Citation and commencement

1. —(1) These Regulations may be cited as the Building (Amendment) Regulations 2003.

(2) This regulation, and regulations 2(1) and (8) and 3(5), shall come into force on 1st December 2003, and the remainder of these Regulations on 1st May 2004.

Amendment of the Building Regulations 2000

2. —(1)The Building Regulations 2000( 2 ) (“the principal Regulations”) are amended as follows.

(2) In regulation 2 (interpretation) in paragraph (1), insert at the appropriate place—

“ “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; ” .

(3) In regulation 3 (meaning of building work), in paragraph (3) for the words “Part M (access and facilities for disabled people)” substitute “Part M (access to and use of buildings)”.

(4) In regulation 5 (meaning of material change of use)—

(a) in paragraph (h) omit “or”;

(b) after paragraph (i) add—

“ or

(j) the building is used as a shop, where previously it was not. ” .

(5) In regulation 6 (requirements relating to material change of use)—

(a) after paragraph (1)(f) add—

“ (g) in the case of a material change of use described in regulation 5(c), (d), (e) or (j), M1 (access and use). ” ;

(b) in paragraph (2)(b) omit “and”;

(c) after paragraph (c) add—

“ 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. ” .

(6) In Schedule 1, in the entry for requirement H3 (rainwater drainage) in the second column (limits on application), for paragraphs (a) and (b) substitute—

“ (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 ” .

(7) For Part M of Schedule 1 (access and facilities for disabled people) substitute the Part set out in the Schedule to these Regulations.

(8) In Schedule 2A—

(a) in column 1, omit the words from

• “ Installation of—

  (a)

  a service or fitting in relation to which Part G ” ,

• to “at a depth greater than 750mm from the surface”; and

(b) in column 2, omit the words “An individual registered under the Approved Contractor Person Scheme (Building Regulations) by the Institute of Plumbing in respect of that type of work”.

Transitional provisions

3. —(1) Subject to paragraph (2), where before 1st May 2004 building work is commenced in accordance with—

(a) a building notice given to, or full plans deposited with, a local authority under regulation 12(2) of the principal Regulations and a notice given to the local authority under regulation 15(1) of the principal Regulations; or

(b) an initial notice or an amendment notice given in accordance with section 47(1) or 51A(2)( 3 ) respectively of the Building Act 1984 (“the Act”),

the principal Regulations shall continue to apply to that building work as if the amendments made by regulation 2(2) to (7) had not been made.

(2) Where an initial notice given before 1st May 2004 is varied by an amendment notice given on or after that date, the principal Regulations shall continue to apply as if the amendments made by regulation 2(2) to (7) 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.

(3) Where before 1st May 2004 full plans of building work have been deposited with a local authority in accordance with regulation 12(2) of the principal Regulations and the local authority has, before that date—

(a) given notice under section 16(6) of the Act that they have passed those plans without conditions; or

(b) signified in writing to the person by whom or on whose behalf the plans were deposited that any condition subject to which they passed the plans has been fully met,

the principal Regulations shall continue to apply to that building work as if the amendments made by regulation 2(2) to (7) had not been made, whether or not the building work departs from those plans.

(4) Where plans of work are the subject of a plans certificate, or a plans certificate combined with an initial notice, given to a local authority before 1st May 2004 in accordance with section 50 of the Act, and accepted by the local authority either before, on or after that date, the principal Regulations shall continue to apply to that building work as if the amendments made by regulation 2(2) to (7) had not been made, whether or not the building work departs from those plans.

(5) Where building work is commenced before 1st December 2003 which would have fallen within the fourth entry in Schedule 2A of the principal Regulations (the entry omitted by regulation 2(8)), the principal Regulations shall continue to apply to that building work as if the amendments made by these Regulations had not been made.

Regulation 2(7)

SCHEDULE 1 PART M OF SCHEDULE 1 TO THE BUILDING REGULATIONS 2000, AS SUBSTITUTED BY THESE REGULATIONS