The Building Regulations etc. (Amendment) (England) Regulations 2026

• Citation: S.I. 2026/335
• Sections: 11

Section 1 Citation, commencement, extent and application

(1) These Regulations may be cited as the Building Regulations etc. (Amendment) (England) Regulations 2026.

(2) Subject to paragraph (3), these Regulations come into force on 24th March 2027.

(3) Regulations 3, 4, 6, 7, 8 and 9 come into force in relation to HRB work or work to existing HRB on 24th September 2027.

(4) These Regulations extend to England and Wales and apply to buildings and building work in England.

Section 2 Interpretation

In these Regulations—

“ the 2013 Regulations ” means the Building Regulations &c. (Amendment) (No.2) Regulations 2013 ;

“ the 2021 Regulations ” means the Building Regulations etc. (Amendment) (England) Regulations 2021 ;

“ building ” has the meaning given in regulation 2(1) of the Building Regulations;

“ building control approval application for a stage of HRB work ” has the meaning given in regulation 2(1) of the HRB Regulations;

“ building control approval application for HRB work ” has the meaning given in regulation 2(1) of the HRB Regulations;

“ building control approval application for work to existing HRB ” has the meaning given in regulation 2(1) of the HRB Regulations;

“ Building Regulations ” means the Building Regulations 2010 ;

“ building work ” has the meaning given in regulation 2(1) of the Building Regulations;

“ HRB Regulations ” means the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 ;

“ HRB work ” has the meaning given in regulation 2(1) of the HRB Regulations;

“ work to existing HRB ” has the meaning given in regulation 2(1) of the HRB Regulations.

Section 3 Amendments to the Building Regulations

(1) The Building Regulations are amended in accordance with paragraphs (2) to (6).

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “fixed building services” —

(i) in paragraph (b), omit “or”;

(ii) after paragraph (b), insert—

(ba) fixed lifts, escalators or moving footways in new buildings, excluding in individual dwellings; or

(iii) in paragraph (c), for “paragraph (a) or (b)”, substitute “paragraph (a), (b) or (ba)” .

(b) in the definition of “microgeneration”, after “means”, insert “except in paragraph L3 (functional requirement for renewable electricity generation - dwellings and buildings containing dwellings) of Schedule 1,” .

(3) In regulation 6(1)(a) (requirements relating to material change of use), in the row relating to L1 (conservation of fuel and power), after “and power”, insert ”and minimisation of greenhouse gas emissions”.

(4) In regulation 23 (requirements for the renovation or replacement of thermal elements), for “L1(a)(i)”, substitute “L1(1)(a)(i)” , in both places it occurs.

(5) In the heading to regulation 40 (information about use of fuel and power), after “and power”, insert “and minimisation of greenhouse gas emissions” .

(6) After regulation 40B (information about overheating), insert—

Provision of information for the purposes of regulations 39 to 40B - new dwellings

(40C) Where regulation 39, 40, 40A or 40B requires a person carrying out work to provide information to a dwelling owner in relation to a new dwelling, the requirement will only be met if the information is provided to the dwelling owner in an appropriate format.

(7) In regulation 43 (pressure testing), for “L1(a)(i)”, substitute “L1(1)(a)(i)” , in both places it occurs.

(8) In regulation 44 (commissioning), for “L1(b)”, substitute “L1(1)(b)” , in both places it occurs.

(9) In Schedule 1 (requirements), Part L (conservation of fuel and power)—

(a) for the heading to Part L, substitute, “PART L ENERGY AND GREENHOUSE GAS EMISSIONS” ;

(b) for paragraph L1 (conservation of fuel and power), substitute—

Conservation of fuel and power and minimisation of greenhouse gas emissions

L1.—(1) Reasonable provision must be made for the conservation of fuel and power in buildings and the minimisation of greenhouse gas emissions from buildings by—

(a) limiting heat gains and losses—

(i) through thermal elements and other parts of the building fabric; and

(ii) from pipes, ducts and vessels used for space heating, space cooling and hot water services;

(b) providing fixed building services which—

(i) are energy efficient to a reasonable standard;

(ii) minimise greenhouse gas emissions;

(iii) have effective controls; and

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

(2) In this paragraph—

“ greenhouse gas ” has the meaning given in section 92 of the Climate Change Act 2008 .

(c) after paragraph L2 (on-site generation of electricity), insert—

Renewable electricity generation - dwellings and buildings containing dwellings

L3.—(1) When a building is erected which is or contains one or more dwellings, a system for on-site renewable electricity generation must be installed on the building or within the boundaries of the curtilage of the building.

(2) The system installed for the purpose of this requirement must be—

(a) designed to enable generated electricity to be available for the use of residents of the dwellings;

(b) capable of generating a reasonable output taking account of the building’s design and surroundings.

(3) For the purposes of paragraph L3—

“ energy from renewable sources ” has the meaning given in regulation 25A ;

“ microgeneration ” means the use for the generation of electricity of any plant (which for this purpose includes any equipment, apparatus or appliance) which in generating electricity relies wholly or mainly on energy from renewable sources;

“ system for on-site renewable electricity generation ” means a system for on-site electricity generation which generates electricity by microgeneration.

Requirement L3 does not apply to a building—

(a) which is a relevant building for the purpose of regulation 7(4) ;

(b) on which it is not possible to install a system for on-site renewable electricity generation capable of generating a reasonable output on account of its design and surroundings; or

(c) where—

(i) equivalent renewable electricity generation output to that required by requirement L3 is available to the building from a system for on-site renewable electricity generation which is not on the building or within the boundaries of the curtilage of the building; and

(ii) that system is designed to enable generated electricity to be available for the use of residents of the dwellings.

Section 4 Amendment to the Building (Registered Building Control Approvers etc.) (England) Regulations 2024

In regulation 4(2) (functions of approvers) of the Building (Registered Building Control Approvers etc.) (England) Regulations 2024 , for paragraph (xxii), substitute—

(xxii) regulations 40B (information about overheating) and 40C (provision of information for the purposes of regulations 39 to 40B - new dwellings),

Section 5 Transitional provision: building work which is not HRB work or work to existing HRB

(1) This paragraph applies to building work on a particular building where a building notice, an initial notice or an application for building control approval with full plans has been given to the relevant authority in respect of that building before 24th March 2027, provided that the building work to which the notice or application relates is commenced in relation to that building before 24th March 2028.

(2) This paragraph applies to building work on a particular building where regulation 17(1)(b) (transitional provision) of the 2021 Regulations applies.

(3) Paragraphs (1) and (2) do not apply in relation to HRB work or work to existing HRB.

(4) Where paragraph (1) or (2) applies, the amendments made by regulations 3 and 4 do not apply to the building work.

(5) For the purposes of paragraph (1), paragraphs (2) to (5) of regulation 46A (lapse of building control approval: commencement of work) of the Building Regulations apply to determine whether work is to be regarded as commenced in relation to a building.

(6) In this regulation, “application for building control approval with full plans”, “ building notice ”, “ initial notice ” and “ relevant authority ” have the meanings given in regulation 2(1) of the Building Regulations.

Section 6 Transitional provision: HRB work - building control approval application for HRB work

(1) This paragraph applies to HRB work on a particular building where a valid building control approval application for HRB work has been submitted to the regulator in relation to that HRB work in accordance with regulation 4(1) (building control approval applications for HRB work or a stage of HRB work) of the HRB Regulations before 24th September 2027, provided that the application—

(a) has not been rejected before that date; and

(b) is not rejected on of after that date.

(2) This paragraph applies to HRB work on a particular building where regulation 17(1)(b) of the 2021 Regulations applies.

(3) Where paragraph (1) or (2) applies the amendments made by regulation 3 do not apply to the HRB work.

Section 7 Transitional provision: HRB work - building control approval application for a stage of HRB work

(1) This paragraph applies to HRB work on a particular building where a valid building control approval application for a stage of HRB work has been submitted to the regulator in relation to that building in accordance with regulation 4(3) (building control approval applications for HRB work or a stage of HRB work) of the HRB Regulations before 24th September 2027, provided that the application—

(a) has not been rejected before that date; and

(b) is not rejected on or after that date.

(2) Where paragraph (1) applies, the amendments made by regulation 3 do not apply to any HRB work on the particular building.

Section 8 Transitional provision: work to existing HRB

(1) This paragraph applies to work to existing HRB on a particular building where a valid building control approval application for work to existing HRB has been submitted to the regulator in relation to that building in accordance with regulation 12 (building control approval application for work to existing HRB) of the HRB Regulations before 24th September 2027, provided that the application—

(a) has not been rejected before that date; and

(b) is not rejected on or after that date.

(2) Where paragraph (1) applies, the amendments made by regulation 3 do not apply to the work to existing HRB.

Section 9 Transitional provision: Schedule 3 (transitional, supplementary and savings provisions) to the HRB Regulations

(1) This regulation applies in relation to HRB work or work to an existing HRB on a particular building where—

(a) paragraph 7 of Schedule 3 (transitional, supplementary and savings provisions) to the HRB Regulations applies in relation to that work and paragraph 11 of that Schedule does not apply;

(b) paragraph 9 of Schedule 3 to the HRB Regulations applies and a notice has been given to the Regulator in accordance with paragraph 9(3) of that Schedule.

(2) Where this regulation applies, the amendments made by regulations 3 and 4 do not apply in relation to the HRB work or work to an existing HRB.

Section 10 Revocations, amendments, savings and transitional provision

(1) Subject to paragraph (4), regulation 9 (transitional arrangements) of the 2013 Regulations is revoked.

(2) Subject to paragraph (4), in regulation 17(1) (transitional provision) of the 2021 Regulations, omit sub-paragraph (a).

(3) This paragraph applies in relation to building work on a particular building where immediately before 24th March 2027, regulation 9 of the 2013 Regulations applied in relation to the building work, provided that—

(a) the building work is started before 24th March 2028; or

(b) the building work is HRB work or work to an existing HRB.

(4) Where paragraph (3) applies in relation to building work on a particular building—

(a) the revocation made by paragraph (1) and the amendment made by paragraph (2) do not apply in relation to that building work;

(b) the amendments made by regulations 3 and 4 do not apply in relation to that building work.

Section 11 Review

(1) The Secretary of State must from time to time—

(a) carry out a review of the regulatory provision contained in these Regulations; and

(b) publish a report setting out the conclusions of the review.

(2) Section 30(4) of the Small Business, Enterprise and Employment Act 2015 requires that a report published under this regulation must, in particular—

(a) set out the objectives intended to be achieved by the regulatory provision contained in these Regulations;

(b) assess the extent to which those objectives are achieved;

(c) assess whether those objectives remain appropriate; and

(d) if those objectives remain appropriate, assess the extent to which they could be achieved in another way which involves less onerous regulatory provision.

(3) The first report must be published before the end of the period of five years beginning with the day on which regulation 1 comes into force.

(4) Subsequent reports must be published at intervals not exceeding five years.

(5) In this regulation, “ regulatory provision ” has the same meaning as in sections 28 to 32 of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).