The Building Regulations (Amendment) Regulations 1998

• Citation: S.I. 1998/2561
• Sections: 6

Section 1 Citation and commencement

These Regulations may be cited as the Building Regulations (Amendment) Regulations 1998 and shall come into force on 25th October 1999.

Section 2 Amendment of the Building Regulations 1991

Schedule 1 to the Building Regulations 1991 (“the 1991 Regulations ”) shall be amended in accordance with regulation 3.

Section 3 Amendment of the Building Regulations 1991

For Part M (Access and Facilities for Disabled People) there shall be substituted the following Part–

Interpretation

(M1) In this Part “disabled people” means people who have–

(a) an impairment which limits their ability to walk or which requires them to use a wheelchair for mobility, or

(b) impaired hearing or sight.

Access and use

(M2) Reasonable provision shall be made for disabled people to gain access to and to use the building.

Sanitary conveniences

(M3)

(1) Reasonable provision shall be made in the entrance storey of a dwelling for sanitary conveniences, or where the entrance storey contains no habitable rooms, reasonable provision for sanitary conveniences shall be made in either the entrance storey or principal storey.

(2) In this paragraph “entrance storey” means the storey which contains the principal entrance to the dwelling, and “principal storey” means the storey nearest to the entrance storey which contains a habitable room, or if there are two such storeys equally near, either such storey.

(3) If sanitary conveniences are provided in any building which is not a dwelling, reasonable provision shall be made for disabled people.

(1) The requirements of this Part do not apply to–

(a) a material alteration;

(b) an extension to a dwelling, or any other extension which does not include a ground storey;

(c) any part of a building which is used solely to enable the building or any service or fitting in the building to be inspected, repaired or maintained.

Audience or spectator seating

(M4) If the building contains audience or spectator seating, reasonable provision shall be made to accommodate disabled people.

(2) Part M4 does not apply to dwellings.

Section 4 Transitional Provisions

Where before 25th October 1999 the erection of a building has begun in accordance with–

(a) a building notice given to, or full plans deposited with, a local authority and a notice given to the local authority under regulation 14(1) of the 1991 Regulations; or

(b) an initial notice, an amendment notice or a public body’s notice given in accordance with section 47(1), 51A(2) or 54(1) respectively of the Act

the 1991 Regulations shall continue to apply to the erection of that building as if these Regulations had not been made.

Section 5 Transitional Provisions

Where before 1st June 1999 full plans of a building have been deposited with a local authority and either–

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

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

the 1991 Regulations shall apply to the erection of that building as if these Regulations had not been made, whether or not the erection of the building departs from those plans.

Section 6 Transitional Provisions

Where plans of a building are the subject of a plans certificate, or a plans certificate combined with an initial notice, given to a local authority before 1st June 1999 in accordance with section 50 of the Act, and accepted by the local authority either before or after that date, the 1991 Regulations shall apply to the erection of that building as if these Regulations had not been made, whether or not the erection of the building departs from those plans.