The Building and Approved Inspectors (Amendment) Regulations 2007

• Citation: S.I. 2007/3384
• Sections: 4

Section 1 Citation and commencement

(1) These Regulations may be cited as the Building and Approved Inspectors (Amendment) Regulations 2007.

(2) Subject to regulation 4 (transitional provisions)—

(a) this regulation and regulations 2(1), 2(4) and 4 shall come into force on 2nd January 2008; and

(b) regulations 2(2), 2(3), 2(5) and 3 shall come into force on 6th April 2008.

Section 2 Amendment of the Building Regulations 2000

(1) The Building Regulations 2000 are amended as follows.

(2) In regulation 20C (commissioning) for paragraph (1) substitute—

(1) This regulation applies to building work in relation to which paragraph L1(b) of Schedule 1 imposes a requirement, but does not apply to the provision or extension of any fixed building service where testing and adjustment is not possible or would not affect the energy efficiency of that fixed building service.

(3) In column 1 of paragraph L1 of Part L of Schedule 1 (conservation of fuel and power) for sub-paragraph (b) substitute—

(b) providing fixed building services which—

(i) are energy efficient;

(ii) have effective controls; and

(iii) are commissioned by testing and adjusting as necessary to ensure they use no more fuel and power than is reasonable in the circumstances; and

(4) In Schedule 2A (self-certification schemes)—

(a) in column 2 of paragraph 3 for “An individual registered by” substitute “A person registered by NICEIC Group Limited , Association of Plumbing and Heating Contractors (Certification) Limited ,”;

(b) in column 1 of paragraph 4 for “50 kilowatts” substitute “100 kilowatts”.

(5) In Schedule 2B (descriptions of work where no building notice or deposit of full plans required)—

(a) In paragraph 1—

(i) For sub-paragraphs (f) and (g) substitute—

(f) in relation to an existing fixed building service, which is not a fixed internal or external lighting system—

(i) replacing any part which is not a combustion appliance;

(ii) adding an output device; or

(iii) adding a control device,

where testing and adjustment of the work is not possible or would not affect the use by the fixed building service of no more fuel and power than is reasonable in the circumstances;

(g) providing a self-contained fixed building service, which is not a fixed internal or external lighting system, where—

(i) it is not a combustion appliance;

(ii) any electrical work associated with its provision is exempt from the requirement to give a building notice or to deposit full plans by virtue of regulation 9 or regulation 12(5)(b);

(iii) testing and adjustment is not possible or would not affect its energy efficiency; and

(iv) in the case of a mechanical ventilation appliance, the appliance is not installed in a room containing an open-flued combustion appliance whose combustion products are discharged through a natural draught flue;

(ii) at the end add—

(j) replacing—

(i) a sanitary convenience;

(ii) a washbasin;

(iii) a fixed bath;

(iv) a fixed shower bath;

(v) a rainwater gutter; or

(vi) a rainwater downpipe,

where the work does not include any work to underground drainage, and includes no work to the hot or cold water system or above ground drainage which may prejudice the health or safety of any person on completion of the work.

(b) in paragraph 4 after the definition of “kitchen” insert—

“self-contained” in relation to a fixed building service means consisting of a single appliance and any associated controls which is neither connected to, nor forms part of, any other fixed building service;

Section 3 Amendment of the Building (Approved Inspectors etc. ) Regulations 2000

(1) The Building (Approved Inspectors etc.) Regulations 2000 are amended as follows.

(2) In regulation 12C (commissioning)—

(a) for paragraph (1) substitute—

(1) This regulation applies to building work which is the subject of an initial notice, and in relation to which paragraph L1(b) of Schedule 1 to the Principal Regulations imposes a requirement, but does not apply to the provision or extension of any fixed building service where testing and adjustment is not possible or would not affect the energy efficiency of that fixed building service.

(b) for paragraph (3) substitute—

(3) Subject to paragraphs (4) and (5), the notice shall be given to the approved inspector not later than five days after completion of the work to which the initial notice relates.

(4) Where regulation 11A applies, the notice shall be given not later than the date on which the notice or certificate required by that regulation must be given.

(5) Where regulation 18 applies, the notice shall be given not later than the date on which the initial notice ceases to be in force or, if earlier, the end of the period referred to in paragraph (3).

Section 4 Transitional provisions

(1) Subject to paragraph (2), the Building Regulations 2000 (“the Building Regulations”) and the Building (Approved Inspectors etc.) Regulations 2000 (“the Approved Inspectors Regulations”) shall continue to apply to any building work as if the amendments made by regulations 2(2), 2(5) and 3(2) had not been made where—

(a) before 6th April 2008 a building notice, an initial notice, an amendment notice or a public body’s notice has been given to, or full plans have been deposited with, a local authority; and

(b) building work is carried out or is to be carried out in accordance with any such notice or plans, whether with or without any departure from such plans.

(2) Where an initial notice given before 6th April 2008 is varied by an amendment notice given on or after that date, the Building Regulations and the Approved Inspectors Regulations shall continue to apply as if the amendments made by regulations 2(2), 2(5) and 3(2) 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) Subject to paragraph (4), where before 2nd January 2008—

(a) work is commenced in accordance with a building notice, an initial notice, an amendment notice or a public body’s notice given to, or full plans deposited with, a local authority; or

(b) building work to which regulation 12(5) of the Building Regulations applies (exemption from the requirement to give a building notice or deposit full plans) is commenced,

the Building Regulations shall continue to apply to that work as if the amendment made by regulation 2(4)(b) of these Regulations had not been made.

(4) Where an initial notice given before 2nd January 2008 is varied by an amendment notice given on or after that date, the Building Regulations and the Approved Inspectors Regulations shall continue to apply as if the amendment made by regulation 2(4)(b) 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.

(5) The Building Regulations and the Approved Inspectors Regulations shall continue to apply to any building work as if the amendments made by regulations 2(2), 2(5) and 3(2) had not been made where building work is—

(a) commenced before 6th April 2008; or

(b) the contract for the provision of the work is entered into before that date and the work is commenced before 1st October 2008.