PART 1 General

Citation and commencement

1. These Regulations may be cited as the Building Regulations 2010 and shall come into force on 1st October 2010.

Interpretation

2.—(1) In these Regulations, unless the context otherwise requires—

“ the Act ” means the Building Act 1984 ;

[^F1 “ Green Deal Framework Regulations ” means the Green Deal Framework (Disclosure, Acknowledgment, Redress etc. ) Regulations 2012; ^F1]

^M4 “ amendment notice ” means a notice given under section 51A of the Act ;

[^F2 “ application for building control approval with full plans ” means an application for building control approval in accordance with regulations 12(2)(b) and 14;

“ application for a completion certificate ” in relation to a higher-risk building work, has the same meaning as “completion certificate application” in regulation 2 of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 ; ^F2]

[^F3 “ 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; ^F3]

[^F3 “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);

[^F2 “ business ” means a trade, business or other undertaking (whether for profit or not); ^F2]

“ change to a building's energy status ” means any change which results in a building becoming a building to which the energy efficiency requirements of these Regulations apply, where previously it was not;

[^F2 “ client ” means any person for whom a project is carried out;

“ construction phase ” means the period beginning when any building work on a project starts and ending when that project is completed;

“ contractor ” means any person (including a client, but not a domestic client) who, in the course of a business, carries out, manages or controls any building work; ^F2]

“ 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;

[^F2 “ design work ” means design of any building work;

“ designer ” means any person (including a client, contractor or other person referred to in Part 2A of these Regulations) who in the course of a business—

“ domestic client ” means a client for whom a project is being carried out which is not in the course or furtherance of a business of that client; ^F2]

“ 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;

^F10,F11 “ energy efficiency requirements ” means the requirements of regulations 23, ^F4[^F5 25A, 25B ^F5] 26, ^F6[^F7 26A, 26B, ^F7][^F8 26A ^F8][^F9 , 26C ^F9] , 28 ... [^F12 , 40 and 43 ^F12][^F13 40 and 40A, ^F13] and Part L of Schedule 1;

^F14,F15...

^F16[^F17 “excepted energy building” has the meaning given in the Schedule to The Welsh Ministers (Transfer of Functions) ( No. 2) Order 2009 ^F17]

“ extra-low voltage ” means voltage not exceeding—

^M5 “ final certificate ” means a certificate given under section 51 of the Act ;

^F18[^F19 “fixed building services” means any part of, or any controls associated with—

“ 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;

[^F20 “ full plans ” means plans deposited with a local authority for the purposes of section 16 of the Act ^M6 in accordance with regulations 12(2)(b) and 14; ^F20]

[^F21 “green deal disclosure obligations” means the obligations to provide an energy performance certificate in section 12 of the Energy Act 2011 and Part 7 of the Green Deal Framework Regulations ;

“green deal property” has the meaning given in section 12(5)(b) of the Energy Act 2011 ; ^F21]

“ 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;

^M7 “ 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—

where such persons sleep on the premises;

“ low voltage ” means voltage not exceeding—

“ material alteration ” has the meaning given in regulation 3(2);

“ material change of use ” has the meaning given in regulation 5;

^M8 “ microgeneration ” means the use for the generation of electricity or the production of heat or cooling of any plant (which for this purpose includes any equipment, apparatus or appliance) which, in generating electricity or (as the case may be) producing heat or cooling, relies wholly or mainly on a source of energy or a technology mentioned in section 26(2) of the Climate Change and Sustainable Energy Act 2006 ;

^F16[^F23 “new dwelling” includes, except in Parts 6 and 7, a dwelling that is formed by a material change of use of a building within the meaning of regulation 5(a), (b) or (g);

“optional requirement” means an optional requirement as described in regulation 4(1A)(b) or in regulation 36(2)(b); ^F23]

[^F24 “payment period” has the meaning given in regulation 2(1) of the Green Deal Framework Regulations ; ^F24]

^F16[^F25 “planning permission” has the meaning given in section 336(1) (interpretation) of the Town and Country Planning Act 1990 ; ^F25]

[^F2 “ principal contractor ” means the contractor appointed under regulation 11D (principal designer and principal contractor) to perform the duties of a principal contractor under these Regulations;

“ principal designer ” means the designer appointed under regulation 11D (principal designer and principal contractor) to perform the duties of a principal designer under these Regulations;

“ project ” means a project which includes or is intended to include any building work and includes all planning work, design work, management or other work involved in a project until the end of the construction phase; ^F2]

“ 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;

[^F2 “ recipient ”, in relation to a compliance notice or a stop notice, means the person to whom the notice will be or has been given;

“ relevant authority ” means—

“ relevant day ” means any day excluding Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971 ; ^F2]

“ renovation ” in relation to a thermal element means the provision of a new layer in the thermal element[^F26 (other than where that new layer is provided solely as a means of repair to a flat roof) ^F26] or the replacement of an existing layer, but excludes decorative finishes, and “ renovate ” shall be construed accordingly;

“ 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, but does not include a room in a hospital, or other similar establishment, used for patient accommodation;

“ shop ” includes premises—

^M9 “ softened wholesome water ” means water which would be regarded as wholesome for the purposes of regulations made under section 67 of the Water Industry Act 1991 (standards of wholesomeness) as they apply for the purposes of Part G of Schedule 1 in accordance with paragraph (5) but for the presence of sodium in excess of the level specified in those regulations if it is caused by a water softener or water softening process which reduces the concentrations of calcium and magnesium [^F27 ;

[^F2 “ sole contractor ” means a person fulfilling the duties of the principal contractor by virtue of regulation 11D(6);

“ sole or lead designer ” means a person fulfilling the duties of the principal designer by virtue of regulation 11D(7); ^F2]

“ system for on-site electricity generation ” means a system that produces electricity and has a direct electrical connection to the building in question ^F27] .

(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)^M10a 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) In these Regulations “ thermal element ” means a wall, floor or roof (but does not include windows, doors, roof windows or roof-lights) which separates a thermally conditioned part of the building (“the conditioned space”) from—

(a)the external environment (including the ground); or

(b)in the case of floors and walls, another part of the building which is—

(i)unconditioned;

(ii)an extension falling within class 7 of Schedule 2; or

(iii)where this paragraph applies, conditioned to a different temperature,

and includes all parts of the element between the surface bounding the conditioned space and the external environment or other part of the building as the case may be.

(4) Paragraph (3)(b)(iii) only applies to a building which is not a dwelling, where the other part of the building is used for a purpose which is not similar or identical to the purpose for which the conditioned space is used.

(5) Section 67 of the Water Industry Act 1991 and such regulations as have been made under that section apply for the purposes of Part G of Schedule 1 as they apply for the purposes of Chapter 3 of Part 3 of that Act.

^F28[^F29 (6) In these Regulations—

(a) any reference to an “external wall” of a building includes a reference to—

(i)anything located within any space forming part of the wall;

(ii)any decoration or other finish applied to any external (but not internal) surface forming part of the wall;

(iii)any windows and doors in the wall; and

(iv)any part of a roof pitched at an angle of more than 70 degrees to the horizontal if that part of the roof adjoins a space within the building to which persons have access, but not access only for the purpose of carrying out repairs or maintenance; [^F30 and^F30]

[^F31 (b) “specified attachment” means—

(i)a balcony attached to an external wall; or

(ii)a solar panel attached to an external wall.^F31]

[^F31 (b) “ reaction to fire classification ” means BS EN 13501-1:2018 entitled “Fire classification of construction products and building elements. Classification using data from reaction to fire tests.” published by the British Standards Institution in 2019;

(c) “ relevant metal composite material ” means any panel or sheet, having a thickness of no more than 10mm, which is comprised of a number of layers—

(i)two or more of which are made of metal, alloy or metal compound; and

(ii) one or more of which is substantial and is made of a material having a gross calorific value of more than 35 MJ/kg when tested in accordance with BS EN ISO 1716:2018 entitled “Reaction to fire tests for products – Determination of the gross heat of combustion (calorific value)” published by the British Standards Institution in 2018;

and for these purposes a substantial layer is one which is at least 1mm thick or has a mass per unit area of at least 1kg per m²;

(d) “ specified attachment ” means—

(i)a balcony attached to an external wall;

(ii)a solar shading device (excluding a solar shading device attached to the wall at a height of no more than 4.5 metres above ground level); or

(iii)a solar panel attached to an external wall; and

(e) “ solar shading device ” means a device attached to the external surface of an external wall for reducing heat gain within a building by shading or deflecting sunlight. ^F31,F29]]

[^F32Application

2A. Subject to regulation 2B, these Regulations apply to all buildings in England including higher-risk buildings.

Disapplication of certain procedural requirements of the Building Regulations 2010 in relation to higher-risk building work

2B. The following regulations do not apply to higher-risk building work—

(a)regulation 12 (giving of a building notice or an application for building control approval);

(b)regulation 13 (particulars and plans where a building notice is given);

(c)regulation 14 (applications for building control approval with full plans);

(d)regulations 14A (determination of applications for building control approval with full plans);

(e)regulation 14B (appeal against a local authority’s rejection of an application for building control approval);

(f)regulation 14C (appeal against the regulator’s rejection of an application for building control approval for work that is not higher-risk building work);

(g)regulation 15 (consultation with sewerage undertaker);

(h)regulation 15A (consultation in relation to fire safety);

(i)regulation 16 (notices in relation to building work);

(j)regulation 17 (completion certificates);

(k)regulation 17A (certificate for building occupied before work is completed);

(l)regulation 18 (unauthorised building work);

(m)regulation 18A (appeal against local authority’s refusal to grant certain certificates);

(n)regulation 18B (appeal to regulator in relation to certain decisions);

(o)regulation 19 (supervision of building work otherwise than by local authorities);

(p)regulation 38 (fire safety information);

(q)regulation 39 (information about ventilation);

(r)regulation 40 (information about use of fuel and power);

(s)regulation 40A (information about systems for on-site generation of electricity);

(t)regulation 40B (information about overheating).^F32]

PART 2 Control of Building Work

Meaning of building work

3. —(1) In these Regulations “ building work ” means—

(a)the erection or extension of a building;

(b)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;

(g)work required by regulation 22 (requirements relating to a change of energy status);

(h)work required by regulation 23 (requirements relating to thermal elements);

(i)work required by regulation 28 (consequential improvements to energy performance).

(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).

• [^F33 Part T (Toilet Accommodation)^F33]

Requirements relating to building work

4.—(1) Subject to paragraph (2) 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 ^F34[^F35, except as may be provided for in paragraphs (1C) and (1D)^F35] .

^F36[^F37 (1A) The applicable requirements contained in Schedule 1 are—

(a)the applicable requirements contained in Schedule 1 that apply in all cases, subject to paragraph (1C); and

(b)any applicable requirement contained in Schedule 1, and described in the first column of that Schedule as an optional requirement, that applies in relation to the building work in question by virtue of paragraphs (1B), (1C) and (1D).

(1B) An optional requirement as described in paragraph (1A)(b) shall apply to building work in any case where the planning permission under which the building work is carried out—

(a)specifies that optional requirement by reference to these Regulations; and

(b)makes it a condition that the requirement must be complied with.

(1C) An optional requirement shall apply in substitution for a requirement of Schedule 1 to the extent that the terms of the optional requirement in the second column of Schedule 1 so provide.

(1D) An optional requirement shall apply, and another optional requirement shall not apply, to the extent that the terms of the first-mentioned optional requirement in the second column of Schedule 1 so provide.^F37]

(2) Where—

(a)building work is of a kind described in regulation 3(1)(g), (h) or (i); and

(b)the carrying out of that work does not constitute a material alteration,

that work need only comply with the applicable requirements of Part L of Schedule 1 ^F38[^F39(in addition to the requirements of regulation 7)^F39] .

(3) 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.

^F40[^F41 (4) This paragraph applies in relation to a building where—

(a) building work is undertaken in respect of that building (“relevant work”); and

(b)Part L of Schedule 1 imposes a requirement in respect of the relevant work.

(5) Notwithstanding paragraph (3), upon completion of the relevant work, any building to which paragraph (4) applies must—

(a)comply with Part F of Schedule 1; or

(b)where the building did not comply with Part F of Schedule 1 before the relevant work was begun, be no more unsatisfactory in relation to it than before the work was begun.^F41]

Meaning of material change of use

5. For [^F42the purposes of paragraph 8(1)(e) of Schedule 1 to the Act and for^F42] 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 1 to 6 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)^F43,F44the building, which contains at least one room for residential purposes, contains a greater or lesser number of such rooms than it did previously; ...

(j)the building is used as a shop, where previously it was not ^F45[^F46; or

(k)the building is a building described in regulation 7(4)(a), where previously it was not^F46] .

Requirements relating to material change of use _E1

6.—(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)

(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 [^F50eleven^F50] metres in height, B4(1) (external fire spread—walls);

(d)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);

(e)in the case of a material change of use described in regulation 5(a), C2 (resistance to moisture);

(f)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);

(g)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);

(h)in the case of a material change of use described in regulation 5(a) or (b), G2 (water efficiency) and G3(4) (hot water supply and systems: hot water supply to fixed baths);

(i)in the case of a material change of use described in regulation 5(c), (d), (e) or (j), [^F51M1 (access to and use of buildings other than dwellings)^F51] ;

[^F52 (j)in the case of a material change of use described in regulation 5(a), (b) or (g), Q1 (security)^F52] .

(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), (e), (f), (g) or (h) of paragraph (1) apply, that part complies with the requirements referred to in the relevant sub-paragraph;

(c)^F53in a case to which sub-paragraph (c) of paragraph (1) applies, the whole building complies with the requirement referred to in that sub-paragraph; ...

(d)in a case to which sub-paragraph (i) 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;

[^F54 (e)in a case to which subparagraph (j) applies in respect of a material change of use described in regulation 5(b) or (g), that part complies with the requirement referred to in that subparagraph^F54] .

[^F55 (3) Subject to paragraph (4), where there is a material change of use described in regulation 5(k), such work, if any, shall be carried out as is necessary to ensure that any external wall, or specified attachment, of the building only contains materials of European Classification A2-s1, d0 or A1 (classified in accordance with the reaction to fire classification).^F55]

[^F56 (4) Paragraph (3) does not apply to the items listed in regulation 7(3).^F56]

Requirements relating to material change of use _E28

6.—(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)

(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);

(d)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);

(e)in the case of a material change of use described in regulation 5(a), C2 (resistance to moisture);

(f)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);

(g)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);

(h)in the case of a material change of use described in regulation 5(a) or (b), G2 (water efficiency) and G3(4) (hot water supply and systems: hot water supply to fixed baths);

(i)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), (e), (f), (g) or (h) 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 (i) 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;

[^F517 (3) Subject to paragraph (4), where there is a material change of use described in regulation 5(k), such work, if any, must be carried out as is necessary to ensure that any external wall, or specified attachment, of the building only contains materials of a minimum European Classification A2-s1, d0 or A1, classified in accordance with BS EN 13501-1:2018 entitled “Fire classification of construction products and building elements. Classification using test data from reaction to fire tests” (ISBN 978 0 580 95726 0) published by the British Standards Institution on 14th January 2019.

(4) Paragraph (3) does not apply to the items listed in regulation 7(3).^F517]

Materials and workmanship _E2

7.[^F57—(1)^F57] 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.

[^F58 (1A) Building work shall be carried out so that relevant metal composite material does not become part of an external wall, or specified attachment, of any building.^F58]

[[^F59,F60 (2) Subject to paragraph (3), building work shall be carried out so that materials which become part of an external wall, or specified attachment, of a relevant building are of European Classification A2-s1, d0 or A1 (classified in accordance with the reaction to fire classification).^F60]

(3) Paragraph (2) does not apply to—

(a)cavity trays when used between two leaves of masonry;

(b)any part of a roof (other than any part of a roof which falls within paragraph (iv) of regulation 2(6)) if that part is connected to an external wall;

(c)door frames and doors;

(d)electrical installations;

[^F61 (da)fibre optic cables;^F61]

(e)insulation and water proofing materials used below ground level [^F62 or up to 300mm above that level^F62] ;

(f)intumescent and fire stopping materials where the inclusion of the materials is necessary to meet the requirements of Part B of Schedule 1;

(g)membranes;

(h)seals, gaskets, fixings, sealants and backer rods;

[^F63 (ha)components associated with a solar shading device excluding components whose primary function is to provide shade or deflect sunlight such as the awning curtain or slats;^F63]

(i)thermal break materials where the inclusion of the materials is necessary to meet the thermal bridging requirements of Part L of Schedule 1; ^F64...

(j)window frames and glass [^F65 ; or

(k)materials which form the top horizontal floor layer of a balcony which are of European Classification [^F66 A1fl or A2fl-s1^F66] (classified in accordance with the reaction to fire classification) provided that the entire layer has an imperforate substrate under it.^F65]

(4) In this regulation—

(a) a “relevant building” means a building with a storey (not including roof-top plant areas or any storey consisting exclusively of plant rooms) at least 18 metres above ground level and which—

(i)contains one or more dwellings;

(ii)contains an institution; or

(iii)contains a room for residential purposes ^F67...; and

(b) “above ground level” in relation to a storey means above ground level when measured from the lowest ground level adjoining the outside of a building to the top of the floor surface of the storey. ^F59]

Materials and workmanship _E29

7.[^F518—(1)^F518] 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.

[^F519 (2) Subject to paragraph (3), building work must be carried out so that materials which become part of an external wall, or specified attachment, of a relevant building are of a minimum European Classification A2-s1, d0 or A1, classified in accordance with BS EN 13501-1:2018 entitled “Fire classification of construction products and building elements. Classification using test data from reaction to fire tests” (ISBN 978 0 580 95726 0) published by the British Standards Institution on 14^th January 2019.

(3) Paragraph (2) does not apply to—

(a)cavity trays when used between two leaves of masonry;

(b)any part of a roof (other than any part of a roof which falls within paragraph (iv) of regulation 2(6)) if that part is connected to an external wall;

(c)door frames and doors;

(d)electrical installations;

(e)insulation and water proofing materials used below ground level;

(f)intumescent and fire stopping materials where the inclusion of the materials is necessary to meet the requirements of Part B of Schedule 1;

(g)membranes;

(h)seals, gaskets, fixings, sealants and backer rods;

(i)thermal break materials where the inclusion of the materials is necessary to meet the thermal bridging requirements of Part L of Schedule 1; or

(j)window frames and glass.

(4) In this regulation—

(a) a “relevant building” means a building with a storey (not including roof-top plant areas or any storey consisting exclusively of plant rooms) at least 18 metres above ground level and which—

(i)contains one or more dwellings;

(ii)contains an institution; or

(iii)contains a room for residential purposes (excluding any room in a hostel, hotel or boarding house);

(b) “above ground level” in relation to a storey means above ground level when measured from the lowest ground level adjoining the outside of a building to the top of the floor surface of the storey. ^F519]

Limitation on requirements

8. Parts A to D, F to K, ^F68[^F69, N^F69] and P (except for paragraphs G2, H2 and J7) 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).

Exempt buildings and work

9.—(1) Subject to paragraphs (2) ^F70[^F71, (3) and (4)^F71] and regulation 21(1), 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 paragraphs G1 and G3(2) and (3) of Schedule 1 apply—

(a)to any greenhouse which receives a cold or hot water supply from a source shared with or located inside a dwelling; and

(b)to—

(i)any small detached building falling within class 6 in Schedule 2; and

(ii)any extension of a building falling within class 7 in Schedule 2,

which in either case receives a cold or hot water supply from a source shared with or located inside any building other than a building or extension of a kind described in Schedule 2.

(3) The requirements of Part P of Schedule 1 apply to—

(a)any greenhouse ^F72[^F73used for domestic purposes ^F73] ;

(b)any small detached building falling within class 6 in Schedule 2; and

(c)any extension of a building falling within class 7 in Schedule 2,

which in any case receives its electricity from a source shared with or located inside a dwelling.

^F74[^F75 (4) The requirements of paragraph R1 of Schedule 1 apply to buildings controlled under other legislation falling within class 1 in Schedule 2.^F75]

[^F76 (4) The requirements of paragraph R1 of Schedule 1 apply to buildings falling within paragraphs 1 and 2 of Class 1 (buildings controlled under other legislation) in Schedule 2.^F76]

Exemption of the [^F77Mayor’s Office for Policing and Crime^F77] from procedural requirements

10.—(1) The [^F77Mayor’s Office for Policing and Crime^F77] 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).

[^F78 (2) The Mayor’s Office for Policing and Crime is exempt from compliance with these Regulations in so far as the requirements in these Regulations are not substantive requirements in relation to building work that is not higher-risk building work.^F78]

Power to dispense with or relax requirements

11.—(1) Subject to paragraph (3), 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 [^F79local authority^F79][^F79 building control authority^F79] to an applicant that they have refused the applicant's 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).

^F80[^F81 (3) Sub-sections (1) to (5) of section 8 of the Act (relaxation of building regulations) do not apply to regulations 23(1)(a), 25A, 25B, ^F82[^F83 and^F83] 26 ^F84,F85... ^F86[^F87 and paragraph R1 [^F88 (in-building physical infrastructure for high-speed electronic communications networks)^F88] of Schedule 1^F87] .^F81]

[^F89PART 2A Dutyholders and competence

CHAPTER 1 Client

Suitable arrangements to ensure compliance with requirements etc

11A.—(1) A client must make suitable arrangements for planning, managing and monitoring a project (including allocation of sufficient time and other resources) so as to ensure compliance with all relevant requirements.

(2) Arrangements under paragraph (1) are suitable if—

(a)they ensure that the design work is carried out so that the building work to which the design relates, if built, would be in compliance with all relevant requirements;

(b)they ensure the building work is carried out in accordance with all relevant requirements;

(c)they enable the designers and contractors to cooperate with each other to ensure compliance with all relevant requirements; and

(d)they provide for periodic review of the building work (and the design work) included or to be included in the project so as to identify whether it is higher-risk building work.

(3) A client must ensure that the arrangements under paragraph (1) are maintained and reviewed throughout the project.

(4) A client must provide building information as soon as is practicable to every designer and contractor on the project.

(5) A client must cooperate with any other person working on or in relation to a project to the extent necessary to enable any person with a duty or function under these Regulations to fulfil that duty or function.

(6) Where there is more than one client in relation to a project—

(a)the clients may agree in writing which of them is to be treated for the purposes of these Regulations as the client;

(b)except for the duties specified in sub-paragraph (c), only the person who agreed to be treated as the client under sub-paragraph (a) is subject to the duties owed by a client under these Regulations;

(c)the duties in the following provisions are owed by all clients—

(i)paragraph (4) to the extent that those duties relate to information in the possession of the client or which is reasonably obtainable by or on behalf of the client;

(ii)paragraph (5); and

(iii)regulation 11B (arrangements as to information: higher-risk building work).

Arrangements as to information: higher-risk building work

11B.—(1) A client must make suitable arrangements to ensure information is provided to the designers and contractors working on a project which includes any higher-risk building work to make them aware that the project includes higher-risk building work and the nature of the higher-risk building work.

(2) Paragraph (1) includes a duty to periodically review the building work (and the design work) included or to be included in the project so as to identify whether it is higher-risk building work and to ensure information is provided under paragraph (1) where the work becomes higher-risk building work.

Domestic clients

11C.—(1) Where the client is a domestic client the duties in regulations 11A(1) to (3) and 11E(2) to (5) must be carried out by—

(a)where there is only one contractor for a project, the contractor;

(b)where there is more than one contractor for a project—

(i)the principal contractor; or

(ii)the principal designer where the client and the principal designer agree in writing the principal designer is to fulfil those duties.

(2) If a domestic client fails to make the appointments required by regulation 11D (principal designer and principal contractor)—

(a)the designer in control of the design phase of the project is the principal designer;

(b)the contractor in control of the construction phase of the project is the principal contractor.

(3) Regulation 11D(5) does not apply to a domestic client.

CHAPTER 2

Appointment of principal designer and principal contractor etc

Principal designer and principal contractor

11D.—(1) Where there is more than one contractor, or it is reasonably foreseeable that more than one contractor will be working on a project, the client must appoint in writing—

(a)a designer with control over the design work as the principal designer for the purposes of these Regulations, and

(b)a contractor with control over the building work as the principal contractor for the purposes of these Regulations.

(2) A client is treated as complying with the requirement in paragraph (1) if, instead of appointing a person for the purposes of these Regulations, they certify, in writing, that the person who is the CDM principal designer, or, as the case may be, the CDM principal contractor, is treated as appointed as the principal designer or, as the case may be, the principal contractor, for the purposes of these Regulations.

(3) The appointments under this regulation must be made—

(a)in relation to a project which includes higher-risk building work for which an application for building control approval must be submitted to the regulator, before that application is submitted;

(b)in relation to any other project, before the construction phase begins.

(4) Where the appointment of a principal designer or the principal contractor ends before the end of the project, as soon as reasonably practicable the client must appoint a new principal designer or new principal contractor, as the case may be, under this regulation.

(5) Where the client fails to appoint a principal designer (or a replacement principal designer) or, as the case may be, a principal contractor (or a replacement principal contractor), the client must fulfil the duties of the principal designer or the principal contractor, as the case may be, under these Regulations until they appoint another person to that role.

(6) Where there is only one contractor working on a project that contractor is to be treated as appointed as the principal contractor and must fulfil the duties of the principal contractor set out in these Regulations.

(7) Where paragraph (6) applies and—

(a)there is only one designer, or it is reasonably foreseeable that there will be only one designer working on a project, that designer must fulfil the duties of the principal designer set out in these Regulations; or

(b)there is more than one designer or it is reasonably foreseeable that there will be more than one designer working on a project at any time—

(i) the designers must agree in writing which designer is to fulfil the duties of the principal designer set out in these Regulations (“the lead designer”);

(ii)the lead designer must give a copy of the agreement to the client.

(8) In relation to higher-risk building work, on appointing a principal designer, for each appointment the client must keep a record, in writing, of the steps it took under paragraph (2) to (4) of regulation 11E (considerations before a person carries out work).

(9) In relation to higher-risk building work, on appointing a principal contractor, for each appointment the client must keep a record, in writing, of the steps it took under paragraphs (2), (3) and (5) of regulation 11E (considerations before a person carries out work).

(10) In relation to higher-risk building work, on appointing any other person, the person making the appointment must give to the client (and the client must keep) a record, in writing, of the steps the person making the appointment took under regulation 11E(2) (considerations before a person carries out work).

Considerations before a person carries out work

11E.—(1) This regulation applies where a person (P) is proposing to use any person (A) to carry out any building work or design work.

(2) Before permitting A to carry out any work—

(a)P must take all reasonable steps to satisfy themself that A—

(i)fulfils the requirements in regulation 11F(1) and (2) (competence: general requirement), or

(ii)is an individual who is in training to fulfil the requirements in regulation 11F(1) and (2) and arrangements have been put in place to supervise A, and

(b)where the work relates to a higher-risk building, P must—

(i)ask A whether a serious sanction has occurred, in relation to them, within the 5 years ending on the date of the appointment; and

(ii)consider any information available to P relating to any misconduct of A (including any serious sanction).

(3) Before permitting A to undertake any work, P must additionally take all reasonable steps to satisfy themselves that A is able to fulfil the duties of regulation 11J (general duty to plan, manage and monitor).

(4) Where A is to be appointed as the principal designer, the client must take all reasonable steps to satisfy themselves that A fulfils the requirements in regulations 11F(1) and (2) (competence: general requirement) and 11G(1) (competence: principal designer) in relation to the design work.

(5) Where A is to be appointed as the principal contractor, the client must take all reasonable steps to satisfy themselves that A fulfils the requirements in regulations 11F(1) and (2) (competence: general requirement) and 11H(1) (competence: principal contractor) in relation to the building work.

(6) Any request to undertake any building work or any design work must not be accepted by A if A does not satisfy the requirements in regulation 11F(1) and (2) (competence: general requirement) at the time of the appointment (except where those requirements do not apply to A by virtue of regulation 11F(3)).

(7) A must not act—

(a)as the principal designer in relation to any design work if A does not satisfy the requirements in regulations 11F(1) and (2) (competence: general requirement) and 11G(1) (competence: principal designer) at the time of the appointment as the principal designer;

(b)as the principal contractor in relation to any building work if A does not satisfy the requirements in regulations 11F(1) and (2) (competence: general requirement) and 11H(1) (competence: principal contractor) at the time of the appointment as the principal contractor.

(8) In this regulation “ serious sanction ” means—

(a)the issue to A of a compliance notice which referred to contravention or likely contravention of a requirement of Part A (structure) or Part B (fire safety) of Schedule 1;

(b)the issue to A of a stop notice;

(c)the conviction of A for any offence under—

(i)the Act;

(ii)the Health and Safety at Work etc. Act 1974;

(iii)the Building Safety Act 2022;

(iv)the Regulatory Reform (Fire Safety) Order 2005;

(d)a report published by an inquiry under the Inquiries Act 2005 finds that A’s action or inaction resulted in one or more deaths or was likely to have been a contravention of any requirement of—

(i)the Act;

(ii)Part A (structure) or Part B (fire safety) of Schedule 1;

(iii)the Health and Safety at Work etc. Act 1974;

(iv)the Building Safety Act 2022;

(v)the Regulatory Reform (Fire Safety) Order 2005.

CHAPTER 3

Competence

Competence: general requirement

11F.—(1) Any person carrying out any building work or any design work must have—

(a)where the person is an individual, the skills, knowledge, experience and behaviours necessary,

(b)where the person is not an individual, the organisational capability,

to carry out—

(i)the building work in accordance with all relevant requirements;

(ii)the design work so that the building work to which the design relates, if built, would be in accordance with all relevant requirements.

(2) Any person carrying out any building work as a contractor or any design work as a designer must have—

(a)where the person is an individual, the skills, knowledge, experience and behaviours necessary,

(b)where the person is not an individual, the organisational capability,

to fulfil the duties of a contractor or designer, as the case may be, under these Regulations in relation to the work.

(3) The requirements in paragraphs (1) and (2) do not apply to an individual (T) who is in training to fulfil those requirements.

(4) The person who asked T to carry out any building work or, as the case may be, any design work must ensure T is adequately supervised when carrying out the work.

(5) A person who is in training to fulfil the requirements of a principal contractor or a principal designer may not be appointed as a principal contractor or a principal designer.

Competence: principal designer

11G.—(1) A principal designer must have—

(a)where the person is an individual, the skills, knowledge, experience and behaviours necessary,

(b)where the person is not an individual, the organisational capability,

to fulfil the duties of a principal designer under these Regulations in relation to the design work included in the project.

(2) Where the principal designer (D) is not an individual, D must designate an individual who has the task of managing its functions as the principal designer.

(3) Before making the designation under paragraph (2), D must take all reasonable steps to satisfy themself that the individual to be designated has the skills, knowledge, experience and behaviours necessary to manage the function of principal designer on behalf of D in such a way as to ensure D fulfils the duties of the principal designer under these Regulations in relation to the design work included in the project.

Competence: principal contractor

11H.—(1) A principal contractor must have—

(a)where the person is an individual, the skills, knowledge, experience and behaviours necessary,

(b)where the person is not an individual, the organisational capability,

to fulfil the duties of a principal contractor under these Regulations in relation to the building work included in the project.

(2) Where the principal contractor (C) is not an individual, C must designate an individual under C’s control who has the task of managing its functions as the principal contractor.

(3) Before making the designation under paragraph (2), C must take all reasonable steps to satisfy themself that the individual to be designated has the skills, knowledge, experience and behaviours necessary to manage the function of principal contractor on behalf of C in such a way as to ensure C fulfils the duties of the principal contractor under these Regulations in relation to the building work included in the project.

Ceasing to be competent: notification

11I.—(1) Where at any time a person (A) ceases to satisfy the requirements in regulation 11F(1), 11F(2), 11G(1) or, as the case may be, 11H(1) in relation to any building work or any design work, A must—

(a)in a case where A is the principal designer or the principal contractor, notify the client;

(b)in a case where there is more than one contractor and A is a designer, notify the person who asked them to carry out the design work and the principal designer;

(c)in a case where there is more than one contractor and A is a contractor, notify the person who asked them to carry out the building work and the principal contractor;

(d)in any other case, notify the person who asked them to carry out the work.

(2) If at the time of the notification under paragraph (1)(b) there is no principal designer appointed, that paragraph has effect as if the reference to the principal designer were a reference to the client.

(3) If at the time of the notification under paragraph (1)(c) there is no principal contractor appointed, that paragraph has effect as if the reference to the principal contractor were a reference to the client.

CHAPTER 4

Duties of dutyholders

General duty

11J.—(1) Any person carrying out any building work must ensure the work carried out by them (and by any workers under their control) is planned, managed and monitored so as to be in compliance with all relevant requirements.

(2) Any person carrying out any design work must take all reasonable steps to ensure the design work carried out by them (and by any workers under their control) is planned, managed and monitored so that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.

(3) Any person carrying out any building work must cooperate with the client, designers and contractors (including the principal designer and principal contractor, if any) to the extent necessary to ensure that the work is in compliance with all relevant requirements.

(4) Any person carrying out any design work must cooperate with the client, designers and contractors (including the principal designer and principal contractor, if any) to the extent necessary to ensure that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.

Additional duties of designers

11K.—(1) A designer must not start design work unless satisfied that the client is aware of the duties owed by the client for the building work to which the design relates under all relevant requirements.

(2) When carrying out design work the designer must take all reasonable steps to ensure that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.

(3) In providing a design, a designer must take all reasonable steps to provide sufficient information about the design, construction and maintenance of the building to assist the client, other designers and contractors to comply with all relevant requirements.

(4) Where a designer is carrying out only part of the design of the building work which comprises a project, the designer must consider other design work which directly relates to that building work and report any concerns as to compliance with all relevant requirements to the principal designer.

(5) If requested to do so, a designer must provide advice to the principal designer or the client on whether any work, to which a design they are preparing or modifying relates, is higher-risk building work.

Additional duties of contractors

11L.—(1) A contractor must not start any building work unless satisfied that the client is aware of the duties owed by the client under all relevant requirements.

(2) A contractor must—

(a)ensure the building work they carry out is in compliance with all relevant requirements; and

(b)provide each worker under their control with appropriate supervision, instructions and information so as to ensure that the building work is in compliance with all relevant requirements.

(3) In relation to building work, a contractor must take all reasonable steps to provide sufficient information about the work to assist the client, other contractors and designers to comply with all relevant requirements.

(4) Where a contractor is carrying out only part of the building work which comprises a project, the contractor must consider other work which directly relates to that building work and report any concerns as to compliance with all relevant requirements to the principal contractor.

(5) If requested to do so, a contractor must provide advice to the principal contractor or the client on whether any work is higher-risk building work.

Additional duties of a principal designer

11M.—(1) The principal designer must—

(a)plan, manage and monitor the design work during the design phase; and

(b)coordinate matters relating to the design work comprised in the project so that all reasonable steps are taken to ensure that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.

(2) The principal designer must take all reasonable steps to ensure that—

(a)designers, and any other person involved in relation to design work, cooperate with the client, the principal designer, the principal contractor and each other;

(b)the design work of all designers is coordinated so that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements; and

(c)designers, and any other person involved in relation to design work, comply with the duties under these Regulations.

(3) The principal designer must liaise with the principal contractor and share with the principal contractor any information relevant to—

(a)the planning, management and monitoring of the building work, and

(b)the coordination of building work and design work for the purpose of ensuring compliance with all relevant requirements.

(4) Where the principal contractor provides comments to the principal designer in relation to compliance with the relevant requirements, the principal designer must have regard to those comments.

(5) The principal designer must—

(a)if requested, assist the client in providing information to other designers and contractors;

(b)when the principal designer’s appointment ends, no later than 28 days after the end of the appointment, give to the client a document explaining the arrangements it put in place to fulfil the duties under paragraphs (1) to (3).

(6) Where a replacement principal designer is appointed, they must review the arrangements the previous principal designer put in place for fulfilling the duties under paragraphs (1) to (3) so that all reasonable steps are taken to ensure that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.

Additional duties of a principal contractor

11N.—(1) The principal contractor must—

(a)plan, manage and monitor the building work during the construction phase, and

(b)coordinate matters relating to the building work comprised in the project to ensure the building work is in compliance with all relevant requirements.

(2) The principal contractor must take all reasonable steps to ensure—

(a)contractors and any other person involved in relation to the building work cooperate with the client, the principal designer, the principal contractor and each other (including any successor in a role);

(b)the building work of all contractors is coordinated so that the work is in compliance with all relevant requirements; and

(c)contractors and any other person involved in relation to building work comply with the duties under these Regulations.

(3) The principal contractor must liaise with the principal designer and share with the principal designer any information relevant to—

(a)the planning, management and monitoring of the design work, and

(b)the coordination of building work and design work for the purpose of ensuring compliance with all relevant requirements.

(4) Where the principal designer provides comments to the principal contractor in relation to compliance with the relevant requirements the principal contractor must have regard to those comments.

(5) The principal contractor must—

(a)if requested, assist the client in providing information to other designers and contractors;

(b)when the principal contractor’s appointment ends, no later than 28 days after the end of the appointment, give to the client a document explaining the arrangements it put in place to fulfil the duties under paragraphs (1) to (3).

(6) Where a replacement principal contractor is appointed it must review the arrangements the previous principal contractor put in place for fulfilling the duties under paragraphs (1) to (3) to ensure that the building work is in compliance with all relevant requirements.

Notification of change of dutyholder

11O.—(1) This paragraph applies where, in relation to any building work, at any time after an application for building control approval is made or a building notice is given the client for a project changes.

(2) Where paragraph (1) applies the new client must give a notice to the relevant authority which includes—

(a)the location of the building work;

(b)the name, address, telephone number and (if available) email address of the new client and the date of they became the client;

(c)the name, address, telephone number and (if available) email address of the previous client and the date they ceased to be the client;

(d)where the notice is given by someone on behalf of the new client, a statement signed by the new client confirming they agree to the notice being made and that the information contained in the notice is correct.

(3) This paragraph applies where, in relation to any building work, at any time after an application for building control approval is made or a building notice is given the client appoints a principal contractor (or sole contractor) or a principal designer (or sole or lead designer).

(4) Subject to paragraph (5), where paragraph (3) applies the client must give a notice to the relevant authority which includes—

(a)the location of the building work;

(b)the name, address, telephone number and (if available) email address of the person appointed (PA) and the date of appointment;

(c) except where PA is the first person appointed to the role, the name, address, telephone number and (if available) email address of the person who held the role before PA (“outgoing dutyholder”) and the date their appointment ended;

(d)where the notice is given by someone on behalf of the client, a statement signed by the client confirming they agree to the notice being given and that the information contained in the notice is correct.

(5) Where the client is a domestic client (DC), the following applies instead of paragraph (4)—

(a)an outgoing dutyholder must provide the information referred to in paragraph (4)(c) to the DC within 5 calendar days of the date their appointment ends;

(b)DC must provide the information referred to under paragraph (4)(c) to PA on the date of appointment of PA or as soon as practicable after that date;

(c)subject to paragraph (6), PA must give a notice to the relevant authority which includes—

(i)the location of the building work;

(ii)the name, address, telephone number and (if available) email address of PA and the date of appointment;

(iii)except where PA is the first person appointed to the role, the name, address, telephone number and (if available) email address of the outgoing dutyholder and the date their appointment ended;

(iv)a statement explaining the notice is given on behalf of a domestic client.

(6) Where PA has not received the information required to be provided under paragraph (5)(b) by the time the notice under paragraph (5)(c) is to be given, the statement given by PA under paragraph (5)(c)(iv) must also include an explanation to that effect.

(7) A notice required under paragraph (2), (4) or (5)(c) must be given to the relevant authority within the period of 14 calendar days beginning with the date of the appointment or, as the case may be, the date when the person became the client.

(8) This regulation does not apply to higher-risk building work.

CHAPTER 5 General

Minor work

11P. A client is not required to comply with this Part where the building work or design work consists only of work described in Schedule 4.

Interpretation of this Part

11Q.—(1) In this Part—

“ the CDM Regulations ” means the Construction (Design and Management) Regulations 2015 ;

“ building information ” means information in the client’s possession or which is reasonably obtainable by or on behalf of the client, which is relevant to the building work or the design work, including information about—

“ CDM principal contractor ” means a contractor appointed as principal contractor under the CDM Regulations;

“ CDM principal designer ” means a designer appointed as principal designer under the CDM Regulations;

“ design ” includes drawings, design details, specifications and bills of quantities (including specification of articles or substances) relating to a building, and calculations prepared for the purpose of a design;

“ design phase ” means any period during which design work is carried out for a project and may continue during the construction phase;

“ relevant requirements ” means, to the extent relevant to the building work or design work in question, the requirements of regulations 4, 6, 7, 8, 22, 23, 25B, 26, 26A, 28, 36, 41(2)(a), 42(2)(a), 43(2)(a), 44A, 44ZA, 44ZC and 44D to 44I and Schedule 1.

(2) References in this Part to an appointment under regulation 11D (principal designer and principal contractor) includes an appointment which is certified under regulation 11D(2).

(3) For the purposes of this Part, “ organisational capability ” means appropriate management policies, procedures, systems and resources to ensure—

(a)individuals under the control of the organisation who are carrying out any building work or any design work comply with—

(i)regulation 11F(1) and (2) (competence: general requirement),

(ii)in case of the principal designer, regulations 11F(1) and (2) and 11G(1);

(iii)in case of the principal contractor, regulations 11F(1) and (2) and 11H(1);

(b)individuals under the control of the organisation who are in training to develop the necessary skills, knowledge, experience and behaviours are appropriately supervised.

(4) For the purposes of this Part the necessary behaviours include—

(a)compliance with relevant requirements, including refusing to carry out—

(i)any building work which is not in compliance with any relevant requirement;

(ii)any design work if the building work to which the design relates cannot be carried out in compliance with all relevant requirements;

(b)cooperation with other persons in relation to the work;

(c)refusing to carry out work which is beyond their skills, knowledge or experience, and asking for the assistance of other persons where necessary.^F89]

PART 3 Notices, Plans and Certificates

Giving of a building notice or [^F90an application for building control approval^F90] _E3

12.—(1) This regulation applies to a person who intends to—

(a)carry out building work;

(b)replace or renovate a thermal element in a building to which the energy efficiency requirements apply;

(c)make a change to a building's energy status; or

(d)make a material change of use.

(2) Subject to the following provisions of this regulation, a person to whom this regulation applies shall—

(a)give to the [^F91relevant authority^F91] a building notice in accordance with regulation 13; or

(b)[^F92 give an application for building control approval with full plans to the relevant authority^F92] in accordance with regulation 14.

^M11(3) A person intending to carry out building work in relation to a building to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of the building work, shall [^F93give an application for building control approval with full plans^F93] .

(4) A person intending to carry out building work which includes the erection of a building fronting onto a private street shall [^F94give an application for building control approval with full plans^F94] .

(5) A person intending to carry out building work in relation to which paragraph H4 of Schedule 1 imposes a requirement shall [^F95give an application for building control approval with full plans^F95] .

(6) A person intending to carry out building work is not required to give a building notice or [^F96an application for building control approval with full plans^F96] where the work consists only of work—

(a)described in column 1 of the Table in Schedule 3 if the work is to be carried out by a person described in the corresponding entry in column 2 of that Table;

(b)described in Schedule 4 ^F97[^F98; or

(c) described in column 1 of the Table in Schedule 3A if the work is to be inspected by a person described in the corresponding entry in column 2 of that Table (a “third party certifier”) who has been appointed by the person intending to carry out the building work before the commencement of that work ^F98] .

[^F99 (6A) A person intending to carry out building work in relation to which Part P of Schedule 1 imposes a requirement is required to give a building notice or [^F100 an application for building control approval with full plans^F100] where the work consists of—

(a)the installation of a new circuit;

(b)the replacement of a consumer unit; or

(c)any addition or alteration to existing circuits in a special location.^F99]

(7) Where [^F101regulation 22 of the Building (Registered Building Control Approvers etc.) (England) Regulations 2024^F101] (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.

(8) Where—

(a)a person proposes to carry out building work which consists of emergency repairs;

(b)it is not practicable to comply with paragraph (2) before commencing the work; and

(c)paragraph (6) does not apply,

the person shall give a building notice to the [^F102relevant authority^F102] as soon as reasonably practicable after commencement of the work.

(9) In this regulation—

^M12,F103 “ fronting ” has the meaning given in section 203(3) of the Highways Act 1980 ; ...

^M13,F104 “ private street ” has the meaning given in section 203(2) of the Highways Act 1980 ... [^F105 ; and

“ special location ” means—

Giving of a building notice or deposit of plans _E30

12.—(1) This regulation applies to a person who intends to—

(a)carry out building work;

(b)replace or renovate a thermal element in a building to which the energy efficiency requirements apply;

(c)make a change to a building's energy status; or

(d)make a material change of use.

(2) Subject to the following provisions of this regulation, a person to whom this regulation applies 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 intending to carry out building work in relation to a building to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of the building work, shall deposit full plans.

(4) A person intending to carry out building work which includes the erection of a building fronting onto a private street shall deposit full plans.

(5) A person intending to carry out building work in relation to which paragraph H4 of Schedule 1 imposes a requirement shall deposit full plans.

(6) A person intending 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 3 if the work is to be carried out by a person described in the corresponding entry in column 2 of that Table; [^F520or^F520]

(b)described in Schedule 4; ...

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7) Where [^F521regulation 17 of the Building (Registered Building Control Approvers etc.) (Wales) Regulations 2024^F521] (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.

(8) Where—

(a)a person proposes to carry out building work which consists of emergency repairs;

(b)it is not practicable to comply with paragraph (2) before commencing the work; and

(c)paragraph (6) does not apply,

the person shall give a building notice to the local authority as soon as reasonably practicable after commencement of the work.

(9) In this regulation—

“ fronting ” has the meaning given in section 203(3) of the Highways Act 1980 ; ...

“ private street ” has the meaning given in section 203(2) of the Highways Act 1980 ... [^F522 ; and

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .^F522]

Particulars and plans where a building notice is given

13.—(1) A building notice shall state the name and address of the person intending to carry out the work and shall be signed by that person or on that person's 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, renovation or replacement of a thermal element, change to the building's energy status or material change of use; ^F106[^F107and^F107]

(c)particulars of the location of the building to which the proposal relates and the use or intended use of that building^F108[^F109 ; and

(d)in the case of a new dwelling—

(i)a statement whether or not any optional requirement applies to the building work, and if so which, or

(ii)a statement that planning permission has not yet been granted for the work, and that the information required by subparagraph (i) will be supplied before the end of a period of twenty eight days beginning on the day after that permission is granted^F109] .

^F110[^F111 (1A) In the case of a new dwelling, where a statement under paragraph (1)(d)(ii) has accompanied the building notice, a statement in the terms required by paragraph (1)(d)(i) must be provided to the [^F112 local authority^F112] [^F112 relevant authority^F112] before the end of a period of twenty eight days beginning on the day after planning permission is granted for the building work, and the statement must state that it is supplementary to the information given in respect of the work pursuant to paragraph (1)(d).^F111]

(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; and

(ii)the steps to be taken to comply with any local enactment which applies.

[^F113 (2A) In the case of the erection of a dwelling, or a building that is to contain one or more dwellings, a building notice shall be accompanied by—

(a)particulars of any public electronic communications network in relation to which a connection is to be provided,

(b)if an exemption in regulation 44ZB is proposed to be relied on, evidence in support of the exemption, and

(c)if regulation 44ZC is proposed to be relied on—

(i)evidence of the matters mentioned in regulation 44ZC(6)(a) and (b), and

(ii)if paragraph RA1(1)(c)(i) or (ii) of Schedule 1 is also proposed to be relied on, evidence of the steps taken to establish whether, and if so where, a distribution point for a gigabit-capable public electronic communications network (as defined by regulation 44C) is likely to be installed, in a location relevant for the purposes of paragraph RA(1)(c), within the period of 2 years beginning with the day on which the notice is given.^F113]

(3) Where a building notice has been given, a person carrying out building work, renovation or replacement of a thermal element, change to the building's energy status or making a material change of use shall give the [^F114local authority^F114][^F114 relevant authority^F114] , 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.

(4) Neither a building notice nor plans which accompany it or are given under paragraph (3) are to be treated [^F115for the purposes of section 16 of the Act as having been deposited^F115][^F115 as an application for building control approval with full plans^F115] in accordance with building regulations.

(5) 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 [^F116local authority^F116][^F116 relevant authority^F116] , unless before the expiry of that period—

(a)the building work to which the notice related was commenced; or

(b)the change to the building's energy status or the material change of use described in the notice was made.

[^F117Applications for building control approval with full plans _E4

14. —(1) An application for building control approval with full plans must be made in writing, signed by the person making the application (“ the applicant ”), and must include—

(a)the name, address, telephone number and (if available) email address of the applicant;

(b)where the applicant is not the client, the name, address, telephone number and (if available) email address of the client;

(c)where known at the date of the application, the name, address, telephone number and (if available) email address of the principal contractor (or sole contractor) and the principal designer (or sole or lead designer);

(d)a statement—

(i)that the application is an application for building control approval with full plans given under regulation 12(2)(b);

(ii)as to whether the building is a building to which the Regulatory Reform (Fire Safety) Order 2005 applies or will apply after completion of the building work;

(e)where the work consists of work to an existing building, a description of the existing building including—

(i)details of the current use of the building, including the current use of each storey;

(ii)the height of the building;

(iii)the number of storeys in the building as determined in accordance with regulation 6 of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023;

(f)a description of the proposed work, including—

(i)details of the intended use of the building, including the intended use of each storey;

(ii)the height of the building after the proposed work;

(iii)the number of storeys in the building after the proposed work as determined in accordance with regulation 6 of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023;

(iv)the provision to be made for the drainage of the building;

(v)where paragraph H4 of Schedule 1 imposes a requirement, the precautions to be taken in the building over a drain, sewer or disposal main to comply with the requirements of that paragraph;

(vi)the steps to be taken to comply with any local enactment that applies; and

(vii)a statement setting out—

(aa)the date when it is proposed the work will reach the point when it is to be regarded as commenced in accordance with regulation 46A (lapse of building control approval: commencement of work); and

(bb)where the work does not consist of work to which paragraph (2) or (3) of regulation 46A applies, details of the work which the client considers amounts to 15% of the proposed work.

(2) An application for building control approval with full plans must be accompanied by—

(a)(i)two copies of the full plans, or

(ii)where Part B of Schedule 1 (fire safety) imposes a requirement in relation to proposed building work, four copies of the full plans;

(b)where the application is made by someone on behalf of the client, a statement signed by the client confirming they agree to the application being made and that the information contained in the application is correct.

(3) Plans are only full plans if they consist of—

(a)a description of the proposed building work, renovation or replacement of a thermal element, change to the building’s energy status or material change of use;

(b)the plans, particulars and statements required by paragraphs (1), (1A) [^F118 , (2) and (2A)^F118] of regulation 13;

(c)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

(d)any other plans which are necessary to show that the work would comply with these Regulations.

(4) Paragraph (2)(a)(ii) does not apply where the proposed building work relates only to the erection, extension or material alteration of a dwelling-house or flat.^F117]

Full plans _E31

14.—(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, renovation or replacement of a thermal element, change to the building's energy status or material change of use, and the plans, particulars and statements required by paragraphs (1) [^F523, (1A)^F523] and (2) of regulation 13;

(b)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

(c)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 a building in relation to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of the building work.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

[^F117Determination of applications for building control approval with full plans

14A.—(1) Subject to paragraph (5), where an application for building control approval with full plans is made in accordance with regulations 12(2)(b) and 14, the relevant authority must grant the application for building control approval unless the application (including the plans or other documents which accompany it)—

(a)does not comply with the requirements of regulation 14 (applications for building control approval with full plans);

(b)is not sufficiently detailed in any respect to allow the relevant authority to determine whether the proposed work would contravene any applicable requirement of the building regulations;

(c)shows that—

(i)the proposed work would contravene any applicable requirement of these Regulations; or

(ii)in a case where details are provided under regulation 14(1)(f)(vii), the work set out in the details would not in the relevant authority’s opinion amount to 15% of the work.

(2) If the application for building control approval with full plans (or any plans or other documents which accompany it) is defective or shows that the proposed work would contravene any requirement of these Regulations, the relevant authority may—

(a)reject the application; or

(b)subject to paragraph (4), grant the application for building control approval subject to either or both of the requirements set out in paragraph (3).

(3) The requirements mentioned in paragraph (2) are—

(a)that such modifications as the relevant authority may specify must be made in the full plans, and

(b)that such further plans as the authority may specify must be provided before work to which those plans relate starts.

(4) A relevant authority may only grant an application for building control approval with full plans subject to a requirement in paragraph (3) if the person making the application (“ the applicant ”)—

(a)has requested in writing the authority does so, or

(b)has consented in writing to the authority doing so.

(5) The duty in paragraph (1) is subject to any provision in sections 19 to 25 of the Act which expressly requires or authorises the authority to reject an application for building control approval.

(6) The relevant authority must notify the applicant of the outcome of the application within five weeks beginning with the date the application is received by the relevant authority, or within such longer period as at any time the authority and the applicant agree in writing.

(7) A failure by the relevant authority to notify the applicant in accordance with paragraph (6) is not to be treated as a grant of the application or a rejection of the application.

(8) A notice that the application under paragraph (1) is rejected must give the reasons for the rejection.

(9) A notice that the application is granted subject to a requirement must specify the requirement imposed.

(10) Where the application for building control approval with full plans is successful the effect is that the building control approval is granted.

Appeal against a local authority’s rejection of an application for building control approval

14B. —(1) A person (“ the appellant ”) who has made an application for building control approval with full plans to a local authority may appeal to the regulator against the decision of the local authority to reject the application provided the appeal is made within 21 relevant days beginning with the day after the day on which the local authority notifies the person under regulation 14A(6) (determination of applications for building control approval with full plans) .

(2) The regulator may allow an appeal under paragraph (1) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable; or

(d)that the decision was made without following the procedures set out in the Act or regulations made under the Act.

(3) If the regulator allows an appeal it may quash or vary the decision.

(4) A person aggrieved with the decision of the regulator on an appeal under this regulation may appeal that decision to the First-tier Tribunal within 21 relevant days beginning with the day after the day on which the regulator notifies the person of its decision.

(5) The First-tier Tribunal may allow an appeal referred to in paragraph (4) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable; or

(d)that the decision was made without following the procedures set out in the Act or regulations made under the Act.

(6) If the First-tier Tribunal allows an appeal it may quash or vary the decision.

Appeal against the regulator’s rejection of an application for building control approval for work that is not higher-risk building work

14C. —(1) In relation to work for which the regulator is the building control authority pursuant to a regulator’s notice, a person (“ the appellant ”) who has made an application for building control approval with full plans to the regulator may appeal to the First-tier Tribunal against the decision of the regulator to reject the application provided the appeal is made within 21 relevant days beginning with the day after the day on which the regulator notifies the person under regulation 14A(6) (determination of applications for building control approval with full plans) .

(2) The First-tier Tribunal may allow an appeal referred to in paragraph (1) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable;

(d)that the decision was made without following the procedures set out in the Act or regulations made under the Act.

(3) If the First-tier Tribunal allows an appeal it may quash or vary the decision.^F117]

Consultation with sewerage undertaker _E5

15.—(1) This regulation applies where [^F119an application for building control approval with full plans has been given to the relevant authority^F119] 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 [^F120relevant authority^F120] shall consult the sewerage undertaker—

(a)as soon as practicable after [^F121the application for building control approval with full plans has been given^F121] ; and

(b)before issuing any completion certificate in relation to the building work in accordance with regulation 17 ^F122[^F123or 17A^F123] .

(3) Where a [^F124relevant authority^F124] are required by paragraph (2) to consult the sewerage undertaker they shall—

(a)give to the sewerage undertaker, in a case where the authority are consulting them following [^F125the giving of an application for building control approval with full plans^F125] , 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 [^F126grant the application for building control approval^F126] 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.

Consultation with sewerage undertaker _E32

15.—(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 [^F524or 17A^F524] .

(3) Where a local authority are required by paragraph (2) to consult the sewerage undertaker they shall—

(a)give to the sewerage undertaker, in a case where the authority 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.

[^F127Consultation in relation to fire safety

15A.—(1) This regulation applies where it is proposed—

(a)to erect, extend or make any structural alteration to a building to which the Regulatory Reform (Fire Safety) Order 2005 applies or will apply after completion of the work, or

(b)to change the use of a building to which the Regulatory Reform (Fire Safety) Order 2005 applies or will apply after the change of use,

and, in connection with that proposal, an application for building control approval with full plans is given to a relevant authority.

(2) Subject to paragraph (3), where this regulation applies the relevant authority must consult the enforcing authority before determining the application for building control approval with full plans given to the relevant authority.

(3) The duty to consult imposed by paragraph (2) does not apply where the relevant authority is the enforcing authority.

(4) In this regulation “ enforcing authority ” has the same meaning as in article 25 of the Regulatory Reform (Fire Safety) Order 2005 . ^F127]

[^F128Notices in relation to building work^F128] _E6

16.—(1) Subject to paragraphs (8) and (9), a person who proposes to carry out building work shall not [^F129start that work^F129] unless—

(a)that person has given the [^F130relevant authority^F130] notice of intention to [^F131start work^F131] ; and

(b)at least two days have elapsed since the end of the day on which the notice was given.

[^F132 (2) Subject to paragraph (8), a person carrying out building work must notify the [^F133 relevant authority^F133] as required by the authority in accordance with paragraph (3).

(3) Subject to the conditions in paragraphs (3A) and (3B), where a [^F134 relevant authority^F134] receives notice of intention to [^F135 start work^F135] under paragraph (1) they may give the person carrying out the work a notice in writing which—

(a)requires that person to notify the authority that a specified stage of the work (other than a stage specified in paragraphs (4) and (5)) has been reached; and

(b)may specify one or more periods of time, applying to each such required notification, which may be either or both of the following—

(i)a period before or after the work has been carried out within which the notification must be made; and

(ii)a period during which the work concerned must not be covered up.

(3A) A [^F136 relevant authority^F136] may only specify a stage of the building work in accordance with paragraph (3)(a) if at the time they do so they intend to carry out an inspection of that stage.

(3B) For the purposes of paragraph (3A) the [^F137 relevant authority^F137] 's intention to carry out an inspection of a stage of building work must be based on their assessment of the risk of breach of these Regulations if they do not inspect the work.^F132]

[^F138 (3C) Not more than five days after the day on which work is to be regarded as commenced the person carrying out the work must give a notice to that effect to the relevant authority.

(3D) The relevant authority may take such steps, including—

(a)requiring information;

(b)laying open of work for inspection,

as the authority thinks appropriate to check whether the work is to be regarded as commenced.

(3E) If the relevant authority are not satisfied the work is to be regarded as commenced they must give the person carrying out the work a notice to that effect (“rejection notice”) within four weeks of the date the notice under paragraph (3C) is given, and the rejection notice must give the reasons for rejection.

(3F) Where a notice is given under paragraph (3C) and the period referred to in paragraph (3E) expires without a rejection notice being given, then the work is to be regarded as commenced.

(3G) If the person carrying out the work accepts the rejection notice they may not give a further notice under paragraph (3C) unless, having regard to the reasons given by the relevant authority, they are satisfied the work is to be regarded as commenced.

(3H) A person who gave the notice under paragraph (3C) may appeal to the First-tier Tribunal against the decision of the relevant authority to reject the notice provided the appeal is made within 21 relevant days beginning with the day after the day on which the relevant authority gives the rejection notice.

(3I) The First-tier Tribunal may allow an appeal under paragraph (3H) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable; or

(d)that the decision was made without following the procedures set out in the Act or regulations made under that Act.

(3J) For the purposes of paragraphs (3C) to (3I) the provisions of regulation 46A (lapse of building control approval: commencement of work) apply to determine whether work is to be regarded as commenced.^F138]

(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 [^F139relevant authority^F139][^F140 a notice which complies with paragraph (4A)^F140] .

[^F141 (4A) The notice under paragraph (4) must include—

(a)the name, address, telephone number and (if available) email address of the client;

(b)the name, address, telephone number and (if available) email address of the principal contractor (or sole contractor) and the principal designer (or sole or lead designer);

(c)a statement that the building work is complete;

(d)a statement, signed by the client, confirming that to the best of the client’s knowledge the work complies with all applicable requirements of the building regulations;

(e)a statement given by each principal contractor (or sole contractor) for the work and each principal designer (or sole or lead designer) for the work, signed by the person to which the declaration relates, which includes—

(i)the name, address, telephone number and (if available) email address of that person;

(ii)the dates of their appointment, and

(iii)confirmation—

(aa)in the case of a principal contractor (or sole contractor), that they fulfilled their duties as a principal contractor under Part 2A (dutyholders and competence) of these Regulations;

(bb)in the case of a principal designer (or sole or lead designer), that they fulfilled their duties as a principal designer under Part 2A (dutyholders and competence) of these Regulations.^F141]

(5) Where a building is being erected ^F142[^F143to which the Regulatory Reform (Fire Safety) Order 2005 ^M14 applies, or will apply after the completion of the work ^F143] , and that building (or any part of it) is to be occupied before completion, the person carrying out that work shall give the [^F144relevant authority^F144][^F145 a notice which complies with paragraph (5A) at least 5 days^F145] before the building or any part of it is occupied.

[^F146 (5A) The notice under paragraph (5) must include—

(a)the name, address, telephone number and (if available) email address of the client;

(b)the name, address, telephone number and (if available) email address of the principal contractor (or sole contractor) and the principal designer (or sole or lead designer);

(c)the date when the building or any part of it is to be occupied;

(d)a statement, signed by the client, confirming that to the best of the client’s knowledge, regardless of the completion of the current building work, regulation 38 and Part B of Schedule 1 are currently complied with in relation to those parts of the building which are to be occupied before completion of the work;

(e)a statement given by each principal contractor (or sole contractor) for the work and each principal designer (or sole or lead designer) for the work, signed by the person to which the declaration relates, which includes—

(i)the name, address, telephone number and (if available) email address of that person;

(ii)the dates of their appointment, and

(iii)confirmation—

(aa)in the case of a principal contractor (or sole contractor), that they fulfilled their duties as a principal contractor under Part 2A (dutyholders and competence) of these Regulations;

(bb)in the case of a principal designer (or sole or lead designer), that they fulfilled their duties as a principal designer under Part 2A (dutyholders and competence) of these Regulations.^F146]

(6) A person who fails to comply with paragraphs (1) [^F147or (2)^F147] shall comply within a reasonable time with any notice given by the [^F148relevant authority^F148] requiring that person 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 [^F149relevant authority^F149] 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 [^F149relevant authority^F149] 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 [^F150an application for building control approval with full plans^F150] .

(9) Paragraph (1) does not apply where regulation 12(8) applies.

Notice of commencement and completion of certain stages of work _E33

16.—(1) Subject to paragraphs (8) and (9), a person who proposes to carry out building work shall not commence that work unless—

(a)that person has given the local authority notice of intention to commence work; and

(b)at least two days have elapsed since the end of the day on which the notice was given.

[^F525 (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 that person has given the local authority notice of intention to commence that work, and at least one day has elapsed since the end of the day on which the notice was given.

(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.^F525]

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [^F526to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of the work ^F526] , 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) A person who fails to comply with paragraphs (1) [^F527to (3)^F527] shall comply within a reasonable time with any notice given by the local authority requiring that person 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.

(9) Paragraph (1) does not apply where regulation 12(8) applies.

Completion certificates _E7

17.^F151[^F152—(1) A [^F153 relevant authority^F153] shall within the specified period give a completion certificate in all cases (including a case where a certificate has already been given under regulation 17A) where they are satisfied, after taking all reasonable steps, that, following completion of building work carried out on [^F154 a building, the relevant provisions have been complied with in relation to the building^F154] .

[^F155 (2) The specified period referred to in paragraph (1) is eight weeks starting from the date that notice is received by the relevant authority in accordance with regulation 16(4).^F155]

(2A) The relevant provisions referred to in paragraph (1) are any applicable requirements of the following provisions—

(a)regulation 25A (high-efficiency alternative systems for new buildings);

(b)regulation 26 (target CO² emission rates for new buildings);

[^F156 (c)regulation 26A (target fabric energy efficiency requirements for new dwellings);^F156]

[^F157 (cc)regulation 26C (target primary energy rates for new buildings);^F157]

(d)regulation 36 (water efficiency of new dwellings);

(e)regulation 38 (fire safety information); ^F158,F159...

(f)Schedule 1^F152]^F160[^F161 ,

(g)regulation 7A (energy performance certificates on construction) of the Energy Performance of Buildings (England and Wales) Regulations 2012.^F161]

(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.

^F162[^F163 (5) The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (4).^F163]

[^F164 (6) Where the relevant authority is the regulator, it must send a copy of each certificate it gives under this regulation in relation to a building to the local authority for the area in which the building is situated.^F164]

Completion certificates _E34

17.[^F528—(1) A local authority shall within the specified period give a completion certificate in all cases (including a case where a certificate has already been given under regulation 17A) where they are satisfied, after taking all reasonable steps, that, following completion of building work carried out on it, a building complies with the relevant provisions.

(2) The specified period referred to in paragraph (1) is eight weeks starting from the date on which the person carrying out the building work notifies the local authority that the work has been completed.

(2A) The relevant provisions referred to in paragraph (1) are any applicable requirements of the following provisions—

(a)regulation 25A (high-efficiency alternative systems for new buildings);

(b)regulation 26 (target CO² emission rates for new buildings);

[^F529 (c)regulation 26A (primary energy ... rates for new buildings),

(ca)regulation 26B (fabric performance values for new dwellings),^F529]

[^F530 (cb)regulation 26C (target primary energy rates for new buildings),^F530]

(d)regulation 36 (water efficiency of new dwellings);

(e)regulation 38 (fire safety information); ...

(f)Schedule 1^F528][^F531 ,

(g)regulation 7A (energy performance certificates on construction) of the Energy Performance of Buildings (England and Wales) Regulations 2012.^F531]

(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.

[^F532 (5) The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (4).^F532]

[^F165Certificate for building occupied before work is completed _E8

17A.—(1) A [^F166 relevant authority^F166] shall within the specified period give a completion certificate in respect of part or all of a building where building work is being carried out and where all of the following circumstances apply—

(a)part or all of the building is to be occupied before the work is completed;

(b)the building is subject to the Regulatory Reform (Fire Safety) Order 2005; and

(c)the authority is satisfied, after taking all reasonable steps, that, regardless of completion of the current building work, [^F167 regulation 38 and Part B of Schedule 1 are currently complied with in relation to those parts of the building which are to be occupied before completion of the work^F167] .

(2) The specified period referred to in paragraph (1) is four weeks starting from the date that notice is received by the [^F168 relevant authority^F168] in accordance with regulation 16(5).

(3) 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, and the certificate shall contain this wording.

(4) The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (3).

[^F169 (5) Where the relevant authority is the regulator, it must send a copy of each certificate it gives under this regulation in relation to a building to the local authority for the area in which the building is situated.^F169,F165]]

[^F533Certificate for building occupied before work is completed _E35

17A.—(1) A local authority shall within the specified period give a completion certificate in respect of part or all of a building where building work is being carried out and where all of the following circumstances apply—

(a)part or all of the building is to be occupied before the work is completed;

(b)the building is subject to the Regulatory Reform (Fire Safety) Order 2005; and

(c)the authority is satisfied, after taking all reasonable steps, that, regardless of completion of the current building work, those parts of the building which are to be occupied before completion of the work currently comply with regulation 38 and Part B of Schedule 1.

(2) The specified period referred to in paragraph (1) is four weeks starting from the date that notice is received by the local authority in accordance with regulation 16(5).

(3) 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, and the certificate shall contain this wording.

(4) The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (3).^F533]

Unauthorised building work_{cross-notes E9}

18.—(1) This regulation applies where it appears to a [^F170relevant authority^F170] that unauthorised building work has been carried out on or after 11th November 1985.

(2) Where this regulation applies, the owner (in this regulation referred to as “ the applicant ”) may apply in writing to the [^F171 relevant authority ^F171] for a regularisation certificate in accordance with this regulation, and shall send with the 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 ”).

(3) Where a [^F172relevant authority^F172] 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.

(4) When the applicant has taken any such steps required by the [^F173relevant authority^F173] as are described in paragraph (3), 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 [^F173relevant authority^F173] 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.

(5) Where the [^F174relevant authority^F174] 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 ”).

(6) A regularisation certificate shall be evidence (but not conclusive evidence) that the relevant requirements specified in the certificate have been complied with.

[^F175 (6A) Where the relevant authority is the regulator, it must send a copy of each certificate it gives under this regulation in relation to a building to the local authority for the area in which the building is situated.^F175]

(7) 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 [^F176as an application for building control approval with full plans^F176] in accordance with building regulations.

[^F177 (8) In this regulation “unauthorised building work”—

(a)where the relevant authority is the local authority, means building work, other than work in relation to which an initial notice, an amendment notice, a public body’s notice or a regulator’s notice has effect, which is done without—

(i)a building notice being given to the local authority;

(ii)an application for building control approval with full plans of the work being given to the local authority; or

(iii)a notice of intention to start work being given to the local authority, in accordance with regulation 16(1), where a building notice has been given or an application for building control approval with full plans of the work has been given;

(b)where the relevant authority is the regulator, means building work which is work in relation to which a regulator’s notice has effect but which is done without—

(i)a building notice being given to the regulator;

(ii)an application for building control approval with full plans of the work being given to the regulator; or

(iii)a notice of intention to start work being given to the regulator, in accordance with regulation 16(1), where a building notice has been given or an application for building control approval with full plans of the work has been given.^F177]

Unauthorised building work _E36

18.—(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) 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 the 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 ”).

(3) 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.

(4) When the applicant has taken any such steps required by the local authority as are described in paragraph (3), 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.

(5) 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 ”).

(6) A regularisation certificate shall be evidence (but not conclusive evidence) that the relevant requirements specified in the certificate have been complied with.

(7) 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.

(8) 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;

(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 16(1), where a building notice has been given or full plans have been deposited.

[^F178Appeal against refusal to grant certain certificates

18A. —(1) A person (“ the appellant ”) who has—

(a)notified a local authority under regulation 16(4) and the authority has refused to give a certificate under regulation 17 (completion certificates);

(b)notified a local authority under regulation 16(5) and the authority has refused to give a certificate under regulation 17A (certificate for building occupied before work is completed); or

(c)applied to a local authority under regulation 18(2) (unauthorised building work) for a certificate and the authority has refused to give the certificate,

may appeal to the regulator against the decision of the local authority to refuse to provide the certificate provided the appeal is made within 21 relevant days beginning with the day after the day on which the local authority notifies the appellant of the refusal.

(2) The regulator may allow an appeal under paragraph (1) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable; or

(d)that the decision was made without following the procedures set out in the Act or regulations made under that Act.

(3) If the regulator allows an appeal it may quash or vary the decision.

(4) An appellant aggrieved with the decision of the regulator on an appeal under this regulation may appeal that decision to the First-tier Tribunal within 21 relevant days beginning with the day after the day on which the regulator notifies the appellant of its decision.

(5) The First-tier Tribunal may allow an appeal referred to in paragraph (4) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable; or

(d)that the decision was made without following the procedures set out in the Act or regulations made under that Act.

(6) If the First-tier Tribunal allows an appeal it may quash or vary the decision.

Appeal in relation to sections 20(5) or 39 of the Act

18B.—(1) An appeal to the regulator under section 20(5) of the Act must be made within 21 relevant days beginning with the day after the day on which the local authority notifies the person of its decision.

(2) Where a person who is aggrieved with the decision of the regulator given on an appeal under section 20(5) or 39 of the Act wishes to appeal that decision by virtue of section 43A(3) of the Act they may appeal to the First-tier Tribunal provided the appeal is made within 21 relevant days beginning with the day after the day on which the regulator notifies them of its decision.

(3) The First-tier Tribunal may allow an appeal referred to in paragraph (2) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable; or

(d)that the decision was made without following the procedures set out in the Act or regulations made under that Act.

(4) If the First-tier Tribunal allows an appeal it may quash or vary the decision.

Appeal to the First-tier Tribunal in relation to certain decisions

18C. —(1) Where, in relation to work which is not higher-risk building work, a person (“ the appellant ”) has—

(a)notified the regulator under regulation 16(4) and the regulator has refused to give a certificate under regulation 17 (completion certificates);

(b)notified the regulator under regulation 16(5) and the regulator has refused to give a certificate under regulation 17A (certificate for building occupied before work is completed); or

(c)applied to the regulator under regulation 18(2) (unauthorised building work) for a certificate and the regulator has refused to give the certificate,

they may appeal to the First-tier Tribunal against the decision of the regulator provided the appeal is made within 21 relevant days beginning with the day after the day on which the regulator notifies the appellant of the refusal.

(2) An appeal to the First-tier Tribunal under section 19(4), 20(5), 21(4), 22(4) or 39 of the Act must be made within 21 relevant days beginning with the day after the day on which the building control authority notifies the person of its decision.

(3) The First-tier Tribunal may allow an appeal referred to in paragraph (1) or (2) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable; or

(d)that the decision was made without following the procedures set out in the Act or regulations made under that Act.

(4) If the First-tier Tribunal allows an appeal referred to in paragraph (1) or (2) it may quash or vary the decision.

Application to the First-tier Tribunal in relation to certain decisions

18D. —(1) At least five days before making an application to the First-tier Tribunal under section 21(3) or (6), 24(2), 25(2) or (5), 33(6) or 36(3) of the Act the person proposing to make an application (“ the applicant ”) must notify the building control authority of their intention to make the application.

(2) An application to the First-tier Tribunal under section 21(3) or (6), 24(2), 25(2) or (5), 33(6) or 36(3) of the Act must be made within 21 relevant days beginning with the day after the day on which the applicant notifies the building control authority under paragraph (1).

(3) If the First-tier Tribunal allows an appeal it may quash or vary the decision.

Appeals under section 101A of the Act

18E.—(1) A person aggrieved with the refusal of a local authority to consider an application for building control approval, an initial notice or an amendment notice on the grounds that all or part of the work to which the application or notice relates is higher-risk building work may appeal to the Secretary of State provided the appeal is made within 28 relevant days beginning with the day after the day on which the local authority refuses to consider the application.

(2) An appeal to the Secretary of State under section 101A of the Act must be made in writing, signed by the person who made the original application or one of the persons who gave the original initial notice or amendment notice (in this regulation “the appellant”) and must include the following information—

(a)the name, address, telephone number and (if available) email address of the appellant;

(b)a statement explaining why the appellant considers the work proposed in the original application or notice does not include higher-risk building work;

(c)where the appellant is [^F179 a registered building control approver^F179] , a statement confirming the client agrees to the appeal being made.

(3) In addition to the information provided for in paragraph (2) the appeal must be accompanied by—

(a)a copy of the original application or notice given to the local authority (including all documentation that accompanied the application or notice);

(b)all the information provided to the local authority in relation to the application or notice;

(c)all the correspondence with the local authority in relation to that application or notice;

(d)a copy of the notice sent to the regulator under paragraph (4).

(4) At least two working days before submitting an appeal under section 101A(2) of the Act the appellant must give notice to the regulator of their intention to do so.

(5) Where the appellant submits an appeal under section 101A of the Act through electronic facilities provided by the Secretary of State for that purpose, they are taken to have consented to the use of electronic communications for all purposes relating to the appeal that are capable of being carried out electronically.

(6) The deemed consent in paragraph (5) may be revoked by the appellant giving the Secretary of State two weeks’ notice in writing specifying that the notice is given under this regulation.

(7) An appeal under section 101A of the Act is to be determined by consideration of written representations.

(8) The Secretary of State must give the local authority which refused to consider the original application or notice the opportunity to make written representations in relation to the appeal.

(9) The Secretary of State may give any other person an opportunity to make written representations in relation to the appeal.

(10) The Secretary of State may, by notice in writing, require the local authority in question to provide specified information, or provide copies of specified documents, by the date specified in the notice (that date must be no fewer than 7 days after the date the notice is given).

(11) Before determining the appeal the Secretary of State may—

(a)hold any meeting with the appellant, the local authority or any other person,

(b)undertake any site visit,

as the Secretary of State considers appropriate.

(12) The Secretary of State must determine the appeal within 8 weeks of the date on which the appeal is received and the decision in relation to the appeal must be given in writing to the appellant.

(13) For the purposes of section 101A(6) of the Act, an appeal to the High Court under section 101A(6) of the Act may be made within 28 relevant days beginning with the day after the day on which the Secretary of State gives the decision to the appellant under paragraph (12).

(14) The Secretary of State may appoint a person to determine the appeal instead of the Secretary of State.

(15) At any time before a person appointed under this regulation has determined the appeal the Secretary of State may—

(a)revoke that person’s appointment;

(b)appoint another person to determine the appeal instead.

(16) A person appointed under paragraph (14) has the same powers and duties in relation to determination of an appeal under section 101A of the Act as the Secretary of State and, in particular, where the appeal is determined by a person appointed under this regulation their decision is to be treated as the decision of the Secretary of State.^F178]

PART 4 Supervision of Building Work Otherwise than by Local Authorities

Supervision of building work otherwise than by local authorities

^F183,F18419.—(1) Regulations 12 (giving of a building notice or deposit of plans), 16 (notice of commencement and completion of certain stages of work), 17 (completion certificates), ^F180[^F18117A (Certificate for building occupied before work is completed)^F181] 20 (provisions applicable to self-certification schemes), 27 (CO₂ emission rate calculations), [^F18227A (fabric energy efficiency rate calculations), 27C (target primary energy rate calculations for new buildings),^F182] ... 37 (wholesome water consumption calculation), 41 (sound insulation testing), 42 (mechanical ventilation air flow rate testing), 43 (pressure testing), 44 (commissioning) [^F185, 45 (testing of building work) and 46 (sampling of material)^F185] 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.

[^F186 (2) Regulations 45 and 46 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.^F186]

[^F187Regulator’s notices: description of work and connection

19A. For the purposes of section 91ZB(1) of the Act, a regulator’s notice may be given in relation to any building work (which is not higher-risk building work) where—

(a)the client for the building work is proposing to undertake higher-risk building work on the same site;

(b)the regulator’s notice includes all the building work to be carried out on the site which is not higher-risk building work; and

(c)the client has appointed the same principal contractor for the building work and the higher-risk building work.

Regulator’s notices: content of notices

19B. A regulator’s notice must be in writing and must include—

(a)the name, address, telephone number and (if available) email address of the client for the project to which the notice relates;

(b)a statement that the notice is a regulator’s notice under section 91ZB of the Act;

(c)the location of the proposed building work to which the regulator’s notice is to apply;

(d)a description of the proposed building work to which the regulator’s notice is to apply, including a statement explaining how that work is connected to higher-risk work and the location on the site of that higher-risk building work;

(e)a statement giving the date it is proposed the building work will start and how long it is proposed to take to complete;

(f)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;

(g)a declaration, signed by the client and signed by an employee of the regulator who is authorised to do so, confirming—

(i)the client and the regulator consent to the giving of the notice;

(ii)the proposed building work to which the notice relates includes no higher-risk building work;

(iii)the proposed building work falls within the requirements of regulation 19A (regulator’s notices: description of work and connection);

(iv)they understand the proposed building work is to be subject to the procedural requirements of these Regulations.

Regulator’s notices: grounds for rejection

19C.—(1) The following grounds are prescribed for the purposes of section 91ZC(2) of the Act—

(a)the conditions in regulation 19A (regulator’s notices: description of work and connection) are not satisfied in relation to the work specified in the notice;

(b)the work specified in the notice is not within the area of the local authority;

(c)that an application for building control approval, an initial notice or a public body’s notice has been given in relation to the work (or any part of it);

(d)the notice does not comply with the requirements of regulation 19B (regulator’s notices: content of notices).

(2) For the purposes of section 91ZC(3) of the Act a notice of rejection must be given within five days of the day on which the regulator’s notice is given.

Regulator’s notices: appeals

19D.—(1) An appeal to the First-tier Tribunal under section 91ZC(4) of the Act must be made within 21 relevant days beginning with the day after the day on which the local authority notifies the person under section 91ZC(3) of the Act.

(2) The First-tier Tribunal may allow an appeal under section 91ZC(4) of the Act only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a)that the decision was based on an error of fact;

(b)that the decision was wrong in law;

(c)that the decision was unreasonable; or

(d)that the decision was made without following the procedures set out in the Act or regulations made under that Act.

(3) If the First-tier Tribunal allows an appeal it may quash or vary the decision.

(4) The power of the First-tier Tribunal to award costs does not apply in relation to an appeal under this regulation.

Regulator’s notices: direction

19E.—(1) In relation to work which is the subject of a regulator’s notice, the regulator may make a direction as to the way in which any of the following documents are given (which may include specifying cases where they must be given electronically via a website address provided for that purpose by the regulator)—

(a)a building notice under regulation 13 (particulars and plans where a building notice is given);

(b)an application under regulation 14 (applications for building control approval with full plans);

(c)any notice under regulation 16 (notices in relation to building work);

(d)an application under regulation 18 (unauthorised building work);

(e)any documents that are required to accompany any notice or application referred to in sub-paragraph (a) to (d);

(f)a notice under regulation 25A(2), 27(2) or (3), 27A(2) or (3), 27C(2) or (3), 37(1), 38(2B) or (2G), 41(4), 42(2), 43(2), 44(3) and 44ZA(2);

(g)a copy of results under regulation 41(2).

(2) A direction must specify the date on which it comes into effect, which must not be earlier than seven days after it is published.

(3) Where the regulator has made and published a direction in accordance with this regulation, an application (or any document that accompanied the application) of the type mentioned in the direction must, from the date specified in the direction, be given in accordance with the direction.

(4) The regulator may, by a further direction, amend or revoke a direction made under this regulation.

Regulator’s notices: local land charges

19F. The functions of local authorities under the Local Land Charges Act 1975 , as they relate to building work for which the regulator is the building control authority by reason of a regulator’s notice under section 91ZB of the Building Act 1984 , are prescribed for the purposes of paragraph (b) of the definition of “relevant function” in paragraph 2(5) of Schedule 3 to the Building Safety Act 2022 . ^F187]

PART 5 [^F188Self-certification schemes [^F189and third party certification schemes^F189,F188]]

Provisions applicable to self-certification schemes_cross-notes

20.—(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 3 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.

[^F190 (1A) Where this regulation applies and the building work in question relates to a higher-risk building, the client must make the person carrying out the work aware that the building is a higher-risk building.^F190]

(2) Where this regulation applies, the [^F191local authority^F191][^F191 building control authority^F191] are 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 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 [^F192local authority^F192][^F192 building control authority^F192] —

(i)notice to that effect, or

(ii)the certificate referred to in paragraph (2).

^F193[^F194 (3A) A [^F195 local authority^F195] [^F195 building control authority^F195] shall store in a retrievable form copies of the notices and certificates given to it in accordance with paragraph (3)(b).

(3B) If the whole or part of the work was paid for using a green deal plan, the person carrying out the work must include—

(a)in the certificate referred to in paragraph (2); and

(b)in the notice given to the [^F196 local authority^F196] [^F196 building control authority^F196] referred to in paragraph (3)(b)(i),

a statement to that effect.

^F197[^F198 (3C) Such a statement that relates to a part of the work must specify which part was paid for using the green deal plan.^F198]

(3D) In this regulation, “ green deal plan ” has the meaning given in section 1 of the Energy Act 2011 . ^F194]

^M15(4) Paragraph (3) of this regulation does not apply where a person carries out any building work described in Schedule 4.

^F199[^F200 (5) 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 ^F201[^F202 , and the certificate shall contain this wording^F202] .

(6) The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (5).^F200]

[^F203 (6A) Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice or certificate it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.^F203]

^F204[^F205Provisions applicable to third party certification schemes _cross-notes

20A.—(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 3A and the work is inspected by a third party certifier described in column 2 of that Table and appointed in accordance with regulation 12(6)(c).

[^F206 (1A) Where this regulation applies and the building work in question relates to a higher-risk building, the client must make the person carrying out the work aware that the building is a higher-risk building.^F206]

(2) Where this regulation applies, the [^F207 building control authority^F207] are authorised to accept, as evidence that the requirements of regulations 4 and 7 have been complied with, a certificate to that effect by the third party certifier.

(3) Where this regulation applies, the person carrying out the building work must, not more than 7 days after the completion of the work, notify the third party certifier that the work has been completed.

(4) Where the third party certifier, having taken all reasonable steps to ascertain that it is the case, is satisfied within the limits of professional skill and care that the requirements of regulation 4 and 7 have been complied with, the third party certifier must, not more than 30 days after receiving notification of completion of the work under paragraph (3)—

(a)give the occupier a copy of the certificate referred to in paragraph (2); and

(b)give to the [^F208 building control authority^F208] —

(i)notice to that effect, or

(ii)the certificate referred to in paragraph (2).

(5) If the third party certifier is unable to certify that the requirements of regulations 4 and 7 have been complied with and therefore cannot provide the certificate referred to in paragraph (2), the third party certifier must notify the [^F209 building control authority^F209] to that effect.

(6) 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.

(7) The certificate shall include a statement describing its evidentiary effect, in terms substantially the same as paragraph (6).

[^F210 (7A) Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice or certificate it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.^F210,F205]]

PART 6 Energy Efficiency Requirements

Application of energy efficiency requirements

21.—(1) The energy efficiency requirements apply to—

(a)the erection of any building of a kind falling within this paragraph;

(b)the extension of any such building, other than an extension to which paragraph (4) applies; and

(c)the carrying out of any work to or in connection with any such building or extension.

(2) A building falls within paragraph (1) if it—

(a)is a roofed construction having walls;

(b)uses energy to condition the indoor climate; and

(c)does not fall within one or more of the categories listed in paragraph (3).

(3) The categories referred to in paragraph (2)(c) are—

(a)buildings which are—

(i)listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990^M16[^F211 or section 76 of the Historic Environment (Wales) Act 2023^F211] ;

(ii)in a conservation area designated in accordance with section 69 of [^F212the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 158 of the Historic Environment (Wales) Act 2023^F212] ; or

(iii)included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979^M17[^F213 or section 3 of the Historic Environment (Wales) Act 2023^F213] ,

where compliance with the energy efficiency requirements would unacceptably alter their character or appearance;

(b)buildings which are used primarily or solely as places of worship;

(c)temporary buildings with a planned time of use of two years or less, industrial sites, workshops and non-residential agricultural buildings with low energy demand;

(d)stand-alone buildings other than dwellings with a total useful floor area of less than 50m².

(4) This paragraph applies to any extension of a building falling within class 7 in Schedule 2 except a conservatory or porch—

(a)^F214,F215where any wall, door or window separating the conservatory or porch from that building has been removed and not replaced with a wall, door or window; ...

(b)into which the building's heating system has been extended ^F216[^F217to heat the conservatory or porch; or

(c)in which a fixed heating appliance has been provided to heat the conservatory or porch.^F217]

(5) In this regulation, the following terms have the same meaning as in ^F218[^F219European Parliament and Council Directive 2010/31/EU of 19 May 2010 on the energy performance of buildings (recast)^F219] —

(i) “industrial sites”;

(ii) “low energy demand”;

(iii) “non-residential agricultural buildings”;

(iv) “places of worship”;

(v) “stand-alone”;

(vi) “total useful floor area”;

(vii) “workshops”.

Requirements relating to a change to energy status

22. Where there is a change to a building's energy status, such work, if any, shall be carried out as is necessary to ensure that the building complies with the applicable requirements of Part L of Schedule 1.

^F220[^F221Requirements for the renovation or replacement of thermal elements

23.—(1) Where the renovation of an individual thermal element—

(a)constitutes a major renovation; or

(b)amounts to the renovation of more than 50% of the element’s surface area;

the renovation must be carried out so as to ensure that the whole of the element complies with paragraph L1(a)(i) of Schedule 1, in so far as that is technically, functionally and economically feasible.

(2) Where the whole or any part of an individual thermal element is proposed to be replaced and the replacement—

(a)constitutes a major renovation; or

(b)(in the case of part replacement) amounts to the replacement of more than 50% of the thermal element’s surface area;

the whole of the thermal element must be replaced so as to ensure that it complies with paragraph L1(a)(i) of Schedule 1, in so far as that is technically, functionally and economically feasible.^F221]

Methodology of calculation and expression of energy performance

24.—(1) The Secretary of State shall approve—

(a)a methodology of calculation of the energy performance of buildings, including methods for calculating asset ratings and operational ratings of buildings; and

(b)ways in which the energy performance of buildings, as calculated in accordance with the methodology, shall be expressed.

(2) In this regulation—

“ asset rating ” means ^F222[^F223 an energy performance indicator determined from ^F223] the amount of energy estimated to meet the different needs associated with a standardised use of the building; and

^F224[^F225 “operational rating” means an energy performance indicator determined from the amount of energy consumed during the occupation of a building over a period of time and the energy demand associated with a typical use of the building over that period. ^F225]

Minimum energy performance requirements for new buildings _E10

[^F226 25. Minimum energy performance requirements shall be approved by the Secretary of State, [^F227 calculated and expressed^F227] in accordance with the methodology approved pursuant to regulation 24, for—

(a)new buildings (which shall include new dwellings), in the form of target CO₂ emission rates; ^F228...

(b)new dwellings, in the form of target fabric energy efficiency rates^F226][^F229 ; and

(c)new buildings in the form of target primary energy rates^F229] .

Minimum energy performance requirements for new buildings _E37

[^F534 25. The Welsh Ministers shall approve minimum energy performance requirements for new buildings, in the form of target CO² emission rates, which shall be calculated and expressed in accordance with the methodology approved pursuant to regulation 24.^F534]

^F230[^F231Consideration of high-efficiency alternative systems for new buildings _{cross-notes E11}

25A.—(1) Before construction of a new building starts, the person who is to carry out the work must analyse and take into account the technical, environmental and economic feasibility of using high-efficiency alternative systems (such as the following systems) in the construction, if available—

(a)decentralised energy supply systems based on energy from renewable sources;

(b)cogeneration;

(c)district or block heating or cooling, particularly where it is based entirely or partially on energy from renewable sources; and

(d)heat pumps.

[^F232 (2) The person carrying out the work must—

(a)where the new building is a higher-risk building, ensure the application for building control approval in relation to the work is accompanied by a notice which states that the analysis referred to in paragraph (1) has been undertaken, is documented, and the documentation is available to the regulator for verification purposes;

(b)in any other case, not later than the beginning of the day before the day on which the work starts, give the building control authority a notice which states that the analysis referred to in paragraph (1) has been undertaken, is documented, and the documentation is available to the authority for verification purposes; and

(c)ensure that a copy of the analysis is available for inspection at all reasonable times on request by an officer of the building control authority.^F232]

(3) An authorised officer of the [^F233 building control authority^F233] may require production of the documentation in order to verify that this regulation has been complied with.

[^F234 (3A) Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.^F234]

(4) The analysis referred to in paragraph (1)—

(a)may be carried out for individual buildings or for groups of similar buildings or for common typologies of buildings in the same area; and

(b)in so far as it relates to collective heating and cooling systems, may be carried out for all buildings connected to the system in the same area.

(5) In this regulation—

(a) “cogeneration” means simultaneous generation in one process of thermal energy and one or both of the following—

(i)electrical energy;

(ii)mechanical energy;

(b) “district or block heating or cooling” means the distribution of thermal energy in the form of steam, hot water or chilled liquids, from a central source of production through a network of multiple buildings or sites, for the use of space or process heating or cooling;

(c) “energy from renewable sources” means energy from renewable non-fossil sources, namely wind, solar, aerothermal, geothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases; and

(d) “heat pump” means a machine, a device or installation that transfers heat from natural surroundings such as air, water or ground to buildings or industrial applications by reversing the natural flow of heat such that it flows from a lower to a higher temperature. (For reversible heat pumps, it may also move heat from the building to the natural surroundings.) ^F231]

[^F535Consideration of high-efficiency alternative systems for new buildings _{cross-notes E38}