions.

12.  The Secretary of State has approved, under section 6(1) of the Building Act 1984, new documents containing practical guidance with respect to the requirements contained in Parts H, J and L. The following Approved Documents will be published by The Stationery Office:

• Approved Document H—Drainage and Waste Disposal (2002 Edition, ISBN 011 7536075, £12);

• Approved Document J—Combustion Appliances and Fuel Storage Systems (2002 Edition, ISBN 011 7534943, £12);

• Approved Document L1—Conservation of Fuel and Power in Dwellings (2002 Edition, ISBN 011 7536091, £12);

• Approved Document L2—Conservation of Fuel and Power in Buildings other than Dwellings (2002 Edition, ISBN 011 7536105, £15).

13.  A Regulatory Impact Assessment has been prepared in relation to these Regulations. A copy may be obtained from Building Regulations Division, DTLR, Zone 3/A1, Eland House, Bressenden Place, London, SW1E 5DU (Tel: [phone]; Fax: [phone]; Email: [e-mail]).