Third Party Testing

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I noticed when reading the script from the case seahawk2nigel vs ban-all-sheds there were mis quotes re testing other peoples installations, whether they were installed by contractors or a john doe Here are the facts as they stand at present

The principle of electrical work being inspected and tested by someone other than the person(s) responsible for the design and/or the construction of that work has long been recognised in the model Electrical Installation Certificate given in Appendix 6 of BS 7671, and in the full NICEIC Electrical Installation Certificate.

However, as a large measure of responsibility (and therefore potential liability) falls on the shoulders of those inspecting and testing electrical work before it is put into service, such a service should not be undertaken lightly on a third party basis, especially if the level of competence of those responsible for the design and construction of the work is unknown.

The conditions applicable to the inspection and testing of electrical installation work that has been designed and/or constructed by another party are:

1. The certificate issued for the work must be a full Electrical Installation Certificate, that is one having provision for separate certification for design, construction and inspection and testing

2. Preferably, the certificate should be initiated, and be given to the person ordering the work, by the person(s) responsible for the construction of that work

3. In the case of NICEIC schemes, only the Approved Contractor or Domestic Installer responsible for the construction of the work is authorised to issue an NICEIC certificate for that work, irrespective of the responsibility for the design and inspection and testing of the work. NICEIC Approved Contractors and Domestic Installers are not permitted to issue red or purple NICEIC certificates for work constructed by others

4. The inspection and testing section of an Electrical Installation Certificate can be signed by a third party only if that party inspected and tested the work during erection and on completion in order to verify, so far as is reasonably practicable, that the requirements of BS 7671 have been met (Regulation 711-01-01). Inspection and testing on completion only cannot provide sufficient verification for the purpose of certification

4. As with the other sections, the inspection and testing section of an Electrical Installation Certificate must be signed only by a competent person or persons (Regulation 741-01-04). In this context, 'competent' means having adequate knowledge and experience of the type of work being inspected and tested in order to be able to verify, so far as is reasonably practicable, whether or not the work meets the requirements of BS 7671. NICEIC experience indicates that, as with periodic inspection reporting, persons undertaking the inspection and testing of electrical work designed and/or constructed by others need to have above-average knowledge and experience of electrical installation matters

6. As required by Regulation 711-01-02, the person(s) carrying out the inspection and testing need to be informed of the result of the assessment of general characteristics as required by Sections 311 (maximum demand), 312 (arrangement of live conductors and type of earthing) and 313 (nature of supply) and, in addition, have access to the details of the installation required by Regulation 514-09-01

7. For alterations and additions, it needs to be verified that the work complies with BS 7671 and does not impair the safety of the existing installation Regulation (721-01-02). It also needs to be confirmed that the earthing and bonding arrangements upon which the new work relies for safety are adequate (Regulation 130-07-01). Any defects found in the existing installation, unrelated to the work being certified, must be recorded on the certificate (Regulation 743-01-02)

8. The person(s) responsible for inspecting and testing the work are responsible for comparing the results with the relevant criteria (Regulation 713-01-01) to confirm that the work inspected and tested meets the requirements of BS 7671, before signing for the
inspection and testing element of the work on the certificate. For example, it needs to be confirmed that the limiting values of Zs have not been exceeded.

9. If any test indicates a failure to comply, that test and any preceding test, the results of which may have been influenced by the circumstances that caused the failure, need to be repeated after the fault has been rectified (Regulation713-01-01). Defects or omissions revealed during the inspection and testing must be made good before the work is put into service and before the certificate is signed and issued (Regulation 742-01-04)

10. The person(s) responsible for inspecting and testing must compile the schedule of inspections and the schedule of test results, for issue as part of the certificate to the person ordering the work (Regulation 741-01-01).


Where these conditions cannot be fulfilled, and in particular where the work has already been completed before any inspection and testing is undertaken, the person(s) asked to carry out inspection and testing might consider issuing a Periodic Inspection Report. However, except in the most exceptional circumstances, it is not acceptable for a Periodic Inspection Report to be issued for new installation work as a substitute for an Electrical Installation Certificate. This is because a Periodic Inspection Report does not provide a declaration by the designer or installer that the aspects of the work for which they were responsible comply with the requirements of BS 7671. Also, cables and other items that are designed to be concealed from view cannot be inspected when construction is complete.

Part P of the Building Regulations for England and Wales

For domestic electrical installation work that is notifiable under Part P of the Building Regulations for England and Wales, only the person(s) responsible for the construction of the work are legally entitled to self-certify that the electrical work complies with the relevant requirements of the Building Regulations, and then only if they are registered with an approved (electrical) competent person self-certification scheme. Either the installing contractor or the inspecting and testing contractor would need to confirm that the electrical work also complied with all the other relevant requirements of the Building Regulations in order for the required Building Regulations compliance certificate to be issued to the householder. Where electrical work has been notified to a local authority prior to commencement (the alternative route to self-certification), the local authority is free to decide the basis on which they determine whether or not the work complies with the Building Regulations. Therefore, where the local authority decides to employ an electrical contractor to inspect and test newly completed electrical work as their agent, a Periodic Inspection Report may be acceptable to them for that specific purpose.

In a few cases, electrical work might be undertaken by an unregistered contractor that is competent to certify the design and construction elements, and the contractor responsible for the inspecting and testing is sufficiently involved on site during the installation process to be in a position to certify the inspection and testing element on completion. In such cases, the issue of a full (three signature) Electrical Installation Certificate would be appropriate.

Certifying compliance with the Building(Scotland) Regulations 2004

For domestic and non-domestic electrical installation work in Scotland, a Certificate issued by an Approved Certifier of Construction may be submitted with the Completion Certificate that certifies that the work complies with the Building Regulations. An Approved Certifier will be guilty of an offence under the Building (Scotland) Act 2003 if they make false or misleading statements within a Certificate of Construction, or recklessly issue a Certificate of Construction which is false or misleading.
An example of reckless certification may be considered to be the certification of work that is not in compliance with the Building (Scotland) Regulations 2004. An Approved Certifier must ensure that, amongst other things, any inspection and testing of electrical installation work by a third party is carried out fully in accordance with BS 7671 before issuing a Certificate of Construction for that work.

Where a warrant has been applied for and the electrical work is not being checked by an Approved Certifier of Construction (the alternative route to certification), the Local Authority Building Standards Service, as Verifier, decides the basis on which they determine whether or not the work complies with the Building Regulations.

They may decide that site inspection and appropriate BS 7671 certification provided by the installer is sufficient proof that electrical work complies with Building Regulations. Where there is no BS 7671 certification, the Verifier may refuse to accept a Completion Certificate until suitable evidence is provided by the owner, developer or other relevant person. To obtain this evidence, the owner, developer or other relevant person may need to engage professionals to carry out any additional assessment to demonstrate compliance. In this context, it is unlikely that a Periodic Inspection Report would be deemed an acceptable alternative to a BS 7671 Electrical Installation Certificate for the reasons stated earlier in this article.

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I have been trying to puzzle out how a diligent householder can comply with the rules when doing DIY.

The householder is not going to be a on the register of an approved organisation for self-certification even though he may have studied and taken appropriate exams. He might or might not have had the years of experience to help him deal with "not-in-the-book" circumstances.

Apart from the non-notifiable Minor Works like replacing or adding sockets or cables on a single circuit that is not in a kitchen, bathroom, outdoors etc, my Borough Council charges (a very reasonable) £66 inc VAT for a plans and inspection of "Notifiable electrical works covered by Building Regulation Part P"

The council says that "If a person chooses to use the Councils Building Control Department, the applicant/building owner will be requested on completion to supply an installation and commissioning test certificate completed by a person competent in respect of the inspection and testing of such installations as required by British Standards 7671."

I see that my local college does a C&G 2391 Inspection and Testing course at £87 plus £188 for the exam, the certificate presumably being adequate for the "competency" test.

So if I understand correctly, the DIY enthusiast needs to successfully complete the 2391 course and exam if he is to issue his own certificate, or else pay someone else to do it (the someone else to certify that they have done the test, not the installation). It looks as if he does not need to have completed the Design or the Domestic Installers course (although that would surely be a good idea) because any errors should be picked up by the Inspection and Test.

Doe this seem correct? Would this hypothetical householder be able to put any of his new installation into use before the LABC inspection? I imagine if he is economy-minded he will do all his Part P in one go, to save having to make several applications.
 
there is no where written a definition of what defines competatant, there is nothing to say you have to have formal qualifications to be considered competant, but such pieces of paper may help you to convince people that you are competant


FWIW, my council is very similar to yours, after emailing them because their website appeared to contradict itself, i received this reply:


We are suggesting that a DIYer must be competent and and be capable of issuing an electrical certificate and testing results in accordance with BS7671. If Building Regulation Approval is required because the installer is not part of a registration scheme we will check the certificate and the works are in accordance with the certificate. You may contact me on 01522-xxxxxx to discuss this matter further.

it sounds to me that they give the installation a quick glance over, and have a look at the cert to see if it looks about right, and if both suggest the DIY knows what he is doing, and is not a bodger, they are happy that BS7671 has been complied with, obviously if you want to have your work passed by building regs despite not being in accordance with BS7671, then things might be slightly more tricky (I know of at least one member here who wants to try and get a german socket in the bathroom installed to VDE100 certified by BC)
 
Adam_151 said:
there is no where written a definition of what defines competatant, there is nothing to say you have to have formal qualifications to be considered competant, but such pieces of paper may help you to convince people that you are competant

Fair enough, but I think that having a cert should prevent anyone quibbling when you sell the property, or accusing you of being incompetent if someone is hurt.
 
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Now how long did that take to copy from the connections magazine :LOL:
 
I wonder why the person composing that screed chose to use the passive voice "it needs to be verified that... " rather than the active "The Inspector must verify that..."


Where does the idea come from that "The inspection and testing section of an Electrical Installation Certificate can be signed by a third party only if that party inspected and tested the work during erection and on completion in order to verify, so far as is reasonably practicable, that the requirements of BS 7671 have been met (Regulation 711-01-01). Inspection and testing on completion only cannot provide sufficient verification for the purpose of certification" At what point does "as far as reasonably practicable" start, and where does "sat on the installers shoulders all day and every day" end?
 
JohnD said:
I have been trying to puzzle out how a diligent householder can comply with the rules when doing DIY.
A bigger puzzle is how they can comply with the rules when the council doesn't, and puts unlawful obstacles in the householder's way to make it appear as though he has not complied with the rules.

my Borough Council charges (a very reasonable) £66 inc VAT for a plans and inspection of "Notifiable electrical works covered by Building Regulation Part P"
It sounds reasonable, until you realise what they are not doing for that money..

The council says that "If a person chooses to use the Councils Building Control Department, the applicant/building owner will be requested on completion to supply an installation and commissioning test certificate completed by a person competent in respect of the inspection and testing of such installations as required by British Standards 7671."
A great many of them do.

They are not, in the opinion of the ODPM, allowed to do that:

From ODPM Circular 8/2004 (with my emphasis):

There have been reports that some local authorities are asking householders to have electrical installation work inspected, tested and certificated by someone other than the person carrying out the work. Section 33(2) of the Building Act 1984 (which would give power to local authorities to require persons carrying out building work to carry out such reasonable tests, at the person's expense, of or in connection with the work for the purpose of enabling local authorities to ascertain whether the work complies with the requirements of the Regulations) has not been commenced. This means in our opinion that local authorities do not have the power to require householders to retain an electrician to test and certificate the work in accordance with BS 7671. Local authorities which have adopted such a practice should discontinue it immediately.

I see that my local college does a C&G 2391 Inspection and Testing course at £87 plus £188 for the exam, the certificate presumably being adequate for the "competency" test.
Good luck. 2381 is a p-o-p, but 2391 is a great deal harder.

So if I understand correctly, the DIY enthusiast needs to successfully complete the 2391 course and exam if he is to issue his own certificate, or else pay someone else to do it
If I, and the ODPM, understand the law correctly then the DIY enthusiast needs to pay his LABC and they do all of the inspection and testing.

Sadly it's going to need a court case to resolve.
 
Pensdown said:
BAS,

Excuse my ignorance, who is the ODPM?,

It's a little department set up to keep John Prescott busy so he won't have time to make a nuisance of himself in the Party or sock anyone who assaults him.
 
Bas,

I'm not sure of your back ground but by reading your posts, you seem to a have a pretty good understanding of Part P so I have a question that you may be able to help with.

Where in the Part P document or anywhere else does it define the role of the LABC with respect to PP. Although some works are notifiable, when they are notified for DIY install, what is the defined role of the LABC?
 
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..
 
[code:1]SCHEDULE 1
REQUIREMENTS



Regulations 4 and 6

Requirement
Limits on application

PART A STRUCTURE


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) To inhibit the spread of fire within the building, it shall be
sub-divided with fire-resisting construction to an extent appropriate to
the size and intended use of the building. Requirement B3(3) does not
apply to material alterations to any prison provided under section 33 of
the Prison Act 1952.
(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.
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 en suite 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


There shall be adequate means of ventilation provided for people in
the building.
Requirement F1 does not apply to a building or space within a
building—

(a) into which people do not normally go; or

(b) which is used solely for storage; or

(c) which is a garage used solely in connection with a single
dwelling.

F2


. . .


. . .


PART G HYGIENE


Sanitary conveniences and washing facilities

G1


(1) Adequate sanitary conveniences shall be provided in rooms
provided for that purpose, or in bathrooms. Any such room or
bathroom shall be separated from places where food is prepared.


(2) Adequate washbasins shall be provided in—


(a) rooms containing water closets; or


(b) rooms or spaces adjacent to rooms containing water closets.


Any such room or space shall be separated from places where food is
prepared.


(3) There shall be a suitable installation for the provision of hot
and cold water to washbasins provided in accordance with paragraph
(2).


(4) Sanitary conveniences and washbasins to which this paragraph
applies shall be designed and installed so as to allow effective
cleaning.


Bathrooms


G2


A bathroom shall be provided containing either a fixed bath or
shower bath, and there shall be a suitable installation for the
provision of hot and cold water to the bath or shower bath.
Requirement G2 applies only to dwellings.

Hot water storage


G3


A hot water storage system that has a hot water storage vessel which does
not incorporate a vent pipe to the atmosphere shall be installed by a
person competent to do so, and there shall be precautions— Requirement G3
does not apply to—
(a) a hot water storage system that has a storage vessel with a
capacity of 15 litres or less;

(a) to prevent the temperature of stored water at any time exceeding
100°C; and
(b) a system providing space heating only;

(b) to ensure that the hot water discharged from safety devices is
safely conveyed to where it is visible but will not cause danger to
persons in or about the building.
(c) a system which heats or stores water for the purposes only of
an industrial process.

[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— 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.
(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.

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, 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. Requirement H3(2) applies only to paved areas—
(2) Paved areas around the building shall be so constructed as to be
adequately drained. [(a) which provide access to the building pursuant
to requirement M1 (access and use), or requirement M2 (access to
extensions to buildings other than 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.


(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—
Requirement H3(3) does not apply to the gathering of rainwater for reuse.

(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.

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. 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.

(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.
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 tosection 104 of the Water
Industry Act 1991).

Solid waste storage
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
theEnvironmental Protection Act 1990) or to a street (where no
collection point has been specified).]

[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.

Discharge of products of combustion
J2

Combustion appliances shall have adequate provision for the
discharge of products of combustion to the outside air.


Requirements J1, J2 and J3 apply only to fixed combustion appliances
(including incinerators).

Protection of building
J3
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.
Provision of information
J4
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
J5
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 J5 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
J6
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 J6 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.]
PART 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
Requirement K2(a) applies only to stairs and ramps which form part
of the building.

(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.


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—
Requirement K5 does not apply to—

(a) which slides or opens upwards, from falling onto any person; and

(a) dwellings, or

(b) which is powered, from trapping any person.
(b) any door or gate which is part of a lift.

(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.


[PART L CONSERVATION OF FUEL AND POWER

Dwellings
L1
Reasonable provision shall be made for the conservation of fuel and power
in dwellings by—
(a) limiting the heat loss:

(i) through the fabric of the building;

(ii) from hot water pipes and hot air ducts used for space
heating;

(iii) from hot water vessels;

(b) providing space heating and hot water systems which are
energy-efficient;


(c) providing lighting systems with appropriate lamps and sufficient
controls so that energy can be used efficiently;
(d) providing sufficient information with the heating and hot water
services so that building occupiers can operate and maintain the
services in such a manner as to use no more energy than is
reasonable in the circumstances.
The requirement for sufficient controls in paragraph L1(c) applies
only to external lighting systems fixed to the building.

Buildings other than dwellings

L2
Reasonable provision shall be made for the conservation of fuel and power
in buildings other than dwellings by—
(a) limiting the heat losses and gains through the fabric of the
building;

(b) limiting the heat loss:

(i) from hot water pipes and hot air ducts used for space
heating;

(ii) from hot water vessels and hot water service pipes;

(c) providing space heating and hot water systems which are
energy-efficient;

(d) limiting exposure to solar overheating;


(e) making provision where air conditioning and mechanical
ventilation systems are installed, so that no more energy needs to
be used than is reasonable in the circumstances;
Requirements L2(e) and (f) apply only within buildings and parts of
buildings where more than 200 m2 of floor area is to be served by air
conditioning or mechanical ventilation.
(f) limiting the heat gains by chilled water and refrigerant vessels
and pipes and air ducts that serve air conditioning systems;


(g) providing lighting systems which are energy-efficient;
Requirement L2(g) applies only within buildings and parts of
buildings where more than 100 m2 of floor area is to be served by
artificial lighting.

(h) providing sufficient information with the relevant services so
that the building can be operated and maintained in such a manner as
to use no more energy than is reasonable in the circumstances.]


[PART M ACCESS TO AND USE OF BUILDINGS

Access and use


M1 Reasonable provision shall be made for people to—
The requirements of this Part do not apply to—
(a) gain access to; and
(a) an extension of or material alteration of a dwelling; or
(b) use the building and its facilities.
(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.]
PART 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 equipped 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 any
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 surface are not
intended to be cleaned.
[PART P ELECTRICAL SAFETY
Design, installation, inspection and testing
P1 Reasonable provision shall be made in the design, installation,
inspection and testing of electrical installations in order to protect
persons 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—

Provision of information
P2 Sufficient information shall be provided so that persons wishing to
operate, maintain or alter an electrical installation can do so with
reasonable safety. (a) in 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; and

(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.]




NOTES

Initial Commencement

Specified date
Specified date: 1 January 2001: see reg 1.


Amendment Part A: in para A3 words omitted revoked by SI 2004/1465, reg
2(1), (6).
Date in force: 1 December 2004: see SI 2004/1465, reg 1(2); for
transitional provisions see reg 3 thereof.
Part B: substituted by SI 2002/2871, reg 2(1), (8), Sch 1.
Date in force: 1 March 2003: see SI 2002/2871, reg 1(a).
Part C: substituted by SI 2004/1465, reg 2(1), (7), Schedule.
Date in force: 1 December 2004: see SI 2004/1465, reg 1(2); for
transitional provisions see reg 3 thereof.
Part E: substituted by SI 2002/2871, reg 2(1), (9), Sch 2.
Date in force: 1 July 2003: see SI 2002/2871, reg 1(c); for transitional
provisions see reg 3 thereof.
Part F: para F2 revoked by SI 2004/1465, reg 2(1), (8).
Date in force: 1 December 2004: see SI 2004/1465, reg 1(2); for
transitional provisions see reg 3 thereof.
Part H: substituted by SI 2001/3335, reg 2(1), (12), Schedule.
Date in force: 1 April 2002: see SI 2001/3335, reg 1(1); for transitional
provisions see reg 4 thereof.
Part H: in H3 paras (a), (b) substituted by SI 2003/2692, reg 2(1), (6).
Date in force: 1 May 2004: see SI 2003/2692, reg 1(2); for transitional
provisions see reg 3 thereof.
Part J: substituted by SI 2001/3335, reg 2(1), (12), Schedule.
Date in force: 1 April 2002: see SI 2001/3335, reg 1(1); for transitional
provisions see reg 4 thereof.
Part L: substituted by SI 2001/3335, reg 2(1), (12), Schedule.
Date in force: 1 April 2002: see SI 2001/3335, reg 1(1); for transitional
provisions see reg 4 thereof.
Part M: substituted by SI 2003/2692, reg 2(1), (7), Sch 1.
Date in force: 1 May 2004: see SI 2003/2692, reg 1(2); for transitional
provisions see reg 3 thereof.
Part P: inserted by SI 2004/3210, reg 2(1), (9), Schedule, Pt 1.
Date in force: 31 December 2004: see SI 2004/3210, reg 1(1); for
transitional provisions see reg 3(1)–(4) thereof.



SCHEDULE 2
EXEMPT BUILDINGS AND WORK



Regulation 9


CLASS I

Buildings Controlled under other Legislation

1

Any building the construction of which is subject to the Explosives Acts 1875
and 1923.

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 theNuclear Installations Act 1965 is for the time being in force.

3

A building included in the schedule of monuments maintained under section 1 of
the Ancient Monuments and Archaeological Areas Act 1979.

CLASS II

Buildings not Frequented by People

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,


unless any point of such a building is less than one and a half times its height
from

(i) any point of a building into which people can or do normally go;
or

(ii) the nearest point of the boundary of the curtilage of that
building,


whichever is the nearer.

CLASS III

Greenhouses and agricultural buildings

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—

(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.

4

In paragraph 2, “agriculture” includes horticulture, fruit growing, the growing
of plants for seed and fish farming.

CLASS IV

Temporary buildings

A building which is not intended to remain where it is erected for more than 28
days.

CLASS V

Ancillary buildings

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.

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.

CLASS VI

Small detached buildings

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—

(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.

CLASS VII

Extensions

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 Part N of Schedule 1.

NOTES

Initial Commencement

Specified date
Specified date: 1 January 2001: see reg 1.



[SCHEDULE 2A
EXEMPTIONS FROM REQUIREMENT TO GIVE BUILDING NOTICE OR DEPOSIT FULL PLANS]


NOTES

Amendment Inserted by SI 2002/440, reg 2(1), (6), Schedule.
Date in force: 1 April 2002: see SI 2002/440, reg 1.



[Regulation 2(5)]


NOTES

Amendment Inserted by SI 2002/440, reg 2(1), (6), Schedule.
Date in force: 1 April 2002: see SI 2002/440, reg 1.

[Column 1 Column 2
Type of work Person carrying out work
Installation of a heat-producing gas appliance 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.
Installation of—
(a) an oil-fired combustion appliance which has a rated heat
output of 45 kilowatts or less and which is installed in a building
with no more than 3 storeys (excluding any basement);or

(b) oil storage tanks and the pipes connecting them to combustion
appliances
An individual registered under the Oil Firing Registration Scheme by the
Oil Firing Technical Association for the Petroleum Industry Ltd in respect
of that type of work.
Installation of a solid fuel burning combustion appliance which has a
rated heat output of 50 kilowatts or less and which is installed in a
building with no more than 3 storeys (excluding any basement) An
individual registered under the Registration Scheme for Companies and
Engineers involved in the Installation and Maintenance of Domestic Solid
Fuel Fired Equipment by HETAS Ltd in respect of that type of work.
. . . ...
Installation, as a replacement, of a window, rooflight, roof window or
door in an existing building A person registered under the Fenestration
Self-Assessment Scheme by Fensa Ltd in respect of that type of work.
[Installation of fixed low or extra-low voltage electrical installations.]
[A person registered by BRE Certification Limited, British Standards
Institution, ELECSA Limited, NICEIC Certification Services Ltd, or Zurich
Certification Limited in respect of that type of work.]
Any building work which is necessary to ensure that any appliance, service
or fitting which is installed and which is described in the preceding
entries in column 1 above, complies with the applicable requirements
contained in Schedule 1 The person who installs the appliance, service or
fitting to which the building work relates and who is described in the
corresponding entry in column 2 above.


[Interpretation and application

1

For the purposes of this Schedule—

“appliance” includes any fittings or services, other than a hot water
storage vessel which does not incorporate a vent pipe to the atmosphere,
which form part of the space heating or hot water system served by the
combustion appliance; and

“building work” does not include the provision of a masonry chimney.


2

The final entry in the table above does not apply to building work which is
necessary to ensure that a heat-producing gas appliance complies with the
applicable requirements contained in Schedule 1 unless the appliance—

(a) has a net rated heat input of 70 kilowatts or less; and


(b) is installed in a building with no more than 3 storeys (excluding
any basement).]


NOTES

Amendment In column 1 words “Installation of fixed low or extra-low
voltage electrical installations.” in square brackets inserted by SI
2004/3210, reg 2(1), (10).
Date in force: 31 December 2004: see SI 2004/3210, reg 1(1); for
transitional provisions see reg 3(6) thereof.
In column 2 words from “A person registered” to “type of work.” in square
brackets inserted by SI 2004/3210, reg 2(1), (10).
Date in force: 31 December 2004: see SI 2004/3210, reg 1(1); for
transitional provisions see reg 3(6) thereof.
In column 1 words from “Installation of fixed” to “the registered person.”
in square brackets inserted by SI 2004/3210, reg 2(1), (10).
Date in force: 31 December 2004: see SI 2004/3210, reg 1(1); for
transitional provisions see reg 3(6) thereof.
In column 2 words from “A person registered” to “of electrical work.” in
square brackets inserted by SI 2004/3210, reg 2(1), (10).
Date in force: 31 December 2004: see SI 2004/3210, reg 1(1); for
transitional provisions see reg 3(6) thereof.
Inserted by SI 2002/440, reg 2(1), (6), Schedule.
Date in force: 1 April 2002: see SI 2002/440, reg 1.
In column 1 words omitted revoked by SI 2003/2692, reg 2(1), (8)(a).
Date in force: 1 December 2003: see SI 2003/2692, reg 1(2); for
transitional provisions see reg 3 thereof.
In column 2 words omitted revoked by SI 2003/2692, reg 2(1), (8)(b).
Date in force: 1 December 2003: see SI 2003/2692, reg 1(2); for
transitional provisions see reg 3 thereof.



[SCHEDULE 2B
DESCRIPTIONS OF WORK WHERE NO BUILDING NOTICE OR DEPOSIT OF FULL PLANS REQUIRED]



NOTES

Amendment Inserted by SI 2004/3210, reg 2(1), (11), Schedule, Pt 2.
Date in force: 31 December 2004: see SI 2004/3210, reg 1(1).



[Regulation 12(5)]


NOTES

Amendment Inserted by SI 2004/3210, reg 2(1), (11), Schedule, Pt 2.
Date in force: 31 December 2004: see SI 2004/3210, reg 1(1).


[1

Work consisting of—

(a) replacing any socket-outlet, control switch or ceiling rose;


(b) replacing a damaged cable for a single circuit only;


(c) re-fixing or replacing enclosures of existing installation
components, where the circuit protective measures are unaffected;


(d) providing mechanical protection to an existing fixed installation,
where the circuit protective measures and current carrying capacity of
conductors are unaffected by the increased thermal insulation.


2

Work which—

(a) is not in a kitchen, or a special location,


(b) does not involve work on a special installation, and


(c) consists of—


(i) adding light fittings and switches to an existing circuit;

(ii) adding socket outlets and fused spurs to an existing ring or
radial circuit; or

(iii) installing or upgrading main or supplementary equipotential
bonding.


3

Work on—

(a) telephone wiring or extra-low voltage wiring for the purposes of
communications, information technology, signalling, control and similar
purposes, where the wiring is not in a special location;


(b) equipment associated with the wiring referred to in sub-paragraph
(a).


4

For the purposes of this Schedule—

“kitchen” means a room or part of a room which contains a sink and food
preparation facilities;

“special installation” means an electric floor or ceiling heating system,
a garden lighting or electric power installation, an electricity
generator, or an extra-low voltage lighting system which is not a
pre-assembled lighting set bearing the CE marking referred to in
regulation 9 of the Electrical Equipment (Safety) Regulations 1994; and

“special location” means a location within the limits of the relevant
zones specified for a bath, a shower, a swimming or paddling pool or a hot
air sauna in the Wiring Regulations, sixteenth edition, published by the
Institution of Electrical Engineers and the British Standards Institution
as BS 7671: 2001 and incorporating amendments 1 and 2.]


NOTES

Amendment Inserted by SI 2004/3210, reg 2(1), (11), Schedule, Pt 2.
Date in force: 31 December 2004: see SI 2004/3210, reg 1(1).



SCHEDULE 3
REVOCATION OF REGULATIONS



Regulation 24

Title Reference
The Building Regulations 1991 SI 1991/2768
The Building Regulations (Amendment) Regulations 1992 SI 1992/1180
The Building Regulations (Amendment) Regulations 1994 SI 1994/1850
The Building Regulations (Amendment) Regulations 1995 SI 1995/1356
The Building Regulations (Amendment) Regulations 1997 SI 1997/1904
The Building Regulations (Amendment) Regulations 1998 SI 1998/2561
The Building Regulations (Amendment) Regulations 1999 SI 1999/77
The Building Regulations (Amendment) (No 2) Regulations 1999 SI 1999/3410

The Building Regulations (Amendment) Regulations 2000 SI 2000/1554



NOTES

Initial Commencement

Specified date
Specified date: 1 January 2001: see reg 1.



EXPLANATORY NOTE



(This note is not part of the Regulations)


These Regulations are made under the Building Act 1984 (“the Act”). They revoke
and replace with amendments the Building Regulations 1991 (“the 1991
Regulations”) and consolidate all subsequent amendments to those Regulations.
They impose requirements on people carrying out certain building operations.

The Regulations for the most part carry forward the provisions of the 1991
Regulations, as successively amended, with minor alterations to clarify the
sense or to reflect changes in other legislation. The additional requirements
are those introduced by regulation 16 (see below).

Regulation 2 contains definitions used in these Regulations.

Control is imposed on “building work” as defined in regulation 3(1).
“Building work” includes work required by regulation 6 (requirements relating to
material change of use). “Material change of use” is defined in regulation 5.

Regulation 4 makes provision for building work to be carried out in
compliance with the applicable requirements in Schedule 1. Regulation 6 provides
that, where a material change of use is made, the building or the part in
question must meet the applicable requirements in Schedule 1.

Regulation 7 provides that any building work is to be carried out with
adequate and proper materials and in a workmanlike manner.

Regulation 8 provides that compliance with the requirements in Parts A to K
and N of Schedule 1 does not require anything to be done beyond what is
necessary to secure reasonable standards of health and safety.

Regulation 9 and Schedule 2 exempt from control the erection of, and work in
connection with, certain buildings and extensions.

Regulation 10 prescribes the Metropolitan Police Authority for the purposes
of section 5 of the Act, thereby making the Authority exempt from the procedural
requirements of these Regulations.

Regulation 11 empowers local authorities to dispense with or relax the
requirements of these Regulations.

Regulation 12 requires a person intending to carry out building work or make
a material change of use to give a building notice to, or deposit full plans
with, the local authority. There is an exception for gas appliances installed
by, or under the supervision of, persons approved under the Gas Safety
(Installation and Use) Regulations 1998. Full plans are required in two cases:
1) where the building is to be put to a “relevant use”, defined in regulation
12(1) as a use as a workplace of a kind to which Part II of the Fire Precautions
(Workplace) Regulations 1997 applies or a use designated under section 1 of the
Fire Precautions Act 1971; and 2) where the intention is to erect a building
fronting on to a private street. Under Regulation 20, a person who elects under
Part II of the Act for building work to be supervised by an approved inspector
is not required to give a building notice or deposit plans.

Regulation 13 specifies the plans and particulars to be given in or with a
building notice. Regulation 14 specifies the matters to be covered by full
plans, which are to be deposited in duplicate (with additional copies of plans
where Part B of Schedule 1 imposes a requirement).

Regulation 15 requires a person carrying out building work under local
authority supervision to notify them before work starts; and before and after
certain operations are carried out. Notice must also be given on the completion
of the work; and when the building or part of it is first occupied if this
occurs before completion.

Regulation 16 requires the calculation of an energy rating for a new dwelling
and notification of that rating to the local authority. Regulation 16 further
requires the posting in the dwelling of a notice of that rating, or, in certain
circumstances, the giving of a notice of that rating to the occupier of the
dwelling—these requirements are additional to those arising under the equivalent
provisions in the 1991 Regulations, as amended, ie those in regulation 14A,
introduced bySI 1994/1850.

Regulation 17 provides for the issue by the local authority, where they have
been requested to do so or where the building is to be put to a “relevant use”
as defined by regulation 12(1), of certificates of completion.

Regulations 18 and 19 provide for the local authority to test drains and
private sewers and to sample materials.

Regulation 20 disapplies certain regulations where work is supervised in
accordance with Part II of the Act and the Building (Approved Inspectors etc)
Regulations 2000.

Regulation 21 provides for the issue by the local authority of regularisation
certificates in relation to unauthorised building work.

Regulation 22 designates regulation 17 as a provision to which section 35 of
the Act does not apply; accordingly, contravention of regulation 17 is not an
offence.

Regulation 23 sets out the transitional provisions.

Regulation 24 revokes the Regulations specified in Schedule 3.

Schedule 1 is set out in tabular form and contains the functional
requirements that are to be complied with. The right-hand column indicates the
cases in which a particular requirement does not apply.

The Secretary of State is empowered by the Building Act 1984 to approve and
issue documents containing practical guidance with respect to the requirements
contained in these Regulations. It is intended that the Secretary of State will
re-approve the following publications, originally approved for the purposes of
the 1991 Regulations, for the purposes of these Regulations:

— Approved Document A – Structure: 1992 Edition, fourth impression (with
amendments) 1994

— Approved Document B – Fire safety: 2000 Edition

— Approved Document C – Site preparation and resistance to moisture: 1992
Edition, second impression (with amendments) 1992

— Approved Document D – Toxic Substances: amended 1992

— Approved Document E – Resistance to the passage of sound: 1992 Edition,
second impression (with amendments) 1992

— Approved Document F – Ventilation: 1995 Edition

— Approved Document G – Hygiene: 1992 Edition, second impression (with
amendments) 1992

— Approved Document H – Drainage and Waste Disposal: amended 1992

— Approved Document J – Heat Producing Appliances: amended 1992

— Approved Document K – Protection from falling, collision and impact:
1998 Edition

— Approved Document L – Conservation of fuel and power: 1995 Edition

— Approved Document M – Access and facilities for disabled people: 1999
Edition

— Approved Document N – Glazing—safety in relation to impact, opening and
cleaning: 1998 Edition

— Approved Document to support regulation 7 – materials and workmanship:
1999 Edition


Copies of these Approved Documents are available from The Stationery Office.

The intention is that these approvals will be subject to amendments to be
contained in a forthcoming publication “Amendments 2000 to the Approved
Documents” that will be available from The Stationery Office.[/code:1]
 

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