The Building (Amendment) Regulations 2001

• Citation: S.I. 2001/3335
• Sections: 18

Section 1 Citation, commencement and interpretation

(1) These Regulations may be cited as the Building (Amendment) Regulations 2001 and shall come into force on 1st April 2002.

(2) In these Regulations—

“ the Act ” means the Building Act 1984; and

“the principal Regulations ” means the Building Regulations 2000 .

Section 2 Amendment of the Building Regulations 2000

(1) The principal Regulations shall be amended as follows.

(2) In regulation 2 (interpretation), in the definition of “controlled service or fitting” in paragraph (1), for the words “Part G, H or J” there shall be substituted the words “Part G, H, J or L”.

(3) In regulation 3(1) (meaning of building work), in sub-paragraph (b), before the words “the provision or” there shall be inserted the words “subject to paragraph (1A),”.

(4) After regulation 3(1) there shall be inserted the following paragraph—

(1A) The provision or extension of a controlled service or fitting—

(a) in or in connection with an existing dwelling; and

(b) being a service or fitting in relation to which paragraph L1, but not Part G, H or J, of Schedule 1 imposes a requirement,

shall only be building work where that work consists of the provision of a window, rooflight, roof window, door (being a door which together with its frame has more than 50 per cent of its internal face area glazed), a space heating or hot water service boiler, or a hot water vessel.

(5) In regulation 6 (requirements relating to material change of use), in paragraph (1)(a)—

(a) after “G2 (bathrooms)” there shall be inserted “H1 (foul water drainage)”;

(b) for “H4” there shall be substituted “H6”;

(c) for the words “heat producing appliances” there shall be substituted the words “combustion appliances”;

(d) after the words “conservation of fuel and power” there shall be inserted the word “-dwellings”; and

(e) at the end of the sub-paragraph there shall be added “L2 (conservation of fuel and power—buildings other than dwellings);”.

(6) In regulation 8 (limitation on requirements) after the words “A to K and N” there shall be inserted the words “(except for paragraphs H2 and J6)”.

(7) In regulation 12 (giving of a building notice or deposit of plans), after paragraph (4), there shall be inserted the following paragraph—

(4A) A person shall deposit full plans where he intends to carry out building work in relation to which paragraph H4 of Schedule 1 imposes a requirement.

(8) In regulation 13 (particulars and plans where a building notice is given), paragraph (2)(c)(ii) shall be omitted.

(9) In regulation 14 (full plans), after paragraph (3)(a), there shall be inserted the following sub-paragraph—

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

(10) After regulation 14 there shall be inserted the following regulation—

Consultation with sewerage undertaker

(14A)

(1) This regulation applies where full plans have been deposited with the local authority and paragraph H4 of Schedule 1 imposes requirements in relation to the building work which is the subject of those plans.

(2) Where this regulation applies the local authority shall consult the sewerage undertaker—

(a) as soon as practicable after the plans have been deposited; and

(b) before issuing any completion certificate in relation to the building work in accordance with regulation 17 pursuant to a request under regulation 14(5).

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

(a) give to the sewerage undertaker, in a case where they are consulting them following the deposit of full plans, sufficient plans to show whether the work would, if carried out in accordance with those plans, comply with the applicable requirements of paragraph H4 of Schedule 1;

(b) have regard to any views expressed by the sewerage undertaker; and

(c) not pass plans or issue a completion certificate until 15 days have elapsed from the date on which they consulted the sewerage undertaker, unless the sewerage undertaker has expressed its views to them before the expiry of that period.

(11) For regulation 18 there shall be substituted the following regulation—

Testing of building work

(18) The local authority may make such tests of any building work as may be necessary to establish whether it complies with regulation 7 or any of the applicable requirements contained in Schedule 1.

(12) For Parts H, J and L of Schedule 1 there shall be substituted the Parts set out respectively in the Schedule to these Regulations.

Section 3 Repeals and modifications of the Building Act 1984

(1) Section 18 (building over sewer etc. ) of the Act, and in section 21 (provision of drainage) of the Act, subsections (1) and (2), shall be repealed.

(2) In section 21(3) of the Act—

(a) for the words “(1) above” there shall be substituted the words “(4) below”; and

(b) for paragraphs (a) and (b) there shall be substituted the words “whether a proposed drain shall be required to connect with a sewer”.

(3) In section 21(4) of the Act for the words “A proposed drain” to “a sewer unless” there shall be substituted the following—

Where plans of a building or of an extension of a building are, in accordance with building regulations, deposited with a local authority, the local authority, or on appeal a magistrates' court, may require a proposed drain to connect with a sewer where

(4) In section 59 (drainage of building) of the Act—

(a) in subsection (1)(a) the words “as defined in section 21(2) above” shall be omitted; and

(b) after subsection (4) there shall be added the following subsection—

(5) In subsection (1) above, “drainage” includes the conveyance, by means of a sink and any other necessary appliance, of refuse water and the conveyance of rainwater from roofs.

Section 4 Transitional provisions

(1) Subject to paragraph (2), where before 1st April 2002 building work has commenced in accordance with—

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

(b) an initial notice, 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 principal Regulations and the provisions of the Act repealed or modified by regulation 3 shall continue to apply to that building work as if these Regulations had not been made.

(2) Where an initial notice given before 1st April 2002 is varied by an amendment notice given on or after that date, the principal Regulations and the provisions of the Act repealed or modified by regulation 3 shall continue to apply as if these Regulations had not been made, to so much of the building work as could have been carried out under that initial notice if the amendment notice had not been given.

(3) Where before 1st April 2002 full plans of building work have been deposited with a local authority in accordance with regulation 12(2) of the principal Regulations and the local authority has, before that date—

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

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

the principal Regulations and the provisions of the Act repealed or modified by regulation 3 shall continue to apply to that building work as if these Regulations had not been made, whether or not the building work departs from those plans.

(4) Where plans of building work are the subject of a plans certificate, or a plans certificate combined with an initial notice, given to a local authority before 1st April 2002 in accordance with section 50 of the Act, and accepted by the local authority either before, on or after that date, the principal Regulations and the provisions of the Act repealed or modified by regulation 3 shall continue to apply to that building work as if these Regulations had not been made, whether or not the building work departs from those plans.

(5) Paragraphs (1) to (4) shall not apply to the amendment made by these Regulations to regulation 18 of the principal Regulations.

(6) In paragraphs (1) to (4) “building work” has the same meaning as in the principal Regulations.

H1 Foul water drainage

(1) An adequate system of drainage shall be provided to carry foul water from appliances within the building to one of the following, listed in order of priority—

(a) a public sewer; or, where that is not reasonably practicable,

(b) a private sewer communicating with a public sewer; or, where that is not reasonably practicable,

(c) either a septic tank which has an appropriate form of secondary treatment or another wastewater treatment system; or, where that is not reasonably practicable,

(d) a cesspool.

H2 Wastewater treatment systems and cesspools

(1) Any septic tank and its form of secondary treatment, other wastewater treatment system or cesspool, shall be so sited and constructed that—

(a) it is not prejudicial to the health of any person;

(b) it will not contaminate any watercourse, underground water or water supply;

(c) there are adequate means of access for emptying and maintenance; and

(d) where relevant, it will function to a sufficient standard for the protection of health in the event of a power failure.

H3 Rainwater drainage

(1) Adequate provision shall be made for rainwater to be carried from the roof of the building.

H4 Building over sewers

(1) The erection or extension of a building or work involving the underpinning of a building shall be carried out in a way that is not detrimental to the building or building extension or to the continued maintenance of the drain, sewer or disposal main.

(2) In this paragraph “disposal main” means any pipe, tunnel or conduit used for the conveyance of effluent to or from a sewage disposal works, which is not a public sewer.

(3) In this paragraph and paragraph H5 “map of sewers” means any records kept by a sewerage undertaker under section 199 of the Water Industry Act 1991 .

H5 Separate systems of drainage

Any system for discharging water to a sewer which is provided pursuant to paragraph H3 shall be separate from that provided for the conveyance of foul water from the building.

H6 Solid waste storage

(1) Adequate provision shall be made for storage of solid waste.

(2) Adequate means of access shall be provided—

(a) for people in the building to the place of storage; and

(b) from the place of storage to a collection point (where one has been specified by the waste collection authority under section 46 (household waste) or section 47 (commercial waste) of the Environmental Protection Act 1990 ) or to a street (where no collection point has been specified).

J1 Air supply

Combustion appliances shall be so installed that there is an adequate supply of air to them for combustion, to prevent over-heating and for the efficient working of any flue.

J2 Discharge of products of combustion

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

J3 Protection of building

Combustion appliances and flue-pipes shall be so installed, and fireplaces and chimneys shall be so constructed and installed, as to reduce to a reasonable level the risk of people suffering burns or the building catching fire in consequence of their use.

J4 Provision of information

Where a hearth, fireplace, flue or chimney is provided or extended, a durable notice containing information on the performance capabilities of the hearth, fireplace, flue or chimney shall be affixed in a suitable place in the building for the purpose of enabling combustion appliances to be safely installed.

J5 Protection of liquid fuel storage systems

Liquid fuel storage systems and the pipes connecting them to combustion appliances shall be so constructed and separated from buildings and the boundary of the premises as to reduce to a reasonable level the risk of the fuel igniting in the event of fire in adjacent buildings or premises.

J6 Protection against pollution

Oil storage tanks and the pipes connecting them to combustion appliances shall—

(a) be so constructed and protected as to reduce to a reasonable level the risk of the oil escaping and causing pollution; and

(b) have affixed in a prominent position a durable notice containing information on how to respond to an oil escape so as to reduce to a reasonable level the risk of pollution.

L1 Dwellings

Reasonable provision shall be made for the conservation of fuel and power in dwellings by—

(a) limiting the heat loss:

(i) through the fabric of the building;

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

(iii) from hot water vessels;

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

L2 Buildings other than dwellings

Reasonable provision shall be made for the conservation of fuel and power in buildings other than dwellings by—

(a) limiting the heat losses and gains through the fabric of the building;

(b) limiting the heat loss:

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

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

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

(d) limiting exposure to solar overheating;