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Statutory Instruments

2010 No. 2214

Building And Buildings, England And Wales

The Building Regulations 2010

Made

6th September 2010

Laid before Parliament

9th September 2010

Coming into force

1st October 2010

F1F2The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to matters relating to the environment.

F3In accordance with section 14(3) of the Building Act 1984 he has consulted the Building Regulations Advisory Committee and such other bodies as appeared to him to be representative of the interests concerned.

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and by sections 1(1), 2A, 3, 5, 8(2) and (6), 34, 35, 47(1) and 126 of, and paragraphs 1, 2, 3, 4, 4A, 7, 8, 9, 10 and 11 of Schedule 1 to, the Building Act 1984:

F31984 c.55; section 126 is cited for the definition of “prescribed”. Section 1 was amended by section 1 of the Sustainable and Secure Buildings Act 2004 (c.22) and section 2A was inserted by section 4 of that Act; section 47(1) was amended by section 8 of that Act and S.I. 1996/1905; paragraph 4A of Schedule 1 was inserted by section 8 of that Act; paragraph 7 of Schedule 1 was amended by section 3 of that Act and by section 11 of the Climate Change and Sustainable Energy Act 2006 (c.19); paragraph 8 of Schedule 1 was amended by section 3 of the Sustainable and Secure Buildings Act 2004 and by section 40 of the Flood and Water Management Act 2010 (c.29); paragraph 11(1)(a) of Schedule 1 was amended by S.I. 1986/452. Certain functions of a Minister of the Crown under the Building Act 1984 were transferred to the National Assembly for Wales constituted by the Government of Wales Act 1998 (c.38) by article 2 of, and Schedule 1 to, the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) as varied by article 4 of, and Schedule 3 to, the National Assembly for Wales (Transfer of Functions) Order 2000 (S.I. 2000/253) and have been transferred to the Welsh Ministers by paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (c.32). Subject to certain exceptions and reservations, the remaining functions conferred on the Secretary of State by the Building Act 1984 are transferred to the Welsh Ministers, as far as they are exercisable in relation to Wales, by the Welsh Ministers (Transfer of Functions) (No.2) Order 2009 (S.I. 2009/3019) with effect from 31st December 2011.

Modifications etc. (not altering text)

C1Regulations: power to amend conferred (21.3.2012 for specified purposes, 28.1.2013 in so far as not already in force) by Energy Act 2011 (c. 16), ss. 9(2), 121(1) (with ss. 40, 41); S.I. 2012/873, art. 3(1)(b)(2); S.I. 2013/125, art. 2(b)

PART 1E+WGeneral

Citation and commencementE+W

1.  These Regulations may be cited as the Building Regulations 2010 and shall come into force on 1st October 2010.

InterpretationE+W

2.—(1) In these Regulations, unless the context otherwise requires—

the Act” means the Building Act 1984;

[F4Green Deal Framework Regulations” means the Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012;]

amendment notice” means a notice given under section 51A of the Act F5;

building” means any permanent or temporary building but not any other kind of structure or erection, and a reference to a building includes a reference to part of a building;

building notice” means a notice given in accordance with regulations 12(2)(a) and 13;

building work” has the meaning given in regulation 3(1);

change to a building's energy status” means any change which results in a building becoming a building to which the energy efficiency requirements of these Regulations apply, where previously it was not;

controlled service or fitting” means a service or fitting in relation to which Part G, H, J, L or P of Schedule 1 imposes a requirement;

day” means any period of 24 hours commencing at midnight and excludes any Saturday, Sunday, Bank holiday or public holiday;

dwelling” includes a dwelling-house and a flat;

dwelling-house” does not include a flat or a building containing a flat;

electrical installation” means fixed electrical cables or fixed electrical equipment located on the consumer's side of the electricity supply meter;

energy efficiency requirements” means the requirements of regulations 23, F6[F725A, 25B] 26, F8[F926A, 26B,] [F1026A] [F11, 26C] , 28 [F12...F13F14 F15[F16and 40][F16, 40 and 43]] and Part L of Schedule 1;

F17F18...

F19[F20“excepted energy building” has the meaning given in the Schedule to The Welsh Ministers (Transfer of Functions) (No. 2) Order 2009]

extra-low voltage” means voltage not exceeding—

(a)

in relation to alternating current, 50 volts between conductors and earth; or

(b)

in relation to direct current, 120 volts between conductors;

final certificate” means a certificate given under section 51 of the Act F21;

F22[F23“fixed building services” means any part of, or any controls associated with—

(a)

fixed internal or external lighting systems (but not including emergency escape lighting or specialist process lighting);

(b)

fixed systems for heating, hot water, air conditioning or mechanical ventilation; or

(c)

any combination of systems of the kinds referred to in paragraph (a) or (b);]

flat” means separate and self-contained premises constructed or adapted for use for residential purposes and forming part of a building from some other part of which it is divided horizontally;

floor area” means the aggregate area of every floor in a building or extension, calculated by reference to the finished internal faces of the walls enclosing the area, or if at any point there is no such wall, by reference to the outermost edge of the floor;

full plans” means plans deposited with a local authority for the purposes of section 16 of the Act F24 in accordance with regulations 12(2)(b) and 14;

[F25“green deal disclosure obligations” means the obligations to provide an energy performance certificate in section 12 of the Energy Act 2011 and Part 7 of the Green Deal Framework Regulations;

“green deal property” has the meaning given in section 12(5)(b) of the Energy Act 2011;]

height” means the height of the building measured from the mean level of the ground adjoining the outside of the external walls of the building to the level of half the vertical height of the roof of the building, or to the top of the walls or of the parapet, if any, whichever is the higher;

independent access” means, in relation to a part of a building (including any extension to that building), a route of access to that part which does not require the user to pass through any other part of the building;

initial notice” means a notice given under section 47 of the Act F26;

institution” means an institution (whether described as a hospital, home, school or other similar establishment) which is used as living accommodation for, or for the treatment, care or maintenance of persons—

(a)

suffering from disabilities due to illness or old age or other physical or mental incapacity, or

(b)

under the age of five years,

where such persons sleep on the premises;

low voltage” means voltage not exceeding—

(a)

in relation to alternating current, 1000 volts between conductors or 600 volts between conductors and earth; or

(b)

in relation to direct current, 1500 volts between conductors or 900 volts between conductors and earth;

material alteration” has the meaning given in regulation 3(2);

material change of use” has the meaning given in regulation 5;

microgeneration” means the use for the generation of electricity or the production of heat or cooling of any plant (which for this purpose includes any equipment, apparatus or appliance) which, in generating electricity or (as the case may be) producing heat or cooling, relies wholly or mainly on a source of energy or a technology mentioned in section 26(2) of the Climate Change and Sustainable Energy Act 2006 F27;

F19[F28“new dwelling” includes, except in Parts 6 and 7, a dwelling that is formed by a material change of use of a building within the meaning of regulation 5(a), (b) or (g);

“optional requirement” means an optional requirement as described in regulation 4(1A)(b) or in regulation 36(2)(b);]

[F29“payment period” has the meaning given in regulation 2(1) of the Green Deal Framework Regulations;]

F19[F30“planning permission” has the meaning given in section 336(1) (interpretation) of the Town and Country Planning Act 1990;]

public body's final certificate” means a certificate given under paragraph 3 of Schedule 4 to the Act;

public body's notice” means a notice given under section 54 of the Act;

renovation” in relation to a thermal element means the provision of a new layer in the thermal element [F31(other than where that new layer is provided solely as a means of repair to a flat roof)] or the replacement of an existing layer, but excludes decorative finishes, and “renovate” shall be construed accordingly;

room for residential purposes” means a room, or a suite of rooms, which is not a dwelling-house or a flat and which is used by one or more persons to live and sleep and includes a room in a hostel, an hotel, a boarding house, a hall of residence or a residential home, but does not include a room in a hospital, or other similar establishment, used for patient accommodation;

shop” includes premises—

(a)

used for the sale to members of the public of food or drink for consumption on or off the premises,

(b)

used for retail sales by auction to members of the public,

(c)

used by members of the public as a barber or hairdresser, or for the hiring of any item, and

(d)

where members of the public may take goods for repair or other treatment;

softened wholesome water” means water which would be regarded as wholesome for the purposes of regulations made under section 67 of the Water Industry Act 1991 F32 (standards of wholesomeness) as they apply for the purposes of Part G of Schedule 1 in accordance with paragraph (5) but for the presence of sodium in excess of the level specified in those regulations if it is caused by a water softener or water softening process which reduces the concentrations of calcium and magnesium [F33;

system for on-site electricity generation” means a system that produces electricity and has a direct electrical connection to the building in question].

(2) In these Regulations “public building” means a building consisting of or containing—

(a)a theatre, public library, hall or other place of public resort;

(b)a school or other educational establishment not exempted from the operation of building regulations by virtue of section 4(1)(a) of the Act F34; or

(c)a place of public worship;

but a building is not to be treated as a place of public resort because it is, or it contains, a shop, storehouse or warehouse, or is a dwelling to which members of the public are occasionally admitted.

(3) In these Regulations “thermal element” means a wall, floor or roof (but does not include windows, doors, roof windows or roof-lights) which separates a thermally conditioned part of the building (“the conditioned space”) from—

(a)the external environment (including the ground); or

(b)in the case of floors and walls, another part of the building which is—

(i)unconditioned;

(ii)an extension falling within class 7 of Schedule 2; or

(iii)where this paragraph applies, conditioned to a different temperature,

and includes all parts of the element between the surface bounding the conditioned space and the external environment or other part of the building as the case may be.

(4) Paragraph (3)(b)(iii) only applies to a building which is not a dwelling, where the other part of the building is used for a purpose which is not similar or identical to the purpose for which the conditioned space is used.

(5) Section 67 of the Water Industry Act 1991 and such regulations as have been made under that section apply for the purposes of Part G of Schedule 1 as they apply for the purposes of Chapter 3 of Part 3 of that Act.

F35[F36(6) In these Regulations—

(a)any reference to an “external wall” of a building includes a reference to—

(i)anything located within any space forming part of the wall;

(ii)any decoration or other finish applied to any external (but not internal) surface forming part of the wall;

(iii)any windows and doors in the wall; and

(iv)any part of a roof pitched at an angle of more than 70 degrees to the horizontal if that part of the roof adjoins a space within the building to which persons have access, but not access only for the purpose of carrying out repairs or maintenance; and

(b)“specified attachment” means—

(i)a balcony attached to an external wall;

(ii)a device for reducing heat gain within a building by deflecting sunlight which is attached to an external wall; or

(iii)a solar panel attached to an external wall.]

[F35(b)“specified attachment” means—

(i)a balcony attached to an external wall; or

(ii)a solar panel attached to an external wall.]

F5Section 51A was inserted by S.I. 1996/1905.

F7Words in reg. 2(1) inserted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 3(a), Sch. 1 (with regs. 1(3), 45-47)

F8Word “26B,” in reg. 2(1) inserted (W. in relation to excepted energy buildings) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 3(a)(i) (with reg. 29)

F9Words "26A, 26B," in reg. 2(1) inserted (W. but not in relation to excepted energy buildings) (31.7.2014) by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 3 (with reg. 1(2))

F10Word "26A" in reg. 2(1) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) (No.2) Regulations 2013 (S.I. 2013/1959), regs. 1(5), 3 (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F13Words in reg. 2(1) omitted (W. for remaining purposes) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(2)(a) (with reg. 1(3))

F14Word in reg. 2(1) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(2)(a) (with reg. 1(3))

F15Words “and 40” in reg. 2(1) substituted for “40 and 43” (W. in relation to excepted energy buildings) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 3(a)(ii) (with reg. 29)

F16Words ", 40 and 43" in reg. 2 substituted for "and 40" (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 2(2) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F17Words in reg. 2(1) omitted (W. for remaining purposes) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(2)(b) (with reg. 1(3))

F18Words in reg. 2(1) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(2)(b) (with reg. 1(3))

F19Definitions of “excepted energy building”, “new dwelling”, “optional requirement” and “planning permission” in reg. 2(1) omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 3(b) (with reg. 29)

F20Words in reg. 2(1) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2012) by The Building (Amendment) Regulations 2012 (S.I. 2012/718), regs. 1(2), 3(2) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F21Section 51 was amended by S.I. 1996/1905.

F23Words in reg. 2(1) substituted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 3(c), Sch. 1 (with regs. 1(3), 45-47)

F24Section 16 was amended by Part 13 of Schedule 1 to the Statute Law (Repeals) Act 1993 (c.50).

F26Section 47 was amended by section 8 of the Sustainable and Secure Buildings Act 2004 and S.I. 1996/1905.

F272006 c. 19; section 26(2) was amended by S.I. 2008/1767.

F28Words in reg. 2(1) inserted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(2)(a) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F30Words in reg. 2(1) inserted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(2)(b) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F321991 c. 56; regulations made under section 67 of that Act are S.I. 2000/3184, 2009/3101, 2010/66 and 2010/994.

F34Section 4(1)(a) was amended by paragraph 59 of Schedule 37 to the Education Act 1996 (c.56), Schedule 31 to the School Standards and Framework Act 1998 (c.31) and paragraph 6 of Schedule 21 to the Education Act 2002 (c.32), and is prospectively repealed by section 5(a) of and the Schedule to the Sustainable and Secure Buildings Act 2004.

F35Reg. 2(6) inserted (with changes to reg. 2(6)(b)) (W.) (13.1.2020) by The Building (Amendment) (Wales) Regulations 2019 (S.I. 2019/1499), regs. 1(4), 2(2) (with reg. 3)

PART 2E+WControl of Building Work

Meaning of building workE+W

3.—(1) In these Regulations “building work” means—

(a)the erection or extension of a building;

(b)the provision or extension of a controlled service or fitting in or in connection with a building;

(c)the material alteration of a building, or a controlled service or fitting, as mentioned in paragraph (2);

(d)work required by regulation 6 (requirements relating to material change of use);

(e)the insertion of insulating material into the cavity wall of a building;

(f)work involving the underpinning of a building;

(g)work required by regulation 22 (requirements relating to a change of energy status);

(h)work required by regulation 23 (requirements relating to thermal elements);

(i)work required by regulation 28 (consequential improvements to energy performance).

(2) An alteration is material for the purposes of these Regulations if the work, or any part of it, would at any stage result—

(a)in a building or controlled service or fitting not complying with a relevant requirement where previously it did; or

(b)in a building or controlled service or fitting which before the work commenced did not comply with a relevant requirement, being more unsatisfactory in relation to such a requirement.

(3) In paragraph (2) “relevant requirement” means any of the following applicable requirements of Schedule 1, namely—

  • Part A (structure)

  • paragraph B1 (means of warning and escape)

  • paragraph B3 (internal fire spread—structure)

  • paragraph B4 (external fire spread)

  • paragraph B5 (access and facilities for the fire service)

  • Part M (access to and use of buildings).

Requirements relating to building workE+W

4.—(1) Subject to paragraph (2) building work shall be carried out so that—

(a)it complies with the applicable requirements contained in Schedule 1; and

(b)in complying with any such requirement there is no failure to comply with any other such requirement F37[F38, except as may be provided for in paragraphs (1C) and (1D)].

F39[F40(1A) The applicable requirements contained in Schedule 1 are—

(a)the applicable requirements contained in Schedule 1 that apply in all cases, subject to paragraph (1C); and

(b)any applicable requirement contained in Schedule 1, and described in the first column of that Schedule as an optional requirement, that applies in relation to the building work in question by virtue of paragraphs (1B), (1C) and (1D).

(1B) An optional requirement as described in paragraph (1A)(b) shall apply to building work in any case where the planning permission under which the building work is carried out—

(a)specifies that optional requirement by reference to these Regulations; and

(b)makes it a condition that the requirement must be complied with.

(1C) An optional requirement shall apply in substitution for a requirement of Schedule 1 to the extent that the terms of the optional requirement in the second column of Schedule 1 so provide.

(1D) An optional requirement shall apply, and another optional requirement shall not apply, to the extent that the terms of the first-mentioned optional requirement in the second column of Schedule 1 so provide.]

(2) Where—

(a)building work is of a kind described in regulation 3(1)(g), (h) or (i); and

(b)the carrying out of that work does not constitute a material alteration,

that work need only comply with the applicable requirements of Part L of Schedule 1 F41[F42(in addition to the requirements of regulation 7)].

(3) Building work shall be carried out so that, after it has been completed—

(a)any building which is extended or to which a material alteration is made; or

(b)any building in, or in connection with, which a controlled service or fitting is provided, extended or materially altered; or

(c)any controlled service or fitting,

complies with the applicable requirements of Schedule 1 or, where it did not comply with any such requirement, is no more unsatisfactory in relation to that requirement than before the work was carried out.

[F43(4) This paragraph applies in relation to a building where—

(a)building work is undertaken in respect of that building (“relevant work”); and

(b)Part L of Schedule 1 imposes a requirement in respect of the relevant work.

(5) Notwithstanding paragraph (3), upon completion of the relevant work, any building to which paragraph (4) applies must—

(a)comply with Part F of Schedule 1; or

(b)where the building did not comply with Part F of Schedule 1 before the relevant work was begun, be no more unsatisfactory in relation to it than before the work was begun.]

F37Words from “, except as may” to the end in reg. 4(1)(b) omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 4(1)(a) (with reg. 29)

F38Words in reg. 4(1)(b) inserted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(3)(a) (with regs. 1(3), 4) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F40Reg. 4(1A)-(1D) inserted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(3)(b) (with regs. 1(3), 4) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Meaning of material change of useE+W

5.  For the purposes of paragraph 8(1)(e) of Schedule 1 to the Act and for the purposes of these Regulations, there is a material change of use where there is a change in the purposes for which or the circumstances in which a building is used, so that after that change—

(a)the building is used as a dwelling, where previously it was not;

(b)the building contains a flat, where previously it did not;

(c)the building is used as an hotel or a boarding house, where previously it was not;

(d)the building is used as an institution, where previously it was not;

(e)the building is used as a public building, where previously it was not;

(f)the building is not a building described in classes 1 to 6 in Schedule 2, where previously it was;

(g)the building, which contains at least one dwelling, contains a greater or lesser number of dwellings than it did previously;

(h)the building contains a room for residential purposes, where previously it did not;

(i)the building, which contains at least one room for residential purposes, contains a greater or lesser number of such rooms than it did previously; F44F45...

(j)the building is used as a shop, where previously it was not F46[F47; or

(k)the building is a building described in regulation 7(4)(a), where previously it was not].

Requirements relating to material change of useE+W

6.—(1) Where there is a material change of use of the whole of a building, such work, if any, shall be carried out as is necessary to ensure that the building complies with the applicable requirements of the following paragraphs of Schedule 1—

(a)in all cases, B1 (means of warning and escape)

  • B2 (internal fire spread—linings)

  • B3 (internal fire spread—structure)

  • B4(2) (external fire spread—roofs)

  • B5 (access and facilities for the fire service)

  • C2(c) (interstitial and surface condensation)

  • F1 (ventilation)

  • G1 (cold water supply)

  • G3(1) to (3) (hot water supply and systems)

  • G4 (sanitary conveniences and washing facilities)

  • G5 (bathrooms)

  • G6 (kitchens and food preparation areas)

  • F48...

  • H1 (foul water drainage)

  • H6 (solid waste storage)

  • J1 to J4 (combustion appliances)

  • L1 (conservation of fuel and power)

  • P1 (electrical safety);

  • [F49S2 (infrastructure for the charging of electric vehicles)]

(b)in the case of a material change of use described in regulation 5(c), (d), (e) or (f), A1 to A3 (structure);

(c)in the case of a building exceeding fifteen metres in height, B4(1) (external fire spread—walls);

(d)in the case of a material change of use described in regulation 5(a), (b), (c), (d), (g), (h), (i) or, where the material change provides new residential accommodation, (f), C1(2) (resistance to contaminants);

(e)in the case of a material change of use described in regulation 5(a), C2 (resistance to moisture);

(f)in the case of a material change of use described in regulation 5(a), (b), (c), (g), (h) or (i), E1 to E3 (resistance to the passage of sound);

(g)in the case of a material change of use described in regulation 5(e), where the public building consists of or contains a school, E4 (acoustic conditions in schools);

(h)in the case of a material change of use described in regulation 5(a) or (b), G2 (water efficiency) and G3(4) (hot water supply and systems: hot water supply to fixed baths);

(i)in the case of a material change of use described in regulation 5(c), (d), (e) or (j), F50[F51M1 (access and use)] [F51M1 (access to and use of buildings other than dwellings)];

F52[F53(j)in the case of a material change of use described in regulation 5(a), (b) or (g), Q1 (security)].

(2) Where there is a material change of use of part only of a building, such work, if any, shall be carried out as is necessary to ensure that—

(a)that part complies in all cases with any applicable requirements referred to in paragraph (1)(a);

(b)in a case in which sub-paragraphs (b), (e), (f), (g) or (h) of paragraph (1) apply, that part complies with the requirements referred to in the relevant sub-paragraph;

(c)in a case to which sub-paragraph (c) of paragraph (1) applies, the whole building complies with the requirement referred to in that sub-paragraph; F54[F55and]

(d)in a case to which sub-paragraph (i) of paragraph (1) applies—

(i)that part and any sanitary conveniences provided in or in connection with that part comply with the requirements referred to in that sub-paragraph; and

(ii)the building complies with requirement M1(a) of Schedule 1 to the extent that reasonable provision is made to provide either suitable independent access to that part or suitable access through the building to that part;

F56[F57(e)in a case to which subparagraph (j) applies in respect of a material change of use described in regulation 5(b) or (g), that part complies with the requirement referred to in that subparagraph].

[F58(3) Subject to paragraph (4), where there is a material change of use described in regulation 5(k), such work, if any, shall be carried out as is necessary to ensure that any external wall, or specified attachment, of the building only contains materials of European Classification A2-s1, d0 or A1, classified in accordance with BS EN 13501-1:2007+A1:2009 entitled “Fire classification of construction products and building elements. Classification using test data from reaction to fire tests” (ISBN 978 0 580 59861 6) published by the British Standards Institution on 30th March 2007 and amended in November 2009.]

[F59(3) Subject to paragraph (4), where there is a material change of use described in regulation 5(k), such work, if any, must be carried out as is necessary to ensure that any external wall, or specified attachment, of the building only contains materials of a minimum European Classification A2-s1, d0 or A1, classified in accordance with BS EN 13501-1:2018 entitled “Fire classification of construction products and building elements. Classification using test data from reaction to fire tests” (ISBN 978 0 580 95726 0) published by the British Standards Institution on 14th January 2019.]

F59[F58(4)  Paragraph (3) does not apply to the items listed in regulation 7(3).]

F48Words in reg. 6(1)(a) omitted (15.7.2011) by virtue of The Building (Amendment) Regulations 2011 (S.I. 2011/1515), regs. 1(2), 3(3)

F50Words “M1 (access and use)” in reg. 6(1)(i) substituted for “M1 (access to and use of buildings other than dwellings)” (W. in relation to excepted energy buildings) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 4(2)(a)(i) (with reg. 29)

F51Words in reg. 6(1)(i) substituted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(4)(a) (with regs. 1(3), 5) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F53Reg. 6(1)(j) inserted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(4)(b) (with regs. 1(3), 5) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F54Word in reg. 6(2) omitted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by virtue of The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(4)(c)(i) (with regs. 1(3), 5) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F57Reg. 6(2)(e) inserted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(4)(c)(ii) (with regs. 1(3), 5) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F59Reg. 6(3)(4) inserted (with changes in reg. 6(3)) (W.) (13.1.2020) by The Building (Amendment) (Wales) Regulations 2019 (S.I. 2019/1499), regs. 1(4), 2(5) (with reg. 3)

Materials and workmanshipE+W

7.F60[F61(1)] Building work shall be carried out—

(a)with adequate and proper materials which—

(i)are appropriate for the circumstances in which they are used,

(ii)are adequately mixed or prepared, and

(iii)are applied, used or fixed so as adequately to perform the functions for which they are designed; and

(b)in a workmanlike manner.

[F62(2) Subject to paragraph (3), building work shall be carried out so that materials which become part of an external wall, or specified attachment, of a relevant building are of European Classification A2-s1, d0 or A1, classified in accordance with BS EN 13501-1:2007+A1:2009 entitled “Fire classification of construction products and building elements. Classification using test data from reaction to fire tests” (ISBN 978 0 580 59861 6) published by the British Standards Institution on 30th March 2007 and amended in November 2009.]

[F63(2) Subject to paragraph (3), building work must be carried out so that materials which become part of an external wall, or specified attachment, of a relevant building are of a minimum European Classification A2-s1, d0 or A1, classified in accordance with BS EN 13501-1:2018 entitled “Fire classification of construction products and building elements. Classification using test data from reaction to fire tests” (ISBN 978 0 580 95726 0) published by the British Standards Institution on 14th January 2019.]

F63[F62(3)  Paragraph (2) does not apply to—

(a)cavity trays when used between two leaves of masonry;

(b)any part of a roof (other than any part of a roof which falls within paragraph (iv) of regulation 2(6)) if that part is connected to an external wall;

(c)door frames and doors;

(d)electrical installations;

(e)insulation and water proofing materials used below ground level;

(f)intumescent and fire stopping materials where the inclusion of the materials is necessary to meet the requirements of Part B of Schedule 1;

(g)membranes;

(h)seals, gaskets, fixings, sealants and backer rods;

(i)thermal break materials where the inclusion of the materials is necessary to meet the thermal bridging requirements of Part L of Schedule 1; or

(j)window frames and glass.

(4) In this regulation—

(a)a “relevant building” means a building with a storey (not including roof-top plant areas or any storey consisting exclusively of plant rooms) at least 18 metres above ground level and which—

(i)contains one or more dwellings;

(ii)contains an institution; or

(iii)contains a room for residential purposes (excluding any room in a hostel, hotel or boarding house); [F63and]

(b)“above ground level” in relation to a storey means above ground level when measured from the lowest ground level adjoining the outside of a building to the top of the floor surface of the storey.]

F60Reg. 7 renumbered as reg. 7(1) (W.) (13.1.2020) by The Building (Amendment) (Wales) Regulations 2019 (S.I. 2019/1499), regs. 1(4), 2(6)(a) (with reg. 3)

F61Reg. 7 renumbered as reg. 7(1) (E.) (21.12.2018) by The Building (Amendment) Regulations 2018 (S.I. 2018/1230), regs. 1(4), 2(6) (with regs. 1(3), 3)

F63Reg. 7(2)-(4) inserted (with changes in reg. 7(2) and (4)(a)(iii)) (W.) (13.1.2020) by The Building (Amendment) (Wales) Regulations 2019 (S.I. 2019/1499), regs. 1(4), 2(6)(b) (with reg. 3)

Limitation on requirementsE+W

8.  Parts A to D, F to K, F64[F65, N] and P (except for paragraphs G2, H2 and J7) of Schedule 1 shall not require anything to be done except for the purpose of securing reasonable standards of health and safety for persons in or about buildings (and any others who may be affected by buildings, or matters connected with buildings).

F64Word in reg. 8 omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 4, Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F65Word ", N" in reg. 8 inserted (W. in relation to excepted energy buildings) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 4(3) (with reg. 29)

Exempt buildings and workE+W

9.—(1) Subject to paragraphs (2) F66[F67, (3) and (4)] and regulation 21(1), these Regulations do not apply to—

(a)the erection of any building or extension of a kind described in Schedule 2; or

(b)the carrying out of any work to or in connection with such a building or extension, if after the carrying out of that work it is still a building or extension of a kind described in that Schedule.

(2) The requirements of paragraphs G1 and G3(2) and (3) of Schedule 1 apply—

(a)to any greenhouse which receives a cold or hot water supply from a source shared with or located inside a dwelling; and

(b)to—

(i)any small detached building falling within class 6 in Schedule 2; and

(ii)any extension of a building falling within class 7 in Schedule 2,

which in either case receives a cold or hot water supply from a source shared with or located inside any building other than a building or extension of a kind described in Schedule 2.

(3) The requirements of Part P of Schedule 1 apply to—

(a)any greenhouse F68[F69used for domestic purposes ];

(b)any small detached building falling within class 6 in Schedule 2; and

(c)any extension of a building falling within class 7 in Schedule 2,

which in any case receives its electricity from a source shared with or located inside a dwelling.

F70[F71(4) The requirements of paragraph R1 of Schedule 1 apply to buildings controlled under other legislation falling within class 1 in Schedule 2.]

[F72(4) The requirements of paragraph R1 of Schedule 1 apply to buildings falling within paragraphs 1 and 2 of Class 1 (buildings controlled under other legislation) in Schedule 2.]

F66Words in reg. 9(1) substituted (E., but only in relation to excepted energy buildings in W.) (9.5.2016) by The Building (Amendment) Regulations 2016 (S.I. 2016/490), regs. 1(4), 2(2)(a) (with regs. 1(3), 3)

F67Words in reg. 9(1) substituted (W. but not in relation to excepted energy buildings) (8.4.2016) by The Building (Amendment) (Wales) Regulations 2016 (S.I. 2016/361), regs. 1(4), 2(2)(a) (with regs. 1(3), 3)

F68Words “used for domestic purposes” in reg. 9(3)(a) omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 4(4)(a) (with reg. 29)

F69Words in reg. 9(3)(a) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 5, Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F71Reg. 9(4) inserted (W. but not in relation to excepted energy buildings) (8.4.2016) by The Building (Amendment) (Wales) Regulations 2016 (S.I. 2016/361), regs. 1(4), 2(2)(b) (with regs. 1(3), 3)

F72Reg. 9(4) inserted (E., but only in relation to excepted energy buildings in W.) (9.5.2016) by The Building (Amendment) Regulations 2016 (S.I. 2016/490), regs. 1(4), 2(2)(b) (with regs. 1(3), 3) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Exemption of the [F73Mayor’s Office for Policing and Crime] from procedural requirementsE+W

10.—(1) The [F73Mayor’s Office for Policing and Crime] is hereby prescribed for the purposes of section 5 of the Act (exemption of public bodies from the procedural requirements and enforcement of building regulations).

(2) The [F73Mayor’s Office for Policing and Crime] is exempt from compliance with these Regulations F74F75... in so far as the requirements in these Regulations are not substantive requirements.

F74Words in reg. 10(2) omitted (W. for remaining purposes) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(3) (with reg. 1(3))

F75Words in reg. 10(2) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(3) (with reg. 1(3))

Power to dispense with or relax requirementsE+W

11.—(1) Subject to paragraph (3), the power under section 8(1) of the Act to dispense with or relax any requirement contained in these Regulations shall be exercisable by the local authority.

(2) Any notification by the local authority to an applicant that they have refused the applicant's application to dispense with or relax any requirement of these Regulations shall inform the applicant of the effect of section 39(1) and (3) of the Act (appeal against refusal etc. to relax building regulations).

F76[F77(3) Sub-sections (1) to (5) of section 8 of the Act (relaxation of building regulations) do not apply to regulations 23(1)(a), 25A, 25B, F78[F79and] 26 F80F81... F82[F83and paragraph R1 [F84(in-building physical infrastructure for high-speed electronic communications networks)] of Schedule 1].]

F76Reg. 11(3) substituted (W. but not in relation to excepted energy buildings) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 4 (with reg. 1(2)(3))

F77Reg. 11(3) substituted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (3.6.2013) by The Building (Amendment) Regulations 2013 (S.I. 2013/1105), regs. 1(2), 3(2) (with reg. 1(3)(4))

F78Word "and" in reg. 11(3) omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 4(5)(a) (with reg. 29)

F79Word in reg. 11(3) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(4) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F80Words in reg. 11(3) omitted (W. for remaining purposes) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(4) (with reg. 1(3))

F81Words in reg. 11(3) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(4) (with reg. 1(3))

F82Words in reg. 11(3) substituted (W. but not in relation to excepted energy buildings) (8.4.2016) by The Building (Amendment) (Wales) Regulations 2016 (S.I. 2016/361), regs. 1(4), 2(3) (with regs. 1(3), 3)

F83Words in reg. 11(3) inserted (E., but only in relation to excepted energy buildings in W.) (9.5.2016) by The Building (Amendment) Regulations 2016 (S.I. 2016/490), regs. 1(4), 2(3) (with regs. 1(3), 3) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F84Words in reg. 11(3) omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 4(5)(b) (with reg. 29)

PART 3E+WNotices, Plans and Certificates

Giving of a building notice or deposit of plansE+W

12.—(1) This regulation applies to a person who intends to—

(a)carry out building work;

(b)replace or renovate a thermal element in a building to which the energy efficiency requirements apply;

(c)make a change to a building's energy status; or

(d)make a material change of use.

(2) Subject to the following provisions of this regulation, a person to whom this regulation applies shall—

(a)give to the local authority a building notice in accordance with regulation 13; or

(b)deposit full plans with the local authority in accordance with regulation 14.

(3) A person intending to carry out building work in relation to a building to which the Regulatory Reform (Fire Safety) Order 2005 F85 applies, or will apply after the completion of the building work, shall deposit full plans.

(4) A person intending to carry out building work which includes the erection of a building fronting onto a private street shall deposit full plans.

(5) A person intending to carry out building work in relation to which paragraph H4 of Schedule 1 imposes a requirement shall deposit full plans.

(6) A person intending to carry out building work is not required to give a building notice or deposit full plans where the work consists only of work—

(a)described in column 1 of the Table in Schedule 3 if the work is to be carried out by a person described in the corresponding entry in column 2 of that Table; F86[F87or]

(b)described in Schedule 4 F88[F89; or

(c)described in column 1 of the Table in Schedule 3A if the work is to be inspected by a person described in the corresponding entry in column 2 of that Table (a “third party certifier”) who has been appointed by the person intending to carry out the building work before the commencement of that work].

F90[F91(6A) A person intending to carry out building work in relation to which Part P of Schedule 1 imposes a requirement is required to give a building notice or deposit full plans where the work consists of—

(a)the installation of a new circuit;

(b)the replacement of a consumer unit; or

(c)any addition or alteration to existing circuits in a special location.]

(7) Where regulation 19 of the Building (Approved Inspectors etc) Regulations 2010 F92 (local authority powers in relation to partly completed work) applies, the owner shall comply with the requirements of that regulation instead of with this regulation.

(8) Where—

(a)a person proposes to carry out building work which consists of emergency repairs;

(b)it is not practicable to comply with paragraph (2) before commencing the work; and

(c)paragraph (6) does not apply,

the person shall give a building notice to the local authority as soon as reasonably practicable after commencement of the work.

(9) In this regulation—

fronting” has the meaning given in section 203(3) of the Highways Act 1980 F93; F94[F95and]

private street” has the meaning given in section 203(2) of the Highways Act 1980 F96F97... [F98; and

[F99special location” means—

(a)

within a room containing a bath or shower, the space surrounding a bath tap or shower head, where the space extends—

(i)

vertically from the finished floor level to—

(aa)

a height of 2.25 metres; or

(bb)

the position of the shower head where it is attached to a wall or ceiling at a point higher than 2.25 metres from that level; and

(ii)

horizontally—

(aa)

where there is a bath tub or shower tray, from the edge of the bath tub or shower tray to a distance of 0.6 metres; or

(bb)

where there is no bath tub or shower tray, from the centre point of the shower head where it is attached to the wall or ceiling to a distance of 1.2 metres; or

(b)

a room containing a swimming pool or sauna heater.]]

F86Word in reg. 12(6) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by virtue of The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 2(3)(a)(i) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F88Reg. 12(6)(c) and word "; or" omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 5(1)(a)(ii)(iii) (with reg. 29)

F89Reg. 12(6)(c) and word inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 2(3)(a)(ii) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F91Reg. 12(6A) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 6(a), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F94Word in reg. 12(9) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 6(b)(i), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F95Word "and" in reg. 12(9) omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 5(1)(c)(i) (with reg. 29)

F96Section 203(2) was amended by paragraph 45(11) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c.11) and Part 5 of Schedule 19 to the Planning and Compensation Act 1991 (c.34).

F97Reg. 12(9): full stop omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 6(b)(ii), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

F98Words in reg. 12(9) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 6(b)(ii), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F99Definition of "special location" in reg. 12(9) omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 5(1)(c)(ii) (with reg. 29)

Particulars and plans where a building notice is givenE+W

13.—(1) A building notice shall state the name and address of the person intending to carry out the work and shall be signed by that person or on that person's behalf, and shall contain or be accompanied by—

(a)a statement that it is given for the purpose of regulation 12(2)(a);

(b)a description of the proposed building work, renovation or replacement of a thermal element, change to the building's energy status or material change of use; F100[F101and]

(c)particulars of the location of the building to which the proposal relates and the use or intended use of that building F102[F103; and

(d)in the case of a new dwelling—

(i)a statement whether or not any optional requirement applies to the building work, and if so which, or

(ii)a statement that planning permission has not yet been granted for the work, and that the information required by subparagraph (i) will be supplied before the end of a period of twenty eight days beginning on the day after that permission is granted].

F104[F105(1A) In the case of a new dwelling, where a statement under paragraph (1)(d)(ii) has accompanied the building notice, a statement in the terms required by paragraph (1)(d)(i) must be provided to the local authority before the end of a period of twenty eight days beginning on the day after planning permission is granted for the building work, and the statement must state that it is supplementary to the information given in respect of the work pursuant to paragraph (1)(d).]

(2) In the case of the erection or extension of a building, a building notice shall be accompanied by—

(a)a plan to a scale of not less than 1:1250 showing—

(i)the size and position of the building, or the building as extended, and its relationship to adjoining boundaries;

(ii)the boundaries of the curtilage of the building, or the building as extended, and the size, position and use of every other building or proposed building within that curtilage;

(iii)the width and position of any street on or within the boundaries of the curtilage of the building or the building as extended;

(b)a statement specifying the number of storeys (each basement level being counted as one storey), in the building to which the proposal relates; and

(c)particulars of—

(i)the provision to be made for the drainage of the building or extension; and

(ii)the steps to be taken to comply with any local enactment which applies.

(3) Where a building notice has been given, a person carrying out building work, renovation or replacement of a thermal element, change to the building's energy status or making a material change of use shall give the local authority, within such time as they specify, such plans as are, in the particular case, necessary for the discharge of their functions in relation to building regulations and are specified by them in writing.

(4) Neither a building notice nor plans which accompany it or are given under paragraph (3) are to be treated for the purposes of section 16 of the Act as having been deposited in accordance with building regulations.

(5) A building notice shall cease to have effect on the expiry of three years from the date on which that notice was given to the local authority, unless before the expiry of that period—

(a)the building work to which the notice related was commenced; or

(b)the change to the building's energy status or the material change of use described in the notice was made.

F100Word in reg. 13(1) omitted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by virtue of The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(5)(a)(i) (with regs. 1(3), 4) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F102Reg. 13(1)(d) and word "; or" omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 5(2)(a)(ii)(iii) (with reg. 29)

F103Reg. 13(1)(d) and word inserted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(5)(a)(ii) (with regs. 1(3), 4) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F105Reg. 13(1A) inserted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(5)(b) (with regs. 1(3), 4) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Full plansE+W

14.—(1) Full plans shall be accompanied by a statement that they are deposited for the purpose of regulation 12(2)(b).

(2) (a) Full plans shall be deposited in duplicate, of which the local authority may retain one copy; and

(b)where Part B of Schedule 1 (fire safety) imposes a requirement in relation to proposed building work, an additional two copies of any such plans as demonstrate compliance with that requirement shall be deposited, both of which may be retained by the local authority.

(3) Full plans shall consist of—

(a)a description of the proposed building work, renovation or replacement of a thermal element, change to the building's energy status or material change of use, and the plans, particulars and statements required by paragraphs (1) F106[F107, (1A)] and (2) of regulation 13;

(b)where paragraph H4 of Schedule 1 imposes a requirement, particulars of the precautions to be taken in building over a drain, sewer or disposal main to comply with the requirements of that paragraph; and

(c)any other plans which are necessary to show that the work would comply with these Regulations.

(4) Full plans shall be accompanied by a statement as to whether the building is a building in relation to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of the building work.

F108F109(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Paragraph (2)(b) shall not require the deposit of additional copies of plans where the proposed building work relates to the erection, extension or material alteration of a dwelling-house or flat.

F106Word in reg. 14(3)(a) omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 5(3) (with reg. 29)

F107Word in reg. 14(3)(a) inserted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(6) (with regs. 1(3), 4) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F108Reg. 14(5) omitted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 7, Sch. 1 (with regs. 1(3), 45-47)

F109Reg. 14(5) omitted (W. for remaining purposes) (19.4.2013) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 5 (with reg. 1(2)(3))

Consultation with sewerage undertakerE+W

15.—(1) This regulation applies where full plans have been deposited with the local authority and paragraph H4 of Schedule 1 imposes requirements in relation to the building work which is the subject of those plans.

(2) Where this regulation applies the local authority shall consult the sewerage undertaker—

(a)as soon as practicable after the plans have been deposited; and

(b)before issuing any completion certificate in relation to the building work in accordance with regulation 17 F110[F111or 17A].

(3) Where a local authority are required by paragraph (2) to consult the sewerage undertaker they shall—

(a)give to the sewerage undertaker, in a case where the authority are consulting them following the deposit of full plans, sufficient plans to show whether the work would, if carried out in accordance with those plans, comply with the applicable requirements of paragraph H4 of Schedule 1;

(b)have regard to any views expressed by the sewerage undertaker; and

(c)not pass plans or issue a completion certificate until 15 days have elapsed from the date on which they consulted the sewerage undertaker, unless the sewerage undertaker has expressed its views to them before the expiry of that period.

F110Words in reg. 15(2)(b) substituted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 6 (with reg. 1(2)(3))

F111Words in reg. 15(2)(b) substituted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 8, Sch. 1 (with regs. 1(3), 45-47)

Notice of commencement and completion of certain stages of workE+W

16.—(1) Subject to paragraphs (8) and (9), a person who proposes to carry out building work shall not commence that work unless—

(a)that person has given the local authority notice of intention to commence work; and

(b)at least two days have elapsed since the end of the day on which the notice was given.

F112[F113(2) Subject to paragraph (8), a person carrying out building work shall not—

(a)cover up any excavation for a foundation, any foundation, any damp-proof course or any concrete or other material laid over a site; or

(b)cover up in any way any drain or sewer to which these Regulations apply, unless that person has given the local authority notice of intention to commence that work, and at least one day has elapsed since the end of the day on which the notice was given.

(3) Subject to paragraph (8), a person who has laid, haunched or covered any drain or sewer in respect of which Part H of Schedule 1 (drainage and waste disposal) imposes a requirement shall give notice to that effect to the local authority not more than five days after the completion of the work.]

[F113(2) Subject to paragraph (8), a person carrying out building work must notify the local authority as required by the authority in accordance with paragraph (3).

(3) Subject to the conditions in paragraphs (3A) and (3B), where a local authority receives notice of intention to commence building work under paragraph (1) they may give the person carrying out the work a notice in writing which—

(a)requires that person to notify the authority that a specified stage of the work (other than a stage specified in paragraphs (4) and (5)) has been reached; and

(b)may specify one or more periods of time, applying to each such required notification, which may be either or both of the following—

(i)a period before or after the work has been carried out within which the notification must be made; and

(ii)a period during which the work concerned must not be covered up.

[F114(3A) A local authority may only specify a stage of the building work in accordance with paragraph (3)(a) if at the time they do so they intend to carry out an inspection of that stage.]

[F114(3B) For the purposes of paragraph (3A) the local authority's intention to carry out an inspection of a stage of building work must be based on their assessment of the risk of breach of these Regulations if they do not inspect the work.]]

(4) Subject to paragraph (8), a person carrying out building work shall, not more than five days after that work has been completed, give the local authority notice to that effect.

(5) Where a building is being erected F115[F116to which the Regulatory Reform (Fire Safety) Order 2005 F117 applies, or will apply after the completion of the work ], and that building (or any part of it) is to be occupied before completion, the person carrying out that work shall give the local authority at least five days notice before the building or any part of it is occupied.

(6) A person who fails to comply with paragraphs (1) F118[F119to (3)][F119or (2)] shall comply within a reasonable time with any notice given by the local authority requiring that person to cut into, lay open or pull down so much of the work as prevents them from ascertaining whether these Regulations have been complied with.

(7) If the local authority have given notice specifying the manner in which any work contravenes the requirements in these Regulations, a person who has carried out any further work to secure compliance with these Regulations shall within a reasonable time after the completion of such further work give notice to the local authority of its completion.

(8) Paragraphs (1) to (4) apply only to a person who is required by regulation 12 to give a building notice or deposit full plans.

(9) Paragraph (1) does not apply where regulation 12(8) applies.

F113Reg. 16(2)-(3B) substituted for reg. 16(2)(3) (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 9(a), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F116Words in reg. 16(5) added (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 9(b), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

F117 S.I 2005/1541.

F119Words in reg. 16(6) substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 9(c), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Completion certificatesE+W

17.F120[F121(1) A local authority shall within the specified period give a completion certificate in all cases (including a case where a certificate has already been given under regulation 17A) where they are satisfied, after taking all reasonable steps, that, following completion of building work carried out on it, a building complies with the relevant provisions.

(2) The specified period referred to in paragraph (1) is eight weeks starting from the date on which the person carrying out the building work notifies the local authority that the work has been completed.

(2A) The relevant provisions referred to in paragraph (1) are any applicable requirements of the following provisions—

(a)regulation 25A (high-efficiency alternative systems for new buildings);

(b)regulation 26 (target CO² emission rates for new buildings);

[F122(c)regulation 26A (target fabric energy efficiency requirements for new dwellings);]

F123[F124(c)regulation 26A (primary energy consumption rates for new buildings),

(ca)regulation 26B (fabric performance values for new dwellings),]

(d)regulation 36 (water efficiency of new dwellings);

(e)regulation 38 (fire safety information); F125F126...

(f)Schedule 1] F127[F128,

(g)regulation 7A (energy performance certificates on construction) of the Energy Performance of Buildings (England and Wales) Regulations 2012.]

(4) A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with.

F129[F130(5) The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (4).]

F120Reg. 17(1)-(2A) substituted for reg. 17(1)-(3) (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 8(a) (with reg. 1(2)(3))

F121Reg. 17(1)-(2A) substituted for reg. 17(1)-(3) (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 10(a), Sch. 1 (with regs. 1(3), 45-47)

F122Reg. 17(2A)(c) substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(5)(a) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F123Words “(primary energy consumption rates for new buildings)” substituted for “(target fabric energy efficiency requirements for new dwellings)” in reg. 17(2A)(c) and reg. 17(2A)(ca) inserted (W. in relation to excepted energy buildings) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 5(5) (with reg. 29)

F124Reg. 17(2A)(c)(ca) substituted for reg. 17(2A)(c) (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(5)(a) (with reg. 1(3))

F125Word in reg. 17(2A)(e) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(5)(b) (with reg. 1(3))

F127Reg. 17(2A)(g) added (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(5)(c) (with reg. 1(3))

F128Reg. 17(2A)(g) and comma substituted for full stop (W. for remaining purposes) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(5)(c) (with reg. 1(3))

F129Reg. 17(5) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 8(b) (with reg. 1(2)(3))

F130Reg. 17(5) inserted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 10(b), Sch. 1 (with regs. 1(3), 45-47)

[F131Certificate for building occupied before work is completedE+W

17A.(1) A local authority shall within the specified period give a completion certificate in respect of part or all of a building where building work is being carried out and where all of the following circumstances apply—

(a)part or all of the building is to be occupied before the work is completed;

(b)the building is subject to the Regulatory Reform (Fire Safety) Order 2005; and

(c)the authority is satisfied, after taking all reasonable steps, that, regardless of completion of the current building work, those parts of the building which are to be occupied before completion of the work currently comply with regulation 38 and Part B of Schedule 1.

(2) The specified period referred to in paragraph (1) is four weeks starting from the date that notice is received by the local authority in accordance with regulation 16(5).

(3) A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with, and the certificate shall contain this wording.

(4) The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (3).]

F131Reg. 17A inserted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 11, Sch. 1 (with regs. 1(3), 45-47)

Reg. 17A inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 9 (with reg. 1(2)(3))

Unauthorised building workE+W

18.—(1) This regulation applies where it appears to a local authority that unauthorised building work has been carried out on or after 11th November 1985.

(2) Where this regulation applies, the owner (in this regulation referred to as “the applicant”) may apply in writing to the local authority for a regularisation certificate in accordance with this regulation, and shall send with the application—

(a)a statement that the application is made in accordance with this regulation,

(b)a description of the unauthorised work,

(c)so far as is reasonably practicable, a plan of the unauthorised work, and

(d)so far as is reasonably practicable, a plan showing any additional work required to be carried out to secure that the unauthorised work complies with the requirements relating to building work in the building regulations which were applicable to that work when it was carried out (in this regulation referred to as “the relevant requirements”).

(3) Where a local authority receive an application in accordance with this regulation, they may require the applicant to take such reasonable steps, including laying open the unauthorised work for inspection by the authority, making tests and taking samples, as the authority think appropriate to ascertain what work, if any, is required to secure that the relevant requirements are met.

(4) When the applicant has taken any such steps required by the local authority as are described in paragraph (3), and having had regard to any direction given in accordance with sections 8 and 9 of, and Schedule 2 to, the Act dispensing with or relaxing a requirement in building regulations which applies to the unauthorised work, the local authority shall notify the applicant—

(a)of the work which in their opinion is required to comply with the relevant requirements or those requirements as dispensed with or relaxed, or

(b)that they cannot determine what work is required to comply with the relevant requirements or those requirements as dispensed with or relaxed, or

(c)that no work is required to secure compliance with the relevant requirements or those requirements as dispensed with or relaxed.

(5) Where the local authority have been able to satisfy themselves, after taking all reasonable steps for that purpose that—

(a)the relevant requirements have been satisfied (taking account of any work carried out and any dispensation or relaxation given in accordance with sections 8 and 9 of, and Schedule 2 to, the Act), or

(b)no work is required to secure that the unauthorised work satisfies the relevant requirements (taking account of any such dispensation or relaxation),

they may give a certificate to that effect (in this regulation referred to as “a regularisation certificate”).

(6) A regularisation certificate shall be evidence (but not conclusive evidence) that the relevant requirements specified in the certificate have been complied with.

(7) Where this regulation applies, regulations 12 and 14 shall not apply, and neither the supply of plans nor the taking of any other action in accordance with this regulation is to be treated for the purposes of section 16 of the Act as the deposit of plans in accordance with building regulations.

(8) In this regulation, “unauthorised building work” means building work other than work in relation to which an initial notice, an amendment notice or a public body's notice has effect, which is done without—

(a)a building notice being given to the local authority;

(b)full plans of the work being deposited with the local authority; or

(c)a notice of commencement of work being given, in accordance with regulation 16(1), where a building notice has been given or full plans have been deposited.

PART 4E+WSupervision of Building Work Otherwise than by Local Authorities

Supervision of building work otherwise than by local authoritiesE+W

19.—(1) Regulations 12 (giving of a building notice or deposit of plans), 16 (notice of commencement and completion of certain stages of work), 17 (completion certificates), F132[F13317A (Certificate for building occupied before work is completed)] 20 (provisions applicable to self-certification schemes), 27 (CO2 emission rate calculations), F134F135... 37 (wholesome water consumption calculation), 41 (sound insulation testing), 42 (mechanical ventilation air flow rate testing), 43 (pressure testing), 44 (commissioning), 45 (testing of building work) and 46 (sampling of material) shall not apply in respect of any work specified in an initial notice, an amendment notice or a public body's notice, which is in force.

(2) Regulations 45 and 46 shall not apply in respect of any work in relation to which a final certificate or a public body's final certificate has been accepted by the local authority.

F132Words in reg. 19(1) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 10 (with reg. 1(2)(3))

F133Words in reg. 19(1) inserted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 12, Sch. 1 (with regs. 1(3), 45-47)

F134Words in reg. 19(1) omitted (W. for remaining purposes) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(6) (with reg. 1(3))

F135Words in reg. 19(1) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(6) (with reg. 1(3))

PART 5E+W [F136Self-certification schemes [F137and third party certification schemes]]

F136Pt. 5 heading substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 2(4) (with reg. 1(3))

F137Words in Pt. 5 heading omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 6(1) (with reg. 29)

Provisions applicable to self-certification schemesE+W

20.—(1) This regulation applies to the extent that the building work consists only of work of a type described in column 1 of the Table in Schedule 3 and the work is carried out by a person who is described in the corresponding entry in column 2 of that Table in respect of that type of work.

(2) Where this regulation applies, the local authority are authorised to accept, as evidence that the requirements of regulations 4 and 7 have been satisfied, a certificate to that effect by the person carrying out the work.

(3) Where this regulation applies, the person carrying out the work shall, not more than 30 days after the completion of the work—

(a)give to the occupier a copy of the certificate referred to in paragraph (2); and

(b)give to the local authority—

(i)notice to that effect, or

(ii)the certificate referred to in paragraph (2).

F138[F139(3A) A local authority shall store in a retrievable form copies of the notices and certificates given to it in accordance with paragraph (3)(b).

(3B) If the whole or part of the work was paid for using a green deal plan, the person carrying out the work must include—

(a)in the certificate referred to in paragraph (2); and

(b)in the notice given to the local authority referred to in paragraph (3)(b)(i),

a statement to that effect.

F140[F141(3C) Such a statement that relates to a part of the work must specify which part was paid for using the green deal plan.]

(3D) In this regulation, “green deal plan” has the meaning given in section 1 of the Energy Act 2011.] F142

(4) Paragraph (3) of this regulation does not apply where a person carries out any building work described in Schedule 4.

F143[F144(5) A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with F145[F146, and the certificate shall contain this wording].

(6) The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (5).]

F138Reg. 20(3A)-(3D) inserted (W. for remaining purposes) (19.4.2013 for specified purposes, 1.10.2013 in so far as not already in force) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 11(a) (with reg. 1(2)(3))

F139Reg. 20(3A)-(3D) inserted (E., but only in relation to excepted energy buildings in W.) (28.1.2013 for specified purposes, 1.10.2013 in so far as not already in force) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 13(a), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

F141Reg. 20(3C) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by virtue of The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 2(5)(a) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F143Reg. 20(5)(6) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 11(b) (with reg. 1(2)(3))

F144Reg. 20(5)(6) inserted (E., but only in relation to excepted energy buildings in W.) (28.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 13(b), Sch. 1 (with regs. 1(3), 45-47)

F145Words “, and the certificate shall contain this wording” in reg. 20(5) inserted (W. in relation to excepted energy buildings) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 6(2)(b) (with reg. 29)

F146Words in reg. 20(5) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by virtue of The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 2(5)(b) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Modifications etc. (not altering text)

C2Reg. 20 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1) (as amended (W. in relation to excepted energy buildings) (8.6.2018) by S.I. 2018/558, regs. 1(2), 21 (with reg. 29))

F147[F148Provisions applicable to third party certification schemesE+W

20A.(1) This regulation applies to the extent that the building work consists only of work of a type described in column 1 of the Table in Schedule 3A and the work is inspected by a third party certifier described in column 2 of that Table and appointed in accordance with regulation 12(6)(c).

(2) Where this regulation applies, the local authority are authorised to accept, as evidence that the requirements of regulations 4 and 7 have been complied with, a certificate to that effect by the third party certifier.

(3) Where this regulation applies, the person carrying out the building work must, not more than 7 days after the completion of the work, notify the third party certifier that the work has been completed.

(4) Where the third party certifier, having taken all reasonable steps to ascertain that it is the case, is satisfied within the limits of professional skill and care that the requirements of regulation 4 and 7 have been complied with, the third party certifier must, not more than 30 days after receiving notification of completion of the work under paragraph (3)—

(a)give the occupier a copy of the certificate referred to in paragraph (2); and

(b)give to the local authority—

(i)notice to that effect, or

(ii)the certificate referred to in paragraph (2).

(5) If the third party certifier is unable to certify that the requirements of regulations 4 and 7 have been complied with and therefore cannot provide the certificate referred to in paragraph (2), the third party certifier must notify the local authority to that effect.

(6) A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with.

(7) The certificate shall include a statement describing its evidentiary effect, in terms substantially the same as paragraph (6).]

F148Reg. 20A inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 2(6) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Modifications etc. (not altering text)

C3Reg. 20A applied (with modifications) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), reg. 20(1) (as amended: (6.4.2014) by S.I. 2014/579, regs. 1(4), 3(3)(b) (with reg. 1(3); and (8.6.2013) by S.I. 2018/558, regs. 1(2), 21(b)(i) (with reg. 29))

PART 6E+WEnergy Efficiency Requirements

Application of energy efficiency requirementsE+W

21.—(1) The energy efficiency requirements apply to—

(a)the erection of any building of a kind falling within this paragraph;

(b)the extension of any such building, other than an extension to which paragraph (4) applies; and

(c)the carrying out of any work to or in connection with any such building or extension.

(2) A building falls within paragraph (1) if it—

(a)is a roofed construction having walls;

(b)uses energy to condition the indoor climate; and

(c)does not fall within one or more of the categories listed in paragraph (3).

(3) The categories referred to in paragraph (2)(c) are—

(a)buildings which are—

(i)listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 F149;

(ii)in a conservation area designated in accordance with section 69 of that Act; or

(iii)included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979 F150,

where compliance with the energy efficiency requirements would unacceptably alter their character or appearance;

(b)buildings which are used primarily or solely as places of worship;

(c)temporary buildings with a planned time of use of two years or less, industrial sites, workshops and non-residential agricultural buildings with low energy demand;

(d)stand-alone buildings other than dwellings with a total useful floor area of less than 50m2.

(4) This paragraph applies to any extension of a building falling within class 7 in Schedule 2 except a conservatory or porch—

(a)where any wall, door or window separating the conservatory or porch from that building has been removed and not replaced with a wall, door or window; F151F152...

(b)into which the building's heating system has been extended F153[F154to heat the conservatory or porch; or

(c)in which a fixed heating appliance has been provided to heat the conservatory or porch.]

(5) In this regulation, the following terms have the same meaning as in F155[F156European Parliament and Council Directive 2010/31/EU of 19 May 2010 on the energy performance of buildings (recast)]

(i)“industrial sites”;

(ii)“low energy demand”;

(iii)“non-residential agricultural buildings”;

(iv)“places of worship”;

(v)“stand-alone”;

(vi)“total useful floor area”;

(vii)“workshops”.

F1501979 c.46; section 1 was amended by Schedule 4 to the National Heritage Act 1983 (c.47).

F152Word in reg. 21(4)(a) omitted (W. but not in relation to excepted energy buildings) (31.7.2014) by virtue of The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 4(a) (with reg. 1(2))

F154Reg. 21(4)(c) and words inserted (W. but not in relation to excepted energy buildings) (31.7.2014) by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 4(b) (with regs. 1(2), 10)

F155Words in reg. 21(5) substituted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 12 (with reg. 1(2)(3))

F156Words in reg. 21(5) substituted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 14, Sch. 1 (with reg. 1(3)(4), 45-47)

Requirements relating to a change to energy statusE+W

22.  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 applicable requirements of Part L of Schedule 1.

F157[F158Requirements for the renovation or replacement of thermal elementsE+W

23.(1) Where the renovation of an individual thermal element—

(a)constitutes a major renovation; or

(b)amounts to the renovation of more than 50% of the element’s surface area;

the renovation must be carried out so as to ensure that the whole of the element complies with paragraph L1(a)(i) of Schedule 1, in so far as that is technically, functionally and economically feasible.

(2) Where the whole or any part of an individual thermal element is proposed to be replaced and the replacement—

(a)constitutes a major renovation; or

(b)(in the case of part replacement) amounts to the replacement of more than 50% of the thermal element’s surface area;

the whole of the thermal element must be replaced so as to ensure that it complies with paragraph L1(a)(i) of Schedule 1, in so far as that is technically, functionally and economically feasible.]

F157Reg. 23 substituted (W. for remaining purposes) (19.4.2013 for specified purposes, 9.7.2013 in so far as not already in force) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 13 (with regs. 1(2)(3), 35, 36)

F158Reg. 23 substituted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013 for specified purposes, 9.7.2013 in so far as not already in force) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 15, Sch. 1 (with reg. 1(3)(4), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

Methodology of calculation and expression of energy performanceE+W

24.—(1) The Secretary of State shall approve—

(a)a methodology of calculation of the energy performance of buildings, including methods for calculating asset ratings and operational ratings of buildings; and

(b)ways in which the energy performance of buildings, as calculated in accordance with the methodology, shall be expressed.

(2) In this regulation—

asset rating” means F159[F160an energy performance indicator determined from] the amount of energy estimated to meet the different needs associated with a standardised use of the building; and

F161[F162“operational rating” means an energy performance indicator determined from the amount of energy consumed during the occupation of a building over a period of time and the energy demand associated with a typical use of the building over that period.]

F160Words in reg. 24(2) substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(7)(a) (with reg. 1(3))

F162Words in reg. 24(2) substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(7)(b) (with reg. 1(3))

Minimum energy performance requirements for new buildingsE

[F16325.  Minimum energy performance requirements shall be approved by the Secretary of State, [F164calculated and expressed] in accordance with the methodology approved pursuant to regulation 24, for—

(a)new buildings (which shall include new dwellings), in the form of target CO2 emission rates; F165...

(b)new dwellings, in the form of target fabric energy efficiency rates] [F166; and

(c)new buildings in the form of target primary energy rates].

Extent Information

E1This version of this provision applies to England only; a separate version has been created for Wales only

F163Reg. 25 substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) (No.2) Regulations 2013 (S.I. 2013/1959), regs. 1(5), 4 (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F164Words in reg. 25 inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(8) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Minimum energy performance requirements for new buildingsW

[F39225.  The Welsh Ministers shall approve minimum energy performance requirements for new buildings, in the form of target CO² emission rates, which shall be calculated and expressed in accordance with the methodology approved pursuant to regulation 24.]

Extent Information

E8This version of this provision applies to Wales only; a separate version has been created for England only

F392Reg. 25 substituted (with corresponding changes to match the amendments previously made by S.I. 2012/3119, reg. 16, Sch. 1 and S.I. 2013/747, regs. 1(4), 14 but with a reference to "The Welsh Ministers" rather than to "The Secretary of State") (W. for remaining purposes) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 7(2) (with reg. 29)

F167[F168Consideration of high-efficiency alternative systems for new buildingsE+W

F16725A.(1) Before construction of a new building starts, the person who is to carry out the work must analyse and take into account the technical, environmental and economic feasibility of using high-efficiency alternative systems (such as the following systems) in the construction, if available—

(a)decentralised energy supply systems based on energy from renewable sources;

(b)cogeneration;

(c)district or block heating or cooling, particularly where it is based entirely or partially on energy from renewable sources; and

(d)heat pumps.

(2) The person carrying out the work must—

(a)not later than the beginning of the day before the day on which the work starts, give the local authority a notice which states that the analysis referred to in paragraph (1)—

(i)has been undertaken;

(ii)is documented; and

(iii)the documentation is available to the authority for verification purposes; and

(b)ensure that a copy of the analysis is available for inspection at all reasonable times upon request by an officer of the local authority.

(3) An authorised officer of the local authority may require production of the documentation in order to verify that this regulation has been complied with.

(4) The analysis referred to in paragraph (1)—

(a)may be carried out for individual buildings or for groups of similar buildings or for common typologies of buildings in the same area; and

(b)in so far as it relates to collective heating and cooling systems, may be carried out for all buildings connected to the system in the same area.

(5) In this regulation—

(a)“cogeneration” means simultaneous generation in one process of thermal energy and one or both of the following—

(i)electrical energy;

(ii)mechanical energy;

(b)“district or block heating or cooling” means the distribution of thermal energy in the form of steam, hot water or chilled liquids, from a central source of production through a network of multiple buildings or sites, for the use of space or process heating or cooling;

(c)“energy from renewable sources” means energy from renewable non-fossil sources, namely wind, solar, aerothermal, geothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases; and

(d)“heat pump” means a machine, a device or installation that transfers heat from natural surroundings such as air, water or ground to buildings or industrial applications by reversing the natural flow of heat such that it flows from a lower to a higher temperature. (For reversible heat pumps, it may also move heat from the building to the natural surroundings.)]

F167Regs. 25A, 25B inserted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013 for specified purposes, 9.7.2013 for specified purposes, 1.1.2019 for specified purposes, 31.12.2020 in so far as not already in force) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 17, Sch. 1 (with regs. 1(3)(4), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

F168Regs. 25A, 25B inserted (W. for remaining purposes) (19.4.2013 for specified purposes, 9.7.2013 for specified purposes, 1.1.2019 for specified purposes, 31.12.2020 in so far as not already in force) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 15 (with regs. 1(2)(3), 35, 36)

F167[F168Nearly zero-energy requirements for new buildingsE+W

F16725B.  Where a building is erected, it must be a nearly zero-energy building.]

F167Regs. 25A, 25B inserted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013 for specified purposes, 9.7.2013 for specified purposes, 1.1.2019 for specified purposes, 31.12.2020 in so far as not already in force) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 17, Sch. 1 (with regs. 1(3)(4), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

F168Regs. 25A, 25B inserted (W. for remaining purposes) (19.4.2013 for specified purposes, 9.7.2013 for specified purposes, 1.1.2019 for specified purposes, 31.12.2020 in so far as not already in force) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 15 (with regs. 1(2)(3), 35, 36)

F169[F170New buildings: minimum energy performance requirementsE+W

25C.  Minimum energy performance requirements F169[F171must] be approved by the Welsh Ministers, F169[F172calculated and expressed] in accordance with the methodology approved pursuant to regulation 24, for—

(a)new buildings (other than new dwellings), in the form of target primary energy consumption rates; and

(b)new dwellings, in the form of target fabric performance values.]

F169Reg. 25C inserted (with corresponding changes to match the amendments previously made by S.I. 2014/110, reg. 5 and S.I. 2016/611, reg. 2(9)) (with reg. 1(3))(W. for remaining purposes) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 7(3) (with reg. 29)

F170Reg. 25C inserted (W. but not in relation to excepted energy buildings) (31.7.2014) by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 5 (with reg. 1(2))

F171Word in reg. 25C substituted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(9)(a) (with reg. 1(3))

F172Words in reg. 25C inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(9)(b) (with reg. 1(3))

CO2 emission rates for new buildingsE+W

26.  Where a building is erected, it shall not exceed the target CO2 emission rate for the building that has been approved pursuant to regulation 25 F173[F174, applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24].

F174Words in reg. 26 inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(9) (with reg. 1(3))

[F175Fabric energy efficiency rates]E

[F17626A.  Where a dwelling is erected, it shall not exceed the target fabric energy efficiency rate for the dwelling [F177that has been approved pursuant to regulation 25, applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24].]

Extent Information

E2This version of this provision applies to England only; a separate version has been created for Wales only

F175Reg. 26A heading inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(10)(a) (with reg. 1(3))

F176Reg. 26A inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) (No.2) Regulations 2013 (S.I. 2013/1959), regs. 1(5), 5 (with regs. 1(3), 9)

F177Words in reg. 26A substituted (E., but only in relation to excepted energy buildings in W.) ((6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(10)(b) (with reg. 1(3))

[F393Primary energy consumption rates for new buildings W

26A.  Where a building (other than a dwelling) is erected, it must not exceed the target primary energy consumption rate for the building which has been approved pursuant to regulation 25C(a), applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24.]

Extent Information

E9This version of this provision applies to Wales only; a separate version has been created for England only

F393Reg. 26A (as previously amended by S.I. 2014/110, regs. 1(3), 6 and S.I. 2016/611, regs. 1(4), 2(11)) substituted (W. for remaining purposes) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 7(4) (with reg. 29)

F178[F179Fabric performance values for new dwellingsE+W

26B.  Where a dwelling is erected, it must not exceed the target fabric performance values for the dwelling which have been approved pursuant to regulation 25C(b) F178[F180, applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24].]

F178Reg. 26B inserted (with corresponding changes to match the amendments previously made by S.I. 2014/110, reg. 6 and S.I. 2016/611, reg. 2(12)) (W. for remaining purposes) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 7(5) (with reg. 29)

F179Regs. 26A, 26B inserted (W. but not in relation to excepted energy buildings) (31.7.2014) by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 6 (with regs. 1(2), 10)

F180Words in reg. 26B inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(12) (with reg. 1(3))

[F181Target primary energy rates for new buildingsE+W

26C.  Where a building is erected it must not exceed the target primary energy rate for the building which has been approved pursuant to regulation 25(c), applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24.]

CO2 emission rate calculationsE+W

27.—(1) This regulation applies where a building is erected and regulation 26 applies.

(2) Not later than the day before the work starts, the person carrying out the work shall give the local authority a notice which specifies—

(a)the target CO2 emission rate for the building F182[F183, calculated and expressed in accordance with the methodology approved pursuant to regulation 24],

(b)the F184F185... CO2 emission rate for the building as designed F186[F187, calculated and expressed in accordance with the methodology approved pursuant to regulation 24], and

(c)a list of specifications to which the building is to be constructed.

(3) Not later than five days after the work has been completed, the person carrying out the work shall give the local authority—

(a)a notice which specifies—

(i)the target CO2 emission rate for the building F188[F189, calculated and expressed in accordance with the methodology approved pursuant to regulation 24],

(ii)the F190F191... CO2 emission rate for the building as constructed F192[F193, calculated and expressed in accordance with the methodology approved pursuant to regulation 24], and

(iii)whether the building has been constructed in accordance with the list of specifications referred to in paragraph (2)(c), and if not a list of any changes to those specifications; or

(b)a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraph (a).

(4) A local authority are authorised to accept, as evidence that the requirements of regulation 26 have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce F194[F195energy performance certificates] for that category of building.

(5) In this regulation, “specifications” means specifications used for the calculation of the CO2 emission rate.

F183Words in reg. 27(2)(a) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(11)(a) (with reg. 1(3))

F185Word in reg. 27(2)(b) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(11)(b) (with reg. 1(3))

F187Words in reg. 27(2)(b) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(11)(b) (with reg. 1(3))

F189Words in reg. 27(3)(a)(i) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(11)(c) (with reg. 1(3))

F191Word in reg. 27(3)(a)(ii) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(11)(d) (with reg. 1(3))

F193Words in reg. 27(3)(a)(ii) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(11)(d) (with reg. 1(3))

F195Words in reg. 27(4) substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(11)(e) (with reg. 1(3))

Modifications etc. (not altering text)

C4Reg. 27 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1) (as amended (8.6.2018) by S.I. 2018/558, regs. 1(2), 21 (with reg. 29))

[F196Fabric energy efficiency rate calculationsE

27A.(1) This regulation applies where a dwelling is erected and regulation 26A applies.

(2) Not later than the day before the work starts, the person carrying out the work shall give the local authority a notice which specifies—

(a)the target fabric energy efficiency rate for the dwelling [F197, calculated and expressed in accordance with the methodology approved pursuant to regulation 24];

(b)the F198... fabric energy efficiency rate for the dwelling as designed [F199, calculated and expressed in accordance with the methodology approved pursuant to regulation 24]; and

(c)a list of specifications to which the dwelling is to be constructed.

(3) Not later than five days after the work has been completed, the person carrying out the work shall give the local authority—

(a)a notice which specifies—

(i)the target fabric energy efficiency rate for the dwelling [F200, calculated and expressed in accordance with the methodology approved pursuant to regulation 24];

(ii)the F201... fabric energy efficiency rate for the dwelling as constructed [F202, calculated and expressed in accordance with the methodology approved pursuant to regulation 24]; and

(iii)whether the dwelling has been constructed in accordance with the list of specifications referred to in paragraph (2)(c), and if not a list of any changes to those specifications; or

(b)a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraph (a).

(4) A local authority is authorised to accept, as evidence that the requirements of regulation 26A have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce [F203energy performance certificates] for that category of building.

(5) In this Regulation, “specifications” means specifications used for the calculation of the fabric energy efficiency rate.]

Extent Information

E3This version of this provision applies to England only; a separate version has been created for Wales only

F196Reg. 27A inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) (No.2) Regulations 2013 (S.I. 2013/1959), regs. 1(5), 6 (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F197Words in reg. 27A(2)(a) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(12)(a) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F198Word in reg. 27A(2)(b) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(12)(b) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F199Words in reg. 27A(2)(b) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(12)(b) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F200Words in reg. 27A(3)(a)(i) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(12)(c) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F201Word in reg. 27A(3)(a)(ii) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(12)(d) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F202Words in reg. 27A(3)(a)(ii) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(12)(d) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F203Words in reg. 27A(4) substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(12)(e) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Modifications etc. (not altering text)

C6Reg. 27A(3) applied (with modifications) (6.4.2014) by S.I. 2010/2215, reg. 20(2A) (as inserted by The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 3(3)(c) (with reg. 1(3)))

F394[F205Primary energy consumption rate calculationsW

27A.(1) This regulation applies where a building (other than a dwelling) is erected and regulation 26A applies.

(2) Not later than the day before the work starts, the person carrying out the work must give the local authority a notice which specifies

(a)the target primary energy consumption rate for the building [F395, calculated and expressed in accordance with the methodology approved pursuant to regulation 24];

(b)the F396... primary energy consumption rate for the building as designed [F397, calculated and expressed in accordance with the methodology approved pursuant to regulation 24]; and

(c)a list of specifications to which the building is to be constructed.

(3) Not later than five days after the work has been completed, the person carrying out the work must give the local authority

(a)a notice which specifies

(i)the target primary energy consumption rate for the building [F398, calculated and expressed in accordance with the methodology approved pursuant to regulation 24];

(ii)the F399... primary energy consumption rate for the building as constructed [F400, calculated and expressed in accordance with the methodology approved pursuant to regulation 24]; and

(iii)whether the building has been constructed in accordance with the list of specifications referred to in paragraph 2(c), and if not a list of any changes to those specifications; or

(b)a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraph (a).

(4) A local authority is authorised to accept, as evidence that the requirements of regulation 26A have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce [F401energy performance certificates] for that category of building.

(5) In this regulation, “specifications” means specifications used for the calculation of the primary energy consumption rate.]

Extent Information

E10This version of this provision applies to Wales only; a separate version has been created for England only

F205Regs. 27A, 27B inserted (W. but not in relation to excepted energy buildings) (31.7.2014) by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 7 (with reg. 1(2))

F394Reg. 27A textually amended to match the amendments previously made by S.I. 2014/110, reg. 7 and S.I. 2016/611, reg. 2(14) (W. in relation to excepted energy buildings) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 7(6) (with reg. 29)

F395Words in reg. 27A(2)(a) inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(14)(a) (with reg. 1(3))

F396Word in reg. 27A(2)(b) omitted (W. but not in relation to excepted energy buildings) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(14)(b) (with reg. 1(3))

F397Words in reg. 27A(2)(b) inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(14)(b) (with reg. 1(3))

F398Words in reg. 27A(3)(a)(i) inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(14)(c) (with reg. 1(3))

F399Word in reg. 27A(3)(a)(ii) omitted (W. but not in relation to excepted energy buildings) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(14)(d) (with reg. 1(3))

F400Words in reg. 27A(3)(a)(ii) inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(14)(d) (with reg. 1(3))

F401Words in reg. 27A(4) substituted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(14)(e) (with reg. 1(3))

Modifications etc. (not altering text)

C18Reg. 27A(3) applied (with modifications) (31.7.2014) by S.I. 2010/2215, reg. 20(2A) (as inserted by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 13(c) (with reg. 1(2)))

F204[F205Fabric performance values calculationsE+W

27B.(1) This regulation applies where a dwelling is erected and regulation 26B applies.

(2) Not later than the day before the work starts, the person carrying out the work must give the local authority a notice which specifies

(a)the target fabric performance values for the dwelling F204[F206, calculated and expressed in accordance with the methodology approved pursuant to regulation 24];

(b)the F204F207... fabric performance values for the dwelling as designed F204[F208, calculated and expressed in accordance with the methodology approved pursuant to regulation 24]; and

(c)a list of specifications to which the dwelling is to be constructed.

(3) Not later than five days after the work has been completed, the person carrying out the work must give the local authority

(a)a notice which specifies

(i)the target fabric performance values for the dwelling F204[F209, calculated and expressed in accordance with the methodology approved pursuant to regulation 24];

(ii)the F204F210... fabric performance values for the dwelling as constructed F204[F211, calculated and expressed in accordance with the methodology approved pursuant to regulation 24]; and

(iii)whether the dwelling has been constructed in accordance with the list of specifications referred to in paragraph 2(c), and if not a list of any changes to those specifications; or

(b)a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraph (a).

(4) A local authority is authorised to accept, as evidence that the requirements of regulation 26B have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce F204[F212energy performance certificates] for that category of building.

(5) In this regulation, “specifications” means specifications used for the calculation of the fabric performance values.]

F205Regs. 27A, 27B inserted (W. but not in relation to excepted energy buildings) (31.7.2014) by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 7 (with reg. 1(2))

F206Words in reg. 27B(2)(a) inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(15)(a) (with reg. 1(3))

F207Word in reg. 27B(2)(b) omitted (W. but not in relation to excepted energy buildings) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(15)(b) (with reg. 1(3))

F208Words in reg. 27B(2)(b) inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(15)(b) (with reg. 1(3))

F209Words in reg. 27B(3)(a)(i) inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(15)(c) (with reg. 1(3))

F210Word in reg. 27B(3)(a)(ii) omitted (W. but not in relation to excepted energy buildings) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(15)(d) (with reg. 1(3))

F211Words in reg. 27B(3)(a)(ii) inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(15)(d) (with reg. 1(3))

F212Words in reg. 27B(4) substituted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(15)(e) (with reg. 1(3))

Modifications etc. (not altering text)

C7Reg. 27B(3) applied (with modifications) (31.7.2014) by S.I. 2010/2215, reg. 20(2B) (as inserted by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 13(c) (with reg. 1(2)))

C8Reg. 27B(3) applied (with modifications) (8.6.2018) by S.I. 2010/2215, reg. 20(2B) (as inserted by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 21(b)(iv) (with reg. 29))

[F213Target primary energy rate calculations for new buildingsE+W

27C.(1) This regulation applies where a building is erected.

(2) Not later than the day before the work starts, the person carrying out the work must give the local authority a notice which specifies—

(a)the target primary energy rate for the building calculated and expressed in accordance with the methodology approved pursuant to regulation 24;

(b)the calculated target primary energy rate for the building as designed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24; and

(c)a list of specifications to which the building is to be constructed.

(3) Not later than five days after the work has been completed, the person carrying out the work must give the local authority—

(a)a notice which specifies—

(i)the target primary energy rate for the building calculated and expressed in accordance with the methodology approved pursuant to regulation 24;

(ii)the calculated target primary energy rate for the building as constructed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24; and

(iii)whether the building has been constructed in accordance with the list of specifications referred to in paragraph (2)(c), and if not a list of any changes to those specifications; or

(b)a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraph (a).

(4) A local authority is authorised to accept, as evidence that the requirements of regulation 26C have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce energy performance certificates for that category of building.

(5) In this regulation, “specifications” means specifications used for the calculation of the target primary energy rate.]

Modifications etc. (not altering text)

C9Reg. 27C applied (with modifications) (15.6.2022) by S.I. 2010/2215, reg. 20(1)(2C) (as inserted by The Building Regulations etc. (Amendment) (England) Regulations 2021 (S.I. 2021/1391), regs. 1(1), 16(b)(c) (with regs. 1(2), 17))

Consequential improvements to energy performanceE

28.—(1) Paragraph (2) applies to an existing building with a total useful floor area over 1,000m2 where the proposed building work consists of or includes—

(a)an extension;

(b)the initial provision of any fixed building services; or

(c)an increase to the installed capacity of any fixed building services.

(2) Subject to paragraph (3), where this paragraph applies, such work, if any, shall be carried out as is necessary to ensure that the building complies with the requirements of Part L of Schedule 1.

(3) Nothing in paragraph (2) requires work to be carried out if it is not technically, functionally and economically feasible.

Extent Information

E4This version of this provision applies to England only; a separate version has been created for Wales only

Consequential improvements to energy performanceW

F402[F40328.(1) Paragraph (3) applies to an existing building with a total useful floor area over 1000m2 where the proposed building work consists of or includes—

(a)the initial provision of any fixed building services; or

(b)an increase to the installed capacity of any fixed building services.

(2) Paragraph (3) applies to an existing building where the proposed building work consists of or includes—

(a)an extension; or

(b)the extension of the building’s heating system or the provision of a fixed heating appliance, to heat a previously unheated space.

(3) Subject to paragraph (4), where this paragraph applies, such work, if any, shall be carried out as is necessary to ensure that the building complies with the requirements of Part L of Schedule 1.

(4) Nothing in paragraph (3) requires work to be carried out if it is not technically, functionally and economically feasible.]

Extent Information

E11This version of this provision applies to Wales only; a separate version has been created for England only

F403Reg. 28 substituted (W. but not in relation to excepted energy buildings) (31.7.2014) by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 8 (with regs. 1(2), 10)

Energy performance certificatesE+W

F214F21529.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F214Reg. 29 omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(13) (with reg. 1(3))

Recommendation reportsE+W

F216F21729A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F216Regs. 29A-33 omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(14) (with reg. 1(3))

Energy assessorsE+W

F216F21730.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F216Regs. 29A-33 omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(14) (with reg. 1(3))

Related party disclosuresE+W

F216F21731.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F216Regs. 29A-33 omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(14) (with reg. 1(3))

Duty of careE+W

F216F21732.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F216Regs. 29A-33 omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(14) (with reg. 1(3))

Right to copy documentsE+W

F216F21733.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F216Regs. 29A-33 omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(14) (with reg. 1(3))

[F218Application of building regulations to educational buildings, buildings of statutory undertakers and Crown BuildingsE+W

34.(1) Regulations [F21911(3),] 21, 23(1)(a), F220[F22125] [F22025(a)], 25A, 25B, 26 F222F223... and 35(1) apply (in so far as applicable by virtue of regulation 21) to—

(a)educational buildings and buildings of statutory undertakers (notwithstanding section 4(1) of the Act);

(b)Crown buildings; and

(c)building work carried out or proposed to be carried out by Crown authorities.

(2) In this regulation “educational buildings and buildings of statutory undertakers” means buildings which fall within paragraphs (a), (b) or (c) of section 4(1) of the Act.]

F219Word in reg. 34(1) inserted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (3.6.2013) by The Building (Amendment) Regulations 2013 (S.I. 2013/1105), regs. 1(2), 3(3) (with reg. 1(3)(4))

F220Word "25(a)" in reg. 34 substituted for “25” (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) (No.2) Regulations 2013 (S.I. 2013/1959), regs. 1(5), 7 (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F221Word “25” in reg. 34 substituted for "25(a)" (W. in relation to excepted energy buildings) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 7(9) (with reg. 29)

F222Words in reg. 34(1) omitted (W. for remaining purposes) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(18) (with reg. 1(3))

F223Words in reg. 34(1) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(15) (with reg. 1(3))

Interpretation of Part 6E+W

35.—(1) In this Part—

building” means the building as a whole or parts of it that have been designed or altered to be used separately;

F224[F225“building envelope” in relation to a building means the walls, floor, roof, windows, doors, roof windows and roof-lights;

“Crown authority” means the Crown Estate Commissioners, a Minister of the Crown, a government department, any other person or body whose functions are performed on behalf of the Crown (not being a person whose functions are performed on behalf of Her Majesty in her private capacity), or a person acting in right of the Duchy of Lancaster or the Duchy of Cornwall;

“Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a Government Department, or held in trust for Her Majesty for the purposes of a government department;

“Crown building” means a building in which there is a Crown interest or a Duchy interest;

“Duchy interest” means an interest belonging to her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall;]

energy assessor” means an individual who is a member of an accreditation scheme approved by the Secretary of State in accordance with F226[F227regulation 22 (accreditation schemes) of the Energy Performance of Buildings (England and Wales) Regulations 2012]; F228F229...

F230[F231“energy performance certificate” means a certificate which complies with the requirements of regulation 9 (energy performance certificates) or 9A (energy performance certificates in respect of excluded buildings) of the Energy Performance of Buildings (England and Wales) Regulations 2012;”;

“energy performance of a building” means the calculated or measured amount of energy needed to meet the energy demand associated with a typical use of the building, which includes, inter alia, energy used for heating, cooling, ventilation, hot water and lighting;]

F232[F233“fabric energy efficiency” means the space heating and cooling requirements per square metre of floor area of a new dwelling;]

F234[F235“major renovation” means the renovation of a building where more than 25% of the surface area of the building envelope undergoes renovation; F236...

“nearly zero-energy building” means a building that has a very high energy performance, as determined in accordance with a methodology approved under regulation 24, where the nearly zero or very low amount of energy required should be covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearby];

F232[F237“new dwelling” does not include a dwelling that is formed by a material change of use of a building].

F238F239...

F240F241(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F224Words in reg. 35(1) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 20(a) (with reg. 1(2)(3))

F225Words in reg. 35(1) inserted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 23(a), Sch. 1 (with reg. 1(3)(4), 45-47)

F227Words in reg. 35(1) substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(16)(a)(i) (with reg. 1(3))

F228Word in reg. 35(1) omitted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 23(b)(i), Sch. 1 (with reg. 1(3)(4), 45-47)

F229Word in reg. 35(1) omitted (W. for remaining purposes) (19.4.2013) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 20(b)(i) (with reg. 1(2)(3))

F231Words in reg. 35(1) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(16)(a)(ii) (with reg. 1(3))

F232Definitions of “fabric energy efficiency” and “new dwelling” in reg. 35 omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 7(10) (with reg. 29)

F233Words in reg. 35 inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) (No.2) Regulations 2013 (S.I. 2013/1959), regs. 1(5), 8 (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F234Words in reg. 35(1) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 20(b)(ii) (with reg. 1(2)(3))

F235Words in reg. 35(1) inserted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 23(b)(ii), Sch. 1 (with reg. 1(3)(4), 45-47)

F236Word in reg. 35 omitted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by virtue of The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(7)(a) (with reg. 1(3))

F237Words in reg. 35 inserted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(7)(b) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F238Words in reg. 35(1) omitted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 23(c), Sch. 1 (with reg. 1(3)(4), 45-47)

F239Words in reg. 35(1) omitted (W. for remaining purposes) (19.4.2013) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 20(b)(iii) (with reg. 1(2)(3))

F240Reg. 35(2) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(16)(b) (with reg. 1(3))

PART 7E+WWater Efficiency

Water efficiency of new dwellingsE

[F24236.(1) The potential consumption of wholesome water by persons occupying a new dwelling must not exceed the requirement in paragraph (2).

(2) The requirement referred to in paragraph (1) is either—

(a)125 litres per person per day; or

(b)in a case to which paragraph (3) applies, the optional requirement of 110 litres per person per day,

as measured in either case in accordance with a methodology approved by the Secretary of State.

(3) This paragraph applies where the planning permission under which the building work is carried out—

(a)specifies the optional requirement in paragraph (2)(b); and

(b)makes it a condition that that requirement must be complied with.

(4) In this Part, “new dwelling” does not include a dwelling that is formed by a material change of use of a building within the meaning of regulation 5(g).]

Extent Information

E5This version of this provision applies to England only; a separate version has been created for Wales only

F242Reg. 36 substituted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(8) (with regs. 1(3), 4) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Water efficiency of new dwellingsW

[F40436.(1) This regulation applies where a dwelling is—

(a)erected; or

(b)formed by a material change of use of a building within the meaning of regulation 5(a) or (b).

(2) The potential consumption of wholesome water by persons occupying a dwelling to which this regulation applies must not exceed the requirement in paragraph (3).

(3) The requirement referred to in paragraph (2) is—

(a)where a dwelling is erected, 110 litres per person per day; or

(b)where a dwelling is formed by a material change of use of a building within the meaning of regulation 5(a) or (b), 125 litres per person per day,

as measured in either case in accordance with a methodology approved by the Welsh Ministers.]

Extent Information

E12This version of this provision applies to Wales only; a separate version has been created for England only

Wholesome water consumption calculationE

[F24337.(1) Where regulation 36 applies, the person carrying out the work must give the local authority a notice which specifies—

(a)which of the requirements in regulation 36(2)(a) or (b) applies to the dwelling; and

(b)the potential consumption of wholesome water per person per day in relation to the completed dwelling.]

(2) The notice shall be given to the local authority not later than five days after the work has been completed.

Extent Information

E6This version of this provision applies to England only; a separate version has been created for Wales only

F243Reg. 37(1) substituted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(9) (with regs. 1(3), 4) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Modifications etc. (not altering text)

C10Reg. 37 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1) (as amended (8.6.2018) by S.I. 2018/558, regs. 1(2), 21 (with reg. 29))

Wholesome water consumption calculationW

[F40537.(1) Where regulation 36 applies, the person carrying out the work must give the local authority a notice which specifies the potential consumption of wholesome water per person per day in relation to the completed dwelling.]

(2) The notice shall be given to the local authority not later than five days after the work has been completed.

Extent Information

E13This version of this provision applies to Wales only; a separate version has been created for England only

Modifications etc. (not altering text)

C19Reg. 37 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1) (as amended (8.6.2018) by S.I. 2018/558, regs. 1(2), 21 (with reg. 29))

F244[F245PART 7AE+WAutomatic fire suppression systems

F244Pt. 7A inserted (with minor changes to the text of reg. 37A(1)(a) and matching text for substituted reg. 37A(1)(b)(i)) (W. for remaining purposes) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 9 (with reg. 29)

F245Pt. 7A inserted (W., but not in relation to excepted energy buildings) (30.4.2014 for specified purposes, 1.1.2016 in so far as not already in force) by The Building Regulations &c. (Amendment No. 3) and Domestic Fire Safety (Wales) Regulations 2013 (S.I. 2013/2730), regs. 1(2), 4(2) (with regs. 1(3), 6)

Provision of automatic fire suppression systemsE+W

37A.(1) This regulation applies where building work consists of the erection or material change of use of a building in relation to—

(a)care homes [F246, which] [F247means places at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, [F248is] provided wholly or mainly to persons aged 18 or over];

(b)rooms for residential purposes other than rooms in—

F244[F249(i)a hostel providing temporary accommodation to those who are ordinarily resident elsewhere;]

(ii)an hotel;

(iii)a prison or young offender institution; and

(iv)a hospital;

(c)dwelling-houses and flats,

subject to paragraphs (4) and (5).

(2) For the purposes of this regulation a material change of use comprises or includes a change of use within regulation 5 (a), (b), (c), (d), (g), (h) or (i).

(3) A building to which this regulation applies must be provided with an automatic fire suppression system which is installed and operates in accordance with the requirements set in regulation 37B.

(4) This regulation does not apply to buildings which are—

(a)listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990;

(b)in a conservation area designated in accordance with section 69 of that Act; or

(c)included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979,

where installation of a fire suppression system would unacceptably alter their character or appearance.

(5) This regulation does not apply to temporary buildings with a planned time of use of two years or less.

Requirements of automatic fire suppression systemsE+W

37B.  For the purposes of regulation 37A(3), the requirements of an automatic fire suppression system are the requirements set out in any document approved and issued under section 6 of the Building Act 1984 for the purpose of providing practical guidance as to the requirements of regulation 37A.]

PART 8E+WInformation to be Provided by the Person Carrying Out Work

Fire safety informationE+W

38.—(1) This regulation applies where building work—

(a)consists of or includes the erection or extension of a relevant building; or

(b)is carried out in connection with a relevant change of use of a building,

and Part B of Schedule 1 imposes a requirement in relation to the work.

(2) The person carrying out the work shall give fire safety information to the responsible person not later than the date of completion of the work, or the date of occupation of the building or extension, whichever is the earlier.

(3) In this regulation—

(a)fire safety information” means information relating to the design and construction of the building or extension, and the services, fittings and equipment provided in or in connection with the building or extension which will assist the responsible person to operate and maintain the building or extension with reasonable safety;

(b)a “relevant building” is a building to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of building work;

(c)a “relevant change of use” is a material change of use where, after the change of use takes place, the Regulatory Reform (Fire Safety) Order 2005 will apply, or continue to apply, to the building; and

(d)responsible person” has the meaning given by article 3 of the Regulatory Reform (Fire Safety) Order 2005.

Information about ventilationE+W

39.—(1) This regulation applies where paragraph F1(1) of Schedule 1 imposes a requirement in relation to building work.

(2) The person carrying out the work shall not later than five days after the work has been completed give sufficient information to the owner about the building's ventilation system and its maintenance requirements so that the ventilation system can be operated in such a manner as to provide adequate means of ventilation.

Information about use of fuel and powerE+W

40.—(1) This regulation applies where paragraph L1 of Schedule 1 imposes a requirement in relation to building work.

(2) The person carrying out the work shall not later than five days after the work has been completed provide to the owner sufficient information about the building, the fixed building services and their maintenance requirements so that the building can be operated in such a manner as to use no more fuel and power than is reasonable in the circumstances.

[F250Information about systems for on-site generation of electricityE+W

40A.(1) This regulation applies to building work in respect of a building in relation to which paragraph L2 of Schedule 1 applies.

(2) The person carrying out the work must, not later than five days after the work has been completed, provide to the owner sufficient information about the system for on-site electricity generation in respect of its operation and maintenance requirements so that the system may be operated and maintained in such a manner as to produce the maximum electricity that is reasonable in the circumstances and delivers this electricity to the optimal place for use.

Information about overheatingE+W

40B.(1) This regulation applies to building work in respect of a building where Part O of Schedule 1 applies.

(2) The person carrying out the work must, not later than five days after the work has been completed, give sufficient information to the owner about the provision made in accordance with Part O so that the systems in place further to Part O can be operated in such a manner as to protect against overheating.]

PART 9E+WTesting and Commissioning

Sound insulation testingE+W

41.—(1) Subject to paragraph (4) below, this regulation applies to—

(a)building work in relation to which paragraph El of Schedule 1 imposes a requirement; and

(b)work which is required to be carried out to a building to ensure that it complies with paragraph E1 of Schedule 1 by virtue of regulation 6(1)(f) or 6(2)(b).

(2) Where this regulation applies, the person carrying out the work shall, for the purpose of ensuring compliance with paragraph El of Schedule 1—

(a)ensure that appropriate sound insulation testing is carried out in accordance with a procedure approved by the Secretary of State; and

(b)give a copy of the results of the testing referred to in sub-paragraph (a) to the local authority.

(3) The results of the testing referred to in paragraph (2)(a) shall be—

(a)recorded in a manner approved by the Secretary of State; and

(b)given to the local authority in accordance with paragraph (2)(b) not later than the date on which the notice required by regulation 16(4) is given.

(4) Where building work consists of the erection of a dwelling-house or a building containing flats, this regulation does not apply to any part of the building in relation to which the person carrying out the building work notifies the local authority, not later than the date on which notice of commencement of the work is given under regulation 16(1), that, for the purpose of achieving compliance of the work with paragraph E1 of Schedule 1, the person is using one or more design details approved by Robust Details Limited F251, provided that—

(a)the notification specifies—

(i)the part or parts of the building in respect of which the person is using the design detail;

(ii)the design detail concerned; and

(iii)the unique number issued by Robust Details Limited in respect of the specified use of that design detail; and

(b)the building work carried out in respect of the part or parts of the building identified in the notification is in accordance with the design detail specified in the notification.

F251A company formed and registered under the Companies Acts with the registration number 04980223.

Modifications etc. (not altering text)

C12Reg. 41 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1) (as amended (8.6.2018) by S.I. 2018/558, regs. 1(2), 21 (with reg. 29))

Mechanical ventilation air flow rate testingE+W

42.—(1) This regulation applies where paragraph F1(1) of Schedule 1 imposes a requirement in relation to the creation of a new dwelling by building work.

(2) The person carrying out the work shall, for the purpose of ensuring compliance with paragraph F1(1) of Schedule 1—

(a)ensure that testing of the mechanical ventilation air flow rate is carried out in accordance with a procedure approved by the Secretary of State; and

(b)give notice of the results of the testing to the local authority.

(3) The notice referred to in paragraph (2)(b) shall—

(a)record the results and the data upon which they are based in a manner approved by the Secretary of State; and

(b)be given to the local authority not later than five days after the final test is carried out.

Modifications etc. (not altering text)

C13Reg. 42 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1) (as amended (8.6.2018) by S.I. 2018/558, regs. 1(2), 21 (with reg. 29))

Pressure testingE+W

43.—(1) This regulation applies to the erection of a building in relation to which paragraph L1(a)(i) of Schedule 1 imposes a requirement.

(2) Where this regulation applies, the person carrying out the work shall, for the purpose of ensuring compliance with regulation 26 F252[F253and regulation 26A] and paragraph L1(a)(i) of Schedule 1—

(a)ensure that—

(i)pressure testing is carried out in such circumstances as are approved by the Secretary of State; and

(ii)the testing is carried out in accordance with a procedure approved by the Secretary of State; and

(b)subject to paragraph (5), give notice of the results of the testing to the local authority.

(3) The notice referred to in paragraph (2)(b) shall—

(a)record the results and the data upon which they are based in a manner approved by the Secretary of State; and

(b)be given to the local authority not later than seven days after the final test is carried out.

(4) A local authority are authorised to accept, as evidence that the requirements of paragraph (2)(a)(ii) have been satisfied, a certificate to that effect by a person who is registered by F254F255... [F256[F257, the Independent Air Tightness Testing Scheme Limited]][F256Elmhurst Energy Systems Limited] F258[F259or the Air Tightness Testing and Measurement Association] in respect of pressure testing for the air tightness of buildings.

(5) Where such a certificate contains the information required by paragraph (3)(a), paragraph (2)(b) does not apply.

F252Words “and regulation 26A” in reg. 43(2) omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 10 (with reg. 29)

F253Words in reg. 43(2) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 2(7) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F254Words in reg. 43(4) omitted (W. for remaining purposes) (31.12.2015) by virtue of The Building (Amendment) (Wales) Regulations 2015 (S.I. 2015/1486), regs. 1(3)(b), 4(b) (with reg. 1(2))

F255Words in reg. 43(4) omitted (E., but only in relation to excepted energy buildings in W.) (31.12.2015) by virtue of The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(c), 2(10)(b) (with reg. 1(3))

F257Words in reg. 43(4) added (E., but only in relation to excepted energy buildings in W.) (18.4.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(a), 2(10)(a) (with reg. 1(3))

Words in reg. 43(4) inserted (W. for remaining purposes) (31.7.2015) by The Building (Amendment) (Wales) Regulations 2015 (S.I. 2015/1486), regs. 1(3)(a), 4(a) (with reg. 1(2))

F258Words in reg. 43(4) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 21 (with reg. 1(2)(3))

F259Words in reg. 43(4) inserted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 24, Sch. 1 (with regs. 1(3), 45-47)

Modifications etc. (not altering text)

C14Reg. 43 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1) (as amended (8.6.2018) by S.I. 2018/558, regs. 1(2), 21 (with reg. 29))

CommissioningE+W

44.—(1) This regulation applies to building work in relation to which paragraph F1(2) of Schedule 1 imposes a requirement, but does not apply to the provision or extension of any fixed system for mechanical ventilation or any associated controls where testing and adjustment is not possible.

(2) This regulation also applies to building work in relation to which paragraph L1(b) of Schedule 1 imposes a requirement, but does not apply to the provision or extension of any fixed building service where testing and adjustment is not possible or would not affect the energy efficiency of that fixed building service.

(3) Where this regulation applies the person carrying out the work shall, for the purpose of ensuring compliance with paragraph F1(2) or L1(b) of Schedule 1, give to the local authority a notice confirming that the fixed building services have been commissioned in accordance with a procedure approved by the Secretary of State.

(4) The notice shall be given to the local authority—

(a)not later than the date on which the notice required by regulation 16(4) is required to be given; or

(b)where that regulation does not apply, not more than 30 days after completion of the work.

Modifications etc. (not altering text)

C15Reg. 44 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1) (as amended (8.6.2018) by S.I. 2018/558, regs. 1(2), 21 (with reg. 29))

[F260Commissioning in respect of a system for on-site electricity generationE+W

44ZA.(1) This regulation applies to building work in respect of a building in relation to which paragraph L2 of Schedule 1 imposes a requirement, but does not apply to the provision or extension of any system for on-site electricity generation where testing and adjustment is not possible.

(2) Where this regulation applies the person carrying out the work must, for the purpose of ensuring compliance with paragraph L2 of Schedule 1, give to the local authority a notice confirming that the system for on-site electricity generation has been commissioned.

(3) The notice must be given to the local authority—

(a)not later than the date on which the notice required by regulation 16(4) is required to be given; or

(b)where that regulation does not apply, not more than 30 days after completion of the work.]

Modifications etc. (not altering text)

C17Reg. 44ZA applied (with modifications) (15.6.2022) by S.I. 2010/2215, reg. 20(1)(6A) (as inserted (E.) by The Building Regulations etc. (Amendment) (England) Regulations 2021 (S.I. 2021/1391), regs. 1(1), 16(b)(d) (with regs. 1(2), 17))

F261[F262PART 9AE+WPhysical infrastructure for high speed electronic communications networks

F261Pt. 9A inserted (with s. 44A(1)(2) and without s. 44B(a)(iii) and word) (E., but only in relation to excepted energy buildings in W.) (9.5.2016) by The Building (Amendment) Regulations 2016 (S.I. 2016/490), regs. 1(4), 2(4) (with regs. 1(3), 3) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F262Pt. 9A inserted (W. but not in relation to excepted energy buildings) (8.4.2016) by The Building (Amendment) (Wales) Regulations 2016 (S.I. 2016/361), regs. 1(4), 2(4) (with regs. 1(3), 3)

Application of paragraph R1 of Schedule 1 to educational buildings, buildings of statutory undertakers and Crown buildingsE

[F26144A.(1) The requirements of paragraph R1 (in-building physical infrastructure for high-speed electronic communications networks) of Schedule 1 apply (insofar as applicable to other buildings) also to—

(a)educational buildings and buildings of statutory undertakers (notwithstanding section 4(1) of the Act);

(b)Crown buildings; and

(c)building work carried out or proposed to be carried out by Crown authorities.

(2) In this regulation “educational buildings and buildings of statutory undertakers” means buildings that fall within paragraphs (a), (b) or (c) of section 4(1) of the Act]

Extent Information

E7This version of this provision applies to England only; a separate version has been created for Wales only

[F406Application of paragraph R1 of Schedule 1 to educational buildings, buildings of statutory undertakers and Crown buildingsW

[F40744A.  The requirements of paragraph R1 (in-building physical infrastructure for high-speed electronic communications networks) of Schedule 1 apply to—

(a)educational buildings and buildings of statutory undertakers, falling within paragraphs (a), (b) or (c) of section 4(1) of the Act (notwithstanding section 4(1) of the Act);

(b)Crown buildings; and

(c)building work carried out or proposed to be carried out by Crown authorities.]]

Extent Information

E14This version of this provision applies to Wales only; a separate version has been created for England only

F406Pt. 9A inserted (W. but not in relation to excepted energy buildings) (8.4.2016) by The Building (Amendment) (Wales) Regulations 2016 (S.I. 2016/361), regs. 1(4), 2(4) (with regs. 1(3), 3)

Exemptions from paragraph R1 of Schedule 1E+W

44B.  The requirements of paragraph R1 (in-building physical infrastructure for high-speed electronic communications networks) of Schedule 1 do not apply to the following types of building or building work—

(a)buildings which are—

(i)listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990, F263[F261or]

(ii)in a conservation area designated in accordance with section 69 of that Act, F264[F261or

(iii)included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979,]

where compliance with paragraph R1 of Schedule 1 would unacceptably alter their character or appearance;

(b)buildings—

(i)occupied by the Ministry of Defence or the armed forces of the Crown, or

(ii)otherwise occupied for purposes connected to national security;

(c)buildings situated in isolated areas where the prospect of high-speed connection is considered too remote to justify equipping the building with high-speed ready in-building physical infrastructure or an access point;

(d)major renovation works in cases in which the cost of compliance with paragraph R1 of Schedule 1 would be disproportionate to the benefit gained.

Interpretation of Part R of Schedule 1E+W

44C.  In Part R of Schedule 1—

“access point” means a physical point, located inside or outside the building, accessible to undertakings providing or authorised to provide public communications networks, where connection to the high-speed ready in-building physical infrastructure is made available;

“high-speed electronic communications network” means an electronic communications network which is capable of delivering broadband access services at speeds of at least 30 Mbps;

“high-speed ready in-building physical infrastructure” means in-building physical infrastructure intended to host elements, or enable delivery, of high-speed electronic communications networks;

“in-building physical infrastructure” means physical infrastructure or installations at the end-user’s location, including elements under joint ownership, intended to host wired or wireless access networks, where such access networks are capable of delivering electronic communications services and connecting the building access point with the network termination point;

“major renovation works” means works at the end-user’s location encompassing structural modifications of the entire in-building physical infrastructure, or of a significant part of it;

“network termination point” means a physical point at which an occupier is provided with access to high-speed electronic communications networks.]

[F265PART 9BE+WInfrastructure for the charging of electric vehicles

Application of paragraph S1 of Schedule 1 (the erection of new residential buildings)E+W

44D.(1) The requirements of paragraph S1 of Schedule 1 apply in relation to the erection of a new residential building with associated parking as follows.

(2) The number of electric vehicle charge points that must be installed is the maximum number of electric vehicle charge points that it is possible to install at an average sum of £3600 or less for the connection cost of each electric vehicle charge point connection (“the £3600 cap”).

(3) If it is not possible to completely fulfil the requirements of paragraph S1(2) of Schedule 1 as a result of the operation of the £3600 cap, cable routes for electric vehicle charge points must be installed in the associated parking spaces that would otherwise be required to have electric vehicle charge points, but for the operation of the £3600 cap.

(4) Where the new residential building has, or will have, associated parking that is situated within a covered car park—

(a)if there are or will be any associated parking spaces situated in a position other than in a covered car park—

(i)the requirements of paragraph S1 of Schedule 1 must first be applied in relation to those parking spaces; then

(ii)if the number of associated parking spaces, which are situated in a position other than in a covered car park, is insufficient to completely fulfil the requirements of paragraph S1(2) of Schedule 1, cable routes for electric vehicle charge points must be installed in—

(aa)the number of parking spaces in the covered car park which, when added to the number of associated parking spaces which are situated in a position other than in the covered car park, corresponds to the total number of dwellings with associated parking, where the total number of associated parking spaces is 10 or less;

(bb)all the associated parking spaces in the covered car park, where the total number of associated parking spaces is both less than the number of dwellings with associated parking and 10 or less; and

(cc)all the associated parking spaces in the covered car park, where the total number of associated parking spaces is more than 10;

(b)if all the associated parking spaces are situated in a covered car park, cable routes for electric vehicle charge points must be installed—

(i)where there are 10 or fewer parking spaces—

(aa)in the number of associated parking spaces in the covered car park which corresponds to the total number of dwellings with associated parking;

(bb)in all the parking spaces where there are fewer parking spaces than there are dwellings;

(ii)in all the parking spaces in the covered car park, where there are more than 10 parking spaces.

Application of paragraph S2 of Schedule 1 (dwellings resulting from a material change of use)E+W

44E.(1) The requirements of paragraph S2 of Schedule 1 apply to a building, or a part of a building, undergoing a material change of use to result in one or more dwellings as follows.

(2) The requirements of paragraph S2 of Schedule 1 apply—

(a)if—

(i)the circumstances specified in regulation 5(a), (b) or (g) apply; and

(ii)the material change of use involves building work being done which includes work being done to any of the following—

(aa)to a car park that is located within the site boundary of the building, where the nature of the work is such that it would be reasonable to expect that work to include enabling the requirements of paragraph S2 of Schedule 1 to be fulfilled;

(bb)the electrical infrastructure of a car park, where that car park is located within the site boundary of the building;

(cc)the electrical infrastructure of the building, where a car park is located inside the building;

(b)subject to paragraph (3), if an electric vehicle charge point for each dwelling resulting from a building, or a part of a building, undergoing a material change of use can be accommodated within the incoming electrical supply to the building without having to upgrade the capacity of the incoming electrical supply to the building; and

(c)if the building is not one in relation to which paragraph (4) applies.

(3) If paragraph (2)(a) and (c) applies, but electric vehicle charge points for some but not all of the dwellings resulting from a building, or a part of a building, undergoing a material change of use can be accommodated within the incoming electrical supply to that building—

(a)the requirements of paragraph S2 of Schedule 1 apply in respect of the maximum number of electric vehicle charge points that can be accommodated within the incoming electrical supply; and

(b)cable routes for electric vehicle charge points must be installed in the associated parking spaces that would otherwise have been required under paragraph S2 of Schedule 1 to have had electric vehicle charge points installed.

(4) The requirements of paragraph S2 of Schedule 1 do not apply if a building, or a part of a building, is—

(a)listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990;

(b)in a conservation area designated in accordance with section 69 of that Act; or

(c)included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979,

where compliance with the requirements of paragraph S2 of Schedule 1 would unacceptably alter the building’s character or appearance.

(5) If the building, or a part of a building, undergoing a material change of use to result in one or more dwellings has, or will have, associated parking that is situated within a covered car park—

(a)if there are or will be any associated parking spaces situated in a position other than in a covered car park—

(i)the requirements of paragraph S2 of Schedule 1 must first be applied in relation to those associated parking spaces; then

(ii)if the number of associated parking spaces, which are situated in a position other than in a covered car park, is insufficient to completely fulfil the requirements of paragraph S2 of Schedule 1, cable routes for electric vehicle charge points must be installed in—

(aa)all the associated parking spaces in the covered car park, where the total number of parking spaces is less than the number of such dwellings with associated parking; or

(bb)the number of associated parking spaces in the covered car park which, when added to the number of associated parking spaces which are situated in a position other than in a covered car park, corresponds to the total number of such dwellings with associated parking;

(b)if all the associated parking spaces are situated in a covered car park, cable routes for electric vehicle charge points must be installed in—

(i)all those associated parking spaces, where there are fewer parking spaces than there are such dwellings with associated parking; or

(ii)the number of those associated parking spaces that corresponds to the total number of such dwellings with associated parking.

Application of paragraph S3 of Schedule 1 (residential buildings undergoing major renovation)E+W

44F.(1) The requirements of paragraph S3 of Schedule 1 apply to a residential building undergoing major renovation as follows.

(2) The requirements of paragraph S3 of Schedule 1 apply if—

(a)the major renovation involves building work being done which includes work being done to any of the following—

(i)a car park that is located within the site boundary of the building, where the nature of the work is such that it would be reasonable to expect that work to include enabling the requirements of paragraph S3 of Schedule 1 to be fulfilled;

(ii)the electrical infrastructure of a car park, where the car park is located within the site boundary of the building;

(iii)the electrical infrastructure of the building, where a car park is located inside the building;

(b)the residential building will have more than 10 associated parking spaces upon completion of that work;

(c)subject to paragraph (3), all the required electric vehicle charge points can be accommodated within the incoming electrical supply to the building;

(d)the cost of installing all the required electric vehicle charge points and cable routes for electric vehicle charge points does not exceed 7% of the total cost of the major renovation; and

(e)the residential building is not one in relation to which paragraph (5) applies.

(3) If paragraph (2)(a), (b) and (e) applies, but all the required electric vehicle charge points cannot be accommodated within the incoming electrical supply to the building—

(a)the requirements of paragraph S3 of Schedule 1 apply in respect of the maximum number of electric vehicle charge points that can be accommodated within the incoming electrical supply to the building; and

(b)cable routes for electric vehicle charge points must be installed in all remaining associated parking spaces.

(4) If the cost of installing the required electric vehicle charge points and cable routes for electric vehicle charge points exceeds 7% of the total cost of the major renovation—

(a)the residential building is exempt from the requirement to install any electric vehicle charge point; and

(b)cable routes for electric vehicle charge points must be installed in all associated parking spaces, except where the cost of that installation exceeds 7% of the total cost of the major renovation.

(5) The requirements of paragraph S3 of Schedule 1 do not apply to a residential building which is undergoing major renovation for the principal purpose of improving the fire safety of the external walls or roof of the building.

(6) If a residential building undergoing major renovation has, or will have more than 10 associated parking spaces—

(a)if there are or will be any associated parking spaces situated in a position other than in a covered car park—

(i)the requirements of paragraph S3 of Schedule 1 must first be applied in relation to those associated parking spaces; then

(ii)cable routes for electric vehicle charge points must be installed in all the associated parking spaces in the covered car park;

(b)if all the associated parking spaces are situated in a covered car park, cable routes for electric vehicle charge points must be installed in all the parking spaces in the covered car park.

Application of paragraph S4 of Schedule 1 (erection of new buildings which are not residential buildings or mixed-use buildings)E+W

44G.(1) The requirements of paragraph S4 of Schedule 1 apply to the erection of a new building which is not a residential building or a mixed-use building (“new building”) as follows.

(2) If such a new building has, or will have, within its site boundary, more than 10 parking spaces—

(a)if there are or will be any parking spaces situated in a position other than in a covered car park—

(i)the requirements of paragraph S4 of Schedule 1 must first be applied in relation to those parking spaces; then

(ii)if the number of parking spaces which are situated in a position other than in a covered car park is insufficient to completely fulfil the requirements of paragraph S4 of Schedule 1, cable routes for electric vehicle charge points must be installed in a sufficient number of parking spaces in the covered car park in order to ensure compliance with the requirements of paragraph S4(b) of Schedule 1;

(b)if all the parking spaces are situated in a covered car park, cable routes for electric vehicle charge points must be installed in a minimum of one fifth of the total number of those parking spaces.

Application of paragraph S5 of Schedule 1 (buildings undergoing major renovation which are not residential buildings or mixed-use buildings)E+W

44H.(1) The requirements of paragraph S5 of Schedule 1 apply to a building undergoing major renovation, which is not a residential building or a mixed-use building, as follows.

(2) The requirements of paragraph S5 of Schedule 1 apply to such a building if—

(a)the major renovation involves building work being done which includes work being done to any of the following—

(i)a car park that is located within the site boundary of the building, where the nature of the work is such that it would be reasonable to expect the requirements of paragraph S5 of Schedule 1 to be fulfilled;

(ii)the electrical infrastructure of a car park, where the car park is located within the site boundary of the building;

(iii)the electrical infrastructure of the building, where a car park is located inside the building;

(b)upon completion of that major renovation, the building will have more than 10 parking spaces situated within the site boundary of the building;

(c)the cost of installing the required electric vehicle charge point and cable routes for electric vehicle charge points does not exceed 7% of the total cost of the major renovation.

(3) If the cost of installing the required electric vehicle charge point and cable routes for electric vehicle charge points exceeds 7% of the total cost of the major renovation—

(a)such a building is exempt from the requirement to install the electric vehicle charge point; and

(b)cable routes for electric vehicle charge points must be installed in a minimum of one fifth of the total number of parking spaces, except where the cost of that installation exceeds 7% of the total cost of the major renovation.

(4) If such a building has, or will have, within its site boundary, more than 10 parking spaces—

(a)if there are or will be any parking spaces situated in a position other than in a covered car park—

(i)the requirements of paragraph S5 of Schedule 1 must first be applied in relation to those parking spaces; then

(ii)if the number of parking spaces which are situated in a position other than in a covered car park is insufficient to completely fulfil the requirements of paragraph S5 of Schedule 1, cable routes for electric vehicle charge points must be installed in the number of parking spaces in the covered car park in order to ensure compliance with the requirements of paragraph S5(b) of Schedule 1;

(b)if all the parking spaces are situated in a covered car park, cable routes for electric vehicle charge points must be installed in a minimum of one fifth of the total number of those parking spaces.

Application of paragraph S6 of Schedule 1 (the erection of new mixed-use buildings and mixed-use buildings undergoing major renovation)E+W

44I.(1) The requirements of paragraph S6 of Schedule 1 apply to the erection of a new mixed-use building and a mixed-use building undergoing major renovation as follows.

(2) The requirements of paragraph S6 of Schedule 1 apply if, upon completion, such a mixed-use building will have at least one parking space situated within the site boundary of the building.

(3) If such a mixed-use building has, or will have, within its site boundary, a covered car park—

(a)if there are or will be any parking spaces situated in a position other than in a covered car park—

(i)the requirements of paragraph S6 of Schedule 1 must first be applied in relation to those parking spaces; then

(ii)if the number of parking spaces, which are situated in a position other than in a covered car park, is insufficient to completely fulfil the requirements of paragraph S6 of Schedule 1, cable routes for electric vehicle charge points must be installed in accordance with—

(aa)regulation 44D(4)(a), in relation to the associated parking spaces for one or more dwellings in a new mixed-use building;

(bb)regulation 44F(6)(a), in relation to the associated parking spaces for one or more dwellings in a mixed-use building undergoing major renovation;

(cc)regulation 44G(2)(a), in relation to the parking spaces for one or more premises that are not dwellings in a new mixed-use building;

(dd)regulation 44H(4)(a), in relation to the parking spaces for one or more premises that are not dwellings in a mixed-use building undergoing major renovation;

(b)if all the parking spaces are situated in a covered car park, cable routes for electric vehicle charge points must be installed in accordance with—

(i)regulation 44D(4)(b), in relation to the associated parking spaces for one or more dwellings in a new mixed-use building;

(ii)regulation 44F(6)(b), in relation to the associated parking spaces for one or more dwellings in a mixed-use building undergoing major renovation;

(iii)regulation 44G(2)(b), in relation to the parking spaces for one or more new premises that are not dwellings in a new mixed-use building;

(iv)regulation 44H(4)(b), in relation to the parking spaces for one or more premises that are not dwellings in a mixed-use building undergoing major renovation.

Minimum standards of an electric vehicle charge pointE+W

44J.(1) For the purposes of this Part and Part S of Schedule 1, an electric vehicle charge point must meet the following minimum standards.

(2) It must be capable of providing a reasonable power output for each parking space for which it is intended to be used.

(3) It must be run on a dedicated circuit.

(4) It must be compatible with all vehicles which may require access to it.

Interpretation of this Part and Part S of Schedule 1E+W

44K.  In this Part and Part S of Schedule 1—

“associated parking”, or “associated parking space”, in relation to a building, means any parking space that is available within the site boundary of the building, for the use by the occupant of, or a visitor to, a dwelling in the building, including any parking space which is for the use of any occupant of, or any visitor to, any dwelling in a building containing more than one dwelling;

building envelope” in relation to a building means the walls, floor, roof, windows, doors, roof windows and roof-lights;

cable route” means a safe, unobstructed route from the power supply to the envisaged electric vehicle charge point location, for electrical cabling to be installed in the future;

carport” means a shelter for one or more vehicles that—

(a)

has a roof;

(b)

has one or more open sides; and

(c)

is not situated underneath or inside a building;

connection cost” means the cost of upgrades needed to the electricity system in order to accommodate an electric vehicle charge point, excluding the cost of any building work or the cost of the electric vehicle charge point itself;

covered car park” means one or more parking spaces which are situated beneath a roof, but it does not include a carport or a residential garage;

electric vehicle” means a vehicle that is capable of being propelled by electrical power derived from a storage battery;

electric vehicle charge point” means a device intended for charging a vehicle that is capable of being propelled by electrical power derived from a storage battery (or for discharging electricity stored in such a vehicle);

major renovation” means the renovation of a building where more than 25% of the surface area of the building envelope undergoes renovation;

mixed-use building” means a building which contains—

(a)

one or more dwellings; and

(b)

one or more premises that are not dwellings;

“residential building”—

(a)

means a building which contains one or more dwellings; and

(b)

does not include a mixed-use building;

residential garage” means a structure with at least three enclosed sides and a roof for housing one or more vehicles, for the sole use of the occupant of, or a visitor to, a single dwelling;

site boundary”, in relation to a building in respect of which building work is being carried out, means the boundary of the land, upon which that building is situated, that is controlled or owned by the same person who owns—

(a)

that building; or

(b)

in the case of the erection of a new building, the land upon which building work is being carried out;

vehicle” means a vehicle that is intended or adapted for use on roads.]

PART 10E+WMiscellaneous

Testing of building workE+W

45.  The local authority may make such tests of any building work as may be necessary to establish whether it complies with regulation 7 or any of the applicable requirements contained in Schedule 1.

Sampling of materialE+W

46.  The local authority may take such samples of the material to be used in the carrying out of building work as may be necessary to enable them to ascertain whether such materials comply with the provisions of these Regulations.

Contravention of certain regulations not to be an offenceE+W

F266[F26747.  The following regulations are designated as provisions to which section 35 of the Act (penalty for contravening building regulations) does not apply—

(a)regulations 17, 17A, 25A, 27, F266[F26827A,] F266F269... 37, 41, 42, 43 and 44; and

(b)regulations 23, 25B and 26, in so far as these Regulations apply to Crown buildings or to building work carried out or proposed to be carried out by Crown authorities.]

F266Reg. 47 substituted (with corresponding changes to match the changes made for E. by S.I. 2012/3119, reg. 25, S.I. 2014/579, reg. 2(8) and S.I. 2016/285, reg. 2(17)) (W.) (1.11.2018) by The Building (Amendment) (Wales) Regulations 2018 (S.I. 2018/552), regs. 1(3), 4 (with reg. 6)

F267Reg. 47 substituted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 25, Sch. 1 (with regs. 1(3), 45-47) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F268Word in reg. 47 inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 2(8) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F269Word in reg. 47(a) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(17) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Electronic service of documentsE+W

48.—(1) Section 94A of the Act F270 (electronic service of documents) shall have effect as if the following documents were documents mentioned in subsection (7) of that section—

(a)a building notice and any accompanying statement, description, particulars or plan under regulation 13;

(b)full plans and any accompanying statement under regulation 14;

(c)a notice under regulation 16;

(d)a completion certificate under regulation 17 F271[F272or regulation 17A];

(e)an application for a regularisation certificate under regulation 18(2);

(f)a regularisation certificate under regulation 18(5);

(g)a certificate or notice under regulation 20;

F273[F274(ga)a notice under regulation 25A;]

(h)a notice under regulation 27(2) or (3);

F275F276(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F275F276(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k)a notice under regulation 37(1);

(l)results of sound insulation testing under regulation 41(2)(b);

(m)a notice under regulation 42(2)(b);

(n)a notice of the results of pressure testing under regulation 43(2)(b);

(o)a notice under regulation 44(3).

(2) Where full plans are deposited by means of an electronic communication in accordance with section 94A of the Act, regulation 14 shall apply as if—

(a)sub-paragraph (a) of paragraph (2) were omitted;

(b)in sub-paragraph (b) of that paragraph—

(i)the words “ a copy ” were substituted for the words “an additional two copies”;

(ii)the word “ and ” was substituted for the words “, both of which”;

(c)in paragraph (6) the words “ a copy ” were substituted for the words “additional copies”.

F270Section 94A was inserted by S.I. 2008/2334.

F271Words in reg. 48(1)(d) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 23(a) (with reg. 1(2)(3))

F272Words in reg. 48(1)(d) inserted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 26(a), Sch. 1 (with regs. 1(3), 45-47)

F273Reg. 48(1)(ga) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 23(b) (with reg. 1(2)(3))

F274Reg. 48(1)(ga) inserted (E., but only in relation to excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 26(b), Sch. 1 (with regs. 1(3), 45-47)

F275Reg. 48(1)(i)(j) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(18) (with reg. 1(3))

Transitional provisions: interpretationE+W

49.  In regulations 50 to 53—

the 2009 Regulations” means the Building (Amendment No. 2) Regulations 2009 F277;

F278...

F277S.I. 2009/2397 amended by S.I. 2009/2465 and 2010/719.

F278Words in reg. 49 omitted (15.7.2011) by virtue of The Building (Amendment) Regulations 2011 (S.I. 2011/1515), regs. 1(2), 3(4)

Transitional provisions: work already started before 1st OctoberE+W

50.—(1) Subject to paragraph (2), where before 1st October 2010 building work is started in accordance with—

(a)a building notice given to, or full plans deposited with, a local authority under regulation 12(2A) of the Building Regulations 2000 F279 (giving of a building notice or deposit of plans) and a notice given to the local authority under regulation 15(1) of those Regulations F280 (notice of commencement and completion of certain stages of work);

(b)an initial notice or an amendment notice given in accordance with section 47(1) (giving and acceptance of initial notice) or 51A(2) of the Act F281 (variation of work to which initial notice relates);

(c)a public body's notice given in accordance with section 54 (giving, acceptance and effect of public body's notice) of the Act,

the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to that building work.

(2) Where before 1st October 2010 building work is started in accordance with an initial notice which is varied by an amendment notice given on or after that date, the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to so much of the building work as could have been carried out under that initial notice if the amendment notice had not been given.

(3) Where before 1st October 2010 building work is started to which regulation 12(5)(a) or (b) F282 of the Building Regulations applies, the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to that building work.

F279S.I. 2000/2531; regulation 12(2A) was inserted by S.I. 2006/652.

F280Regulation 15(1) was amended by S.I. 2002/440 and 2006/652.

F281Section 47(1) was amended by section 8 of the Sustainable and Secure Buildings Act 2004 (c.22) and S.I. 1996/1905. Section 51A(2) was inserted by S.I. 1996/1905.

F282Regulation 12(5) was substituted by S.I. 2004/3210 and amended by S.I. 2008/671.

Transitional provisions: work for which notification is not requiredE+W

51.  Where before 1st October 2010 a contract is entered into for the provision of building work to which regulation 12(5)(a) or (b) of the Building Regulations 2000 applies, the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to that work.

Transitional provisions: notice given or plans deposited before 1st October 2010E+W

52.—(1) Subject to paragraph (2), the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply in relation to building work where—

(a)before 1st October 2010 a building notice, an initial notice, a plans certificate, an amendment notice or a public body's notice has been given to, or full plans deposited with, a local authority; and

(b)the work is carried out or is to be carried out in accordance with any such notice or plans, whether with or without any departure from such plans,

provided that the work is started before 1st October 2011.

(2) Where an initial notice given before 1st October 2010 is varied by an amendment notice given on or after that date, the Building Regulations 2000 as last amended by the 2009 Regulations shall continue to apply to so much of the building work as could have been carried out under that initial notice if the amendment notice had not been given, provided that the work is started before 1st October 2011.

Transitional and saving provisions: earlier Building RegulationsE+W

53.—(1) If immediately before 1st October 2010 any of the transitional provisions listed in paragraph (2) applied in relation to building work, the Regulations specified in Schedule 5 shall continue to apply in relation to that building work in accordance with that provision as if these Regulations had not been made.

(2) The provisions are—

regulation 4 of the Building (Amendment) Regulations 2001 F283; regulation 3 of the Building (Amendment) Regulations 2002 F284; regulations 3 and 4 of the Building (Amendment) (No. 2) Regulations 2002 F285; regulation 3 of the Building (Amendment) Regulations 2003 F286; regulation 3 of the Building (Amendment) Regulations 2004 F287; regulation 3 of the Building (Amendment) (No. 3) Regulations 2004 F288; regulations 29 to 34 of the Building and Approved Inspectors (Amendment) Regulations 2006 F289 in so far as they relate to the Building Regulations 2000; regulation 4 of the Building and Approved Inspectors (Amendment) (No. 2) Regulations 2006 F290 in so far as it relates to the Building Regulations 2000; regulation 4 of the Building and Approved Inspectors (Amendment) Regulations 2007 F291 in so far as it relates to the Building Regulations 2000; regulations 4 to 8 of the Building and Approved Inspectors (Amendment) Regulations 2009 F292 in so far as they relate to the Building Regulations 2000.

(3) Regulation 22A of the Building Regulations 2000 F293 (time limit for prosecution for contravention of certain regulations) shall continue to have effect in relation to contraventions of building regulations committed before 22nd September 2008 as if the 2009 Regulations had not been made.

(4) If immediately before 1st October 2010 regulation 23 of the Building Regulations 2000 applied in relation to building work, the Regulations specified in Schedule 3 to those Regulations shall continue to apply in relation to that building work in accordance with that transitional provision as if these Regulations had not been made.

Revocations and consequential amendmentsE+W

54.[F294(1) The Regulations specified in the first column of the table in Schedule 5 are revoked to the extent specified in relation to each in the third column of that table.]

[F295(2) Schedule 6, which contains consequential amendments to the Building (Local Authority Charges) Regulations 2010F296 and the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007F297, has effect.]

[F298Review of Part 9A and Part R of Schedule 1E+W

55.(1) Before the end of each review period the Secretary of State must—

(a)carry out a review of Part 9A and Part R of Schedule 1; and

(b)publish a report setting out the conclusions of the review.

(2) In carrying out the review the Secretary of State must have regard to how Article 8 (in-building physical infrastructure) of Directive 2014/61/EU of the European Parliament and of the Council on measures to reduce the cost of deploying high-speed electronic communications networks is implemented in other Member States of the European Union.

(3) The report must in particular—

(a)set out the objectives intended to be achieved by the regulatory provision in Part 9A and Part R of Schedule 1;

(b)assess the extent to which those objectives have been achieved;

(c)assess whether those objectives remain appropriate; and

(d)if those objectives remain appropriate, assess the extent to which they could be achieved in another way that imposes less onerous regulatory provision.

(4) In this regulation, “review period” means—

(a)the period of five years beginning on the 9th May 2016; and

(b)subject to paragraph (5), each successive period of five years.

(5) If a report under this regulation is published before the last day of the review period to which it relates, the next review period will begin with the day on which that report is published.]

F298Reg. 55 added (E., but only in relation to excepted energy buildings in W.) (9.5.2016) by The Building (Amendment) Regulations 2016 (S.I. 2016/490), regs. 1(4), 2(5) (with reg. 1(3))

[F299Review of Part 9B and Part S of Schedule 1E+W

56.(1) The Secretary of State must from time to time—

(a)carry out a review of the regulatory provision contained in Part 9B of, and Part S of Schedule 1 to, these Regulations; and

(b)publish a report setting out the conclusions of that review.

(2) The first report must be published before 15th June 2027.

(3) Subsequent reports must be published at intervals not exceeding 5 years.

(4) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

(a)set out the objectives intended to be achieved by the regulatory provision referred to in paragraph (1)(a);

(b)assess the extent to which those objectives are achieved;

(c)assess whether those objectives remain appropriate; and

(d)if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(5) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).]

Signed by authority of the Secretary of State

Andrew Stunell

Parliamentary Under Secretary of State

Department for Communities and Local Government

Regulations 4 and 6

SCHEDULE 1E+WRequirements

PART A STRUCTURE

RequirementLimits on application
Loading

A1.—(1) The building shall be constructed so that the combined dead, imposed and wind loads are sustained and transmitted by it to the ground—

(a) safely; and

(b) without causing such deflection or deformation of any part of the building, or such movement of the ground, as will impair the stability of any part of another building.

(2) In assessing whether a building complies with sub-paragraph (1) regard shall be had to the imposed and wind loads to which it is likely to be subjected in the ordinary course of its use for the purpose for which it is intended.

Ground Movement

A2. The building shall be constructed so that ground movement caused by—

(a) swelling, shrinkage or freezing of the subsoil; or

(b) land-slip or subsidence (other than subsidence arising from shrinkage), in so far as the risk can be reasonably foreseen,

will not impair the stability of any part of the building.

Disproportionate collapse

A3. The building shall be constructed so that in the event of an accident the building will not suffer collapse to an extent disproportionate to the cause.

PART B FIRE SAFETY

Means of warning and escape

B1. The building shall be designed and constructed so that there are appropriate provisions for the early warning of fire, and appropriate means of escape in case of fire from the building to a place of safety outside the building capable of being safely and effectively used at all material times.

Requirement B1 does not apply to any prison provided under section 33 of the Prison Act 1952 (power to provide prisons etc).

Internal fire spread (linings)

B2.—(1) To inhibit the spread of fire within the building, the internal linings shall—

(a) adequately resist the spread of flame over their surfaces; and

(b) have, if ignited, either a rate of heat release or a rate of fire growth, which is reasonable in the circumstances.

(2) In this paragraph “internal linings” means the materials or products used in lining any partition, wall, ceiling or other internal structure.

Internal fire spread (structure)

B3.—(1) The building shall be designed and constructed so that, in the event of fire, its stability will be maintained for a reasonable period.

(2) A wall common to two or more buildings shall be designed and constructed so that it adequately resists the spread of fire between those buildings. For the purposes of this sub-paragraph a house in a terrace and a semi-detached house are each to be treated as a separate building.

(3) Where reasonably necessary to inhibit the spread of fire within the building, measures shall be taken, to an extent appropriate to the size and intended use of the building, comprising either or both of the following—

(a) sub-division of the building with fire-resisting construction;

(b) installation of suitable automatic fire suppression systems.

(4) The building shall be designed and constructed so that the unseen spread of fire and smoke within concealed spaces in its structure and fabric is inhibited.

Requirement B3(3) does not apply to material alterations to any prison provided under section 33 of the Prison Act 1952.

External Fire Spread

B4.—(1) The external walls of the building shall adequately resist the spread of fire over the walls and from one building to another, having regard to the height, use and position of the building.

(2) The roof of the building shall adequately resist the spread of fire over the roof and from one building to another, having regard to the use and position of the building.

Access and facilities for the fire service

B5.—(1) The building shall be designed and constructed so as to provide reasonable facilities to assist fire fighters in the protection of life.

(2) Reasonable provision shall be made within the site of the building to enable fire appliances to gain access to the building.

PART C SITE PREPARATION AND RESISTANCE TO CONTAMINANTS AND MOISTURE

Preparation of site and resistance to contaminants

C1.—(1) The ground to be covered by the building shall be reasonably free from any material that might damage the building or affect its stability, including vegetable matter, topsoil and pre-existing foundations.

(2) Reasonable precautions shall be taken to avoid danger to health and safety caused by contaminants on or in the ground covered, or to be covered by the building and any land associated with the building.

(3) Adequate sub-soil drainage shall be provided, if it is needed to avoid—

(a) the passage of ground moisture to the interior of the building;

(b) damage to the building, including damage through the transport of water-borne contaminants to the foundations of the building.

(4) For the purposes of this requirement, “contaminant” means any substance which is or may become harmful to persons or buildings including substances which are corrosive, explosive flammable, radioactive or toxic.

Resistance to moisture

C2. The walls, floors and roof of the building shall adequately protect the building and people who use the building from harmful effects caused by—

(a) ground moisture;

(b) precipitation including wind-driven spray;

(c) interstitial and surface condensation; and

(d) spillage of water from or associated with sanitary fittings or fixed appliances.

PART D TOXIC SUBSTANCES

Cavity insulation

D1. If insulating material is inserted into a cavity in a cavity wall, reasonable precautions shall be taken to prevent the subsequent permeation of any toxic fumes from that material into any part of the building occupied by people.

PART E RESISTANCE TO THE PASSAGE OF SOUND

Protection against sound from other parts of the building and adjoining buildings

E1. Dwelling-houses, flats and rooms for residential purposes shall be designed and constructed in such a way that they provide reasonable resistance to sound from other parts of the same building and from adjoining buildings.

Protection against sound within a dwelling-house etc

E2. Dwelling-houses, flats and rooms for residential purposes shall be designed and constructed in such a way that—

(a) internal walls between a bedroom or a room containing a water closet, and other rooms; and

(b) internal floors,

provide reasonable resistance to sound.

Requirement E2 does not apply to—

(a) an internal wall which contains a door;

(b) an internal wall which separates an ensuite toilet from the associated bedroom;

(c) existing walls and floors in a building which is subject to a material change of use.

Reverberation in common internal parts of buildings containing flats or rooms for residential purposes

E3. The common internal parts of buildings which contain flats or rooms for residential purposes shall be designed and constructed in such a way as to prevent more reverberation around the common parts than is reasonable.

Requirement E3 only applies to corridors, stairwells, hallways and entrance halls which give access to the flat or room for residential purposes.

Acoustic conditions in schools

E4.—(1) Each room or other space in a school building shall be designed and constructed in such a way that it has the acoustic conditions and the insulation against disturbance by noise appropriate to its intended use.

(2) For the purposes of this Part—

“school” has the same meaning as in section 4 of the Education Act 1996; and

“school building” means any building forming a school or part of a school.

PART F VENTILATION

Means of ventilation

F1.—(1) There shall be adequate means of ventilation provided for people in the building.

(2) Fixed systems for mechanical ventilation and any associated controls must be commissioned by testing and adjusting as necessary to secure that the objective referred to in sub-paragraph (1) is met.

Requirement F1 does not apply to a building or space within a building—

(a) into which people do not normally go;

(b) which is used solely for storage; or

(c) which is a garage used solely in connection with a single dwelling.

PART G SANITATION, HOT WATER SAFETY AND WATER EFFICIENCY

Cold water supply

G1.—(1) There must be a suitable installation for the provision of—

(a) wholesome water to any place where drinking water is drawn off;

(b) wholesome water or softened wholesome water to any washbasin or bidet provided in or adjacent to a room containing a sanitary convenience;

(c) wholesome water or softened wholesome water to any washbasin, bidet, fixed bath and shower in a bathroom;

(d) wholesome water to any sink provided in any area where food is prepared.

(2) There must be a suitable installation for the provision of water of suitable quality to any sanitary convenience fitted with a flushing device.

[F300Water efficiency] [F300Water efficiency of new dwellings]

G2. Reasonable provision must be made by the installation of fittings and fixed appliances that use water efficiently for the prevention of undue consumption of water.

Requirement G2 applies only when a dwelling is—

(a) erected; or

(b) formed by a material change of use of a building within the meaning of regulation 5(a) or (b).

[F301Water efficiency of new buildings other than dwellings and healthcare buildings

G2A

Reasonable provision must be made in the design and installation of any sanitary convenience, washbasin or shower so as to prevent the undue consumption of water.

Requirement G2A applies only to building work that consists of the erection or extension of a building which is not a dwelling or a healthcare building.

“Healthcare building” means—

(a)

a hospital;

(b)

a building used for the provision of medical services by a registered medical practitioner;

(c)

a building used for the provision of dental services by a person who under the Dentists Act 1984 is permitted to practise dentistry;

(d)

a building not falling within paragraphs (b) or (c) which is used for the provision of primary medical services or primary dental services under the National Health Service Act 2006 or the National Health Service (Wales) Act 2006;

(e)

a building at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 is provided.]

Hot water supply and systems

G3.—(1) There must be a suitable installation for the provision of heated wholesome water or heated softened water to—

(a) any washbasin or bidet provided in or adjacent to a room containing a sanitary convenience;

(b) any washbasin, bidet, fixed bath and shower in a bathroom; and

(c) any sink provided in any area where food is prepared.

(2) A hot water system, including any cistern or other vessel that supplies water to or receives expansion water from a hot water system, must be designed, constructed and installed so as to resist the effects of temperature and pressure that may occur either in normal use or in the event of such malfunctions as may reasonably be anticipated, and must be adequately supported.

(3) A hot water system that has a hot water storage vessel must incorporate precautions to—

(a) prevent the temperature of the water stored in the vessel at any time exceeding 100°C;

(b) ensure that any discharge from safety devices is safely conveyed to where it is visible but will not cause a danger to persons in or about the building.

(4) The hot water supply to any fixed bath must be so designed and installed as to incorporate measures to ensure that the temperature of the water than can be delivered to that bath does not exceed 48°C.

Requirement G3(3) does not apply to a system which heats or stores water for the purposes only of an industrial process.

Requirement G3(4) applies only when a dwelling is—

(a) erected; or

(b) formed by a material change of use of a building within the meaning of regulation 5(a) or (b).

Sanitary conveniences and washing facilities

G4.—(1) Adequate and suitable sanitary conveniences must be provided in rooms provided to accommodate them or in bathrooms.

(2) Adequate hand washing facilities must be provided in—

(a) rooms containing sanitary conveniences; or

(b) rooms or spaces adjacent to rooms containing sanitary conveniences.

(3) Any room containing a sanitary convenience, a bidet, or any facility for washing hands provided in accordance with sub-paragraph (2)(b), must be separated from any kitchen or any area where food is prepared.

Bathrooms

G5. A bathroom must be provided containing a washbasin and either a fixed bath or a shower.

Requirement G5 applies only to dwellings and to buildings containing one or more rooms for residential purposes.

Kitchens and food preparation areas

G6. A suitable sink must be provided in any area where food is prepared.

PART H DRAINAGE AND WASTE DISPOSAL

Foul water drainage

H1.—(1) An adequate system of drainage shall be provided to carry foul water from appliances within the building to one of the following, listed in order of priority—

(a) a public sewer; or where that is not reasonably practicable,

(b) a private sewer communicating with a public sewer; or where that is not reasonably practicable,

(c) either a septic tank which has an appropriate form of secondary treatment or another wastewater treatment system; or, where that is not reasonably practicable,

(d) a cesspool.

(2) In this Part “foul water” means waste water which comprises or includes—

(a) waste from a sanitary convenience, bidet or appliance used for washing receptacles for foul waste; or

(b) water which has been used for food preparation, cooking or washing.

Requirement H1 does not apply to the diversion of water which has been used for personal washing or for the washing of clothes, linen or other articles to collection systems for reuse.

Wastewater treatment systems and cesspools

H2.—(1) Any septic tank and its form of secondary treatment, other wastewater treatment system or cesspool, shall be so sited and constructed that—

(a) it is not prejudicial to the health of any person;

(b) it will not contaminate any watercourse, underground water or water supply;

(c) there are adequate means of access for emptying and maintenance; and

(d) where relevant, it will function to a sufficient standard for the protection of health in the event of a power failure

(2) Any septic tank or holding tank which is part of a wastewater treatment system or cesspool shall be—

(a) of adequate capacity;

(b) so constructed that it is impermeable to liquids; and

(c) adequately ventilated.

(3) Where a foul water drainage system from a building discharges to a septic tank, wastewater treatment system or cesspool, a durable notice shall be affixed in a suitable place in the building containing information on any continuing maintenance required to avoid risks to health.

Rainwater drainage

H3.—(1) Adequate provision shall be made for rainwater to be carried from the roof of the building.

(2) Paved areas around the building shall be so constructed as to be adequately drained.

(3) Rainwater from a system provided pursuant to sub-paragraphs (1) or (2) shall discharge to one of the following, listed in order of priority—

(a) an adequate soakaway or some other adequate infiltration system; or, where that is not reasonably practicable,

(b) a watercourse; or, where that is not reasonably practicable,

(c) a sewer.

Requirement H3(2) applies only to paved areas—

(a) which provide access to the building pursuant to requirement F302[F303M1 (access and use), or] [F303M1 (access to and use of buildings other than dwellings),] requirement M2 (access to extensions to buildings other than dwellings) F304[F305, or requirement M4(1), (2) or (3) (access to and use of dwellings)];

(b) which provide access to or from a place of storage pursuant to requirement H6(2) (solid waste storage); or

(c) in any passage giving access to the building, where this is intended to be used in common by the occupiers of one or more other buildings

Requirement H3(3) does not apply to the gathering of rainwater for reuse

Building over sewers

H4.—(1) The erection or extension of a building or work involving the underpinning of a building shall be carried out in a way that is not detrimental to the building or building extension or to the continued maintenance of the drain, sewer or disposal main.

(2) In this paragraph “disposal main” means any pipe, tunnel or conduit used for the conveyance of effluent to or from a sewage disposal works, which is not a public sewer.

(3) In this paragraph and paragraph H5 “map of sewers” means any records kept by a sewerage undertaker under section 199 of the Water Industry Act 1991.

Requirement H4 applies only to work carried out—

(a) over a drain, sewer or disposal main which is shown on any map of sewers; or

(b) on any site or in such a manner as may result in interference with the use of, or obstruction of the access of any person to, any drain, sewer or disposal main which is shown on any map of sewers.

Separate systems of drainage

H5. Any system for discharging water to a sewer which is provided pursuant to paragraph H3 shall be separate from that provided for the conveyance of foul water from the building.

Requirement H5 applies only to a system provided in connection with the erection or extension of a building where it is reasonably practicable for the system to discharge directly or indirectly to a sewer for the separate conveyance of surface water which is—

(a) shown on a map of sewers; or

(b) under construction either by the sewerage undertaker or by some other person (where the sewer is the subject of an agreement to make a declaration of vesting pursuant to section 104 of the Water Industry Act 1991).

Solid waste storages

H6.—(1) Adequate provision shall be made for storage of solid waste.

(2) Adequate means of access shall be provided—

(a) for people in the building to the place of storage; and

(b) from the place of storage to a collection point (where one has been specified by the waste collection authority under section 46 (household waste) or section 47 (commercial waste) of the Environmental Protection Act 1990) or to a street (where no collection point has been specified).

F302Words “M1 (access and use), or” in Sch. 1 Pt. H substituted for “M1 (access to and use of buildings other than dwellings)” (W. in relation to excepted energy buildings) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 13(a)(i) (with )

F303Words in Sch. 1 Pt. H substituted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(11)(a)(i) (with regs. 1(3), 4) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F304Words “, or requirement M4(1), (2) or (3) (access to and use of dwellings)” in Sch. 1 Pt. H omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 13(a)(ii) (with reg. 29)

F305Words in Sch. 1 Pt. H inserted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(11)(a)(ii) (with regs. 1(3), 4) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

PART J COMBUSTION APPLIANCES AND FUEL STORAGE SYSTEMS

Air supply

J1. Combustion appliances shall be so installed that there is an adequate supply of air to them for combustion, to prevent over-heating and for the efficient working of any flue.

Requirements J1 and J2 apply only to fixed combustion appliances (including incinerators).

Discharge of products of combustion

J2. Combustion appliances shall have adequate provision for the discharge of products of combustion to the outside air.

Warning of release of carbon monoxide

J3. Where a combustion appliance is provided, appropriate provision having regard to the design and location of the appliance shall be made to detect and give early warning of the release of carbon monoxide at levels harmful to persons.

Requirement J3 applies only to fixed combustion appliances located in dwellings.

Protection of building

J4. Combustion appliances and flue-pipes shall be so installed, and fireplaces and chimneys shall be so constructed and installed, as to reduce to a reasonable level the risk of people suffering burns or the building catching fire in consequence of their use.

Requirement J4 applies only to fixed combustion appliances (including incinerators).

Provision of information

J5. Where a hearth, fireplace, flue or chimney is provided or extended, a durable notice containing information on the performance capabilities of the hearth, fireplace, flue or chimney shall be affixed in a suitable place in the building for the purpose of enabling combustion appliances to be safely installed.

Protection of liquid fuel storage systems

J6. Liquid fuel storage systems and the pipes connecting them to combustion appliances shall be so constructed and separated from buildings and the boundary of the premises as to reduce to a reasonable level the risk of the fuel igniting in the event of fire in adjacent buildings or premises.

Requirement J6 applies only to—

(a) fixed oil storage tanks with capacities greater than 90 litres and connecting pipes; and

(b) fixed liquefied petroleum gas storage installations with capacities greater than 150 litres and connecting pipes,

which are located outside the building and which serve fixed combustion appliances (including incinerators) in the building.

Protection against pollution

J7. Oil storage tanks and the pipes connecting them to combustion appliances shall—

(a) be so constructed and protected as to reduce to a reasonable level the risk of the oil escaping and causing pollution; and

(b) have affixed in a prominent position a durable notice containing information on how to respond to an oil escape so as to reduce to a reasonable level the risk of pollution.

Requirement J7 applies only to fixed oil storage tanks with capacities of 3,500 litres or less, and connecting pipes, which are—

(a) located outside the building; and

(b) serve fixed combustion appliances (including incinerators) in a building used wholly or mainly as a private dwelling,

but does not apply to buried systems.

[F306PART K PROTECTION FROM FALLING, COLLISION AND IMPACT

Stairs, ladders and ramps

K1. Stairs, ladders and ramps shall be so designed, constructed and installed as to be safe for people moving between different levels in or about the building.

Requirement K1 applies only to stairs, ladders and ramps which form part of the building.

Protection from falling

K2. (a) Any stairs, ramps, floors and balconies and any roof to which people have access, and

(b) any light well, basement area or similar sunken area connected to a building,

shall be provided with barriers where it is necessary to protect people in or about the building from falling.

Requirement K2(a) applies only to stairs and ramps which form part of the building.

Vehicle barriers and loading bays

K3.—(1) Vehicle ramps and any levels in a building to which vehicles have access, shall be provided with barriers where it is necessary to protect people in or about the building.

(2) Vehicle loading bays shall be constructed in such a way, or be provided with such features as may be necessary to protect people in them from collision with vehicles.

Protection from collision with open windows etc

K4. Provision shall be made to prevent people moving in or about the building from colliding with open windows, skylights or ventilators.

Requirement K4 does not apply to dwellings.

Protection against impact from and trapping by doors

K5.—(1) Provision shall be made to prevent any door or gate—

(a) which slides or opens upwards, from falling onto any person; and

(b) which is powered, from trapping any person.

(2) Provision shall be made to ensure a clear view of the space on either side of a swing door or gate.

Requirement K5 does not apply to—

(a) dwellings, or

(b) any door or gate which is part of a lift.]

[F307PART K PROTECTION FROM FALLING, COLLISION AND IMPACT

Stairs, ladders and ramps

K1. Stairs, ladders and ramps shall be so designed, constructed and installed as to be safe for people moving between different levels in or about the building.

Requirement K1 applies only to stairs, ladders and ramps which form part of the building.

Protection from falling

K2. The following shall be provided with barriers where it is necessary to protect people in or about the building from falling—

(a) any stairs, ramps, floors and balconies and any roof to which people have access, and

(b) any light well, basement area or similar sunken area connected to a building.

Requirement K2(a) applies only to stairs and ramps which form part of the building.

Vehicle barriers and loading bays

K3.—(1) Vehicle ramps and any levels in a building to which vehicles have access, shall be provided with barriers where it is necessary to protect people in or about the building.

(2) Vehicle loading bays shall be constructed in such a way, or to be provided with such features, as may be necessary to protect people in them from collision with vehicles.

Protection against impact with glazing

K4. Glazing, with which people are likely to come into contact while moving in or about the building, shall—

(a) if broken on impact, break in a way which is unlikely to cause injury; or

(b) resist impact without breaking; or

(c) be shielded or protected from impact.

Protection from collision with open windows etc.
K5.1. Provision shall be made to prevent people from moving in or about the building from colliding with open windows, skylights or ventilators.

Requirement K5.1 does not apply to dwellings.

Manifestation of glazing
K5.2. Transparent glazing with which people are likely to come into contact while moving in and about the building, shall incorporate features which make it apparent.

Requirement K5.2 does not apply to dwellings.

Safe opening and closing of windows etc.
K5.3. Windows, skylights and ventilators which can be opened by people in or about the building shall be so constructed or equipped that they may be opened, closed or adjusted safely.

Requirement K5.3 does not apply to dwellings.

Safe access for cleaning windows etc.
K5.4. Provision shall be made for any windows, skylights or translucent walls, ceilings or roofs to be safely accessible for cleaning.

Requirement K5(4) does not apply to—

(a) dwellings, or

(b) any door or gate which is part of a lift.

Protection against impact from trapping by doors

K6.—(1) Provision shall be made to prevent any door or gate—

(a) which slides or opens upwards, from falling onto any person; and

(b) which is powered, from trapping any person.

(2) Provision shall be made for powered doors and gates to be opened in the event of a power failure.

(3) Provision shall be made to ensure a clear view of the space on either side of a swing door or gate.

Requirement K5(4) does not apply to—

(a) dwellings, or

(b) any door or gate which is part of a lift.]

F307Sch. 1 Pt. K substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), Sch. 1, Sch. 2 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

PART L CONSERVATION OF FUEL AND POWER

Conservation of fuel and power

L1. Reasonable provision shall be made for the conservation of fuel and power in buildings by—

(a) limiting heat gains and loses—

(i) through thermal elements and other parts of the building fabric; and

(ii) from pipes, ducts and vessels used for space heating, space cooling and hot water services;

(b) providing fixed building services which—

(i) are energy efficient [F308to a reasonable standard];

(ii) have effective controls; and

(iii) are commissioned by testing and adjusting as necessary to ensure they use no more fuel and power than is reasonable in the circumstances.

[F309On-site generation of electricity

L2

Where a system for on-site electricity generation is installed—

(a) reasonable provision must be made to ensure that—

(i) the system and its electrical output are appropriately sized for the site and available infrastructure;

(ii) the system has effective controls; and

(b) it must be commissioned by testing and adjusting as necessary to ensure that it produces the maximum electricity that is reasonable in the circumstances.]

[F310PART M ACCESS TO AND USE OF BUILDINGS

Access and use

M1. Reasonable provision shall be made for people to—

(a) gain access to, and

(b) use the building and its facilities.

The requirements of this Part do not apply to—

(a) an extension of or material alteration of a dwelling; or

(b) any part of a building which is used solely to enable the building or any service or fitting in the building to be inspected, repaired or maintained.

Access to extensions to buildings other than dwellings

M2. Suitable independent access shall be provided to the extension where reasonably practicable.

Requirement M2 does not apply where suitable access to the extension is provided through the building that is extended.

Sanitary conveniences in extensions to buildings other than dwellings

M3. If sanitary conveniences are provided in any building that is to be extended, reasonable provision shall be made within the extension for sanitary conveniences

Requirement M3 does not apply where there is reasonable provision for sanitary conveniences elsewhere in the building, such that people occupied in, or otherwise having occasion to enter the extension, can gain access to and use those sanitary conveniences.

Sanitary conveniences in dwellings

M4.—(1) Reasonable provision shall be made in the entrance storey for sanitary conveniences, or where the entrance storey contains no habitable rooms, reasonable provision for sanitary conveniences shall be made in either the entrance storey or principal storey.

(2) In this paragraph “entrance storey” means the storey which contains the principal entrance and “principal storey” means the storey nearest to the entrance storey which contains a habitable room, or if there are two such storeys equally near, either such storey.]

[F311PART M ACCESS TO AND USE OF BUILDINGS

Access to and use of buildings other than dwellings

M1. Reasonable provision must be made for people to—

(a) gain access to; and

(b) use, the building and its facilities.

Requirement M1 does not apply to

any part of a building that is used solely to enable the building or any service or fitting in the building to be inspected, repaired or maintained.

Access to extensions to buildings other than dwellings

M2. Suitable independent access must be provided to the extension where reasonably practicable.

Requirement M2 does not apply where suitable access to the extension is provided through the building that is extended.

Sanitary conveniences in extensions to buildings other than dwellings

M3. If sanitary conveniences are provided in any building that is to be extended, reasonable provision shall be made within the extension for sanitary conveniences.

Requirement M3 does not apply where there is reasonable provision for sanitary conveniences elsewhere in the building, such that people occupied in, or otherwise having occasion to enter the extension, can gain access to and use those sanitary conveniences.

Access to and use of dwellings

Category 1- visitable dwelling

M4(1). Reasonable provision must be made for people to—

(a) gain access to; and

(b) use, the dwelling and its facilities

Category 2- accessible and adaptable dwellings

M4(2) optional requirement

(1) Reasonable provision must be made for people to—

(a) gain access to; and

(b) use, the dwelling and its facilities.

(2) The provision made must be sufficient to—

(a) meet the needs of occupants with differing needs, including some older or disabled people; and

(b) to allow adaptation of the dwelling to meet the changing needs of occupants over time.

Category 3- wheelchair user dwellings

M4(3) optional requirement

(1) Reasonable provision must be made for people to—

(a) gain access to; and

(b) use, the dwelling and its facilities.

(2) The provision made must be sufficient to—

(a) allow simple adaptation of the dwelling to meet the needs of occupants who use wheelchairs; or

(b) meet the needs of occupants who use wheelchairs.

Requirement M4(1) does not apply to:

(a) an extension to a dwelling; or

(b) any part of a building that is used solely to enable the building or any service or fitting in the building to be inspected, repaired or maintained.

Optional requirement M4(2)—

(a) may apply only in relation to a dwelling that is erected;

(b) will apply in substitution for requirement M4(1);

(c) does not apply where optional requirement M4(3) applies;

(d) does not apply to any part of a building that is used solely to enable the building or any service or fitting in the building to be inspected, repaired or maintained.

Optional requirement M4(3)—

(a) may apply only in relation to a dwelling that is erected;

(b) will apply in substitution for requirement M4(1);

(c) does not apply where optional requirement M4(2) applies;

(d) does not apply to any part of a building that is used solely to enable the building or any service or fitting in the building to be inspected, repaired or maintained.

Optional requirement M4(3)(2)(b) applies only where the planning permission under which the building work is carried out specifies that it shall be complied with.]

F311Sch. 1 Pt. M substituted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(11)(b) (with regs. 1(3), 4) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F312[F313PART N GLAZING—SAFETY IN RELATION TO IMPACT, OPENING AND CLEANING

Protection against impact

N1. Glazing, with which people are likely to come into contact whilst moving in or about the building shall—

(a) if broken on impact, break in a way which is unlikely to cause injury; or

(b) resist impact without breaking; or

(c) be shielded or protected from impact.

Manifestation of glazing

N2. Transparent glazing, with which people are likely to come into contact while moving in or about the building, shall incorporate features which make it apparent.

Requirement N2 does not apply to dwellings.

Safe opening and closing of windows etc

N3. Windows, skylights and ventilators which can be opened by people in or about the building shall be so constructed or quipped that they may be opened, closed or adjusted safely.

Requirement N3 does not apply to dwellings.

Safe access for cleaning windows etc

N4. Provision shall be made for any windows, skylights, or ay transparent or translucent walls, ceilings or roofs to be safely accessible for cleaning.

Requirement N4 does not apply to—

(a) dwellings; or

(b) any transparent or translucent elements whose surfaces are not intended to be cleaned.]

F313Sch. 1 Pt. N omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 27(b), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

[F314PART O OVERHEATING

Overheating mitigation

O1

(1) Reasonable provision must be made in respect of a dwelling, institution or any other building containing one or more rooms for residential purposes, other than a room in a hotel (“residences”) to—

(a) limit unwanted solar gains in summer;

(b) provide an adequate means to remove heat from the indoor environment.

(2) In meeting the obligations in paragraph (1)—

(a) account must be taken of the safety of any occupant, and their reasonable enjoyment of the residence; and

(b) mechanical cooling may only be used where insufficient heat is capable of being removed from the indoor environment without it.]

PART P ELECTRICAL SAFETY

Design and installation

P1. Reasonable provision shall be made in the design and installation of electrical installations in order to protect persons operating, maintaining or altering the installations from fire or injury.

The requirements of this Part apply only to electrical installations that are intended to operate at low or extra-low voltage and are—

(a) in or attached to a dwelling;

(b) in the common parts of a building serving one or more dwellings, but excluding power supplies to lifts;

(c) in a building that receives its electricity from a source located within or shared with a dwelling; or

(d) in a garden or in or on land associated with a building where the electricity is from a source located within or shared with a dwelling.

F315[F316PART Q SECURITY

Unauthorised access

Q1

Reasonable provision must be made to [F315deter and] resist unauthorised access to—

(a) any dwelling; and

(b) any part of a building from which access can be gained to a flat within the building.

Requirement Q1 applies only in relation to new dwellings.[F315Requirement Q1 applies only when a dwelling is erected.]

F315 Sch. 1 Pt. Q omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 13(e) (with reg. 29)

Sch. 1 Pt. Q inserted (with additional words in column 1 and a different limit on application in column 2) (W.) (1.11.2018) by The Building (Amendment) (Wales) Regulations 2018 (S.I. 2018/552), regs. 1(3), 5 (with reg. 6)

F316Sch. 1 Pt. Q added (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(11)(c) (with regs. 1(3), 5) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F317[F318Part R PHYSICAL INFRASTRUCTURE FOR HIGH SPEED ELECTRONIC COMMUNICATIONS NETWORKS

In-building physical infrastructure

R1

(1) Building work must be carried out so as to ensure that the building is equipped with a high-speed ready in-building physical infrastructure, up to a network termination point for high-speed electronic communications networks.

(2) Where the work concerns a building containing more than one dwelling, the work must be carried out so as ensure that the building is equipped in addition with a common access point for high-speed electronic communications networks.

Requirement R1 applies to building work that consists of—

(a) the erection of a building; or

(b) major renovation works to a building.]]

F317Sch. 1 Pt. R inserted (E., but only in relation to excepted energy buildings in W.) (9.5.2016) by The Building (Amendment) Regulations 2016 (S.I. 2016/490), regs. 1(4), 2(6) (with regs. 1(3), 3)

[F319Part S Infrastructure for the Charging of Electric Vehicles

The erection of new residential buildings

S1

(1) A new residential building with associated parking must have access to electric vehicle charge points as provided for in paragraph (2).

(2) The number of associated parking spaces which have access to electric vehicle charge points must be—

(a) the total number of associated parking spaces, where there are fewer associated parking spaces than there are dwellings contained in the residential building; or

(b) the number of associated parking spaces that is equal to the total number of dwellings contained in the residential building, where there are the same number of associated parking spaces as, or more associated parking spaces than, there are dwellings.

(3) Cable routes for electric vehicle charge points must be installed in any associated parking spaces which do not, in accordance with paragraph (2), have an electric vehicle charge point where—

(a) a new residential building has more than 10 associated parking spaces; and

(b) there are more associated parking spaces than there are dwellings contained in the residential building.

Dwellings resulting from a material change of use

S2

Where one or more dwellings with associated parking result from a building, or a part of a building, undergoing a material change of use at least one associated parking space for the use of each such dwelling must have access to an electric vehicle charge point.

Residential buildings undergoing major renovation

S3

Where a residential building undergoing major renovation will have more than 10 associated parking spaces after the major renovation is completed—

(a) at least one associated parking space for the use of each dwelling must have access to an electric vehicle charge point;

(b) cable routes for electric vehicle charge points must be installed in all additional associated parking spaces.

Erection of new buildings which are not residential buildings or mixed-use buildings

S4

Where a new building which is not a residential building or a mixed-use building has more than 10 parking spaces—

(a) one of those parking spaces must have access to one electric vehicle charge point; and

(b) cable routes for electric vehicle charge points must be installed in a minimum of one fifth of the total number of remaining parking spaces.

Buildings undergoing major renovation which are not residential buildings or mixed-use buildings

S5

Where a building undergoing major renovation, which is not a residential building or a mixed-use building, will have more than 10 parking spaces after the major renovation is completed—

(a) one of those parking spaces must have access to one electric vehicle charge point; and

(b) cable routes for electric vehicle charge points must be installed in a minimum of one fifth of the total number of remaining parking spaces.

The erection of new mixed-use buildings and mixed-use buildings undergoing major renovation

S6

(1) The requirements of paragraph S1 apply in respect of the part of the new mixed-use building that contains one or more dwellings and the associated parking spaces that are assigned to those dwellings.

(2) The requirements of paragraph S3 apply in respect of the part of the mixed-use building that is undergoing major renovation that contains one or more dwellings and the associated parking spaces that are assigned to those dwellings.

(3) The requirements of paragraph S4 apply in respect of the part of the new mixed-use building that contains one or more new premises that are not dwellings and the parking spaces that are assigned to those premises.

(4) The requirements of paragraph S5 apply in respect of the part of the mixed-use building that is undergoing major renovation that contains one or more premises that are not dwellings and the parking spaces that are assigned to those premises.]

Regulation 9

SCHEDULE 2E+WExempt Buildings and Work

CLASS 1E+W

Buildings controlled under other legislationE+W

[F3201.(1) Any building in which explosives are manufactured or stored under a licence granted under the Explosives Regulations 2014 where—

(a)the whole building is used for that manufacture or storage, and either

(b)a minimum separation distance of greater than 0 metres is prescribed by virtue of regulation 27(1) of, and Schedule 5 to, those Regulations; or

(c)a minimum separation distance of 0 metres is prescribed by virtue of the provisions referred to in paragraph (b) and the assent of the local authority was required by regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations.

(2) Where only a part of a building is used for the manufacture or storage of explosives under a licence granted under the Explosives Regulations 2014 and —

(a)a minimum separation distance of greater than 0 metres is prescribed by virtue of regulation 27(1) of, and Schedule 5 to, those Regulations; or

(b)a minimum separation distance of 0 metres is prescribed by virtue of the provisions referred to in paragraph (a) and the assent of the local authority was required by regulation 13(3) of those Regulations or would have been so required but for regulation 13(4)(b), (c), (d), (e), (f) or (g) of those Regulations,

that part of the building where the licence specifies that that manufacture or storage may take place.]

F320Sch. 2 Class 1 para. 1 substituted (1.10.2014) by The Explosives Regulations 2014 (S.I. 2014/1638), reg. 1(1), Sch. 13 para. 24

2.  Any building (other than a building containing a dwelling or a building used for office or canteen accommodation) erected on a site in respect of which a licence under the Nuclear Installations Act 1965 F321 is for the time being in force.E+W

3.  A building included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979 F322.E+W

F3221979 c.46; section 1 was amended by Schedule 4 to the National Heritage Act 1983 (c.47).

CLASS 2E+W

Buildings not frequented by peopleE+W

1.  Subject to paragraph 2, a detached building—

(a)into which people do not normally go; or

(b)into which people go only intermittently and then only for the purpose of inspecting or maintaining fixed plant or machinery.

2.  The description of buildings in paragraph 1 does not include a building where any point of the building is less than one and a half times its height from—E+W

(a)any point of a building into which people can or do normally go; or

(b)the nearest point of the boundary of the curtilage of that building,

whichever is the nearer.

CLASS 3E+W

Greenhouses and agricultural buildingsE+W

1.  Subject to paragraph 3, a greenhouse.

2.  A building used, subject to paragraph 3, for agriculture, or a building principally for the keeping of animals, provided in each case that—E+W

(a)no part of the building is used as a dwelling;

(b)no point of the building is less than one and a half times its height from any point of a building which contains sleeping accommodation; and

(c)the building is provided with a fire exit which is not more than 30 metres from any point in the building.

3.  The descriptions of buildings in paragraphs 1 and 2 do not include a greenhouse or a building used for agriculture if the principal purpose for which they are used is retailing, packing or exhibiting.E+W

4.  In paragraph 2, “agriculture” includes horticulture, fruit growing, the growing of plants for seed and fish farming.E+W

CLASS 4E+W

Temporary buildingsE+W

A building which is not intended to remain where it is erected for more than 28 days.

CLASS 5E+W

Ancillary buildingsE+W

1.  A building on a site, being a building which is intended to be used only in connection with the disposal of buildings or building plots on that site.

2.  A building on the site of construction or civil engineering works, which is intended to be used only during the course of those works and contains no sleeping accommodation.E+W

3.  A building, other than a building containing a dwelling or used as an office or showroom, erected for use on the site of and in connection with a mine or quarry.E+W

CLASS 6E+W

Small detached buildingsE+W

1.  A detached single storey building, having a floor area which does not exceed 30m2, which contains no sleeping accommodation and is a building—

(a)no point of which is less than one metre from the boundary of its curtilage; or

(b)which is constructed substantially of non-combustible material.

2.  A detached building designed and intended to shelter people from the effects of nuclear, chemical or conventional weapons, and not used for any other purpose, if—E+W

(a)its floor area does not exceed 30m2; and

(b)the excavation for the building is no closer to any exposed part of another building or structure than a distance equal to the depth of the excavation plus one metre.

3.  A detached building, having a floor area which does not exceed 15m2, which contains no sleeping accommodation.E+W

CLASS 7E+W

ExtensionsE+W

The extension of a building by the addition at ground level of—

(a)a conservatory, porch, covered yard or covered way; or

(b)a carport open on at least two sides;

where the floor area of that extension does not exceed 30m2, provided that in the case of a conservatory or porch which is wholly or partly glazed, the glazing satisfies the requirements of F323[F324Part K4, K5.1, K5.2, K5.3, and K5.4] [F323Part N] of Schedule 1.

F323Words in Sch. 2 Class 7 substituted (W. in relation to excepted energy buildings) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 14 (with reg. 29)

F324Words in Sch. 2 Class 7 substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 28, Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Regulations 12(6)(a) and 20(1)

SCHEDULE 3E+WSelf-certification Schemes and Exemptions from Requirement to Give Building Notice or Deposit Full Plans

F325[F326Column 1

Type of Work

Column 2

Person carrying out work

1. Installation of a heat-producing gas appliance. This paragraph does not apply to the provision of a masonry chimney.A person, or an employee of a person, who is a member of a class of persons approved in accordance with regulation 3 of the Gas Safety (Installation and Use) Regulations 1998.

2. Installation of—

(a) an oil-fired combustion appliance; or

(b) oil storage tanks and the pipes connecting them to combustion appliances. This paragraph does not apply to the provision of a masonry chimney.

A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, Blue Flame Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, F327F325... [F328or] NAPIT Registration Limited, Oil Firing Technical Association Limited, [F329or Stroma Certification Limited].
3. Installation of a solid fuel-burning combustion appliance other than a biomass appliance. This paragraph does not apply to the provision of a masonry chimney.A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited, NAPIT Registration Limited [F330or] Oil Firing Technical Association Limited, [F329or Stroma Certification Limited].
4. Installation of a heating or hot water system, or its associated controls.A person, or an employee of a person, who is a member of a class of persons approved in accordance with regulation 3 of the Gas Safety (Installation and Use) Regulations 1998, or a person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, F331F332... Blue Flame Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited, NAPIT Registration Limited [F333or] Oil Firing Technical Association Limited, [F329or Stroma Certification Limited].
5. Installation of a mechanical ventilation or air conditioning system or associated controls, in a building other than a dwelling, that does not involve work on a system shared with parts of the building occupied separately.A person registered in respect of that type of work by Blue Flame Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP [F334or] NAPIT Registration Limited, [F329or Stroma Certification Limited].
6. Installation of an air conditioning or ventilation system in a dwelling, that does not involve work on a system shared with other dwellings.A person registered in respect of that type of work by Blue Flame Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP [F335or] NAPIT Registration Limited, [F329or Stroma Certification Limited].
7. Installation of an energy efficient lighting system or electric heating system, or associated electrical controls, in buildings other than dwellings.A person registered in respect of that type of work by Blue Flame Certification Limited [F336, Building Engineering Services Competence Assessment Limited], Certsure LLP [F337or] NAPIT Registration Limited, [F329or Stroma Certification Limited].
8. Installation of fixed low or extra-low voltage electrical installations in dwellings.A person registered in respect of that type of work by F338F339... F340F332... Blue Flame Certification Limited [F336, Building Engineering Services Competence Assessment Limited], Certsure LLP [F341or] NAPIT Registration Limited, Oil Firing Technical Association Limited, [F329or Stroma Certification Limited].
9. Installation of fixed low or extra-low voltage electrical installations in dwellings, as a necessary adjunct to or arising out of other work being carried out by the registered person.A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, F342F332... Blue Flame Certification Limited [F336, Building Engineering Services Competence Assessment Limited], Certsure LLP [F343or] NAPIT Registration Limited, [F329or Stroma Certification Limited].
10. Installation, as a replacement, of a window, rooflight, roof window or door in an existing dwelling.A person registered in respect of that type of work by F344[F345Assure Certification Limited,] F346F344... F338F347... Blue Flame Certification Limited, CERTASS Limited, Certsure LLP, by Fensa Limited under the Fenestration Self-Assessment Scheme [F348or] by NAPIT Registration Limited F349F350..., [F329or Stroma Certification Limited].
11. Installation, as a replacement, of a window, rooflight, roof window or door in an existing building other than a dwelling. This paragraph does not apply to glass which is load bearing or structural or which forms part of glazed curtain walling or a revolving door.A person registered in respect of that type of work by F344[F351Assure Certification Limited,] F352F344... Blue Flame Certification Limited, CERTASS Limited, Certsure LLP, by Fensa Limited under the Fenestration Self-Assessment Scheme [F353or] by NAPIT Registration Limited F354F350..., [F329or Stroma Certification Limited].
12. Installation of a sanitary convenience, sink, washbasin, bidet, fixed bath, shower or bathroom in a dwelling, that does not involve work on shared or underground drainage.A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, F355F332... Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited [F356or] NAPIT Registration Limited, [F329or Stroma Certification Limited].
13. Installation of a wholesome cold water supply or a softened wholesome cold water supply.A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, F357F332... Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited [F358or] NAPIT Registration Limited, [F329or Stroma Certification Limited].
14. Installation of a supply of non-wholesome water to a sanitary convenience fitted with a flushing device, that does not involve work on shared or underground drainage.A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, F359F332... Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited [F360or] NAPIT Registration Limited, [F329or Stroma Certification Limited].

15. Installation in a building of a system to produce electricity, heat or cooling—

(a) by microgeneration; or

(b) from renewable sources (as defined in Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources).

A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, F361F332... Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited, NAPIT Registration Limited [F362or] Oil Firing Technical Association Limited, [F329or Stroma Certification Limited].
16. Installation, as a replacement, of the covering of a pitched or flat roof and work carried out by the registered person as a necessary adjunct to that installation. This paragraph does not apply to the installation of solar panels.A person registered in respect of that type of work by NAPIT Registration Limited or the National Federation of Roofing Contractors Limited.
17. Insertion of insulating material into the cavity walls of an existing building.A person registered in respect of that type of work by Blue Flame Certification Limited, CERTASS Limited, [F325The] [F363Cavity Insulation Guarantee Agency] [F363Insulation Assurance Authority Limited] F364F325... under the Cavity Wall Insulation Self Certification Scheme, by Certsure LLP [F365or] NAPIT Registration Limited, [F329or Stroma Certification Limited].
18. Installation of insulating material to the internal walls of a building, not including the installation of flexible thermal linings.A person registered in respect of that type of work by Blue Flame Certification Limited, British Board of Agrément, CERTASS Limited, Certsure LLP [F366or] NAPIT Registration Limited, [F329or Stroma Certification Limited].
19. Installation of insulating material to the external walls of a building, not including insulation of demountable-clad buildings.A person registered in respect of that type of work by Blue Flame Certification Limited, British Board of Agrément, CERTASS Limited, Certsure LLP