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The Building Regulations 2010
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- UK Statutory Instruments
- 2010 No. 2214
- PART 9
- Regulation 44
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The Building Regulations 2010, Section 44 is up to date with all changes known to be in force on or before 23 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Regulation 44:
- reg. 44 amendment to earlier affecting provision S.I. 2010/2215, reg 20(1) by S.I. 2024/447 reg. 3(h)
- reg. 44 amendment to earlier affecting provision S.I. 2010/2215, reg 20(6) by S.I. 2024/447 reg. 3(j)
CommissioningE
This section has no associated Explanatory Memorandum
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 [F1building control authority] a notice confirming that the fixed building services have been commissioned in accordance with a procedure approved by the Secretary of State.
[F2(4) The notice must be given—
(a)in the case where the building work is higher-risk building work for which an application for a completion certificate is required, to the regulator with the application;
(b)in any other case, to the building control authority—
(i)not later than the date on which the notice required by regulation 16(4) is required to be given; or
(ii)where that regulation does not apply, not more than 30 days after completion of the work.
(5) Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.]
Extent Information
E1This version of this provision applies to England only; a separate version has been created for Wales only
Textual Amendments
F1Words in reg. 44(3) substituted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 7(19)(a) (with regs. 22-24)
F2Reg. 44(4)(5) substituted for reg. 44(4) (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 7(19)(b) (with regs. 22-24)
Modifications etc. (not altering text)
C1Reg. 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))
C2Reg. 44 modified (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(6)
C3Reg. 44 modified (E.) (6.4.2024) by The Building (Registered Building Control Approvers etc.) (England) Regulations 2024 (S.I. 2024/110), regs. 1(3), 5(10) (with regs. 44-47)
CommissioningW
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.
Extent Information
E2This version of this provision applies to Wales only; a separate version has been created for England only
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