Statutory Instruments
2015 No. 767
Building And Buildings, England And Wales
The Building Regulations &c. (Amendment) Regulations 2015
Made
26th March 2015
Laid before Parliament
27th March 2015
Coming into force in accordance with regulation 1(4)
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 1, 2B(1), (3) and (6), 3, 16(9), 17(1) and (6), 34, 35, 47(1), (2) and (5), 50(1), (4) and (6), 51(1) and (2), 51A(2) and (3), 52(1), (3) and (5), and 54(1), (2), (5) and (6) of, and paragraphs 1, 4, 4A, 7, 8(1) and 10 of Schedule 1 to, and paragraphs 2(1) to (4) and 3(1) and (2) of Schedule 4 to, the Building Act 1984( 1 ), having consulted the Building Regulations Advisory Committee for England and such other bodies as appear to the Secretary of State to be representative of the interests concerned in accordance with section 14(3)( 2 ) of that Act.
Citation, extent, application and commencement
1. —(1) These Regulations may be cited as the Building Regulations &c. (Amendment) Regulations 2015.
(2) These Regulations extend to England and Wales.
(3) These Regulations do not apply in relation to any building in Wales other than an excepted energy building, and “excepted energy building” shall have the same meaning as in the Schedule to the Welsh Ministers (Transfer of Functions) (No.2) Order 2009( 3 ).
(4) These Regulations come into force on the following dates—
(a) this regulation and regulation 2(10)(a) and (12) on 18th April 2015;
(b) all remaining regulations, except regulation 2(10)(b), on 1st October 2015; and
(c) regulation 2(10)(b) on 31st December 2015.
Amendments to the Building Regulations 2010
2. —(1)The Building Regulations 2010( 4 ) are amended in accordance with the following paragraphs.
(2) In regulation 2(1) (interpretation)—
(a) after the definition “microgeneration” insert the following definitions—
“ “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); ” ; and
(b) after the definition “payment period” insert the following definition—
“ “planning permission” has the meaning given in section 336(1) (interpretation) of the Town and Country Planning Act 1990 ( 5 ) ; ” .
(3) In regulation 4 (requirements relating to building work)—
(a) in paragraph (1)(b) after “other such requirement” insert “, except as may be provided for in paragraphs (1C) and (1D)”;
(b) after paragraph (1) insert the following paragraphs—
“ (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. ” .
(4) In regulation 6( 6 ) (requirements relating to material change of use)—
(a) in subparagraph (1)(i) for “M1 (access and use)” substitute “M1 (access to and use of buildings other than dwellings)”;
(b) after subparagraph (1)(i) insert a semicolon and the following subparagraph—
“ (j) in the case of a material change of use described in regulation 5(a), (b) or (g), Q1 (security) ” ; and
(c) in paragraph (2)—
(i) after subparagraph (c) omit “and”, and
(ii) after subparagraph (d) insert a semicolon and the following subparagraph —
“ (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; ” .
(5) In regulation 13 (particulars and plans where a building notice is given)—
(a) in paragraph (1)—
(i) after subparagraph (b) omit “and”, and
(ii) after subparagraph (c) insert—
“ ; 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 ” ; and
(b) after paragraph (1) insert the following paragraph—
“ (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 local authority 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). ” .
(6) In regulation 14(3)(a) (full plans) after “(1)” insert “, (1A)”.
(7) In regulation 35( 7 )( (interpretation of Part 6)—
(a) after the definition “major renovation” omit “and”; and
(b) after the definition “nearly zero-energy building” insert a semicolon and the following definition—
“ “new dwelling” does not include a dwelling that is formed by a material change of use of a building ” .
(8) For the text of regulation 36 (water efficiency of new dwellings) substitute—
“ (1) The potential consumption of wholesome water by persons occupying a new dwelling must not exceed the requirement in paragraph (2).
(2) The requirement referred to in paragraph (1) is either—
(a) 125 litres per person per day; or
(b) in a case to which paragraph (3) applies, the optional requirement of 110 litres per person per day,
as measured in either case in accordance with a methodology approved by the Secretary of State.
(3) This paragraph applies where the planning permission under which the building work is carried out—
(a) specifies the optional requirement in paragraph (2)(b); and
(b) makes it a condition that that requirement must be complied with.
(4) In this Part, “new dwelling” does not include a dwelling that is formed by a material change of use of a building within the meaning of regulation 5(g). ” .
(9) For the text of regulation 37(1) (wholesome water consumption calculation) substitute—
“ (1) Where regulation 36 applies, the person carrying out the work must give the local authority a notice which specifies—
(a) which of the requirements in regulation 36(2)(a) or (b) applies to the dwelling; and
(b) the potential consumption of wholesome water per person per day in relation to the completed dwelling. ” .
(10) In regulation 43(4)( 8 )—
(a) after “the British Institute of Non-Destructive Testing” add “, the Independent Air Tightness Testing Scheme Limited( 9 )”; and
(b) omit “the British Institute of Non-Destructive Testing,”.
(11) In Schedule 1( 10 ) (requirements)—
(a) in part H (drainage and waste disposal), in subparagraph (a) of the second column of requirement H3(2) (rainwater drainage)—
(i) for “M1 (access and use), or” substitute “M1 (access to and use of buildings other than dwellings),”, and
(ii) at the end of the subparagraph insert “, or requirement M4(1), (2) or (3) (access to and use of dwellings)”.
(b) for Part M (access to and use of buildings) substitute the following Part—
| “ PART M ACCESS TO AND USE OF BUILDINGS | |
|---|---|
Access to and use of buildings other than dwellings M1. Reasonable provision must be made for people to— (a) gain access to; and (b) use, the building and its facilities. Access to extensions to buildings other than dwellings M2. Suitable independent access must be provided to the extension where reasonably practicable. Sanitary conveniences in extensions to buildings other than dwellings M3. If sanitary conveniences are provided in any building that is to be extended, reasonable provision shall be made within the extension for sanitary conveniences. Access to and use of dwellings Category 1- visitable dwelling M4(1). Reasonable provision must be made for people to— (a) gain access to; and (b) use, the dwelling and its facilities Category 2- accessible and adaptable dwellings M4(2) optional requirement (1) Reasonable provision must be made for people to— (a) gain access to; and (b) use, the dwelling and its facilities. (2) The provision made must be sufficient to— (a) meet the needs of occupants with differing needs, including some older or disabled people; and (b) to allow adaptation of the dwelling to meet the changing needs of occupants over time. Category 3- wheelchair user dwellings M4(3) optional requirement (1) Reasonable provision must be made for people to— (a) gain access to; and (b) use, the dwelling and its facilities. (2) The provision made must be sufficient to— (a) allow simple adaptation of the dwelling to meet the needs of occupants who use wheelchairs; or (b) meet the needs of occupants who use wheelchairs. | Requirement M1 does not apply to any part of a building that is used solely to enable the building or any service or fitting in the building to be inspected, repaired or maintained. Requirement M2 does not apply where suitable access to the extension is provided through the building that is extended. Requirement M3 does not apply where there is reasonable provision for sanitary conveniences elsewhere in the building, such that people occupied in, or otherwise having occasion to enter the extension, can gain access to and use those sanitary conveniences. Requirement M4(1) does not apply to: (a) an extension to a dwelling; or (b) any part of a building that is used solely to enable the building or any service or fitting in the building to be inspected, repaired or maintained. Optional requirement M4(2)— (a) may apply only in relation to a dwelling that is erected; (b) will apply in substitution for requirement M4(1); (c) does not apply where optional requirement M4(3) applies; (d) does not apply to any part of a building that is used solely to enable the building or any service or fitting in the building to be inspected, repaired or maintained. Optional requirement M4(3)— (a) may apply only in relation to a dwelling that is erected; (b) will apply in substitution for requirement M4(1); (c) does not apply where optional requirement M4(2) applies; (d) does not apply to any part of a building that is used solely to enable the building or any service or fitting in the building to be inspected, repaired or maintained. Optional requirement M4(3)(2)(b) applies only where the planning permission under which the building work is carried out specifies that it shall be complied with. ” |
(c) after Part P (electrical safety) add the following Part—
“ PART Q SECURITY Unauthorised access Q1 Reasonable provision must be made to resist unauthorised access to— (a) any dwelling; and (b) any part of a building from which access can be gained to a flat within the building. | Requirement Q1 applies only in relation to new dwellings. ” |
(12) For the table in Schedule 3( 11 ) (self-certification schemes and exemptions from requirement to give building notice or deposit full plans) substitute the table in Schedule 1 to these Regulations.
Amendments to the Building (Approved Inspectors etc.) Regulations 2010
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transitional provisions
4. Regulations 2(3), (5), (6), (8), (9), and (11)(a) and (b), and 3(3) to (9) shall not apply in relation to building work in respect of which a building notice, an initial notice, a plans certificate, an amendment notice or a public body’s notice has been given to, or full plans deposited with, a local authority before 1st October 2015.
5. Regulation 2(4) and (11)(c) shall not apply in relation to building work that is started before 1st October 2016 in respect of which a building notice, an initial notice, a plans certificate, an amendment notice or a public body’s notice has been given to, or full plans deposited with, a local authority before 1st October 2015.
Signed by authority of the Secretary of State for Communities and Local Government
Ahmad
Parliamentary Under Secretary of State
Department for Communities and Local Government
26th March 2015
Regulation 2(12)
SCHEDULE 1
“ Column 1 Type of work | Column 2 Person carrying out work |
|---|---|
| 1. Installation of a heat-producing gas appliance. This paragraph does not apply to the provision of a masonry chimney. | A person, or an employee of a person, who is a member of a class of persons approved in accordance with regulation 3 of the Gas Safety (Installation and Use) Regulations 1998 ( 12 ) . |
2. Installation of— (a) an oil-fired combustion appliance; or (b) oil storage tanks and the pipes connecting them to combustion appliances. This paragraph does not apply to the provision of a masonry chimney. | A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited ( 13 ) , Blue Flame Certification Limited ( 14 ) , Building Engineering Services Competence Assessment Limited ( 15 ) , Certsure LLP ( 16 ) , HETAS Limited ( 17 ) , NAPIT Registration Limited ( 18 ) , Oil Firing Technical Association Limited ( 19 ) , or Stroma Certification Limited ( 20 ) . |
| 3. Installation of a solid fuel-burning combustion appliance other than a biomass appliance. This paragraph does not apply to the provision of a masonry chimney. | A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited, NAPIT Registration Limited, Oil Firing Technical Association Limited, or Stroma Certification Limited. |
| 4. Installation of a heating or hot water system, or its associated controls. | A person, or an employee of a person, who is a member of a class of persons approved in accordance with regulation 3 of the Gas Safety (Installation and Use) Regulations 1998, or a person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Blue Flame Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited, NAPIT Registration Limited, Oil Firing Technical Association Limited, or Stroma Certification Limited. |
| 5. Installation of a mechanical ventilation or air conditioning system or associated controls, in a building other than a dwelling, that does not involve work on a system shared with parts of the building occupied separately. | A person registered in respect of that type of work by Blue Flame Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, NAPIT Registration Limited, or Stroma Certification Limited. |
| 6. Installation of an air conditioning or ventilation system in a dwelling, that does not involve work on a system shared with other dwellings. | A person registered in respect of that type of work by Blue Flame Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, NAPIT Registration Limited, or Stroma Certification Limited. |
| 7. Installation of an energy efficient lighting system or electric heating system, or associated electrical controls, in buildings other than dwellings. | A person registered in respect of that type of work by Blue Flame Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, NAPIT Registration Limited, or Stroma Certification Limited. |
| 8. Installation of fixed low or extra-low voltage electrical installations in dwellings. | A person registered in respect of that type of work by BSI Assurance UK Limited ( 21 ) , Benchmark Certification Limited, Blue Flame Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, NAPIT Registration Limited, Oil Firing Technical Association Limited, or Stroma Certification Limited. |
| 9. Installation of fixed low or extra-low voltage electrical installations in dwellings, as a necessary adjunct to or arising out of other work being carried out by the registered person. | A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Blue Flame Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, NAPIT Registration Limited, or Stroma Certification Limited. |
| 10. Installation, as a replacement, of a window, rooflight, roof window or door in an existing dwelling. | A person registered in respect of that type of work by BM Trada Certification Limited ( 22 ) , BSI Assurance UK Limited, Blue Flame Certification Limited, CERTASS Limited ( 23 ) , Certsure LLP, by Fensa Limited ( 24 ) under the Fenestration Self-Assessment Scheme, by NAPIT Registration Limited, Network VEKA Limited ( 25 ) , or Stroma Certification Limited. |
| 11. Installation, as a replacement, of a window, rooflight, roof window or door in an existing building other than a dwelling. This paragraph does not apply to glass which is load bearing or structural or which forms part of glazed curtain walling or a revolving door. | A person registered in respect of that type of work by BM Trada Certification Limited, Blue Flame Certification Limited, CERTASS Limited, Certsure LLP, by Fensa Limited under the Fenestration Self-Assessment Scheme, by NAPIT Registration Limited, Network VEKA Limited, or Stroma Certification Limited. |
| 12. Installation of a sanitary convenience, sink, washbasin, bidet, fixed bath, shower or bathroom in a dwelling, that does not involve work on shared or underground drainage. | A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited, NAPIT Registration Limited, or Stroma Certification Limited. |
| 13. Installation of a wholesome cold water supply or a softened wholesome cold water supply. | A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited, NAPIT Registration Limited, or Stroma Certification Limited. |
| 14. Installation of a supply of non-wholesome water to a sanitary convenience fitted with a flushing device, that does not involve work on shared or underground drainage. | A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited, NAPIT Registration Limited, or Stroma Certification Limited. |
15. Installation in a building of a system to produce electricity, heat or cooling— (a) by microgeneration; or (b) from renewable sources (as defined in Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources ( 26 ) ). | A person registered in respect of that type of work by Association of Plumbing and Heating Contractors (Certification) Limited, Benchmark Certification Limited, Building Engineering Services Competence Assessment Limited, Certsure LLP, HETAS Limited, NAPIT Registration Limited, Oil Firing Technical Association Limited, or Stroma Certification Limited. |
| 16. Installation, as a replacement, of the covering of a pitched or flat roof and work carried out by the registered person as a necessary adjunct to that installation. This paragraph does not apply to the installation of solar panels. | A person registered in respect of that type of work by NAPIT Registration Limited or the National Federation of Roofing Contractors Limited ( 27 ) . |
| 17. Insertion of insulating material into the cavity walls of an existing building. | A person registered in respect of that type of work by Blue Flame Certification Limited, CERTASS Limited, Cavity Insulation Guarantee Agency Limited ( 28 ) under the Cavity Wall Insulation Self Certification Scheme, by Certsure LLP, NAPIT Registration Limited, or Stroma Certification Limited. |
| 18. Installation of insulating material to the internal walls of a building, not including the installation of flexible thermal linings. | A person registered in respect of that type of work by Blue Flame Certification Limited, British Board of Agrément ( 29 ) , CERTASS Limited, Certsure LLP, NAPIT Registration Limited, or Stroma Certification Limited. |
| 19. Installation of insulating material to the external walls of a building, not including insulation of demountable-clad buildings. | A person registered in respect of that type of work by Blue Flame Certification Limited, British Board of Agrément, CERTASS Limited, Certsure LLP, NAPIT Registration Limited, or Stroma Certification Limited. |
| 20. Installation of insulating material to the external and internal walls of a building (“hybrid insulation”), not including insulation of demountable-clad buildings, and not including the installation of flexible thermal linings. | A person registered in respect of that type of work by Blue Flame Certification Limited, British Board of Agrément, CERTASS Limited, Certsure LLP, NAPIT Registration Limited or Stroma Certification Limited. ” |
Regulation 3(3)
SCHEDULE 2 Forms for substitution in Schedule 1 to the Building (Approved Inspectors etc.) Regulations 2010
1984 c.55 . Section 1 was amended by section 1(1) to (3) of the Sustainable and Secure Buildings Act 2004 (c.22) . Section 2B was inserted by section 42 of the Deregulation Act 2015 (c.20) . Paragraph 4A of Schedule 1 was inserted by section 8(1), paragraph 7 was amended by section 3(1) to (5), and paragraph 8(1) amended by section 3(6) of the Sustainable and Secure Buildings Act 2004. Paragraph 7(a)(xxiie) of Schedule 1 was inserted by section 11 of the Climate Change and Sustainable Energy Act 2006 (c.19) .
Section 14(3) was amended by article 8(3) of S.I. 2009/3019 .
S.I. 2010/2214 , as amended as described in the footnotes on specific provisions below. There are other amendments, but they are not relevant.
1990 c.8 , as amended by section 84(6) of and Part 1 of Schedule 19 to the Planning and Compensation Act 1991, and article 5(d) of S.I. 2006/1281 .
As amended by S.I. 2011/1515 .
As amended by S.I. 2012/3119 .
As amended by S.I. 2012/3119 .
A company formed and registered under the Companies Acts with the registration number 09309058.
As amended by S.I. 2012/3119 .
As amended by S.I. 2014/579 .
A company formed and registered under the Companies Acts (as defined in section 2 of the Companies Act 2006, c.46 ) with the registration number 02876277.
A company formed and registered under the Companies Acts with the registration number 05182566.
A company formed and registered under the Companies Acts with the registration number 03712932.
A limited liability partnership formed and registered under the Limited Liability Partnerships Act 2000 (c.12) with the registration number OC379918.
A company formed and registered under the Companies Acts with the registration number 02117828.
A company formed and registered under the Companies Acts with the registration number 05190452.
A company formed and registered under the Companies Acts with the registration number 02739706.
A company formed and registered under the Companies Acts with the registration number 06429016.
A company formed and registered under the Companies Acts with the registration number 07805321.
A company formed and registered under the Companies Acts with the registration number 02110046.
A company formed and registered under the Companies Acts with the registration number 04350234.
A company formed and registered under the Companies Acts with the registration number 03058561.
A company formed and registered under the Companies Acts with the registration number 04029350.
OJ No L218, 5.6.2009, p.16, Article 2.
A company formed and registered under the Companies Acts with the registration number 02591364.
A company formed and registered under the Companies Acts with the registration number 03044131.
A company formed and registered under the Companies Acts with the registration number 00878293.