The Building and Approved Inspectors (Amendment) Regulations 2010

• Citation: S.I. 2010/719
• Sections: 28

Section 1 Citation and commencement

(1) These Regulations may be cited as the Building and Approved Inspectors (Amendment) Regulations 2010.

(2) Regulations 1 and 21 to 24 shall come into force on 5th April 2010.

(3) Regulations 2 (for the purposes of regulations 13 and 14), 13 and 14 shall come into force on 6th April 2010.

(4) Regulations 2 (for all other purposes), 3 to 12, 15 to 20 and 25 to 28 shall come into force on 1st October 2010.

Section 2 Amendment of the Building Regulations 2000

The Building Regulations 2000 are amended as follows.

Section 3 Amendment of regulation 9

In regulation 9 (exempt buildings and work)—

(a) in paragraph (3)(b) for “falling within class VII in Schedule 2” substitute “to which paragraph (5A) applies”;

(b) after paragraph (5) insert—

(5A) This paragraph applies to any extension of a building falling within class VII in Schedule 2 except a conservatory or porch—

(a) where any wall, door or window separating the conservatory or porch from that building has been removed and not replaced with a wall, door or window; or

(b) into which the building’s heating system has been extended.

Section 4 New regulation 16C

After regulation 16B (fire safety information) insert—

Information about ventilation

(16C)

(1) This regulation applies where Part F1(1) of Schedule 1 imposes a requirement in relation to building work.

(2) The person carrying out the work shall not later than five days after the work has been completed give sufficient information to the owner about the building’s ventilation system and its maintenance requirements so that the ventilation system can be operated in such a manner as to provide adequate means of ventilation.

Section 5 Amendment of regulation 20

In regulation 20 (supervision of building work otherwise than by local authorities), in paragraph (1) after “20A,” insert “20AA,”.

Section 6 New regulation 20AA

After regulation 20A (sound insulation testing) insert—

Mechanical ventilation air flow rate testing

(20AA)

(1) This regulation applies where paragraph F1(1) of Schedule 1 imposes a requirement in relation to the creation of a new dwelling by building work.

(2) The person carrying out the work shall, for the purpose of ensuring compliance with paragraph F1(1) of Schedule 1—

(a) ensure that testing of the mechanical ventilation air flow rate is carried out in accordance with a procedure approved by the Secretary of State; and

(b) give notice of the results of the testing to the local authority.

(3) The notice referred to in paragraph (2)(b) shall—

(a) record the results and the data upon which they are based in a manner approved by the Secretary of State; and

(b) be given to the local authority not later than five days after the final test is carried out.

Section 7 Amendment of regulation 20C

In regulation 20C (commissioning)—

(a) before paragraph (1) insert—

(A1) This regulation applies to building work in relation to which paragraph F1(2) of Schedule 1 imposes a requirement, but does not apply to the provision or extension of any fixed system for mechanical ventilation or any associated controls where testing and adjustment is not possible.

(b) in paragraph (2) after “paragraph” insert “F1(2) or”.

Section 8 Substitution of new regulation 20D

For regulation 20D (CO 2 emission rate calculations) substitute—

CO 2 emission rate calculations

(20D)

(1) This regulation applies where a building is erected and regulation 17C applies.

(2) Not later than the day before the work starts, the person carrying out the work shall give the local authority a notice which specifies—

(a) the target CO 2 emission rate for the building,

(b) the calculated CO 2 emission rate for the building as designed, and

(c) a list of specifications to which the building is to be constructed.

(3) Not later than five days after the work has been completed, the person carrying out the work shall give the local authority—

(a) a notice which specifies—

(i) the target CO 2 emission rate for the building,

(ii) the calculated CO 2 emission rate for the building as constructed, and

(iii) whether the building has been constructed in accordance with the list of specifications referred to in paragraph (2)(c), and if not a list of any changes to those specifications; or

(b) a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraph (a).

(4) A local authority is authorised to accept, as evidence that the requirements of regulation 17C have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce such certificates for that category of building.

(5) In this regulation—

“energy assessor” means an individual who is a member of an accreditation scheme approved by the Secretary of State in accordance with regulation 17F; and

“specifications” means specifications used for the calculation of the CO 2 emission rate.

Section 9 Amendment of regulation 22

In regulation 22 (contravention of certain regulations not to be an offence), after “20A,” insert “20AA,”.

Section 10 Amendment of regulation 22B

In regulation 22B (electronic service of documents), in paragraph (1)—

(a) after sub-paragraph (h) insert—

(ha) a notice under regulation 20AA(2)(b);

(b) in sub-paragraph (k) for “20D(1)” substitute “20D(2) or (3)”.

Section 11 Amendment of Part F of Schedule 1

In Part F of Schedule 1 (means of ventilation), in the first column of paragraph F1—

(a) the existing text becomes sub-paragraph (1);

(b) after sub-paragraph (1) insert—

(2) Fixed systems for mechanical ventilation and any associated controls must be commissioned by testing and adjusting as necessary to secure that the objective referred to in sub-paragraph (1) is met.

Section 12 Amendment of Part J of Schedule 1

In Part J of Schedule 1 (combustion appliances and fuel storage systems), after paragraph J2 insert—

Warning of release of carbon monoxide

J2A

Section 13 Amendment of Schedule 2A

In Schedule 2A (self-certification schemes and exemptions from requirement to give building notice or deposit full plans)—

(a) in paragraph 2 for the words in the second column substitute “A person registered by Association of Plumbing and Heating Contractors (Certification) Limited , Building Engineering Services Competence Accreditation Limited , Capita Gas Registration and Ancillary Services Limited , CORGI Services Limited , EC Certification Limited , HETAS Limited , NAPIT Registration Limited , NICEIC Group Limited or Oil Firing Technical Association Limited in respect of that type of work.”;

(b) in paragraph 3 in the second column, after “registered by” insert “CORGI Services Limited, EC Certification Limited, HETAS Limited,”;

(c) in paragraph 4 in the second column, after “registered by” insert “CORGI Services Limited, EC Certification Limited,”;

(d) in paragraph 5 for the words in the second column substitute “A person registered by Association of Plumbing and Heating Contractors (Certification) Limited, Building Engineering Services Competence Accreditation Limited, CORGI Services Limited, EC Certification Limited, HETAS Limited, NAPIT Registration Limited, NICEIC Group Limited or Oil Firing Technical Association Limited in respect of that type of work.”;

(e) after paragraph 5 insert—

(f) in paragraph 14, in the first column, in sub-paragraph (2) omit paragraph (a).

Section 14 Amendment of Schedule 2B

In Schedule 2B (descriptions of work where no building notice or deposit of full plans required), in paragraph 1 after sub-paragraph (l) insert—

(m) installation of thermal insulation in a roof space or loft space where—

(i) the work consists solely of the installation of such insulation, and

(ii) the work is not carried out in order to comply with any requirement of these Regulations.

Section 15 Amendment of the Building (Approved Inspectors etc. ) Regulations 2000

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

Section 16 Amendment of regulation 11

In regulation 11(1) (functions of approved inspectors)—

(a) in sub-paragraph (a) after “16B,” insert “16C,”;

(b) in sub-paragraph (c) after “12A,” insert “12AA,”.

Section 17 New regulation 12AA

After regulation 12A (sound insulation testing) insert—

Mechanical ventilation air flow rate testing

(12AA)

(1) This regulation applies where paragraph F1(1) of Schedule 1 to the Principal Regulations imposes a requirement in relation to the creation of a new dwelling by building work.

(2) The person carrying out the work shall, for the purpose of ensuring compliance with paragraph F1(1) of Schedule 1 to the Principal Regulations—

(a) ensure that testing of the mechanical ventilation air flow rate is carried out in accordance with a procedure approved by the Secretary of State; and

(b) give notice of the results of the testing to the approved inspector who gave the initial notice.

(3) The notice referred to in paragraph (2)(b) shall—

(a) record the results and the data upon which they are based in a manner approved by the Secretary of State; and

(b) be given to the approved inspector not later than five days after the final test is carried out.

Section 18 Amendment of regulation 12C

In regulation 12C (commissioning)—

(a) before paragraph (1) insert—

(A1) This regulation applies to building work which is the subject of an initial notice, and in relation to which paragraph F1(2) of Schedule 1 to the Principal Regulations imposes a requirement, but does not apply to the provision or extension of any fixed system for mechanical ventilation or any associated controls where testing and adjustment is not possible.

(b) in paragraph (2) after “paragraph” insert “F1(2) or”.

Section 19 Substitution of new regulation 12D

For regulation 12D substitute—

CO 2 emission rate calculations

(12D)

(1) This regulation applies where a building is erected and regulation 17C of the Principal Regulations applies to work which is the subject of an initial notice.

(2) Not later than the day before the work starts, the person carrying out the work shall give the approved inspector a notice which specifies—

(a) the target CO 2 emission rate for the building,

(b) the calculated CO 2 emission rate for the building as designed, and

(c) a list of specifications to which the building is to be constructed.

(3) Not later than five days after the work has been completed or, if earlier, the date on which in accordance with regulation 18 the initial notice ceases to be in force, the person carrying out the work shall give the approved inspector—

(a) a notice which specifies—

(i) the target CO 2 emission rate for the building,

(ii) the calculated CO 2 emission rate for the building as constructed, and

(iii) whether the building has been constructed in accordance with the list of specifications referred to in paragraph (2)(c), and if not a list of any changes to those specifications; or

(b) a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraph (a).

(4) An approved inspector is authorised to accept, as evidence that the requirements of regulation 17C of the Principal Regulations have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce such certificates for that category of building.

(5) In this regulation—

“energy assessor” means an individual who is a member of an accreditation scheme approved by the Secretary of State in accordance with regulation 17F; and

“specifications” means specifications used for the calculation of the CO 2 emission rate.

Section 20 Amendment of regulation 31A

In regulation 31A (electronic service of documents)—

(a) after paragraph (e) insert—

(ea) a notice under regulation 12AA(2)(b);

(b) in paragraph (h) for “12D(1) or (4)(b)” substitute “12D(2) or (3)”.

Section 21 Amendment of the Building and Approved Inspectors (Amendment) Regulations 2009

The Building and Approved Inspectors (Amendment) Regulations 2009 are amended as follows.

Section 22 Amendment of regulation 2

(1) In regulation 2(2) (amendment of regulation 2 of the Building Regulations 2000)—

(a) in sub-paragraph (a) at the end omit “and”;

(b) after sub-paragraph (a) insert—

(aa) in paragraph (1)—

(i) for the full stop at the end of the definition of “shop” substitute a semi-colon,

(ii) after the definition of “shop” insert—

“softened wholesome water” means water which would be regarded as wholesome for the purposes of regulations made under section 67 of the Water Industry Act 1991 (standards of wholesomeness) as they apply for the purposes of Part G of Schedule 1 in accordance with paragraph (2C) but for the presence of sodium in excess of the level specified in those regulations if it is caused by a water softener or water softening process which reduces the concentrations of calcium and magnesium.

(2) For regulation 2(15) (amendment of Schedule 2A to the Building Regulations 2000) substitute—

(15) In Schedule 2A (self-certification schemes and exemptions from requirement to give building notice or deposit full plans)—

(a) in paragraph 2 in the first column omit “service”;

(b) in paragraph 3 in the first column—

(i) in sub-paragraph (a) omit the words from “which has” to the end of the sub-paragraph,

(ii) omit sub-paragraph (c);

(c) in paragraph 4 in the first column—

(i) in sub-paragraph (a) omit the words from “which has” to the end of the sub-paragraph,

(ii) omit sub-paragraph (b);

(d) in paragraph 5 for the words in the first column substitute “Installation of a heating or hot water system connected to an oil-fired combustion appliance or its associated controls.”;

(e) in paragraph 6 in the first column omit “heating, hot water service,” and “, other than a combustion appliance or its associated controls”;

(f) in paragraph 13 for “washing facility” substitute “sink, washbasin, bidet, fixed bath, shower”.

Section 23 Amendment of the Schedule

In the Schedule (substituted Part G of Schedule 1 to the Building Regulations 2000: sanitation, hot water safety and water efficiency)—

(a) in paragraph G1(1), in the first column—

(i) omit “wholesome water to”,

(ii) in paragraphs (a) and (d) at the beginning insert “wholesome water to”,

(iii) in paragraphs (b) and (c) at the beginning insert “wholesome water or softened wholesome water to”;

(b) in paragraph G3(1), in the first column, after “heated wholesome water” insert “or heated softened wholesome water”.

Section 24 Amendment of the Building (Amendment No.2) Regulations 2009

In paragraph (4) of regulation 2 of the Building (Amendment No.2) Regulations 2009 (amendment of Schedule 2A to the Building Regulations 2000)—

(a) in paragraph 13A inserted into Schedule 2A to the Building Regulations 2000, at the end of the first column insert “or a softened wholesome cold water supply”;

(b) in paragraph 13B inserted into Schedule 2A to those Regulations at the end of the first column insert “which does not involve work on shared or underground drainage”.

Section 25 Transitional provisions: interpretation

In regulations 26 to 28—

“ the Act ” means the Building Act 1984;

“the Building Regulations ” means the Building Regulations 2000;

“the Approved Inspectors Regulations ” means the Building (Approved Inspectors etc.) Regulations 2000.

Section 26 Transitional provisions: work already started

(1) Subject to paragraph (2), where before 1st October 2010 building work is started in accordance with—

(a) a building notice given to, or full plans deposited with, a local authority under regulation 12(2A) of the Building Regulations (giving of a building notice or deposit of plans) and a notice given to the local authority under regulation 15(1) of those Regulations (notice of commencement and completion of certain stages of work);

(b) an initial notice or an amendment notice given in accordance with section 47(1) (giving and acceptance of initial notice) or 51A(2) of the Act (variation of work to which initial notice relates);

(c) a public body’s notice given in accordance with section 54 (giving, acceptance and effect of public body’s notice) of the Act,

the Building Regulations and the Approved Inspectors Regulations shall continue to apply to that building work as if the amendments made by regulations 3 to 12 and 16 to 20 had not been made.

(2) Where before 1st October 2010 building work is started in accordance with an initial notice which 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 3 to 12 and 16 to 20 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 October 2010 building work is started to which regulation 12(5)(a) or (b) of the Building Regulations applies, the Building Regulations and the Approved Inspectors Regulations shall continue to apply to that building work as if the amendments made by regulations 3 to 12 and 16 to 20 had not been made.

Section 27 Transitional provisions: work for which notification is not required

Where before 1st October 2010 a contract is entered into for the provision of building work to which regulation 12(5)(a) or (b) of the Building Regulations applies, the Building Regulations and the Approved Inspectors Regulations shall continue to apply to that work as if the amendments made by regulations 3 to 12 and 16 to 20 had not been made, provided that the work is started before 6th April 2011.

Section 28 Transitional provisions: notice given or plans deposited before 1st October 2010

(1) Subject to paragraph (2), the Building Regulations and the Approved Inspectors Regulations shall continue to apply in relation to building work as if the amendments made by regulations 3 to 12 and 16 to 20 had not been made where—

(a) before 1st October 2010 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; and

(b) the 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,

provided that the work is started before 1st October 2011.

(2) Where an initial notice given before 1st October 2010 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 3 to 12 and 16 to 20 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, provided that the work is started before 1st October 2011.