Firstly, you need to look at the entire Building Regulations, not just Part P.
[code:1]2000 No 2531
Building Regulations 2000
BUILDING AND BUILDINGS ENGLAND AND WALES
Made 13th September 2000
Laid before Parliament 22nd September 2000
Coming into force 1st January 2001
The Secretary of State, in exercise of the powers conferred on him by sections
1(1), 3(1), 5, 8(2), 35 and 126 of, and paragraphs 1, 2, 4, 7 and 8 of Schedule
1 to, the Building Act 1984 and of all other powers enabling him in that behalf,
after consulting the Building Regulations Advisory Committee and such other
bodies as appear to him to be representative of the interests concerned in
accordance with section 14(3) of that Act, hereby makes the following
Regulations:—
Part I
General
1 Citation and commencement
These Regulations may be cited as the Building Regulations 2000 and shall come
into force on 1st January 2001.
NOTES
Initial Commencement
Specified date
Specified date: 1 January 2001: see above.
2 Interpretation
(1) In these Regulations unless the context otherwise requires—
“the Act” means the Building Act 1984;
“amendment notice” means a notice given under section 51A of the Act;
“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);
“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 rating” of a dwelling means a numerical indication of the overall
energy efficiency of that dwelling obtained by the application of a
procedure approved by the Secretary of State under regulation 16(2) of
these Regulations;
“European Technical Approval issuing body” means a body authorised by a
member state of the European Economic Area to issue European Technical
Approvals (a favourable technical assessment of the fitness for use of a
construction product for the purposes of the Construction Products
Directive;
[“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;
“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;
“fronting” has the meaning given in section 203(3) of the Highways Act
1980;
“full plans” means plans deposited with a local authority for the purposes
of section 16 of the Act in accordance with regulations 12(2)(b) and 14;
“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;
“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;
“private street” has the meaning given in section 203(2) of the Highways
Act 1980;
“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;
[“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, whether or not the room
is separated from or arranged in a cluster group with other rooms, but
does not include a room in a hospital, or other similar establishment,
used for patient accommodation and, for the purposes of this definition, a
“cluster” is a group of rooms for residential purposes which is—
(a) separated from the rest of the building in which it is situated
by a door which is designed to be locked; and
(b) not designed to be occupied by a single household;]
“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.
(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;
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) Any reference in these Regulations to a numbered regulation, Part or
Schedule is a reference to the regulation, Part or Schedule so numbered in these
Regulations.
NOTES
Initial Commencement
Specified date
Specified date: 1 January 2001: see reg 1.
Amendment Para (1): in definition “controlled service or fitting” words
“Part G, H, J, L or P” in square brackets substituted by SI 2004/3210, reg
2(1), (2)(a).
Date in force: 31 December 2004: see SI 2004/3210, reg 1(1); for
transitional provisions see reg 3(1)–(4) thereof.
Para (1): definition “electrical installation” inserted by SI 2004/3210,
reg 2(1), (2)(b).
Date in force: 31 December 2004: see SI 2004/3210, reg 1(1); for
transitional provisions see reg 3(1)–(4) thereof.
Para (1): definition “extra-low voltage” inserted by SI 2004/3210, reg
2(1), (2)(c).
Date in force: 31 December 2004: see SI 2004/3210, reg 1(1); for
transitional provisions see reg 3(1)–(4) thereof.
Para (1): definition “independent access” inserted by SI 2003/2692, reg
2(1), (2).
Date in force: 1 May 2004: see SI 2003/2692, reg 1(2); for transitional
provisions see reg 3 thereof.
Para (1): definition “low-voltage” inserted by SI 2004/3210, reg 2(1),
(2)(d).
Date in force: 31 December 2004: see SI 2004/3210, reg 1(1); for
transitional provisions see reg 3(1)–(4) thereof.
Para (1): definition “room for residential purposes” substituted (as
inserted by SI 2002/2871, reg 2(1), (2)) by SI 2004/1465, reg 2(1), (2).
Date in force: 1 July 2004: see SI 2004/1465, reg 1(2).
Part II
Control of Building Work
3 Meaning of building work
(1) In these Regulations “building work” means—
(a) the erection or extension of a building;
(b) [subject to paragraph (1A),] 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.
[(1A) The provision or extension of a controlled service or fitting—
(a) in or in connection with an existing dwelling; and
(b) being a service or fitting in relation to which paragraph L1, but
not [Part G, H, J or P], of Schedule 1 imposes a requirement,
shall only be building work where that work consists of the provision of a
window, rooflight, roof window, door (being a door which together with its frame
has more than 50 per cent of its internal face area glazed), a space heating or
hot water service boiler, or a hot water vessel.]
(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)].
NOTES
Initial Commencement
Specified date
Specified date: 1 January 2001: see reg 1.
Amendment Para (1): in sub-para (b) words “subject to paragraph (1A),” in
square brackets inserted by SI 2001/3335, reg 2(1), (3).
Date in force: 1 April 2002: see SI 2001/3335, reg 1(1); for transitional
provisions see reg 4 thereof.
Para (1A): inserted by SI 2001/3335, reg 2(1), (4).
Date in force: 1 April 2002: see SI 2001/3335, reg 1(1); for transitional
provisions see reg 4 thereof.
Para (1A): in sub-para (b) words “Part G, H, J or P” in square brackets
substituted by SI 2004/3210, reg 2(1), (3).
Date in force: 31 December 2004: see SI 2004/3210, reg 1(1); for
transitional provisions see reg 3(1)–(4) thereof.
Para (3): words “Part M (access to and use of buildings)” in square
brackets substituted by SI 2003/2692, reg 2(1), (3).
Date in force: 1 May 2004: see SI 2003/2692, reg 1(2); for transitional
provisions see reg 3 thereof.
4 Requirements relating to building work
(1) 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.
(2) 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.
NOTES
Initial Commencement
Specified date
Specified date: 1 January 2001: see reg 1.
5 Meaning of material change of use
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 I to VI 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]; [or
(j) the building is used as a shop, where previously it was not].
NOTES
Initial Commencement
Specified date
Specified date: 1 January 2001: see reg 1.
Amendment In para (f) word omitted revoked by SI 2002/2871, reg 2(1),
(3)(a).
Date in force: 1 July 2003: see SI 2002/2871, reg 1(c); for transitional
provisions see reg 3 thereof.
Paras (h), (i) inserted by SI 2002/2871, reg 2(1), (3)(b).
Date in force: 1 July 2003: see SI 2002/2871, reg 1(c); for transitional
provisions see reg 3 thereof.
In para (h) word omitted revoked by SI 2003/2692, reg 2(1), (4)(a).
Date in force: 1 May 2004: see SI 2003/2692, reg 1(2); for transitional
provisions see reg 3 thereof.
Para (j) and word “or” immediately preceding it inserted by SI 2003/2692,
reg 2(1), (4)(b).
Date in force: 1 May 2004: see SI 2003/2692, reg 1(2); for transitional
provisions see reg 3 thereof.
6 Requirements relating to material change of use
(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 (sanitary conveniences and washing facilities)
G2 (bathrooms)
[H1 (foul water drainage)]
[H6] (solid waste storage)
J1 to J3 ([combustion appliances])
L1 (conservation of fuel and power[—dwellings])
[L2 (conservation of fuel and power—buildings other than dwellings)]
[P1 and P2 (electrical safety)];
(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);
[(cc) 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);]
(d) in the case of a material change of use described in regulation
5(a), [C2 (resistance to moisture)]; . . .
(e) 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);
[(f) 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)];
[(g) in the case of a material change of use described in regulation
5(c), (d), (e) or (j), M1 (access and use)].
(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), (d)[, (e) or (f)] 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; [and
(d) in a case to which sub-paragraph (g) 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.].
NOTES
Initial Commencement
Specified date
Specified date: 1 January 2001: see reg 1.
Amendment Para (1): in sub-para (a) words “C2(c) (interstitial and surface
condensation)” in square brackets inserted by SI 2004/1465, reg 2(1),
(3)(a).
Date in force: 1 December 2004: see SI 2004/1465, reg 1(2); for
transitional provisions see reg 3 thereof.
Para (1): in sub-para (a) words omitted revoked by SI 2004/1465, reg 2(1),
(3)(b).
Date in force: 1 December 2004: see SI 2004/1465, reg 1(2); for
transitional provisions see reg 3 thereof.
Para (1): in sub-para (a) words “H1 (foul water drainage)” in square
brackets inserted by SI 2001/3335, reg 2(1), (5)(a).
Date in force: 1 April 2002: see SI 2001/3335, reg 1(1); for transitional
provisions see reg 4 thereof.
Para (1): in para (a) reference to “H6” in square brackets substituted by
SI 2001/3335, reg 2(1), (5)(b).
Date in force: 1 April 2002: see SI 2001/3335, reg 1(1); for transitional
provisions see reg 4 thereof.
Para (1): in sub-para (a) words “combustion appliances” in square brackets
substituted by SI 2001/3335, reg 2(1), (5)(c).
Date in force: 1 April 2002: see SI 2001/3335, reg 1(1); for transitional
provisions see reg 4 thereof.
Para (1): in sub-para (a) word “—dwellings” in square brackets inserted by
SI 2001/3335, reg 2(1), (5)(d).
Date in force: 1 April 2002: see SI 2001/3335, reg 1(1); for transitional
provisions see reg 4 thereof.
Para (1): in sub-para (a) words “L2 (conservation of fuel and
power—buildings other than dwellings)” in square brackets inserted bySI
2001/3335, reg 2(1), (5)(e).
Date in force: 1 April 2002: see SI 2001/3335, reg 1(1); for transitional
provisions see reg 4 thereof.
Para (1): in sub-para (a) words “P1 and P2 (electrical safety)” in square
brackets inserted by SI 2004/3210, reg 2(1), (4).
Date in force: 31 December 2004: see SI 2004/3210, reg 1(1); for
transitional provisions see reg 3(1)–(4) thereof.
Para (1): sub-para (cc) inserted by SI 2004/1465, reg 2(1), (3)(c).
Date in force: 1 December 2004: see SI 2004/1465, reg 1(2); for
transitional provisions see reg 3 thereof.
Para (1): in sub-para (d) words “C2 (resistance to moisture)”in square
brackets substituted by SI 2004/1465, reg 2(1), (3)(d).
Date in force: 1 December 2004: see SI 2004/1465, reg 1(2); for
transitional provisions see reg 3 thereof.
Para (1): in sub-para (d) word omitted revoked by SI 2002/2871, reg 2(1),
(4)(a).
Date in force: 1 July 2003: see SI 2002/2871, reg 1(c); for transitional
provisions see reg 3 thereof.
Para (1): in sub-para (e) words “regulation 5(a), (b), (c), (g), (h) or
(i)” in square brackets substituted by SI 2002/2871, reg 2(1), (4)(b).
Date in force: 1 July 2003: see SI 2002/2871, reg 1(c); for transitional
provisions see reg 3 thereof.
Para (1): sub-para (f) inserted by SI 2002/2871, reg 2(1), (4)(c).
Date in force: 1 July 2003: see SI 2002/2871, reg 1(c); for transitional
provisions see reg 3 thereof.
Para (1): sub-para (g) inserted by SI 2003/2692, reg 2(1), (5)(a).
Date in force: 1 May 2004: see SI 2003/2692, reg 1(2); for transitional
provisions see reg 3 thereof.
Para (2): in sub-para (b) words “, (e) or (f)” in square brackets
substituted by SI 2002/2871, reg 2(1), (4)(d).
Date in force: 1 July 2003: see SI 2002/2871, reg 1(c); for transitional
provisions see reg 3 thereof.
Para (2): in sub-para (b) word omitted revoked by SI 2003/2692, reg 2(1),
(5)(b).
Date in force: 1 May 2004: see SI 2003/2692, reg 1(2); for transitional
provisions see reg 3 thereof.
Para (2): sub-para (d) and word “and” immediately preceding it inserted by
SI 2003/2692, reg 2(1), (5)(c).
Date in force: 1 May 2004: see SI 2003/2692, reg 1(2); for transitional
provisions see reg 3 thereof.
7 Materials and workmanship
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.
NOTES
Initial Commencement
Specified date
Specified date: 1 January 2001: see reg 1.
[8 Limitation on requirements]
[[Parts A to D, F to K, N and P] (except for paragraphs H2 and J6) 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).]
NOTES
Amendment Substituted by SI 2002/2871, reg 2(1), (5).
Date in force: 1 July 2003: see SI 2002/2871, reg 1(c); for transitional
provisions see reg 3 thereof.
Words “Parts A to D, F to K, N and P” in square brackets substituted by SI
2004/3210, reg 2(1), (5).
Date in force: 31 December 2004: see SI 2004/3210, reg 1(1); for
transitional provisions see reg 3(1)–(4) thereof.
9 Exempt buildings and work
[(1)] [Subject to paragraph (2)] 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 Part P of Schedule 1 apply to—
(a) any greenhouse;
(b) any small detached building falling within class VI in Schedule 2;
and
(c) any extension of a building falling within class VII in Schedule 2,
which in any case receives its electricity from a source shared with or located
inside a dwelling.]
NOTES
Initial Commencement
Specified date
Specified date: 1 January 2001: see reg 1.
Amendment Para (1): numbered as such by virtue of SI 2004/3210, reg 2(1),
(6).
Date in force: 31 December 2004: see SI 2004/3210, reg 1(1); for
transitional provisions see reg 3(1)–(4) thereof.
Para (1): words “Subject to paragraph (2)” in square brackets inserted by
SI 2004/3210, reg 2(1), (6).
Date in force: 31 December 2004: see SI 2004/3210, reg 1(1); for
transitional provisions see reg 3(1)–(4) thereof.
Para (2): inserted by SI 2004/3210, reg 2(1), (6).
Date in force: 31 December 2004: see SI 2004/3210, reg 1(1); for
transitional provisions see reg 3(1)–(4) thereof.
Part III
Exemption of Public Bodies from Procedural Requirements
10 The Metropolitan Police Authority
(1) The Metropolitan Police Authority 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 Metropolitan Police Authority is exempt from compliance with these
Regulations in so far as the requirements in these Regulations are not
substantive requirements.
NOTES
Initial Commencement
Specified date
Specified date: 1 January 2001: see reg 1.
Part IV
Relaxation of Requirements
11 Power to dispense with or relax requirements
(1) 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 his 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).
NOTES
Initial Commencement
Specified date
Specified date: 1 January 2001: see reg 1.
Part V
Notices and Plans
12 Giving of a building notice or deposit of plans
(1) In this regulation “relevant use” means a use as a workplace of a kind to
which Part II of the Fire Precautions (Workplace) Regulations 1997 applies or a
use designated undersection 1 of the Fire Precautions Act 1971.
(2) Subject to the following provisions of this regulation, a person who
intends to carry out building work or to make a material change of use 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 shall deposit full plans where he intends to carry out building
work in relation to a building put or intended to be put to a use which is a
relevant use.
(4) A person shall deposit full plans where he intends to carry out work which
includes the erection of a building fronting on to a private street.
[(4A) A person shall deposit full plans where he intends to carry out building
work in relation to which paragraph H4 of Schedule 1 imposes a requirement.]
[(5) A person who intends 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 2A if the work is to
be carried out by a person described in the corresponding entry in column
2 of that Table, and paragraphs 1 and 2 of that Schedule have effect for
the purposes of the descriptions in the Table; or
(b) described in Schedule 2B.]
(6) Where regulation 20 of the Building (Approved Inspectors etc) Regulations
2000 (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.
NOTES
Initial Commencement
Specified date
Specified date: 1 January 2001: see reg 1.
Amendment Para (4A): inserted by SI 2001/3335, reg 2(1), (7).
Date in force: 1 April 2002: see SI 2001/3335, reg 1(1); for transitional
provisions see reg 4 thereof.
Para (5): substituted by SI 2004/3210, reg 2(1), (7).
Date in force: 31 December 2004: see SI 2004/3210, reg 1(1).
13 Particulars and plans where a building notice is given
(1) A building notice shall state the name and address of the person intending
to carry out the work and shall be signed by him or on his 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 or material change of
use; and
(c) particulars of the location of the building to which the proposal
relates and the use or intended use of that building.
(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;
(ii) . . .; and
(iii) the steps to be taken to comply with any local enactment which
applies.
(3) In the case of building work which involves the insertion of insulating
material into the cavity walls of a building, a building notice shall be
accompanied by a statement which specifies—
(a) the name and type of insulating material to be used;
(b) the name of any European Technical Approval issuing body which has
approved the insulating material;
(c) the requirements of Schedule 1 in relation to which any body
referred to in (b) has approved the insulating material;
(d) any national standard of a member state of the European Economic
Area to which the insulating material conforms; and
(e) the name of any body which has issued any current approval to the
installer of the insulating material.
(4) Where building work involves the provision of a hot water storage system
in relation to which paragraph G3 of Schedule 1 (hot water storage) imposes a
requirement, a building notice shall be accompanied by a statement which
specifies—
(a) the name, make, model and type of hot water storage system to be
installed;
(b) the name of the body, if any, which has approved or certified that
the system is capable of performing in a way which satisfies the
requirements of paragraph G3 of Schedule 1;
(c) the name of the body, if any, which has issued any current
registered operative identity card to the installer or proposed installer
of the system.
(5) Where a building notice has been given, a person carrying out building
work 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.
(6) Neither a building notice nor plans which accompany it or are given under
paragraph (5) are to be treated for the purposes of section 16 of the Act as
having been deposited in accordance with building regulations.
(7) 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 material change of use described in the notice was made.
NOTES
Initial Commencement
Specified date
Specified date: 1 January 2001: see reg 1.
Amendment Para (2): sub-para (c)(ii) revoked by SI 2001/3335, reg 2(1),
(8).
Date in force: 1 April 2002: see SI 2001/3335, reg 1(1); for transitional
provisions see reg 4 thereof.
14 Full plans
(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 or material change of
use, and the plans, particulars and statements required by paragraphs (1)
to (4) of regulation 13; and
[(aa) 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]
(b) 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 put or is intended to be put to a use which is a relevant use as defined by
regulation 12(1).
(5) Full plans may be accompanied by a request from the person carrying out
building work that on completion of the work he wishes the local authority to
issue a completion certificate in accordance with regulation 17.
(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.
NOTES
Initial Commencement
Specified date
Specified date: 1 January 2001: see reg 1.
Amendment Para (3): sub-para (aa) inserted by SI 2001/3335, reg 2(1), (9).
Date in force: 1 April 2002: see SI 2001/3335, reg 1(1); for transitional
provisions see reg 4 thereof.
[14A Consultation with sewerage undertaker]
[(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 pursuant to a request under
regulation 14(5).
(3) Where a local authority is required by paragraph (2) to consult the
sewerage undertaker they shall—
(a) give to the sewerage undertaker, in a case where they 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.]
NOTES
Amendment Inserted by SI 2001/3335, reg 2(1), (10).
Date in force: 1 April 2002: see SI 2001/3335, reg 1(1); for transitional
provisions see reg 4 thereof.
15 Notice of commencement and completion of certain stages of work
(1) [Subject to paragraph (8), a person] who proposes to carry out building
work shall not commence that work unless—
(a) he has given the local authority notice that he intends to commence
work; and
(b) at least two days have elapsed since the end of the day on which he
gave the notice.
(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 he has given the local authority notice that he intends to
commence that work, and at least one day has elapsed since the end of the
day on which he gave the notice.
(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.
(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, 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) Where a person fails to comply with paragraphs (1) to (3), he shall comply
within a reasonable time with any notice given by the local authority requiring
him 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.]
NOTES
Initial Commencement
Specified date
Specified date: 1 January 2001: see reg 1.
Amendment Para (1): words “Subject to paragraph (8), a person” in square
brackets substituted by SI 2002/440, reg 2(1), (3)(a).
Date in force: 1 April 2002: see SI 2002/440, reg 1.
Para (2): words “Subject to paragraph (8), a person” in square brackets
substituted by SI 2002/440, reg 2(1), (3)(a).
Date in force: 1 April 2002: see SI 2002/440, reg 1.
Para (3): words “Subject to paragraph (8), a person” in square brackets
substituted by SI 2002/440, reg 2(1), (3)(a).
Date in force: 1 April 2002: see SI 2002/440, reg 1.
Para (4): words “Subject to paragraph (8), a person” in square brackets
substituted by SI 2002/440, reg 2(1), (3)(a).
Date in force: 1 April 2002: see SI 2002/440, reg 1.
Para (8): inserted by SI 2002/440, reg 2(1), (3)(b).
Date in force: 1 April 2002: see SI 2002/440, reg 1.
16 Energy rating
(1) This regulation applies where a new dwelling is created by building work
or by a material change of use in connection with which building work is carried
out.
(2) Where this regulation applies, the person carrying out the building work
shall calculate the energy rating of the dwelling by means of a procedure
approved by the Secretary of State and give notice of that rating to the local
authority.
(3) The notice referred to in paragraph (2) shall be given not later than the
date on which the notice required by paragraph (4) of regulation 15 is given,
and, where a new dwelling is created by the erection of a building, it shall be
given at least five days before occupation of the dwelling.
(4) Where this regulation applies, subject to paragraphs (6) and (7), the
person carrying out the building work shall affix, as soon as practicable, in a
conspicuous place in the dwelling, a notice stating the energy rating of the
dwelling.
(5) The notice referred to in paragraph (4) shall be affixed not later than
the date on which the notice required by paragraph (4) of regulation 15 is
given, and, where a new dwelling is created by the erection of a building, it
shall be affixed not later than five days before occupation of the dwelling.
(6) Subject to paragraph (7), if, on the date the dwelling is first occupied
as a residence, no notice has been affixed in the dwelling in accordance with
paragraph (4), the person carrying out the building work shall, not later than
the date on which the notice required by paragraph (4) of regulation 15 is
given, give to the occupier of the dwelling a notice stating the energy rating
of the dwelling calculated in accordance with paragraph (2).
(7) Paragraphs (4) and (6) shall not apply in a case where the person carrying
out the work intends to occupy, or occupies, the dwelling as a residence.
NOTES
Initial Commencement
Specified date
Specified date: 1 January 2001: see reg 1.
[16A Provisions applicable to self certification schemes]
[(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 2A 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 is 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 building
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).
(4) Paragraph (3) of this regulation does not apply where a person carries out
the building work described in Schedule 2B which consists only of work on a low
voltage or an extra-low voltage electrical installation.]
NOTES
Amendment Inserted by SI 2002/440, reg 2(1), (4) (with effect from 1 April
2002); substituted by SI 2004/3210, reg 2(1), (8).
Date in force: 31 December 2004: see SI 2004/3210, reg 1(1); for
transitional provisions see reg 3(5), (6) thereof.
17 Completion certificates
(1) A local authority shall give a completion certificate in accordance with
this regulation and as provided for in paragraph (2) where—
(a) they receive a notice under regulation 15(4) or (5) that building
work has been completed, or, that a building has been partly occupied
before completion; and
(b) they have either—
(i) been notified, in accordance with regulation 14(4), that the
building is put or is intended to be put to a use which is a relevant use
as defined by regulation 12(1); or
(ii) been requested, in accordance with regulation 14(5), to give a
completion certificate.
(2) Where in relation to any building work or, as the case may be, to any part
of a building which has been occupied before completion, a local authority have
been able to ascertain, after taking all reasonable steps, that the relevant
requirements of Schedule 1 specified in the certificate have been satisfied,
they shall give a certificate to that effect.
(3) In this regulation “relevant requirements” mean—
(a) in a case mentioned in paragraph (1)(b)(i), the applicable
requirements of Part B of Schedule 1 (fire safety); and
(b) in a case mentioned in paragraph (1)(b)(ii), any applicable
requirements of Schedule 1.
(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.
NOTES
Initial Commencement
Specified date
Specified date: 1 January 2001: see reg 1.
Part VI
Miscellaneous
[18 Testing of building work]
[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.]
NOTES
Amendment Substituted by SI 2001/3335, reg 2(1), (11).
Date in force: 1 April 2002: see SI 2001/3335, reg 1(1).
19 Sampling of material
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.
NOTES
Initial Commencement
Specified date
Specified date: 1 January 2001: see reg 1.
20 Supervision of building work otherwise than by local authorities
(1) Regulations 12, 15, 16, [16A,] 17, 18[, 19 and 20A] 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 18 and 19 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.
NOTES
Initial Commencement
Specified date
Specified date: 1 January 2001: see reg 1.
Amendment Para (1): reference to “16A,” in square brackets inserted by SI
2002/440, reg 2(1), (5).
Date in force: 1 April 2002: see SI 2002/440, reg 1.
Para (1): words “, 19 and 20A” in square brackets substituted by SI
2002/2871, reg 2(1), (6).
Date in force: 1 July 2003: see SI 2002/2871, reg 1(c); for transitional
provisions see reg 3 thereof.
[20A Sound insulation testing]
[(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)(e) 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 15(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 he gives notice of
commencement of the work under regulation 15(1), that, for the purpose of
achieving compliance of the work with paragraph E1 of Schedule 1, he is using
one or more design details approved by Robust Details Limited, provided that—
(a) the notification specifies—
(i) the part or parts of the building in respect of which he 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.]
NOTES
Amendment Inserted by SI 2002/2871, reg 2(1), (7).
Date in force (for certain purposes): 1 July 2003: see SI 2002/2871, reg
1(c); for transitional provisions see reg 3 thereof.
Date in force (for remaining purposes): 1 July 2004: see SI 2002/2871, reg
1(b); for transitional provisions see reg 4 thereof (as amended by SI
2003/3133, reg 2(a)).
Para (1): words “Subject to paragraph (4) below,” in square brackets
inserted by SI 2004/1465, reg 2(1), (4).
Date in force: 1 July 2004: see SI 2004/1465, reg 1(2).
Para (4): inserted by SI 2004/1465, reg 2(1), (5).
Date in force: 1 July 2004: see SI 2004/1465, reg 1(2).
21 Unauthorised building work
(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) 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; or
(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 15(1) of these Regulations, where a building notice has been
given or full plans have been deposited.
(3) 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 his 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”).
(4) 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.
(5) When the applicant has taken any such steps required by the local
authority as are described in paragraph (4), 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.
(6) 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”).
(7) A regularisation certificate shall be evidence (but not conclusive
evidence) that the relevant requirements specified in the certificate have been
complied with.
(8) 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.
NOTES
Initial Commencement
Specified date
Specified date: 1 January 2001: see reg 1.
22 Contravention of certain regulations not to be an offence
Regulation 17 is designated as a provision to which section 35 of the Act
(penalty for contravening building regulations) does not apply.
NOTES
Initial Commencement
Specified date
Specified date: 1 January 2001: see reg 1.
23 Transitional provisions
(1) Subject to paragraph (2), the Regulations specified in Schedule 3 shall
continue to apply in relation to any building work as if these Regulations had
not been made where—
(a) before 1st January 2001 a building notice, an initial notice, an
amendment notice or a public body’s notice has been given to, or full
plans have been deposited with, a local authority; and
(b) building 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.
(2) Where an initial notice given before 1st January 2001 is varied by an
amendment notice given on or after that date, the Regulations specified in
Schedule 3 shall continue to apply as if these Regulations had not been made, 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.
NOTES
Initial Commencement
Specified date
Specified date: 1 January 2001: see reg 1.
24 Revocations
The Regulations specified in Schedule 3 are hereby revoked.
NOTES
Initial Commencement
Specified date
Specified date: 1 January 2001: see reg 1.
Nick Raynsford
Minister of State,
Department of the Environment, Transport and the Regions
13th September 2000 [/code:1]
Schedule 1 to follow in next post - the whole thing exceeds the limit on length of posts..