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The Building Regulations 2010

Type Statutory-Instrument

Publication 2010-09-06

Last updated 2025-12-20

State In force

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Made: 6th September 2010

Laid before Parliament: 9th September 2010

Coming into force: 1st October 2010

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to matters relating to the environment.

In accordance with section 14(3) of the Building Act 1984 he has consulted the Building Regulations Advisory Committee and such other bodies as appeared to him to be representative of the interests concerned.

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and by sections 1(1), 2A, 3, 5, 8(2) and (6), 34, 35, 47(1) and 126 of, and paragraphs 1, 2, 3, 4, 4A, 7, 8, 9, 10 and 11 of Schedule 1 to, the Building Act 1984:

PART 1 — General

Citation and commencement

1

These Regulations may be cited as the Building Regulations 2010 and shall come into force on 1st October 2010.

Interpretation

2

(1) In these Regulations, unless the context otherwise requires—

“the Act” means the Building Act 1984;

“Green Deal Framework Regulations” means the Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012;

“amendment notice” means a notice given under section 51A of the Act ;

“application for building control approval with full plans” means an application for building control approval in accordance with regulations 12(2)(b) and 14;

“application for a completion certificate” in relation to a higher-risk building work, has the same meaning as “completion certificate application” in regulation 2 of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023;

“building” means any permanent or temporary building but not any other kind of structure or erection, and a reference to a building includes a reference to part of a building;

“building”—in the application of any provision of these Regulations to the construction of a higher-risk building, has the meaning given in regulation 4 of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023;in any other case, means any permanent or temporary building but not any other kind of structure or erection, and a reference to a building includes a reference to part of a building;

“building notice” means a notice given in accordance with regulations 12(2)(a) and 13;

“building work” has the meaning given in regulation 3(1);

“business” means a trade, business or other undertaking (whether for profit or not);

“change to a building's energy status” means any change which results in a building becoming a building to which the energy efficiency requirements of these Regulations apply, where previously it was not;

“client” means any person for whom a project is carried out;

“construction phase” means the period beginning when any building work on a project starts and ending when that project is completed;

“contractor” means any person (including a client, but not a domestic client) who, in the course of a business, carries out, manages or controls any building work;

“controlled service or fitting” means a service or fitting in relation to which Part G, H, J, L or P of Schedule 1 imposes a requirement;

“day” means any period of 24 hours commencing at midnight and excludes any Saturday, Sunday, Bank holiday or public holiday;

“design work” means design of any building work;

“designer” means any person (including a client, contractor or other person referred to in Part 2A of these Regulations) who in the course of a business—carries out any design work, orarranges for, or instructs, any person under their control to do so;

“domestic client” means a client for whom a project is being carried out which is not in the course or furtherance of a business of that client;

“dwelling” includes a dwelling-house and a flat;

“dwelling-house” does not include a flat or a building containing a flat;

“electrical installation” means fixed electrical cables or fixed electrical equipment located on the consumer's side of the electricity supply meter;

“energy efficiency requirements” means the requirements of regulations 23, 25A, 25B 26, 26A, 26B, 26A , 26C, 28 ... , 40 and 43 40 and 40A, and Part L of Schedule 1;

“excepted energy building” has the meaning given in the Schedule to The Welsh Ministers (Transfer of Functions) (No. 2) Order 2009

“extra-low voltage” means voltage not exceeding—in relation to alternating current, 50 volts between conductors and earth; orin relation to direct current, 120 volts between conductors;

“final certificate” means a certificate given under section 51 of the Act ;

“fixed building services” means any part of, or any controls associated with—fixed internal or external lighting systems (but not including emergency escape lighting or specialist process lighting);fixed systems for heating, hot water, air conditioning or mechanical ventilation; orany combination of systems of the kinds referred to in paragraph (a) or (b);

“flat” means separate and self-contained premises constructed or adapted for use for residential purposes and forming part of a building from some other part of which it is divided horizontally;

“floor area” means the aggregate area of every floor in a building or extension, calculated by reference to the finished internal faces of the walls enclosing the area, or if at any point there is no such wall, by reference to the outermost edge of the floor;

“full plans” means plans deposited with a local authority for the purposes of section 16 of the Act in accordance with regulations 12(2)(b) and 14;

“green deal disclosure obligations” means the obligations to provide an energy performance certificate in section 12 of the Energy Act 2011 and Part 7 of the Green Deal Framework Regulations;

“green deal property” has the meaning given in section 12(5)(b) of the Energy Act 2011;

“height” means the height of the building measured from the mean level of the ground adjoining the outside of the external walls of the building to the level of half the vertical height of the roof of the building, or to the top of the walls or of the parapet, if any, whichever is the higher;

“independent access” means, in relation to a part of a building (including any extension to that building), a route of access to that part which does not require the user to pass through any other part of the building;

“initial notice” means a notice given under section 47 of the Act ;

“institution” means an institution (whether described as a hospital, home, school or other similar establishment) which is used as living accommodation for, or for the treatment, care or maintenance of persons—suffering from disabilities due to illness or old age or other physical or mental incapacity, orunder the age of five years under the age of 18,where such persons sleep on the premises;

“low voltage” means voltage not exceeding—in relation to alternating current, 1000 volts between conductors or 600 volts between conductors and earth; orin relation to direct current, 1500 volts between conductors or 900 volts between conductors and earth;

“material alteration” has the meaning given in regulation 3(2);

“material change of use” has the meaning given in regulation 5;

“microgeneration” means the use for the generation of electricity or the production of heat or cooling of any plant (which for this purpose includes any equipment, apparatus or appliance) which, in generating electricity or (as the case may be) producing heat or cooling, relies wholly or mainly on a source of energy or a technology mentioned in section 26(2) of the Climate Change and Sustainable Energy Act 2006 ;

“new dwelling” includes, except in Parts 6 and 7, a dwelling that is formed by a material change of use of a building within the meaning of regulation 5(a), (b) or (g);

“optional requirement” means an optional requirement as described in regulation 4(1A)(b) or in regulation 36(2)(b);

“payment period” has the meaning given in regulation 2(1) of the Green Deal Framework Regulations;

“planning permission” has the meaning given in section 336(1) (interpretation) of the Town and Country Planning Act 1990;

“principal contractor” means the contractor appointed under regulation 11D (principal designer and principal contractor) to perform the duties of a principal contractor under these Regulations;

“principal designer” means the designer appointed under regulation 11D (principal designer and principal contractor) to perform the duties of a principal designer under these Regulations;

“project” means a project which includes or is intended to include any building work and includes all planning work, design work, management or other work involved in a project until the end of the construction phase;

“public body's final certificate” means a certificate given under paragraph 3 of Schedule 4 to the Act;

“public body's notice” means a notice given under section 54 of the Act;

“recipient”, in relation to a compliance notice or a stop notice, means the person to whom the notice will be or has been given;

“relevant authority” means—in cases where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), the regulator;in any other case, the local authority for the area in which the building is situated or the proposed building is to be situated;

“relevant day” means any day excluding Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971;

“renovation” in relation to a thermal element means the provision of a new layer in the thermal element (other than where that new layer is provided solely as a means of repair to a flat roof) or the replacement of an existing layer, but excludes decorative finishes, and “renovate” shall be construed accordingly;

“room for residential purposes” means a room, or a suite of rooms, which is not a dwelling-house or a flat and which is used by one or more persons to live and sleep and includes a room in a hostel, an hotel, a boarding house, a hall of residence or a residential home, but does not include a room in a hospital, or other similar establishment, used for patient accommodation;

“shop” includes premises—used for the sale to members of the public of food or drink for consumption on or off the premises,used for retail sales by auction to members of the public,used by members of the public as a barber or hairdresser, or for the hiring of any item, andwhere members of the public may take goods for repair or other treatment;

“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 (5) 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 ;

“sole contractor” means a person fulfilling the duties of the principal contractor by virtue of regulation 11D(6);

“sole or lead designer” means a person fulfilling the duties of the principal designer by virtue of regulation 11D(7);

“system for on-site electricity generation” means a system that produces electricity and has a direct electrical connection to the building in question.

(2) In these Regulations “public building” means a building consisting of or containing—

(a) a theatre, public library, hall or other place of public resort;

(b) a school or other educational establishment not exempted from the operation of building regulations by virtue of section 4(1)(a) of the Act ; or

but a building is not to be treated as a place of public resort because it is, or it contains, a shop, storehouse or warehouse, or is a dwelling to which members of the public are occasionally admitted.

(3) In these Regulations “thermal element” means a wall, floor or roof (but does not include windows, doors, roof windows or roof-lights) which separates a thermally conditioned part of the building (“the conditioned space”) from—

(a) the external environment (including the ground); or

(b) in the case of floors and walls, another part of the building which is—

(i) unconditioned;

(ii) an extension falling within class 7 of Schedule 2; or

(iii) where this paragraph applies, conditioned to a different temperature,

and includes all parts of the element between the surface bounding the conditioned space and the external environment or other part of the building as the case may be.

(4) Paragraph (3)(b)(iii) only applies to a building which is not a dwelling, where the other part of the building is used for a purpose which is not similar or identical to the purpose for which the conditioned space is used.

(5) Section 67 of the Water Industry Act 1991 and such regulations as have been made under that section apply for the purposes of Part G of Schedule 1 as they apply for the purposes of Chapter 3 of Part 3 of that Act.

(6) In these Regulations—

(a) any reference to an “external wall” of a building includes a reference to—

(i) anything located within any space forming part of the wall;

(ii) any decoration or other finish applied to any external (but not internal) surface forming part of the wall;

(iii) any windows and doors in the wall; and

(iv) any part of a roof pitched at an angle of more than 70 degrees to the horizontal if that part of the roof adjoins a space within the building to which persons have access, but not access only for the purpose of carrying out repairs or maintenance; ...

(b) “relevant metal composite material” means any panel or sheet, having a thickness of no more than 10mm, which is comprised of a number of layers—

(i) two or more of which are made of metal, alloy or metal compound; and

(ii) one or more of which is substantial and is made of a material having a gross calorific value of more than 35 MJ/kg when tested in accordance with BS EN ISO 1716:2018 entitled “Reaction to fire tests for products – Determination of the gross heat of combustion (calorific value)” (ISBN 978 0 580 93554 1) published by the British Standards Institution on 31st July 2018;

and for these purposes a substantial layer is one which is at least 1mm thick or has a mass per unit area of at least 1kg per m²;

(i) a balcony attached to an external wall;

(ii) a solar shading device (excluding a solar shading device attached to the wall at a height of no more than 4.5 metres above ground level); or

(iii) a solar panel attached to an external wall; and

(d) “solar shading device” means a device attached to the external surface of an external wall for reducing heat gain within a building by shading or deflecting sunlight.

(b) “reaction to fire classification” means BS EN 13501-1:2018 entitled “Fire classification of construction products and building elements. Classification using data from reaction to fire tests.” published by the British Standards Institution in 2019;

(c) “relevant metal composite material” means any panel or sheet, having a thickness of no more than 10mm, which is comprised of a number of layers—

(i) two or more of which are made of metal, alloy or metal compound; and

(ii) one or more of which is substantial and is made of a material having a gross calorific value of more than 35 MJ/kg when tested in accordance with BS EN ISO 1716:2018 entitled “Reaction to fire tests for products – Determination of the gross heat of combustion (calorific value)” published by the British Standards Institution in 2018;

and for these purposes a substantial layer is one which is at least 1mm thick or has a mass per unit area of at least 1kg per m²;

(d) “specified attachment” means—

(i) a balcony attached to an external wall;

(ii) a solar shading device (excluding a solar shading device attached to the wall at a height of no more than 4.5 metres above ground level); or

(iii) a solar panel attached to an external wall; and

(e) “solar shading device” means a device attached to the external surface of an external wall for reducing heat gain within a building by shading or deflecting sunlight.

PART 2 — Control of Building Work

Meaning of building work

3

(1) In these Regulations “building work” means—

(a) the erection or extension of a building;

(b) the provision or extension of a controlled service or fitting in or in connection with a building;

(d) work required by regulation 6 (requirements relating to material change of use);

(e) the insertion of insulating material into the cavity wall of a building;

(f) work involving the underpinning of a building;

(g) work required by regulation 22 (requirements relating to a change of energy status);

(h) work required by regulation 23 (requirements relating to thermal elements);

(i) work required by regulation 28 (consequential improvements to energy performance).

(2) An alteration is material for the purposes of these Regulations if the work, or any part of it, would at any stage result—

(a) in a building or controlled service or fitting not complying with a relevant requirement where previously it did; or

(b) in a building or controlled service or fitting which before the work commenced did not comply with a relevant requirement, being more unsatisfactory in relation to such a requirement.

(3) In paragraph (2) “relevant requirement” means any of the following applicable requirements of Schedule 1, namely—

Part A (structure)

paragraph B1 (means of warning and escape)

paragraph B3 (internal fire spread—structure)

paragraph B4 (external fire spread)

paragraph B5 (access and facilities for the fire service)

Part M (access to and use of buildings).

Part T (Toilet Accommodation)

Requirements relating to building work

4

(1) Subject to paragraph (2) building work shall be carried out so that—

(a) it complies with the applicable requirements contained in Schedule 1; and

(b) in complying with any such requirement there is no failure to comply with any other such requirement , except as may be provided for in paragraphs (1C) and (1D).

(1A) The applicable requirements contained in Schedule 1 are—

(a) the applicable requirements contained in Schedule 1 that apply in all cases, subject to paragraph (1C); and

(b) any applicable requirement contained in Schedule 1, and described in the first column of that Schedule as an optional requirement, that applies in relation to the building work in question by virtue of paragraphs (1B), (1C) and (1D).

(1B) An optional requirement as described in paragraph (1A)(b) shall apply to building work in any case where the planning permission under which the building work is carried out—

(a) specifies that optional requirement by reference to these Regulations; and

(b) makes it a condition that the requirement must be complied with.

(1C) An optional requirement shall apply in substitution for a requirement of Schedule 1 to the extent that the terms of the optional requirement in the second column of Schedule 1 so provide.

(1D) An optional requirement shall apply, and another optional requirement shall not apply, to the extent that the terms of the first-mentioned optional requirement in the second column of Schedule 1 so provide.

(2) Where—

(a) building work is of a kind described in regulation 3(1)(g), (h) or (i); and

(b) the carrying out of that work does not constitute a material alteration,

that work need only comply with the applicable requirements of Part L of Schedule 1 (in addition to the requirements of regulation 7).

(3) Building work shall be carried out so that, after it has been completed—

(a) any building which is extended or to which a material alteration is made; or

(b) any building in, or in connection with, which a controlled service or fitting is provided, extended or materially altered; or

complies with the applicable requirements of Schedule 1 or, where it did not comply with any such requirement, is no more unsatisfactory in relation to that requirement than before the work was carried out.

(4) This paragraph applies in relation to a building where—

(a) building work is undertaken in respect of that building (“relevant work”); and

(b) Part L of Schedule 1 imposes a requirement in respect of the relevant work.

(5) Notwithstanding paragraph (3), upon completion of the relevant work, any building to which paragraph (4) applies must—

(a) comply with Part F of Schedule 1; or

(b) where the building did not comply with Part F of Schedule 1 before the relevant work was begun, be no more unsatisfactory in relation to it than before the work was begun.

Meaning of material change of use

5

For the purposes of paragraph 8(1)(e) of Schedule 1 to the Act and for the purposes of these Regulations, there is a material change of use where there is a change in the purposes for which or the circumstances in which a building is used, so that after that change—

(a) the building is used as a dwelling, where previously it was not;

(b) the building contains a flat, where previously it did not;

(d) the building is used as an institution, where previously it was not;

(e) the building is used as a public building, where previously it was not;

(f) the building is not a building described in classes 1 to 6 in Schedule 2, where previously it was;

(g) the building, which contains at least one dwelling, contains a greater or lesser number of dwellings than it did previously;

(h) the building contains a room for residential purposes, where previously it did not;

(i) the building, which contains at least one room for residential purposes, contains a greater or lesser number of such rooms than it did previously; ...

(j) the building is used as a shop, where previously it was not ; or

(k) the building is a building described in regulation 7(4)(a), where previously it was not.

Requirements relating to material change of use

6

(1) Where there is a material change of use of the whole of a building, such work, if any, shall be carried out as is necessary to ensure that the building complies with the applicable requirements of the following paragraphs of Schedule 1—

(a) in all cases, B1 (means of warning and escape)

(b) in the case of a material change of use described in regulation 5(c), (d), (e) or (f), A1 to A3 (structure);

(d) in the case of a material change of use described in regulation 5(a), (b), (c), (d), (g), (h), (i) or, where the material change provides new residential accommodation, (f), C1(2) (resistance to contaminants);

(e) in the case of a material change of use described in regulation 5(a), C2 (resistance to moisture);

(f) in the case of a material change of use described in regulation 5(a), (b), (c), (g), (h) or (i), E1 to E3 (resistance to the passage of sound);

(g) in the case of a material change of use described in regulation 5(e), where the public building consists of or contains a school, E4 (acoustic conditions in schools);

(h) in the case of a material change of use described in regulation 5(a) or (b), G2 (water efficiency) and G3(4) (hot water supply and systems: hot water supply to fixed baths);

(i) in the case of a material change of use described in regulation 5(c), (d), (e) or (j), M1 (access to and use of buildings other than dwellings);

(j) in the case of a material change of use described in regulation 5(a), (b) or (g), Q1 (security).

(2) Where there is a material change of use of part only of a building, such work, if any, shall be carried out as is necessary to ensure that—

(a) that part complies in all cases with any applicable requirements referred to in paragraph (1)(a);

(b) in a case in which sub-paragraphs (b), (e), (f), (g) or (h) of paragraph (1) apply, that part complies with the requirements referred to in the relevant sub-paragraph;

(c) in a case to which sub-paragraph (c) of paragraph (1) applies, the whole building complies with the requirement referred to in that sub-paragraph; ...

(d) in a case to which sub-paragraph (i) of paragraph (1) applies—

(i) that part and any sanitary conveniences provided in or in connection with that part comply with the requirements referred to in that sub-paragraph; and

(ii) the building complies with requirement M1(a) of Schedule 1 to the extent that reasonable provision is made to provide either suitable independent access to that part or suitable access through the building to that part;

(e) in a case to which subparagraph (j) applies in respect of a material change of use described in regulation 5(b) or (g), that part complies with the requirement referred to in that subparagraph.

(3) Subject to paragraph (4), where there is a material change of use described in regulation 5(k), such work, if any, shall be carried out as is necessary to ensure that any external wall, or specified attachment, of the building only contains materials of European Classification A2-s1, d0 or A1 (classified in accordance with the reaction to fire classification).

(4) Paragraph (3) does not apply to the items listed in regulation 7(3).

Materials and workmanship

7

(1) Building work shall be carried out—

(a) with adequate and proper materials which—

(i) are appropriate for the circumstances in which they are used,

(ii) are adequately mixed or prepared, and

(iii) are applied, used or fixed so as adequately to perform the functions for which they are designed; and

(b) in a workmanlike manner.

(1A) Building work shall be carried out so that relevant metal composite material does not become part of an external wall, or specified attachment, of any building.

(2) Subject to paragraph (3), building work shall be carried out so that materials which become part of an external wall, or specified attachment, of a relevant building are of European Classification A2-s1, d0 or A1 (classified in accordance with the reaction to fire classification).

(3) Paragraph (2) does not apply to—

(a) cavity trays when used between two leaves of masonry;

(b) any part of a roof (other than any part of a roof which falls within paragraph (iv) of regulation 2(6)) if that part is connected to an external wall;

(d) electrical installations;

(da) fibre optic cables;

(e) insulation and water proofing materials used below ground level or up to 300mm above that level;

(f) intumescent and fire stopping materials where the inclusion of the materials is necessary to meet the requirements of Part B of Schedule 1;

(g) membranes;

(h) seals, gaskets, fixings, sealants and backer rods;

(ha) components associated with a solar shading device excluding components whose primary function is to provide shade or deflect sunlight such as the awning curtain or slats;

(i) thermal break materials where the inclusion of the materials is necessary to meet the thermal bridging requirements of Part L of Schedule 1; ...

(j) window frames and glass ; or

(k) materials which form the top horizontal floor layer of a balcony which are of European Classification A1fl or A2fl-s1 (classified in accordance with the reaction to fire classification) provided that the entire layer has an imperforate substrate under it.

(4) In this regulation—

(a) a “relevant building” means a building with a storey (not including roof-top plant areas or any storey consisting exclusively of plant rooms) at least 18 metres above ground level and which—

(i) contains one or more dwellings;

(ii) contains an institution; or

(iii) contains a room for residential purposes ...; and

(b) “above ground level” in relation to a storey means above ground level when measured from the lowest ground level adjoining the outside of a building to the top of the floor surface of the storey.

Limitation on requirements

8

Parts A to D, F to K, , N and P (except for paragraphs G2, H2 and J7) of Schedule 1 shall not require anything to be done except for the purpose of securing reasonable standards of health and safety for persons in or about buildings (and any others who may be affected by buildings, or matters connected with buildings).

Exempt buildings and work

9

(1) Subject to paragraphs (2) , (3) and (4) and regulation 21(1), these Regulations do not apply to—

(a) the erection of any building or extension of a kind described in Schedule 2; or

(b) the carrying out of any work to or in connection with such a building or extension, if after the carrying out of that work it is still a building or extension of a kind described in that Schedule.

(2) The requirements of paragraphs G1 and G3(2) and (3) of Schedule 1 apply—

(a) to any greenhouse which receives a cold or hot water supply from a source shared with or located inside a dwelling; and

(b) to—

(i) any small detached building falling within class 6 in Schedule 2; and

(ii) any extension of a building falling within class 7 in Schedule 2,

which in either case receives a cold or hot water supply from a source shared with or located inside any building other than a building or extension of a kind described in Schedule 2.

(3) The requirements of Part P of Schedule 1 apply to—

(a) any greenhouse used for domestic purposes ;

(b) any small detached building falling within class 6 in Schedule 2; and

which in any case receives its electricity from a source shared with or located inside a dwelling.

(4) The requirements of paragraph R1 of Schedule 1 apply to buildings controlled under other legislation falling within class 1 in Schedule 2.

(4) The requirements of paragraph R1 of Schedule 1 apply to buildings falling within paragraphs 1 and 2 of Class 1 (buildings controlled under other legislation) in Schedule 2.

Exemption of the Metropolitan Police Authority from procedural requirements

10

(1) The Mayor’s Office for Policing and Crime is hereby prescribed for the purposes of section 5 of the Act (exemption of public bodies from the procedural requirements and enforcement of building regulations).

(2) The Mayor’s Office for Policing and Crime is exempt from compliance with these Regulations in so far as the requirements in these Regulations are not substantive requirements in relation to building work that is not higher-risk building work.

Power to dispense with or relax requirements

11

(1) Subject to paragraph (3), the power under section 8(1) of the Act to dispense with or relax any requirement contained in these Regulations shall be exercisable by the local authority.

(2) Any notification by the local authority building control authority to an applicant that they have refused the applicant's application to dispense with or relax any requirement of these Regulations shall inform the applicant of the effect of section 39(1) and (3) of the Act (appeal against refusal etc. to relax building regulations).

(3) Sub-sections (1) to (5) of section 8 of the Act (relaxation of building regulations) do not apply to regulations 23(1)(a), 25A, 25B, and 26 ... and paragraph R1 (in-building physical infrastructure for high-speed electronic communications networks) of Schedule 1.

PART 3 — Notices, Plans and Certificates

Giving of a building notice or deposit of plans

12

(1) This regulation applies to a person who intends to—

(a) carry out building work;

(b) replace or renovate a thermal element in a building to which the energy efficiency requirements apply;

(d) make a material change of use.

(2) Subject to the following provisions of this regulation, a person to whom this regulation applies shall—

(a) give to the relevant authority a building notice in accordance with regulation 13; or

(b) give an application for building control approval with full plans to the relevant authority in accordance with regulation 14.

(3) A person intending to carry out building work in relation to a building to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of the building work, shall give an application for building control approval with full plans.

(4) A person intending to carry out building work which includes the erection of a building fronting onto a private street shall give an application for building control approval with full plans.

(5) A person intending to carry out building work in relation to which paragraph H4 of Schedule 1 imposes a requirement shall give an application for building control approval with full plans.

(6) A person intending to carry out building work is not required to give a building notice or an application for building control approval with full plans where the work consists only of work—

(a) described in column 1 of the Table in Schedule 3 if the work is to be carried out by a person described in the corresponding entry in column 2 of that Table;

(b) described in Schedule 4 ; or

(c) described in column 1 of the Table in Schedule 3A if the work is to be inspected by a person described in the corresponding entry in column 2 of that Table (a “third party certifier”) who has been appointed by the person intending to carry out the building work before the commencement of that work.

(6A) A person intending to carry out building work in relation to which Part P of Schedule 1 imposes a requirement is required to give a building notice or an application for building control approval with full plans where the work consists of—

(a) the installation of a new circuit;

(b) the replacement of a consumer unit; or

(7) Where regulation 22 of the Building (Registered Building Control Approvers etc.) (England) Regulations 2024 (local authority powers in relation to partly completed work) applies, the owner shall comply with the requirements of that regulation instead of with this regulation.

(8) Where—

(a) a person proposes to carry out building work which consists of emergency repairs;

(b) it is not practicable to comply with paragraph (2) before commencing the work; and

the person shall give a building notice to the relevant authority as soon as reasonably practicable after commencement of the work.

(9) In this regulation—

“fronting” has the meaning given in section 203(3) of the Highways Act 1980; ...

“private street” has the meaning given in section 203(2) of the Highways Act 1980... ; and

“special location” means— within a room containing a bath or shower, the space surrounding a bath tap or shower head, where the space extends—vertically from the finished floor level to—a height of 2.25 metres; orthe position of the shower head where it is attached to a wall or ceiling at a point higher than 2.25 metres from that level; andhorizontally—where there is a bath tub or shower tray, from the edge of the bath tub or shower tray to a distance of 0.6 metres; orwhere there is no bath tub or shower tray, from the centre point of the shower head where it is attached to the wall or ceiling to a distance of 1.2 metres; ora room containing a swimming pool or sauna heater.

Particulars and plans where a building notice is given

13

(1) A building notice shall state the name and address of the person intending to carry out the work and shall be signed by that person or on that person's behalf, and shall contain or be accompanied by—

(a) a statement that it is given for the purpose of regulation 12(2)(a);

(b) a description of the proposed building work, renovation or replacement of a thermal element, change to the building's energy status or material change of use; and

(c) particulars of the location of the building to which the proposal relates and the use or intended use of that building ; and

(d) in the case of a new dwelling—

(i) a statement whether or not any optional requirement applies to the building work, and if so which, or

(ii) a statement that planning permission has not yet been granted for the work, and that the information required by subparagraph (i) will be supplied before the end of a period of twenty eight days beginning on the day after that permission is granted.

(1A) In the case of a new dwelling, where a statement under paragraph (1)(d)(ii) has accompanied the building notice, a statement in the terms required by paragraph (1)(d)(i) must be provided to the local authority relevant authority before the end of a period of twenty eight days beginning on the day after planning permission is granted for the building work, and the statement must state that it is supplementary to the information given in respect of the work pursuant to paragraph (1)(d).

(2) In the case of the erection or extension of a building, a building notice shall be accompanied by—

(a) a plan to a scale of not less than 1:1250 showing—

(i) the size and position of the building, or the building as extended, and its relationship to adjoining boundaries;

(ii) the boundaries of the curtilage of the building, or the building as extended, and the size, position and use of every other building or proposed building within that curtilage;

(iii) the width and position of any street on or within the boundaries of the curtilage of the building or the building as extended;

(b) a statement specifying the number of storeys (each basement level being counted as one storey), in the building to which the proposal relates; and

(i) the provision to be made for the drainage of the building or extension; and

(ii) the steps to be taken to comply with any local enactment which applies.

(2A) In the case of the erection of a dwelling, or a building that is to contain one or more dwellings, a building notice shall be accompanied by—

(a) particulars of any public electronic communications network in relation to which a connection is to be provided,

(b) if an exemption in regulation 44ZB is proposed to be relied on, evidence in support of the exemption, and

(i) evidence of the matters mentioned in regulation 44ZC(6)(a) and (b), and

(ii) if paragraph RA1(1)(c)(i) or (ii) of Schedule 1 is also proposed to be relied on, evidence of the steps taken to establish whether, and if so where, a distribution point for a gigabit-capable public electronic communications network (as defined by regulation 44C) is likely to be installed, in a location relevant for the purposes of paragraph RA(1)(c), within the period of 2 years beginning with the day on which the notice is given.

(3) Where a building notice has been given, a person carrying out building work, renovation or replacement of a thermal element, change to the building's energy status or making a material change of use shall give the local authority relevant authority, within such time as they specify, such plans as are, in the particular case, necessary for the discharge of their functions in relation to building regulations and are specified by them in writing.

(4) Neither a building notice nor plans which accompany it or are given under paragraph (3) are to be treated for the purposes of section 16 of the Act as having been deposited as an application for building control approval with full plans in accordance with building regulations.

(5) A building notice shall cease to have effect on the expiry of three years from the date on which that notice was given to the local authority relevant authority, unless before the expiry of that period—

(a) the building work to which the notice related was commenced; or

(b) the change to the building's energy status or the material change of use described in the notice was made.

Full plans

14

(1) An application for building control approval with full plans must be made in writing, signed by the person making the application (“the applicant”), and must include—

(a) the name, address, telephone number and (if available) email address of the applicant;

(b) where the applicant is not the client, the name, address, telephone number and (if available) email address of the client;

(c) where known at the date of the application, the name, address, telephone number and (if available) email address of the principal contractor (or sole contractor) and the principal designer (or sole or lead designer);

(d) a statement—

(i) that the application is an application for building control approval with full plans given under regulation 12(2)(b);

(ii) as to whether the building is a building to which the Regulatory Reform (Fire Safety) Order 2005 applies or will apply after completion of the building work;

(e) where the work consists of work to an existing building, a description of the existing building including—

(i) details of the current use of the building, including the current use of each storey;

(ii) the height of the building;

(iii) the number of storeys in the building as determined in accordance with regulation 6 of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023;

(f) a description of the proposed work, including—

(i) details of the intended use of the building, including the intended use of each storey;

(ii) the height of the building after the proposed work;

(iii) the number of storeys in the building after the proposed work as determined in accordance with regulation 6 of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023;

(iv) the provision to be made for the drainage of the building;

(v) where paragraph H4 of Schedule 1 imposes a requirement, the precautions to be taken in the building over a drain, sewer or disposal main to comply with the requirements of that paragraph;

(vi) the steps to be taken to comply with any local enactment that applies; and

(vii) a statement setting out—

(aa) the date when it is proposed the work will reach the point when it is to be regarded as commenced in accordance with regulation 46A (lapse of building control approval: commencement of work); and

(bb) where the work does not consist of work to which paragraph (2) or (3) of regulation 46A applies, details of the work which the client considers amounts to 15% of the proposed work.

(2) An application for building control approval with full plans must be accompanied by—

(i) two copies of the full plans, or

(ii) where Part B of Schedule 1 (fire safety) imposes a requirement in relation to proposed building work, four copies of the full plans;

(b) where the application is made by someone on behalf of the client, a statement signed by the client confirming they agree to the application being made and that the information contained in the application is correct.

(3) Plans are only full plans if they consist of—

(a) a description of the proposed building work, renovation or replacement of a thermal element, change to the building’s energy status or material change of use;

(b) the plans, particulars and statements required by paragraphs (1), (1A) , (2) and (2A) of regulation 13;

(c) where paragraph H4 of Schedule 1 imposes a requirement, particulars of the precautions to be taken in building over a drain, sewer or disposal main to comply with the requirements of that paragraph; and

(d) any other plans which are necessary to show that the work would comply with these Regulations.

(4) Paragraph (2)(a)(ii) does not apply where the proposed building work relates only to the erection, extension or material alteration of a dwelling-house or flat.

Consultation with sewerage undertaker

15

(1) This regulation applies where an application for building control approval with full plans has been given to the relevant authority and paragraph H4 of Schedule 1 imposes requirements in relation to the building work which is the subject of those plans.

(2) Where this regulation applies the relevant authority shall consult the sewerage undertaker—

(a) as soon as practicable after the application for building control approval with full plans has been given; and

(b) before issuing any completion certificate in relation to the building work in accordance with regulation 17 or 17A.

(3) Where a relevant authority are required by paragraph (2) to consult the sewerage undertaker they shall—

(a) give to the sewerage undertaker, in a case where the authority are consulting them following the giving of an application for building control approval with full plans, sufficient plans to show whether the work would, if carried out in accordance with those plans, comply with the applicable requirements of paragraph H4 of Schedule 1;

(b) have regard to any views expressed by the sewerage undertaker; and

(c) not grant the application for building control approval or issue a completion certificate until 15 days have elapsed from the date on which they consulted the sewerage undertaker, unless the sewerage undertaker has expressed its views to them before the expiry of that period.

Notice of commencement and completion of certain stages of work

16

(1) Subject to paragraphs (8) and (9), a person who proposes to carry out building work shall not start that work unless—

(a) that person has given the relevant authority notice of intention to start work; and

(b) at least two days have elapsed since the end of the day on which the notice was given.

(2) Subject to paragraph (8), a person carrying out building work must notify the relevant authority as required by the authority in accordance with paragraph (3).

(3) Subject to the conditions in paragraphs (3A) and (3B), where a relevant authority receives notice of intention to start work under paragraph (1) they may give the person carrying out the work a notice in writing which—

(a) requires that person to notify the authority that a specified stage of the work (other than a stage specified in paragraphs (4) and (5)) has been reached; and

(b) may specify one or more periods of time, applying to each such required notification, which may be either or both of the following—

(i) a period before or after the work has been carried out within which the notification must be made; and

(ii) a period during which the work concerned must not be covered up.

(3A) A relevant authority may only specify a stage of the building work in accordance with paragraph (3)(a) if at the time they do so they intend to carry out an inspection of that stage.

(3B) For the purposes of paragraph (3A) the relevant authority's intention to carry out an inspection of a stage of building work must be based on their assessment of the risk of breach of these Regulations if they do not inspect the work.

(3C) Not more than five days after the day on which work is to be regarded as commenced the person carrying out the work must give a notice to that effect to the relevant authority.

(3D) The relevant authority may take such steps, including—

(a) requiring information;

(b) laying open of work for inspection,

as the authority thinks appropriate to check whether the work is to be regarded as commenced.

(3E) If the relevant authority are not satisfied the work is to be regarded as commenced they must give the person carrying out the work a notice to that effect (“rejection notice”) within four weeks of the date the notice under paragraph (3C) is given, and the rejection notice must give the reasons for rejection.

(3F) Where a notice is given under paragraph (3C) and the period referred to in paragraph (3E) expires without a rejection notice being given, then the work is to be regarded as commenced.

(3G) If the person carrying out the work accepts the rejection notice they may not give a further notice under paragraph (3C) unless, having regard to the reasons given by the relevant authority, they are satisfied the work is to be regarded as commenced.

(3H) A person who gave the notice under paragraph (3C) may appeal to the First-tier Tribunal against the decision of the relevant authority to reject the notice provided the appeal is made within 21 relevant days beginning with the day after the day on which the relevant authority gives the rejection notice.

(3I) The First-tier Tribunal may allow an appeal under paragraph (3H) only if it is satisfied that the decision appealed against was wrong on one or more of the following grounds—

(a) that the decision was based on an error of fact;

(b) that the decision was wrong in law;

(d) that the decision was made without following the procedures set out in the Act or regulations made under that Act.

(3J) For the purposes of paragraphs (3C) to (3I) the provisions of regulation 46A (lapse of building control approval: commencement of work) apply to determine whether work is to be regarded as commenced.

(4) Subject to paragraph (8), a person carrying out building work shall, not more than five days after that work has been completed, give the relevant authority a notice which complies with paragraph (4A).

(4A) The notice under paragraph (4) must include—

(a) the name, address, telephone number and (if available) email address of the client;

(b) the name, address, telephone number and (if available) email address of the principal contractor (or sole contractor) and the principal designer (or sole or lead designer);

(d) a statement, signed by the client, confirming that to the best of the client’s knowledge the work complies with all applicable requirements of the building regulations;

(e) subject to paragraph (4B), a statement given by each principal contractor (or sole contractor) for the work and each principal designer (or sole or lead designer) for the work, signed by the person to which the declaration relates, which includes—

(i) the name, address, telephone number and (if available) email address of that person;

(ii) the dates of their appointment, and

(iii) confirmation—

(aa) in the case of a principal contractor (or sole contractor), that they fulfilled their duties as a principal contractor under Part 2A (dutyholders and competence) of these Regulations;

(bb) in the case of a principal designer (or sole or lead designer), that they fulfilled their duties as a principal designer under Part 2A (dutyholders and competence) of these Regulations.

(4B) If for any reason a person carrying out building work is unable to include a statement for a person mentioned under paragraph (4A)(e), the person carrying out the building work must include a statement giving the reasons why that person’s statement has not been included.

(5) Where a building is being erected to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of the work , and that building (or any part of it) is to be occupied before completion, the person carrying out that work shall give the relevant authority a notice which complies with paragraph (5A) at least 5 days before the building or any part of it is occupied.

(5A) The notice under paragraph (5) must include—

(a) the name, address, telephone number and (if available) email address of the client;

(b) the name, address, telephone number and (if available) email address of the principal contractor (or sole contractor) and the principal designer (or sole or lead designer);

(d) a statement, signed by the client, confirming that to the best of the client’s knowledge, regardless of the completion of the current building work, regulation 38 and Part B of Schedule 1 are currently complied with in relation to those parts of the building which are to be occupied before completion of the work;

(e) subject to sub-paragraph (f), a statement given by each principal contractor (or sole contractor) for the work and each principal designer (or sole or lead designer) for the work, signed by the person to which the declaration relates, which includes—

(i) the name, address, telephone number and (if available) email address of that person;

(ii) the dates of their appointment, and

(iii) confirmation—

(aa) in the case of a principal contractor (or sole contractor), that they fulfilled their duties as a principal contractor under Part 2A (dutyholders and competence) of these Regulations;

(bb) in the case of a principal designer (or sole or lead designer), that they fulfilled their duties as a principal designer under Part 2A (dutyholders and competence) of these Regulations ;

(f) if a person carrying out building work is unable to include a statement for a person mentioned in sub-paragraph (e), the person carrying out the building work must include a statement giving reasons why that person’s statement has not been included.

(6) A person who fails to comply with paragraphs (1) or (2) shall comply within a reasonable time with any notice given by the relevant authority requiring that person to cut into, lay open or pull down so much of the work as prevents them from ascertaining whether these Regulations have been complied with.

(7) If the relevant authority have given notice specifying the manner in which any work contravenes the requirements in these Regulations, a person who has carried out any further work to secure compliance with these Regulations shall within a reasonable time after the completion of such further work give notice to the relevant authority of its completion.

(8) Paragraphs (1) to (4) apply only to a person who is required by regulation 12 to give a building notice or an application for building control approval with full plans.

(9) Paragraph (1) does not apply where regulation 12(8) applies.

Completion certificates

17

(1) A relevant authority shall within the specified period give a completion certificate in all cases (including a case where a certificate has already been given under regulation 17A) where they are satisfied, after taking all reasonable steps, that, following completion of building work carried out on a building, the relevant provisions have been complied with in relation to the building.

(2) The specified period referred to in paragraph (1) is eight weeks starting from the date that notice is received by the relevant authority in accordance with regulation 16(4) of these Regulations or 22A(1) of the Building (Registered Building Control Approvers etc.) (England) Regulations 2024.

(2A) The relevant provisions referred to in paragraph (1) are any applicable requirements of the following provisions—

(a) regulation 25A (high-efficiency alternative systems for new buildings);

(b) regulation 26 (target CO² emission rates for new buildings);

(cc) regulation 26C (target primary energy rates for new buildings);

(d) regulation 36 (water efficiency of new dwellings);

(e) regulation 38 (fire safety information); ...

(f) Schedule 1 ,

(g) regulation 7A (energy performance certificates on construction) of the Energy Performance of Buildings (England and Wales) Regulations 2012.

(4) A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with.

(5) The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (4).

(6) Where the relevant authority is the regulator, it must send a copy of each certificate it gives under this regulation in relation to a building to the local authority for the area in which the building is situated.

Unauthorised building work

18

(1) This regulation applies where it appears to a relevant authority that unauthorised building work has been carried out on or after 11th November 1985.

(2) Where this regulation applies, the owner (in this regulation referred to as “the applicant”) may apply in writing to the relevant authority for a regularisation certificate in accordance with this regulation, and shall send with the application—

(a) a statement that the application is made in accordance with this regulation,

(b) a description of the unauthorised work,

(d) so far as is reasonably practicable, a plan showing any additional work required to be carried out to secure that the unauthorised work complies with the requirements relating to building work in the building regulations which were applicable to that work when it was carried out (in this regulation referred to as “the relevant requirements”).

(3) Where a relevant authority receive an application in accordance with this regulation, they may require the applicant to take such reasonable steps, including laying open the unauthorised work for inspection by the authority, making tests and taking samples, as the authority think appropriate to ascertain what work, if any, is required to secure that the relevant requirements are met.

(4) When the applicant has taken any such steps required by the relevant authority as are described in paragraph (3), and having had regard to any direction given in accordance with sections 8 and 9 of, and Schedule 2 to, the Act dispensing with or relaxing a requirement in building regulations which applies to the unauthorised work, the relevant authority shall notify the applicant—

(a) of the work which in their opinion is required to comply with the relevant requirements or those requirements as dispensed with or relaxed, or

(b) that they cannot determine what work is required to comply with the relevant requirements or those requirements as dispensed with or relaxed, or

(c) that no work is required to secure compliance with the relevant requirements or those requirements as dispensed with or relaxed.

(5) Where the relevant authority have been able to satisfy themselves, after taking all reasonable steps for that purpose that—

(a) the relevant requirements have been satisfied (taking account of any work carried out and any dispensation or relaxation given in accordance with sections 8 and 9 of, and Schedule 2 to, the Act), or

(b) no work is required to secure that the unauthorised work satisfies the relevant requirements (taking account of any such dispensation or relaxation),

they may give a certificate to that effect (in this regulation referred to as “a regularisation certificate”).

(6) A regularisation certificate shall be evidence (but not conclusive evidence) that the relevant requirements specified in the certificate have been complied with.

(6A) Where the relevant authority is the regulator, it must send a copy of each certificate it gives under this regulation in relation to a building to the local authority for the area in which the building is situated.

(7) Where this regulation applies, regulations 12 and 14 shall not apply, and neither the supply of plans nor the taking of any other action in accordance with this regulation is to be treated as an application for building control approval with full plans in accordance with building regulations.

(8) In this regulation “unauthorised building work”—

(a) where the relevant authority is the local authority, means building work, other than work in relation to which an initial notice, an amendment notice, a public body’s notice or a regulator’s notice has effect, which is done without—

(i) a building notice being given to the local authority;

(ii) an application for building control approval with full plans of the work being given to the local authority; or

(iii) a notice of intention to start work being given to the local authority, in accordance with regulation 16(1), where a building notice has been given or an application for building control approval with full plans of the work has been given;

(b) where the relevant authority is the regulator, means building work which is work in relation to which a regulator’s notice has effect but which is done without—

(i) a building notice being given to the regulator;

(ii) an application for building control approval with full plans of the work being given to the regulator; or

(iii) a notice of intention to start work being given to the regulator, in accordance with regulation 16(1), where a building notice has been given or an application for building control approval with full plans of the work has been given.

PART 4 — Supervision of Building Work Otherwise than by Local Authorities

Supervision of building work otherwise than by local authorities

19

(1) Regulations 12 (giving of a building notice or deposit of plans), 16 (notice of commencement and completion of certain stages of work), 17 (completion certificates), 17A (Certificate for building occupied before work is completed) 20 (provisions applicable to self-certification schemes), 27 (CO₂ emission rate calculations), 27A (fabric energy efficiency rate calculations), 27C (target primary energy rate calculations for new buildings), ... 37 (wholesome water consumption calculation), 41 (sound insulation testing), 42 (mechanical ventilation air flow rate testing), 43 (pressure testing), 44 (commissioning) , 45 (testing of building work) and 46 (sampling of material) shall not apply in respect of any work specified in an initial notice, an amendment notice or a public body's notice, which is in force.

(2) Regulations 45 and 46 shall not apply in respect of any work in relation to which a final certificate or a public body's final certificate has been accepted by the local authority.

PART 5 — Self-certification schemes and third party certification schemes

Provisions applicable to self-certification schemes

20

(1) This regulation applies to the extent that the building work consists only of work of a type described in column 1 of the Table in Schedule 3 and the work is carried out by a person who is described in the corresponding entry in column 2 of that Table in respect of that type of work.

(1A) Where this regulation applies and the building work in question relates to a higher-risk building, the client must make the person carrying out the work aware that the building is a higher-risk building.

(2) Where this regulation applies, the local authority building control authority are 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 work.

(3) Where this regulation applies, the person carrying out the work shall, not more than 30 days after the completion of the work—

(a) give to the occupier a copy of the certificate referred to in paragraph (2); and

(b) give to the local authority building control authority—

(i) notice to that effect, or

(ii) the certificate referred to in paragraph (2).

(3A) A local authority building control authority shall store in a retrievable form copies of the notices and certificates given to it in accordance with paragraph (3)(b).

(3B) If the whole or part of the work was paid for using a green deal plan, the person carrying out the work must include—

(a) in the certificate referred to in paragraph (2); and

(b) in the notice given to the local authority building control authority referred to in paragraph (3)(b)(i),

a statement to that effect.

(3C) Such a statement that relates to a part of the work must specify which part was paid for using the green deal plan.

(3D) In this regulation, “green deal plan” has the meaning given in section 1 of the Energy Act 2011.

(4) Paragraph (3) of this regulation does not apply where a person carries out any building work described in Schedule 4.

(5) A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with , and the certificate shall contain this wording.

(6) The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (5).

(6A) Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice or certificate it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.

PART 6 — Energy Efficiency Requirements

Application of energy efficiency requirements

21

(1) The energy efficiency requirements apply to—

(a) the erection of any building of a kind falling within this paragraph;

(b) the extension of any such building, other than an extension to which paragraph (4) applies; and

(2) A building falls within paragraph (1) if it—

(a) is a roofed construction having walls;

(b) uses energy to condition the indoor climate; and

(3) The categories referred to in paragraph (2)(c) are—

(a) buildings which are—

(i) listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 76 of the Historic Environment (Wales) Act 2023;

(ii) in a conservation area designated in accordance with section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990 or section 158 of the Historic Environment (Wales) Act 2023; or

(iii) included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979 or section 3 of the Historic Environment (Wales) Act 2023,

where compliance with the energy efficiency requirements would unacceptably alter their character or appearance;

(b) buildings which are used primarily or solely as places of worship;

(c) temporary buildings with a planned time of use of two years or less, industrial sites, workshops and non-residential agricultural buildings with low energy demand;

(d) stand-alone buildings other than dwellings with a total useful floor area of less than 50m².

(4) This paragraph applies to any extension of a building falling within class 7 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; ...

(b) into which the building's heating system has been extended to heat the conservatory or porch; or

(5) In this regulation, the following terms have the same meaning as in European Parliament and Council Directive 2010/31/EU of 19 May 2010 on the energy performance of buildings (recast) —

(i) “industrial sites”;

(ii) “low energy demand”;

(iii) “non-residential agricultural buildings”;

(iv) “places of worship”;

(v) “stand-alone”;

(vi) “total useful floor area”;

(vii) “workshops”.

Requirements relating to a change to energy status

22

Where there is a change to a building's energy status, such work, if any, shall be carried out as is necessary to ensure that the building complies with the applicable requirements of Part L of Schedule 1.

Requirements relating to thermal elementsRequirements for the renovation or replacement of thermal elements

23

(1) Where the renovation of an individual thermal element—

(a) constitutes a major renovation; or

(b) amounts to the renovation of more than 50% of the element’s surface area;

the renovation must be carried out so as to ensure that the whole of the element complies with paragraph L1(a)(i) of Schedule 1, in so far as that is technically, functionally and economically feasible.

(2) Where the whole or any part of an individual thermal element is proposed to be replaced and the replacement—

(a) constitutes a major renovation; or

(b) (in the case of part replacement) amounts to the replacement of more than 50% of the thermal element’s surface area;

the whole of the thermal element must be replaced so as to ensure that it complies with paragraph L1(a)(i) of Schedule 1, in so far as that is technically, functionally and economically feasible.

Methodology of calculation and expression of energy performance

24

(1) The Secretary of State shall approve—

(a) a methodology of calculation of the energy performance of buildings, including methods for calculating asset ratings and operational ratings of buildings; and

(b) ways in which the energy performance of buildings, as calculated in accordance with the methodology, shall be expressed.

(2) In this regulation—

“asset rating” means an energy performance indicator determined from the amount of energy estimated to meet the different needs associated with a standardised use of the building; and

“operational rating” means an energy performance indicator determined from the amount of energy consumed during the occupation of a building over a period of time and the energy demand associated with a typical use of the building over that period.

Minimum energy performance requirements for new buildings

25

Minimum energy performance requirements shall be approved by the Secretary of State, calculated and expressed in accordance with the methodology approved pursuant to regulation 24, for—

(a) new buildings (which shall include new dwellings), in the form of target CO₂ emission rates; ...

(b) new dwellings, in the form of target fabric energy efficiency rates ; and

CO2 emission rates for new buildings

26

Where a building is erected, it shall not exceed the target CO₂ emission rate for the building that has been approved pursuant to regulation 25 , applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24.

CO2 emission rate calculations

27

(1) This regulation applies where a building is erected and regulation 26 applies.

(2) The person carrying out the work must—

(a) where the new building is a higher-risk building, ensure the application for building control approval in relation to the work is accompanied by a notice which specifies—

(i) the target CO₂ emission rate for the building, calculated and expressed in accordance with the methodology approved pursuant to regulation 24,

(ii) the CO₂ emission rate for the building as designed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24, and

(iii) a list of specifications to which the building is to be constructed;

(b) in any other case, not later than the day before the work starts, give the building control authority a notice which specifies the matters set out in paragraphs (i) to (iii) of sub-paragraph (a).

(3) The person carrying out the work must—

(a) where the new building is a higher-risk building, ensure the application for a completion certificate in relation to the work is accompanied by—

(i) a notice which specifies—

(aa) the target CO₂ emission rate for the building, calculated and expressed in accordance with the methodology approved pursuant to regulation 24,

(bb) the CO₂ emission rate for the building as constructed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24, and

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

(ii) a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraphs (aa) to (cc) of paragraph (i);

(b) in any other case, not later than five days after the work has been completed, give the building control authority a notice which specifies the matters mentioned in sub-paragraphs (aa) to (cc) of sub-paragraph (a)(i) or a certificate of the sort mentioned in sub-paragraph (a)(ii).

(4) A building control authority are authorised to accept, as evidence that the requirements of regulation 26 have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce energy performance certificates for that category of building.

(4A) Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice or certificate it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.

(5) In this regulation, “specifications” means specifications used for the calculation of the CO₂ emission rate.

Consequential improvements to energy performance

28

(1) Paragraph (2) applies to an existing building with a total useful floor area over 1,000m² where the proposed building work consists of or includes—

(a) an extension;

(b) the initial provision of any fixed building services; or

(2) Subject to paragraph (3), where this paragraph applies, such work, if any, shall be carried out as is necessary to ensure that the building complies with the requirements of Part L of Schedule 1.

(3) Nothing in paragraph (2) requires work to be carried out if it is not technically, functionally and economically feasible.

Energy performance certificates

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Energy assessors

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty of care

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Right to copy documents

33

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of building regulations to educational buildings and buildings of statutory undertakers

34

(1) Regulations 11(3), 21, 23(1)(a), 25 25(a), 25A, 25B, 26 ... and 35(1) apply (in so far as applicable by virtue of regulation 21) to—

(a) educational buildings and buildings of statutory undertakers (notwithstanding section 4(1) of the Act);

(b) Crown buildings; and

(2) In this regulation “educational buildings and buildings of statutory undertakers” means buildings which fall within paragraphs (a), (b) or (c) of section 4(1) of the Act.

Interpretation of Part 6

35

(1) In this Part—

“building” means the building as a whole or parts of it that have been designed or altered to be used separately;

“building envelope” in relation to a building means the walls, floor, roof, windows, doors, roof windows and roof-lights;

“Crown authority” means the Crown Estate Commissioners, a Minister of the Crown, a government department, any other person or body whose functions are performed on behalf of the Crown (not being a person whose functions are performed on behalf of Her Majesty in her private capacity), or a person acting in right of the Duchy of Lancaster or the Duchy of Cornwall;

“Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a Government Department, or held in trust for Her Majesty for the purposes of a government department;

“Crown building” means a building in which there is a Crown interest or a Duchy interest;

“Duchy interest” means an interest belonging to her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall;

“energy assessor” means an individual who is a member of an accreditation scheme approved by the Secretary of State in accordance with regulation 22 (accreditation schemes) of the Energy Performance of Buildings (England and Wales) Regulations 2012; ...

“energy performance certificate” means a certificate which complies with the requirements of regulation 9 (energy performance certificates) or 9A (energy performance certificates in respect of excluded buildings) of the Energy Performance of Buildings (England and Wales) Regulations 2012;”;

“energy performance of a building” means the calculated or measured amount of energy needed to meet the energy demand associated with a typical use of the building, which includes, inter alia, energy used for heating, cooling, ventilation, hot water and lighting;

“fabric energy efficiency” means the space heating and cooling requirements per square metre of floor area of a new dwelling;

“major renovation” means the renovation of a building where more than 25% of the surface area of the building envelope undergoes renovation; ...

“nearly zero-energy building” means a building that has a very high energy performance, as determined in accordance with a methodology approved under regulation 24, where the nearly zero or very low amount of energy required should be covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearby;

“new dwelling” does not include a dwelling that is formed by a material change of use of a building.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 7 — Water Efficiency

Water efficiency of new dwellings

36

(1) The potential consumption of wholesome water by persons occupying a new dwelling must not exceed the requirement in paragraph (2).

(2) The requirement referred to in paragraph (1) is either—

(a) 125 litres per person per day; or

(b) in a case to which paragraph (3) applies, the optional requirement of 110 litres per person per day,

as measured in either case in accordance with a methodology approved by the Secretary of State.

(3) This paragraph applies where the planning permission under which the building work is carried out—

(a) specifies the optional requirement in paragraph (2)(b); and

(b) makes it a condition that that requirement must be complied with.

(4) In this Part, “new dwelling” does not include a dwelling that is formed by a material change of use of a building within the meaning of regulation 5(g).

Wholesome water consumption calculation

37

(1) Where regulation 36 applies, the person carrying out the work must give the building control authority a notice which specifies—

(a) which of the requirements in regulation 36(2)(a) or (b) applies to the dwelling; and

(b) the potential consumption of wholesome water per person per day in relation to the completed dwelling.

(2) The person carrying out the work must—

(a) where the dwelling is within a higher-risk building, ensure the notice accompanies the application for a completion certificate in relation to the work;

(b) in any other case, give the notice to the building control authority not later than five days after the work has been completed.

(3) Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.

PART 8 — Information to be Provided by the Person Carrying Out Work

Fire safety information

38

(1) This regulation applies where building work—

(a) consists of or includes the erection or extension of a relevant building; or

(b) is carried out in connection with a relevant change of use of a building,

and Part B of Schedule 1 imposes a requirement in relation to the work.

(2) The person carrying out the work must give fire safety information to the responsible person no later than—

(a) where the building, proposed building or extension to which the building work relates is not occupied during the building work, the date of completion of the work or the date of occupation of the building or the extension, whichever is the earlier;

(b) in any other case, the date of completion of the work.

(2A) The responsible person must give the person carrying out the work a notice acknowledging receipt of the fire safety information and confirming the information provided is sufficient to enable them to understand, operate and maintain the building (and the fire safety systems in it) after the building work in question.

(2B) Subject to paragraph (2D), the person carrying out the work must give a notice to the relevant authority—

(a) confirming that they have given the fire safety information to the responsible person pursuant to paragraph (2), and

(b) stating that they have received the notice from the responsible person pursuant to paragraph (2A) or where they have not received the notice, stating the steps taken to obtain the notice from the responsible person and the dates they were taken.

(2C) The notification under paragraph (2B) must be given no later than—

(a) where regulation 20 (provisions applicable to self-certification schemes) applies to the work, 30 days after the date referred to in paragraph (2),

(b) in any other case, five days after the date referred to in paragraph (2).

(2D) Paragraphs (2B) and (2C) do not apply where regulation 20A (provisions applicable to third party certification schemes) applies to the work and instead paragraphs (2E) to (2G) apply.

(2E) Where this paragraph applies, the person carrying out the work must notify the third party certifier appointed under regulation 12(6)(c)—

(a) confirming that they have given the fire safety information to the responsible person pursuant to paragraph (2), and

(b) stating that they have received the notice from the responsible person pursuant to paragraph (2A) or where they have not received the notice, stating the steps taken to obtain the notice from the responsible person and the dates they were taken.

(2F) The notification under paragraph (2E) must be given no later than seven days after the date referred to in paragraph (2).

(2G) Within 30 days of receiving the notification under paragraph (2E) the third party certifier appointed under regulation 12(6)(c) must notify the relevant authority confirming receipt of the notification under paragraph (2E).

(3) In this regulation—

(a) “fire safety information” means information relating to the design and construction of the building or extension, and the services, fittings and equipment provided in or in connection with the building or extension which will assist the responsible person to operate and maintain the building or extension with reasonable safety;

(b) a “relevant building” is a building to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of building work;

(c) a “relevant change of use” is a material change of use where, after the change of use takes place, the Regulatory Reform (Fire Safety) Order 2005 will apply, or continue to apply, to the building; and

(d) “responsible person” has the meaning given by article 3 of the Regulatory Reform (Fire Safety) Order 2005.

Information about ventilation

39

(1) This regulation applies where paragraph 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.

Information about use of fuel and power

40

(1) This regulation applies where paragraph L1 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 provide to the owner sufficient information about the building, the fixed building services and their maintenance requirements so that the building can be operated in such a manner as to use no more fuel and power than is reasonable in the circumstances.

PART 9 — Testing and Commissioning

Sound insulation testing

41

(1) Subject to paragraph (4) below, this regulation applies to—

(a) building work in relation to which paragraph E1 of Schedule 1 imposes a requirement; and

(b) work which is required to be carried out to a building to ensure that it complies with paragraph E1 of Schedule 1 by virtue of regulation 6(1)(f) or 6(2)(b).

(2) Where this regulation applies, the person carrying out the work shall, for the purpose of ensuring compliance with paragraph E1 of Schedule 1—

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The Building Regulations 2010

PART 1 — General

Citation and commencement

1

Interpretation

2

PART 2 — Control of Building Work

Meaning of building work

3

Requirements relating to building work

4

Meaning of material change of use

5

Requirements relating to material change of use

6

Materials and workmanship

7

Limitation on requirements

8

Exempt buildings and work

9

Exemption of the Metropolitan Police Authority from procedural requirements

10

Power to dispense with or relax requirements

11

PART 3 — Notices, Plans and Certificates

Giving of a building notice or deposit of plans

12

Particulars and plans where a building notice is given

13

Full plans

14

Consultation with sewerage undertaker

15

Notice of commencement and completion of certain stages of work

16

Completion certificates

17

Unauthorised building work

18

PART 4 — Supervision of Building Work Otherwise than by Local Authorities

Supervision of building work otherwise than by local authorities

19

PART 5 — Self-certification schemes and third party certification schemes

Provisions applicable to self-certification schemes

20

PART 6 — Energy Efficiency Requirements

Application of energy efficiency requirements

21

Requirements relating to a change to energy status

22

Requirements relating to thermal elementsRequirements for the renovation or replacement of thermal elements

23

Methodology of calculation and expression of energy performance

24

Minimum energy performance requirements for new buildings

25

CO2 emission rates for new buildings

26

CO2 emission rate calculations

27

Consequential improvements to energy performance

28

Energy performance certificates

29

Energy assessors

30

Related party disclosures

31

Duty of care

32

Right to copy documents

33

Application of building regulations to educational buildings and buildings of statutory undertakers

34

Interpretation of Part 6

35

PART 7 — Water Efficiency

Water efficiency of new dwellings

36