The Building (Registered Building Control Approvers etc.) (England) Regulations 2024

PART 1E+WGeneral

Citation, extent, application and commencementE+W

1.—(1) These Regulations may be cited as the Building (Registered Building Control Approvers etc.) (England) Regulations 2024.

(2) These Regulations extend to England and Wales and apply in England only.

(3) These Regulations come into force on 6th April 2024.

Commencement Information

I1Reg. 1 in force at 6.4.2024, see reg. 1(3)

InterpretationE+W

2.—(1) In these Regulations—

the 1984 Act” means the Building Act 1984;

the 2022 Act” means the Building Safety Act 2022;

the 2010 Regulations” means the Building Regulations 2010(1);

application for building control approval with full plans” has the same meaning as given in the 2010 Regulations;

approver” means a registered building control approver(2);

building” has the same meaning as given in the 2010 Regulations;

building work” has the same meaning as given in the 2010 Regulations;

controlled service or fitting” means a service or fitting in relation to which Part G, H, J or L of Schedule 1 to the 2010 Regulations imposes a requirement;

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

“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;

FSO building” has the meaning given in regulation 9 (consultation with the fire and rescue authority);

material alteration” has the same meaning as given in the 2010 Regulations;

material change of use” has the same meaning as given in the 2010 Regulations;

“new dwelling” includes a dwelling that is formed by a material change of use of a building within the meaning of regulation 5(a), (b) or (g) of the 2010 Regulations;

optional requirement” has the meaning given in regulation 2(1) of the 2010 Regulations;

relevant day” means any day excluding Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971;

working day” means any period of 24 hours commencing at midnight and excludes Saturdays, Sundays, Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971(3).

(2) In these Regulations “client”, “contractor”, “designer”, “domestic client”, “principal contractor”, “principal designer”, “sole contractor” and “sole or lead designer” have the meanings given in the 2010 Regulations.

(3) Where any provision in these Regulations requires the use of a numbered form in Schedule 1, a form substantially to the like effect may be used.

(4) Any reference in these Regulations to the carrying out of work includes a reference to the making of a material change of use.

(5) Any reference in these Regulations to an initial notice(4) (whether or not combined with a plans certificate(5)) is to be construed as a reference to that initial notice as amended by an amendment notice(6) which has been accepted by a local authority.

Commencement Information

I2Reg. 2 in force at 6.4.2024, see reg. 1(3)

(1)

S.I. 2010/2214 as amended by S.I. 2012/3119, 2013/1959, 2014/110, 2015/767, 2016/285, 2016/1274, 2018/1230, 2021/1391, 2022/608, 2023/520 and 2023/911. There are other amending instruments, but none is relevant to this instrument.

(2)

For the definition of “registered building control approver” see section 58N of the Building Act 1984, which was inserted by section 42 of the Building Safety Act 2022.

(4)

For the definition of “initial notice” see section 47 of the Building Act 1984.

(5)

For the definition of “plans certificate” see section 50 of the Building Act 1984.

(6)

For the definition of “amendment notice” see section 51A of the Building Act 1984.