The Building (Amendment) Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Building Regulations 2010 (S.I. 2010/2214, as amended by S.I. 2011/1515, S.I. 2011/3058, S.I. 2012/809, S.I. 2012/3119, S.I. 2013/10, S.I. 2013/181, S.I. 2013/1105, S.I. 2013/1959, S.I. 2014/579, S.I. 2015/767 and S.I. 2016/285) (“the Building Regulations”). They implement Article 8 (in-building physical infrastructure for high-speed electronic communications networks) 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 (OJ No L 155, 23.5.2014, p.1) (“Directive 2014/61/EU”).

Regulation 2(6) inserts as Part R of Schedule 1 (requirements) to the Building Regulations the requirement to provide high-speed ready physical infrastructure in new and certain renovated buildings up to a point where connection can be made to high-speed electronic communications networks.

Regulation 2(4) inserts new Part 9A into the Building Regulations, containing new regulations 44A, 44B and 44C, to make provision relating to the operation of Part R of Schedule 1. Regulation 44A applies Part R to certain buildings outside the scope of the Building Act 1984 (c.55). Regulation 44B provides for exemptions from Part R requirements, and regulation 44C for interpretation. Regulation 44A is made under the powers in section 2(2) of the European Communities Act 1972 (c.68).

Regulation 2(2) takes Part 9A and Part R of Schedule 1 out of the scope of certain general provisions for exemptions from the Building Regulations.

Regulation 2(3) takes Part 9A and Part R of Schedule 1 out of the scope of provisions for relaxation of requirements of the Building Regulations.

Regulation 2(5) inserts into the Building Regulations provision for the review of Part 9A and Part R of Schedule 1, and of their implementation of Article 8 of Directive 2014/61/EU.

Regulation 3 makes transitional provision under which the new Part 9A of, and Schedule 1 of Part R to, the Building Regulations will not apply where building work commences, or a notice of building work has been given, before 1st January 2017.

An impact assessment is available with the explanatory memorandum for these Regulations at www.legislation.gov.uk/. A copy is also available from the Department for Communities and Local Government, 2 Marsham Street, London SW1P 4DF.