reg 44E Application of paragraph S2 of Schedule 1 (dwellings resulting from a material change of use)
(1) The requirements of paragraph S2 of Schedule 1 apply to a building, or a part of a building, undergoing a material change of use to result in one or more dwellings as follows. (2) The requirements of paragraph S2 of Schedule 1 apply— (a) if— (i) the circumstances specified in regulation 5(a), (b) or (g) apply; and (ii) the material change of use involves building work being done which includes work being done to any of the following— (aa) to a car park that is located within the site boundary of the building, where the nature of the work is such that it would be reasonable to expect that work to include enabling the requirements of paragraph S2 of Schedule 1 to be fulfilled; (bb) the electrical infrastructure of a car park, where that car park is located within the site boundary of the building; (cc) the electrical infrastructure of the building, where a car park is located inside the building; (b) subject to paragraph (3), if an electric vehicle charge point for each dwelling resulting from a building, or a part of a building, undergoing a material change of use can be accommodated within the incoming electrical supply to the building without having to upgrade the capacity of the incoming electrical supply to the building; and (c) if the building is not one in relation to which paragraph (4) applies. (3) If paragraph (2)(a) and (c) applies, but electric vehicle charge points for some but not all of the dwellings resulting from a building, or a part of a building, undergoing a material change of use can be accommodated within the incoming electrical supply to that building— (a) the requirements of paragraph S2 of Schedule 1 apply in respect of the maximum number of electric vehicle charge points that can be accommodated within the incoming electrical supply; and (b) cable routes for electric vehicle charge points must be installed in the associated parking spaces that would otherwise have been required under paragraph S2 of Schedule 1 to have had electric vehicle charge points installed. (4) The requirements of paragraph S2 of Schedule 1 do not apply if a building, or a part of a building, is— (a) listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990; (b) in a conservation area designated in accordance with section 69 of that Act; or (c) included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979, where compliance with the requirements of paragraph S2 of Schedule 1 would unacceptably alter the building’s character or appearance. (5) If the building, or a part of a building, undergoing a material change of use to result in one or more dwellings has, or will have, associated parking that is situated within a covered car park— (a) if there are or will be any associated parking spaces situated in a position other than in a covered car park— (i) the requirements of paragraph S2 of Schedule 1 must first be applied in relation to those associated parking spaces; then (ii) if the number of associated parking spaces, which are situated in a position other than in a covered car park, is insufficient to completely fulfil the requirements of paragraph S2 of Schedule 1, cable routes for electric vehicle charge points must be installed in— (aa) all the associated parking spaces in the covered car park, where the total number of parking spaces is less than the number of such dwellings with associated parking; or (bb) the number of associated parking spaces in the covered car park which, when added to the number of associated parking spaces which are situated in a position other than in a covered car park, corresponds to the total number of such dwellings with associated parking; (b) if all the associated parking spaces are situated in a covered car park, cable routes for electric vehicle charge points must be installed in— (i) all those associated parking spaces, where there are fewer parking spaces than there are such dwellings with associated parking; or (ii) the number of those associated parking spaces that corresponds to the total number of such dwellings with associated parking.