The Building (Amendment) Regulations 2002

• Citation: S.I. 2002/440
• Sections: 6

Section 1 Citation and commencement

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

Section 2 Amendment of the Building Regulations 2000

(1) The Building Regulations 2000 shall be amended as follows.

(2) In regulation 12 (giving of a building notice or deposit of plans) for paragraph (5) there shall be substituted the following paragraph—

(5) A person who intends to carry out building work consisting only of the work described in column 1 of Schedule 2A is not required to give a building notice or deposit full plans if the work is to be carried out by a person described in the corresponding entry in column 2 of that Schedule, and paragraphs 1 and 2 at the end of that Schedule have effect for the purposes of those descriptions.

(3) In regulation 15 (notice of commencement and completion of certain stages of work)—

(a) for the words “A person” in paragraphs (1) to (4), there shall be substituted the words “Subject to paragraph (8), a person”; and

(b) after paragraph (7) there shall be added the following paragraph—

(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.

(4) After regulation 16 there shall be inserted the following regulation—

Provisions applicable to replacement windows, rooflights, roof windows and doors

(16A)

(1) This regulation applies where building work consists only of the installation, as a replacement, of a window, rooflight, roof window or door in an existing building and the work is carried out by a person who is registered under the Fenestration Self-Assessment Scheme by Fensa Ltd in respect of that type of work.

(2) For the purposes of paragraph (1), “installation” includes any work which is necessary to ensure that the building work complies with the applicable requirements contained in Schedule 1.

(3) Where this regulation applies, the local authority is 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 building work.

(4) Where this regulation applies, the person carrying out the building work shall, not more than 10 days after that work has been completed, give the local authority—

(a) notice to that effect; or

(b) the certificate referred to in paragraph (3).

(5) In regulation 20 (supervision of building work otherwise than by local authorities) in paragraph (1) after “16” there shall be inserted “16A,”.

(6) After Schedule 2 there shall be inserted Schedule 2A which is set out in the Schedule to these Regulations.

Section 3 Transitional provision

Regulation 16A of the Building Regulations 2000 shall not apply in relation to building work if—

(a) the contract for the provision of the work was entered into before 1st April 2002; and

(b) the work is completed before 1st July 2002.

Section 4 Modification of the Building Act 1984

In section 59 of the Building Act 1984 (drainage of building), the subsection (5) which was inserted by regulation 3(4)(b) of the Building (Amendment) Regulations 2001 shall be renumbered as subsection (6) .

Section 1 Interpretation and application

For the purposes of this Schedule—

“appliance” includes any fittings or services, other than a hot water storage vessel which does not incorporate a vent pipe to the atmosphere, which form part of the space heating or hot water system served by the combustion appliance; and

“building work” does not include the provision of a masonry chimney.

Section 2 Interpretation and application

The final entry in the table above does not apply to building work which is necessary to ensure that a heat-producing gas appliance complies with the applicable requirements contained in Schedule 1 unless the appliance—

(a) has a net rated heat input of 70 kilowatts or less; and

(b) is installed in a building with no more than 3 storeys (excluding any basement).