The Building Regulations 2010

Type Statutory-Instrument
Publication 2010-09-06
Last updated 2025-12-20
State In force
Department King's Printer of Acts of Parliament
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  • (3) A building to which this regulation applies must be provided with an automatic fire suppression system which is installed and operates in accordance with the requirements set in regulation 37B.
  • (4) This regulation does not apply to buildings which are—
  • (a) listed in accordance with section 76 of the Historic Environment (Wales) Act 2023;
  • (b) in a conservation area designated in accordance with section 158 of the Historic Environment (Wales) Act 2023; or
  • (c) included in the schedule of monuments maintained under section 3 of the Historic Environment (Wales) Act 2023,

where installation of a fire suppression system would unacceptably alter their character or appearance.

  • (5) This regulation does not apply to temporary buildings with a planned time of use of two years or less.

Requirements of automatic fire suppression systems

37B

For the purposes of regulation 37A(3), the requirements of an automatic fire suppression system are the requirements set out in any document approved and issued under section 6 of the Building Act 1984 for the purpose of providing practical guidance as to the requirements of regulation 37A.

New buildings: minimum energy performance requirements

25C

Minimum energy performance requirements must be approved by the Welsh Ministers, calculated and expressed in accordance with the methodology approved pursuant to regulation 24, for—

  • (a) new buildings ..., in the form of target primary energy ... rates; and
  • (b) when a dwelling is erected, in the form of target fabric performance values.

CO2 emission rates for new buildings

Primary energy consumption rates for new buildings Fabric energy efficiency rates

Fabric performance values for new dwellings

26B

Where a dwelling is erected, it must not exceed the target fabric performance values for the dwelling which have been approved pursuant to regulation 25C(b) , applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24.

CO2 emission rate calculations

Fabric energy efficiency rate calculations

Fabric performance values calculations

27B
  • (1) This regulation applies where a dwelling is erected and regulation 26B applies.
  • (2) Not later than the day before the work starts, the person carrying out the work must give the local authority a notice which specifies
  • (a) the target fabric performance values for the dwelling , calculated and expressed in accordance with the methodology approved pursuant to regulation 24;
  • (b) the ... fabric performance values for the dwelling as designed , calculated and expressed in accordance with the methodology approved pursuant to regulation 24; and
  • (c) a list of specifications to which the dwelling is to be constructed.
  • (3) Not later than five days after the work has been completed, the person carrying out the work must give the local authority
  • (a) a notice which specifies
  • (i) the target fabric performance values for the dwelling , calculated and expressed in accordance with the methodology approved pursuant to regulation 24;
  • (ii) the ... fabric performance values for the dwelling as constructed , calculated and expressed in accordance with the methodology approved pursuant to regulation 24; and
  • (iii) whether the dwelling has been constructed in accordance with the list of specifications referred to in paragraph 2(c), and if not a list of any changes to those specifications; or
  • (b) a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraph (a).
  • (4) A local authority is authorised to accept, as evidence that the requirements of regulation 26B 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.
  • (5) In this regulation, “specifications” means specifications used for the calculation of the fabric performance values.

Consequential improvements to energy performance

Energy performance certificates

Recommendation reports

Energy assessors

Duty of care

Right to copy documents

Application of building regulations to educational buildings, buildings of statutory undertakers and Crown Buildings

Interpretation of Part 6

Access to and use of buildings other than dwellings Access to and use of buildings other than dwellings
M1.Reasonable provision must be made for people to—(a) gain access to; and(b) use, the building and its facilities. Requirement M1 does not apply toany part of a building that is used solely to enable the building or any service or fitting in the building to be inspected, repaired or maintained.
Access to extensions to buildings other than dwellings Access to extensions to buildings other than dwellings
M2.Suitable independent access must be provided to the extension where reasonably practicable. Requirement M2 does not apply where suitable access to the extension is provided through the building that is extended.
Sanitary conveniences in extensions to buildings other than dwellings Sanitary conveniences in extensions to buildings other than dwellings
M3.If sanitary conveniences are provided in any building that is to be extended, reasonable provision shall be made within the extension for sanitary conveniences. Requirement M3 does not apply where there is reasonable provision for sanitary conveniences elsewhere in the building, such that people occupied in, or otherwise having occasion to enter the extension, can gain access to and use those sanitary conveniences.
Access to and use of dwellings Access to and use of dwellings
Category 1- visitable dwelling M4(1).Reasonable provision must be made for people to—(a) gain access to; and(b) use, the dwelling and its facilitiesCategory 2- accessible and adaptable dwellingsM4(2) optional requirement(1) Reasonable provision must be made for people to—(a) gain access to; and(b) use, the dwelling and its facilities.(2) The provision made must be sufficient to—(a) meet the needs of occupants with differing needs, including some older or disabled people; and(b) to allow adaptation of the dwelling to meet the changing needs of occupants over time.Category 3- wheelchair user dwellingsM4(3) optional requirement(1) Reasonable provision must be made for people to—(a) gain access to; and(b) use, the dwelling and its facilities.(2) The provision made must be sufficient to—(a) allow simple adaptation of the dwelling to meet the needs of occupants who use wheelchairs; or(b) meet the needs of occupants who use wheelchairs. Requirement M4(1) does not apply to:(a) an extension to a dwelling; or(b) any part of a building that is used solely to enable the building or any service or fitting in the building to be inspected, repaired or maintained.Optional requirement M4(2)—(a) may apply only in relation to a dwelling that is erected;(b) will apply in substitution for requirement M4(1);(c) does not apply where optional requirement M4(3) applies;(d) does not apply to any part of a building that is used solely to enable the building or any service or fitting in the building to be inspected, repaired or maintained.Optional requirement M4(3)—(a) may apply only in relation to a dwelling that is erected;(b) will apply in substitution for requirement M4(1);(c) does not apply where optional requirement M4(2) applies;(d) does not apply to any part of a building that is used solely to enable the building or any service or fitting in the building to be inspected, repaired or maintained.Optional requirement M4(3)(2)(b) applies only where the planning permission under which the building work is carried out specifies that it shall be complied with.
Overheating Mitigation Overheating Mitigation
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O1.—(1) Reasonable provision must be made to—(a) limit unwanted solar gains in summer;(b) provide an adequate means to remove heat from the indoor environment.(2) In meeting the obligations in sub-paragraph (1)—(a) account must be taken of the safety of any occupant, and their reasonable enjoyment of the building; and(b) mechanical cooling may only be used where insufficient heat is capable of being removed from the indoor environment without it. Requirement O1 applies only to the erection of the following buildings—(a) a dwelling;(b) an institution; or(c) any other building containing one or more rooms for residential purposes (other than a room in a hotel).

PART 9A — Infrastructure for electronic communications

Application of paragraph R1 of Schedule 1 to educational buildings, buildings of statutory undertakers and Crown buildings

44A
  • (1) The requirements of paragraph R1 (in-building physical infrastructure for high-speed electronic communications networks) of Schedule 1 apply (insofar as applicable to other buildings) also to—
  • (a) educational buildings and buildings of statutory undertakers (notwithstanding section 4(1) of the Act);
  • (b) Crown buildings; and
  • (c) building work carried out or proposed to be carried out by Crown authorities.
  • (2) In this regulation “educational buildings and buildings of statutory undertakers” means buildings that fall within paragraphs (a), (b) or (c) of section 4(1) of the Act

Exemptions from paragraph R1 of Schedule 1

44B

The requirements of paragraph R1 (in-building physical infrastructure for high-speed electronic communications networks) of Schedule 1 do not apply to the following types of building or building work—

  • (a) buildings which are—
  • (i) listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 section 76 of the Historic Environment (Wales) Act 2023, or
  • (ii) in a conservation area designated in accordance with section 69 of that Act 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 section 3 of the Historic Environment (Wales) Act 2023,

where compliance with paragraph R1 of Schedule 1 would unacceptably alter their character or appearance;

  • (b) buildings—
  • (i) occupied by the Ministry of Defence or the armed forces of the Crown, or
  • (ii) otherwise occupied for purposes connected to national security;
  • (c) buildings situated in isolated areas where the prospect of high-speed connection is considered too remote to justify equipping the building with high-speed ready in-building physical infrastructure or an access point;
  • (d) major renovation works in cases in which the cost of compliance with paragraph R1 of Schedule 1 would be disproportionate to the benefit gained.

Interpretation of Part R of Schedule 1

44C

In this Part and in Part R of Schedule 1—

  • “access point” means a physical point, located inside or outside the building, accessible to undertakings providing or authorised to provide public communications networks, where connection to the high-speed ready in-building physical infrastructure , or as the case requires the gigabit-ready physical infrastructure, is made available;
  • gigabit-capable electronic communications network” means an electronic communications network that is capable of delivering broadband access services at download speeds of at least 1,000 Mbps;
  • gigabit-capable public electronic communications network” means a public electronic communications network that is a gigabit-capable electronic communications network;
  • gigabit-ready physical infrastructure” means physical infrastructure or installations, including elements under joint ownership, intended to host wired or wireless gigabit-capable public electronic communications networks;
  • “high-speed electronic communications network” means an electronic communications network which is capable of delivering broadband access services at speeds of at least 30 Mbps;
  • “high-speed ready in-building physical infrastructure” means in-building physical infrastructure intended to host elements, or enable delivery, of high-speed electronic communications networks;
  • “in-building physical infrastructure” means physical infrastructure or installations at the end-user’s location, including elements under joint ownership, intended to host wired or wireless access networks, where such access networks are capable of delivering electronic communications services and connecting the building access point with the network termination point;
  • “major renovation works” means works at the end-user’s location encompassing structural modifications of the entire in-building physical infrastructure, or of a significant part of it;
  • “network termination point” means a physical point at which an occupier is provided with access to high-speed electronic communications networks.
  • public electronic communications network” has the meaning given by section 151(1) of the Communications Act 2003.
Unauthorised access Unauthorised access
Q1Reasonable provision must be made to deter and resist unauthorised access to—(a) any dwelling; and(b) any part of a building from which access can be gained to a flat within the building. Requirement Q1 applies only in relation to new dwellings.Requirement Q1 applies only when a dwelling is erected.

Review of Part 9A and Part R of Schedule 1

55
  • (1) Before the end of each review period the Secretary of State must—
  • (a) carry out a review of Part 9A and Part R of Schedule 1; and
  • (b) publish a report setting out the conclusions of the review.
  • (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  • (3) The report must in particular—
  • (a) set out the objectives intended to be achieved by the regulatory provision in Part 9A and Part R of Schedule 1;
  • (b) assess the extent to which those objectives have been 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 that imposes less onerous regulatory provision.
  • (4) In this regulation, “review period” means—
  • (a) the period of five years beginning on the 9th May 2016; and
  • (b) subject to paragraph (5), each successive period of five years.
  • (5) If a report under this regulation is published before the last day of the review period to which it relates, the next review period will begin with the day on which that report is published.

Fabric energy efficiency rates

Target primary energy rates for new buildings

26C

Where a building is erected it must not exceed the target primary energy rate for the building which has been approved pursuant to regulation 25(c), applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24.

CO2 emission rate calculations

Fabric energy efficiency rate calculations

Fabric performance values calculations

Target primary energy rate calculations for new buildings

27C
  • (1) This regulation applies where a building is erected.
  • (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 primary energy rate for the building, calculated and expressed in accordance with the methodology approved pursuant to regulation 24,
  • (ii) the calculated target primary energy 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 primary energy rate for the building, calculated and expressed in accordance with the methodology approved pursuant to regulation 24,
  • (bb) the calculated target primary energy 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 is authorised to accept, as evidence that the requirements of regulation 26C 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 target primary energy rate.

Consequential improvements to energy performance

Energy performance certificates

Recommendation reports

Energy assessors

Duty of care

Right to copy documents

Application of building regulations to educational buildings, buildings of statutory undertakers and Crown Buildings

Interpretation of Part 6

Information about systems for on-site generation of electricity

40A
  • (1) This regulation applies to building work in respect of a building in relation to which paragraph L2 of Schedule 1 applies.
  • (2) The person carrying out the work must, not later than five days after the work has been completed, provide to the owner sufficient information about the system for on-site electricity generation in respect of its operation and maintenance requirements so that the system may be operated and maintained in such a manner as to produce the maximum electricity that is reasonable in the circumstances and delivers this electricity to the optimal place for use.

Information about overheating

40B
  • (1) This regulation applies to building work in respect of a building where Part O of Schedule 1 applies where Part O of Schedule 1 imposes a requirement in relation to building work.
  • (2) The person carrying out the work must, not later than five days after the work has been completed, give sufficient information to the owner about the provision made in accordance with Part O so that the systems in place further to Part O can be operated in such a manner as to protect against overheating.

Commissioning in respect of a system for on-site electricity generation

44ZA
  • (1) This regulation applies to building work in respect of a building in relation to which paragraph L2 of Schedule 1 imposes a requirement, but does not apply to the provision or extension of any system for on-site electricity generation where testing and adjustment is not possible.
  • (2) Where this regulation applies the person carrying out the work must, for the purpose of ensuring compliance with paragraph L2 of Schedule 1, give to the building control authority a notice confirming that the system for on-site electricity generation has been commissioned.
  • (3) The notice must be given—
  • (a) in the case where the building work is higher-risk building work for which an application for a completion certificate is required, to the regulator with the application;
  • (b) in any other case, to the building control authority—
  • (i) not later than the date on which the notice required by regulation 16(4) of these Regulations or 22A(1) of the Building (Registered Building Control Approvers etc.) (England) Regulations 2024 is required to be given; or
  • (ii) where that regulation does not apply, not more than 30 days after completion of the work.
  • (4) 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 9B — Infrastructure for the charging of electric vehicles

Application of paragraph S1 of Schedule 1 (the erection of new residential buildings)

44D
  • (1) The requirements of paragraph S1 of Schedule 1 apply in relation to the erection of a new residential building with associated parking as follows.
  • (2) The number of electric vehicle charge points that must be installed is the maximum number of electric vehicle charge points that it is possible to install at an average sum of £3600 or less for the connection cost of each electric vehicle charge point connection (“the £3600 cap”).
  • (3) If it is not possible to completely fulfil the requirements of paragraph S1(2) of Schedule 1 as a result of the operation of the £3600 cap, cable routes for electric vehicle charge points must be installed in the associated parking spaces that would otherwise be required to have electric vehicle charge points, but for the operation of the £3600 cap.
  • (4) Where the new residential building 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 S1 of Schedule 1 must first be applied in relation to those 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 S1(2) of Schedule 1, cable routes for electric vehicle charge points must be installed in—
  • (aa) the number of 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 the covered car park, corresponds to the total number of dwellings with associated parking, where the total number of associated parking spaces is 10 or less;
  • (bb) all the associated parking spaces in the covered car park, where the total number of associated parking spaces is both less than the number of dwellings with associated parking and 10 or less; and
  • (cc) all the associated parking spaces in the covered car park, where the total number of associated parking spaces is more than 10;
  • (b) if all the associated parking spaces are situated in a covered car park, cable routes for electric vehicle charge points must be installed—
  • (i) where there are 10 or fewer parking spaces—
  • (aa) in the number of associated parking spaces in the covered car park which corresponds to the total number of dwellings with associated parking;
  • (bb) in all the parking spaces where there are fewer parking spaces than there are dwellings;
  • (ii) in all the parking spaces in the covered car park, where there are more than 10 parking spaces.

Application of paragraph S2 of Schedule 1 (dwellings resulting from a material change of use)

44E
  • (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.

Application of paragraph S3 of Schedule 1 (residential buildings undergoing major renovation)

44F
  • (1) The requirements of paragraph S3 of Schedule 1 apply to a residential building undergoing major renovation as follows.
  • (2) The requirements of paragraph S3 of Schedule 1 apply if—
  • (a) the major renovation involves building work being done which includes work being done to any of the following—
  • (i) 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 S3 of Schedule 1 to be fulfilled;
  • (ii) the electrical infrastructure of a car park, where the car park is located within the site boundary of the building;
  • (iii) the electrical infrastructure of the building, where a car park is located inside the building;
  • (b) the residential building will have more than 10 associated parking spaces upon completion of that work;
  • (c) subject to paragraph (3), all the required electric vehicle charge points can be accommodated within the incoming electrical supply to the building;
  • (d) the cost of installing all the required electric vehicle charge points and cable routes for electric vehicle charge points does not exceed 7% of the total cost of the major renovation; and
  • (e) the residential building is not one in relation to which paragraph (5) applies.
  • (3) If paragraph (2)(a), (b) and (e) applies, but all the required electric vehicle charge points cannot be accommodated within the incoming electrical supply to the building—
  • (a) the requirements of paragraph S3 of Schedule 1 apply in respect of the maximum number of electric vehicle charge points that can be accommodated within the incoming electrical supply to the building; and
  • (b) cable routes for electric vehicle charge points must be installed in all remaining associated parking spaces.
  • (4) If the cost of installing the required electric vehicle charge points and cable routes for electric vehicle charge points exceeds 7% of the total cost of the major renovation—
  • (a) the residential building is exempt from the requirement to install any electric vehicle charge point; and
  • (b) cable routes for electric vehicle charge points must be installed in all associated parking spaces, except where the cost of that installation exceeds 7% of the total cost of the major renovation.
  • (5) The requirements of paragraph S3 of Schedule 1 do not apply to a residential building which is undergoing major renovation for the principal purpose of improving the fire safety of the external walls or roof of the building.
  • (6) If a residential building undergoing major renovation has, or will have more than 10 associated parking spaces—
  • (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 S3 of Schedule 1 must first be applied in relation to those associated parking spaces; then
  • (ii) cable routes for electric vehicle charge points must be installed in all the associated parking spaces in the covered car park;
  • (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 all the parking spaces in the covered car park.

Application of paragraph S4 of Schedule 1 (erection of new buildings which are not residential buildings or mixed-use buildings)

44G
  • (1) The requirements of paragraph S4 of Schedule 1 apply to the erection of a new building which is not a residential building or a mixed-use building (“new building”) as follows.
  • (2) If such a new building has, or will have, within its site boundary, more than 10 parking spaces—
  • (a) if there are or will be any parking spaces situated in a position other than in a covered car park—
  • (i) the requirements of paragraph S4 of Schedule 1 must first be applied in relation to those parking spaces; then
  • (ii) if the number of parking spaces which are situated in a position other than in a covered car park is insufficient to completely fulfil the requirements of paragraph S4 of Schedule 1, cable routes for electric vehicle charge points must be installed in a sufficient number of parking spaces in the covered car park in order to ensure compliance with the requirements of paragraph S4(b) of Schedule 1;
  • (b) if all the parking spaces are situated in a covered car park, cable routes for electric vehicle charge points must be installed in a minimum of one fifth of the total number of those parking spaces.

Application of paragraph S5 of Schedule 1 (buildings undergoing major renovation which are not residential buildings or mixed-use buildings)

44H
  • (1) The requirements of paragraph S5 of Schedule 1 apply to a building undergoing major renovation, which is not a residential building or a mixed-use building, as follows.
  • (2) The requirements of paragraph S5 of Schedule 1 apply to such a building if—
  • (a) the major renovation involves building work being done which includes work being done to any of the following—
  • (i) 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 the requirements of paragraph S5 of Schedule 1 to be fulfilled;
  • (ii) the electrical infrastructure of a car park, where the car park is located within the site boundary of the building;
  • (iii) the electrical infrastructure of the building, where a car park is located inside the building;
  • (b) upon completion of that major renovation, the building will have more than 10 parking spaces situated within the site boundary of the building;
  • (c) the cost of installing the required electric vehicle charge point and cable routes for electric vehicle charge points does not exceed 7% of the total cost of the major renovation.
  • (3) If the cost of installing the required electric vehicle charge point and cable routes for electric vehicle charge points exceeds 7% of the total cost of the major renovation—
  • (a) such a building is exempt from the requirement to install the electric vehicle charge point; and
  • (b) cable routes for electric vehicle charge points must be installed in a minimum of one fifth of the total number of parking spaces, except where the cost of that installation exceeds 7% of the total cost of the major renovation.
  • (4) If such a building has, or will have, within its site boundary, more than 10 parking spaces—
  • (a) if there are or will be any parking spaces situated in a position other than in a covered car park—
  • (i) the requirements of paragraph S5 of Schedule 1 must first be applied in relation to those parking spaces; then
  • (ii) if the number of parking spaces which are situated in a position other than in a covered car park is insufficient to completely fulfil the requirements of paragraph S5 of Schedule 1, cable routes for electric vehicle charge points must be installed in the number of parking spaces in the covered car park in order to ensure compliance with the requirements of paragraph S5(b) of Schedule 1;
  • (b) if all the parking spaces are situated in a covered car park, cable routes for electric vehicle charge points must be installed in a minimum of one fifth of the total number of those parking spaces.

Application of paragraph S6 of Schedule 1 (the erection of new mixed-use buildings and mixed-use buildings undergoing major renovation)

44I
  • (1) The requirements of paragraph S6 of Schedule 1 apply to the erection of a new mixed-use building and a mixed-use building undergoing major renovation as follows.
  • (2) The requirements of paragraph S6 of Schedule 1 apply if, upon completion, such a mixed-use building will have at least one parking space situated within the site boundary of the building.
  • (3) If such a mixed-use building has, or will have, within its site boundary, a covered car park—
  • (a) if there are or will be any parking spaces situated in a position other than in a covered car park—
  • (i) the requirements of paragraph S6 of Schedule 1 must first be applied in relation to those parking spaces; then
  • (ii) if the number of parking spaces, which are situated in a position other than in a covered car park, is insufficient to completely fulfil the requirements of paragraph S6 of Schedule 1, cable routes for electric vehicle charge points must be installed in accordance with—
  • (aa) regulation 44D(4)(a), in relation to the associated parking spaces for one or more dwellings in a new mixed-use building;
  • (bb) regulation 44F(6)(a), in relation to the associated parking spaces for one or more dwellings in a mixed-use building undergoing major renovation;
  • (cc) regulation 44G(2)(a), in relation to the parking spaces for one or more premises that are not dwellings in a new mixed-use building;
  • (dd) regulation 44H(4)(a), in relation to the parking spaces for one or more premises that are not dwellings in a mixed-use building undergoing major renovation;
  • (b) if all the parking spaces are situated in a covered car park, cable routes for electric vehicle charge points must be installed in accordance with—
  • (i) regulation 44D(4)(b), in relation to the associated parking spaces for one or more dwellings in a new mixed-use building;
  • (ii) regulation 44F(6)(b), in relation to the associated parking spaces for one or more dwellings in a mixed-use building undergoing major renovation;
  • (iii) regulation 44G(2)(b), in relation to the parking spaces for one or more new premises that are not dwellings in a new mixed-use building;
  • (iv) regulation 44H(4)(b), in relation to the parking spaces for one or more premises that are not dwellings in a mixed-use building undergoing major renovation.

Minimum standards of an electric vehicle charge point

44J
  • (1) For the purposes of this Part and Part S of Schedule 1, an electric vehicle charge point must meet the following minimum standards.
  • (2) It must be capable of providing a reasonable power output for each parking space for which it is intended to be used.
  • (3) It must be run on a dedicated circuit.
  • (4) It must be compatible with all vehicles which may require access to it.

Interpretation of this Part and Part S of Schedule 1

44K

In this Part and Part S of Schedule 1—

  • “associated parking”, or “associated parking space”, in relation to a building, means any parking space that is available within the site boundary of the building, for the use by the occupant of, or a visitor to, a dwelling in the building, including any parking space which is for the use of any occupant of, or any visitor to, any dwelling in a building containing more than one dwelling;
  • building envelope” in relation to a building means the walls, floor, roof, windows, doors, roof windows and roof-lights;
  • cable route” means a safe, unobstructed route from the power supply to the envisaged electric vehicle charge point location, for electrical cabling to be installed in the future;
  • carport” means a shelter for one or more vehicles that—has a roof;has one or more open sides; andis not situated underneath or inside a building;
  • connection cost” means the cost of upgrades needed to the electricity system in order to accommodate an electric vehicle charge point, excluding the cost of any building work or the cost of the electric vehicle charge point itself;
  • covered car park” means one or more parking spaces which are situated beneath a roof, but it does not include a carport or a residential garage;
  • electric vehicle” means a vehicle that is capable of being propelled by electrical power derived from a storage battery;
  • electric vehicle charge point” means a device intended for charging a vehicle that is capable of being propelled by electrical power derived from a storage battery (or for discharging electricity stored in such a vehicle);
  • major renovation” means the renovation of a building where more than 25% of the surface area of the building envelope undergoes renovation;
  • mixed-use building” means a building which contains—one or more dwellings; andone or more premises that are not dwellings;
  • “residential building”—means a building which contains one or more dwellings; anddoes not include a mixed-use building;
  • residential garage” means a structure with at least three enclosed sides and a roof for housing one or more vehicles, for the sole use of the occupant of, or a visitor to, a single dwelling;
  • site boundary”, in relation to a building in respect of which building work is being carried out, means the boundary of the land, upon which that building is situated, that is controlled or owned by the same person who owns—that building; orin the case of the erection of a new building, the land upon which building work is being carried out;
  • vehicle” means a vehicle that is intended or adapted for use on roads.

Review of Part 9B and Part S of Schedule 1

56
  • (1) The Secretary of State must from time to time—
  • (a) carry out a review of the regulatory provision contained in Part 9B of, and Part S of Schedule 1 to, these Regulations; and
  • (b) publish a report setting out the conclusions of that review.
  • (2) The first report must be published before 15th June 2027.
  • (3) Subsequent reports must be published at intervals not exceeding 5 years.
  • (4) 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 referred to in paragraph (1)(a);
  • (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.
  • (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).
Overheating mitigation Overheating mitigation
O1(1) Reasonable provision must be made in respect of a dwelling, institution or any other building containing one or more rooms for residential purposes, other than a room in a hotel (“residences”) to—(a) limit unwanted solar gains in summer;(b) provide an adequate means to remove heat from the indoor environment.(2) In meeting the obligations in paragraph (1)—(a) account must be taken of the safety of any occupant, and their reasonable enjoyment of the residence; and(b) mechanical cooling may only be used where insufficient heat is capable of being removed from the indoor environment without it.
Unauthorised access Unauthorised access
--- ---
Q1Reasonable provision must be made to deter and resist unauthorised access to—(a) any dwelling; and(b) any part of a building from which access can be gained to a flat within the building. Requirement Q1 applies only in relation to new dwellings.Requirement Q1 applies only when a dwelling is erected.
Gigabit-ready physical infrastructure Gigabit-ready physical infrastructure
--- ---
RA1.—(1) Building work must be carried out so as to ensure that each dwelling or building that consists of one or more dwellings is equipped with gigabit-ready physical infrastructure that extends from a network termination point for gigabit-capable public electronic communications networks and reaches—(a) a distribution point, or(b) where the person carrying out the building work (“the developer”) has no right to install gigabit-ready physical infrastructure in land in which it would have to be installed if it were to reach a distribution point, as close as is reasonably practicable to a distribution point, or(c) where the developer has no such right and requirement RA2 is excluded or modified by regulation 44ZC, and would be so excluded or modified even if the gigabit-ready physical infrastructure were required to reach as close as is reasonably practicable to a distribution point—(i) as close as is reasonably practicable to a location at which a distribution point is likely to be installed within the relevant 2-year period (a “likely future location”), or(ii) where there is no likely future location that is closer to the building than the closest distribution point already installed, an access point for gigabit-capable public electronic communications networks, or(d) where the developer has no right to install gigabit-ready physical infrastructure in land beyond the building, an access point for gigabit-capable public electronic communications networks.Requirements RA1 and RA2 apply to the erection of a dwelling or of a building that contains one or more dwellings.(2) Where the work concerns a building containing more than one dwelling, the work must be carried out so as to ensure that the building is equipped in addition with a common access point for gigabit-capable public electronic communications networks.(3) In this paragraph—“distribution point” means a distribution point for a gigabit-capable public electronic communications network;“the relevant 2-year period” means the period of 2 years beginning with the earlier of the following—(a) the day on which a building notice, initial notice or public body’s notice relating to work to which this paragraph applies is given; or(b) the day on which an application for building control approval with full plans relating to building work to which this paragraph applies is given.(b) the day on which full plans relating to building work to which this paragraph applies are deposited. Requirements RA1 and RA2 apply to the erection of a dwelling or of a building that contains one or more dwellings.
Connection to gigabit-capable network Connection to gigabit-capable network
RA2. Each dwelling must in addition be provided with a connection to a gigabit-capable public electronic communications network.
High-speed ready in-building physical infrastructure High-speed ready in-building physical infrastructure
R1(1) Building work must be carried out so as to ensure that the building is equipped with a high-speed ready in-building physical infrastructure, up to a network termination point for high-speed electronic communications networks.(2) Where the work concerns a building containing more than one dwelling, the work must be carried out so as ensure that the building is equipped in addition with a common access point for high-speed electronic communications networks. Requirement R1 applies , other than building work to which paragraph RA1 applies, to building work that consists of—(a) the erection of a building; or(b) major renovation works to a building.

Energy efficiency rating

25D

Energy efficiency ratings must be approved by the Welsh Ministers, applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24 for new buildings.

CO2 emission rates for new buildings

Fabric energy efficiency rates

Fabric performance values for new dwellings

Target primary energy rates for new buildings

CO2 emission rate calculations

Fabric energy efficiency rate calculations

Fabric performance values calculations

Target primary energy rate calculations for new buildings

Consequential improvements to energy performance

Energy performance certificates

Recommendation reports

Energy assessors

Duty of care

Right to copy documents

Application of building regulations to educational buildings, buildings of statutory undertakers and Crown Buildings

Interpretation of Part 6

The erection of new residential buildings The erection of new residential buildings
S1(1) A new residential building with associated parking must have access to electric vehicle charge points as provided for in paragraph (2).(2) The number of associated parking spaces which have access to electric vehicle charge points must be—(a) the total number of associated parking spaces, where there are fewer associated parking spaces than there are dwellings contained in the residential building; or(b) the number of associated parking spaces that is equal to the total number of dwellings contained in the residential building, where there are the same number of associated parking spaces as, or more associated parking spaces than, there are dwellings.(3) Cable routes for electric vehicle charge points must be installed in any associated parking spaces which do not, in accordance with paragraph (2), have an electric vehicle charge point where—(a) a new residential building has more than 10 associated parking spaces; and(b) there are more associated parking spaces than there are dwellings contained in the residential building.
Dwellings resulting from a material change of use Dwellings resulting from a material change of use
S2Where one or more dwellings with associated parking result from a building, or a part of a building, undergoing a material change of use at least one associated parking space for the use of each such dwelling must have access to an electric vehicle charge point.
Residential buildings undergoing major renovation Residential buildings undergoing major renovation
S3Where a residential building undergoing major renovation will have more than 10 associated parking spaces after the major renovation is completed—(a) at least one associated parking space for the use of each dwelling must have access to an electric vehicle charge point;(b) cable routes for electric vehicle charge points must be installed in all additional associated parking spaces.
Erection of new buildings which are not residential buildings or mixed-use buildings Erection of new buildings which are not residential buildings or mixed-use buildings
S4Where a new building which is not a residential building or a mixed-use building has more than 10 parking spaces—(a) one of those parking spaces must have access to one electric vehicle charge point; and(b) cable routes for electric vehicle charge points must be installed in a minimum of one fifth of the total number of remaining parking spaces.
Buildings undergoing major renovation which are not residential buildings or mixed-use buildings Buildings undergoing major renovation which are not residential buildings or mixed-use buildings
S5Where a building undergoing major renovation, which is not a residential building or a mixed-use building, will have more than 10 parking spaces after the major renovation is completed—(a) one of those parking spaces must have access to one electric vehicle charge point; and(b) cable routes for electric vehicle charge points must be installed in a minimum of one fifth of the total number of remaining parking spaces.
The erection of new mixed-use buildings and mixed-use buildings undergoing major renovation The erection of new mixed-use buildings and mixed-use buildings undergoing major renovation
S6(1) The requirements of paragraph S1 apply in respect of the part of the new mixed-use building that contains one or more dwellings and the associated parking spaces that are assigned to those dwellings.(2) The requirements of paragraph S3 apply in respect of the part of the mixed-use building that is undergoing major renovation that contains one or more dwellings and the associated parking spaces that are assigned to those dwellings.(3) The requirements of paragraph S4 apply in respect of the part of the new mixed-use building that contains one or more new premises that are not dwellings and the parking spaces that are assigned to those premises.(4) The requirements of paragraph S5 apply in respect of the part of the mixed-use building that is undergoing major renovation that contains one or more premises that are not dwellings and the parking spaces that are assigned to those premises.

Exemptions from paragraphs RA1 and RA2 of Schedule 1

44ZB
  • (1) The requirements of paragraphs RA1 and RA2 of Schedule 1 (gigabit-ready physical infrastructure and connection to gigabit-capable network) do not apply to buildings—
  • (a) to be occupied by the Ministry of Defence or the armed forces of the Crown, or
  • (b) to be otherwise occupied for purposes connected to national security.
  • (2) The requirements of paragraph RA1 of Schedule 1 do not apply in relation to a building if all the following conditions are met—
  • (a) the building is situated in an area that is isolated from public electronic communications networks of any of the kinds mentioned in regulation 44ZC(2) or (3),
  • (b) paragraph RA2 of that Schedule does not apply because the case falls within regulation 44ZC(4), and
  • (c) the prospect of a connection with a network of any of the kinds mentioned in regulation 44ZC(2) or (3) is considered too remote to justify equipping the building with gigabit-ready physical infrastructure or an access point.

Cases in which paragraph RA2 of Schedule 1 modified or excluded

44ZC
  • (1) The requirement in paragraph RA2 of Schedule 1 has effect subject to paragraphs (2) to (4).
  • (2) Where a person carrying out building work of the kind described in the second column of paragraph RA1 of Schedule 1 (“the developer”)—
  • (a) is unable to secure the provision of a connection with a gigabit-capable public electronic communications network for a cost not exceeding the cost cap, but
  • (b) is able to secure the provision of a connection with a high-speed public electronic communications network for such a cost,

paragraph RA2 of Schedule 1 is to be read as requiring the provision of a connection with a high-speed public electronic communications network.

  • (3) Where the developer—
  • (a) is unable to secure the provision of a connection with a high-speed public electronic communications network for a cost not exceeding the cost cap, but
  • (b) is able to secure the provision of a connection with a USO-standard public electronic communications network for such a cost,

paragraph RA2 of Schedule 1 is to be read as requiring the provision of a connection with a USO-standard public electronic communications network.

  • (4) Where the developer is unable to secure the provision of a connection with a USO-standard public electronic communications network for a cost not exceeding the cost cap, paragraph RA2 of Schedule 1 does not apply.
  • (5) In paragraphs (2) to (4)—
  • high-speed public electronic communications network” means a public electronic communications network that is a high-speed electronic communications network;
  • USO-standard public electronic communications network” means a public electronic communications network that provides at least the minimum download speed for the time being specified by virtue of section 65(2B)(a) of the Communications Act 2003 in the universal service order (as defined by section 151(1) of that Act).
  • (6) The developer is to be treated as being able to secure the provision of a connection mentioned in any of paragraphs (2) to (4) for a cost not exceeding the cost cap unless—
  • (a) the developer has invited at least two suitable providers to make, before the end of the 30th day after the date of the invitation, an offer to provide a connection of the kind mentioned in the paragraph in question, and
  • (b) none of those providers has before that time offered to provide that connection free of charge or at a cost not exceeding the cost cap.
  • (7) The cost cap is £2,000 in respect of each dwelling.
  • (8) In calculating the cost to the developer of securing the provision of a connection—
  • (a) there is to be included value added tax;
  • (b) there is to be excluded—
  • (i) the cost to the developer of installing gigabit-ready physical infrastructure in accordance with paragraph RA1 of Schedule 1,
  • (ii) administrative costs of the developer, and
  • (iii) the cost to an end-user (as defined by section 151(1) of the Communications Act 2003) of the provision of a public electronic communications service.
  • (9) In paragraph (6)(a) “suitable provider” means the provider of a public electronic communications network whom the developer reasonably considers to be likely to be able to provide the connection referred to.

Application of paragraph R1 of Schedule 1 to educational buildings, buildings of statutory undertakers and Crown buildings

Exemptions from paragraph R1 of Schedule 1

Interpretation of Part 9A and of Part R of Schedule 1

Application

2A

Subject to regulation 2B, these Regulations apply to all buildings in England including higher-risk buildings.

Disapplication of certain procedural requirements of the Building Regulations 2010 in relation to higher-risk building work

2B

The following regulations do not apply to higher-risk building work—

  • (a) regulation 12 (giving of a building notice or an application for building control approval);
  • (b) regulation 13 (particulars and plans where a building notice is given);
  • (c) regulation 14 (applications for building control approval with full plans);
  • (d) regulations 14A (determination of applications for building control approval with full plans);
  • (e) regulation 14B (appeal against a local authority’s rejection of an application for building control approval);
  • (f) regulation 14C (appeal against the regulator’s rejection of an application for building control approval for work that is not higher-risk building work);
  • (g) regulation 15 (consultation with sewerage undertaker);
  • (h) regulation 15A (consultation in relation to fire safety);
  • (i) regulation 16 (notices in relation to building work);
  • (j) regulation 17 (completion certificates);
  • (k) regulation 17A (certificate for building occupied before work is completed);
  • (l) regulation 18 (unauthorised building work);
  • (m) regulation 18A (appeal against local authority’s refusal to grant certain certificates);
  • (n) regulation 18B (appeal to regulator in relation to certain decisions);
  • (o) regulation 19 (supervision of building work otherwise than by local authorities);
  • (p) regulation 38 (fire safety information);
  • (q) regulation 39 (information about ventilation);
  • (r) regulation 40 (information about use of fuel and power);
  • (s) regulation 40A (information about systems for on-site generation of electricity);
  • (t) regulation 40B (information about overheating).

PART 2A — Dutyholders and competence

CHAPTER 1 — Client

Suitable arrangements to ensure compliance with requirements etc

11A
  • (1) A client must make suitable arrangements for planning, managing and monitoring a project (including allocation of sufficient time and other resources) so as to ensure compliance with all relevant requirements.
  • (2) Arrangements under paragraph (1) are suitable if—
  • (a) they ensure that the design work is carried out so that the building work to which the design relates, if built, would be in compliance with all relevant requirements;
  • (b) they ensure the building work is carried out in accordance with all relevant requirements;
  • (c) they enable the designers and contractors to cooperate with each other to ensure compliance with all relevant requirements; and
  • (d) they provide for periodic review of the building work (and the design work) included or to be included in the project so as to identify whether it is higher-risk building work.
  • (3) A client must ensure that the arrangements under paragraph (1) are maintained and reviewed throughout the project.
  • (4) A client must provide building information as soon as is practicable to every designer and contractor on the project.
  • (5) A client must cooperate with any other person working on or in relation to a project to the extent necessary to enable any person with a duty or function under these Regulations to fulfil that duty or function.
  • (6) Where there is more than one client in relation to a project—
  • (a) the clients may agree in writing which of them is to be treated for the purposes of these Regulations as the client;
  • (b) except for the duties specified in sub-paragraph (c), only the person who agreed to be treated as the client under sub-paragraph (a) is subject to the duties owed by a client under these Regulations;
  • (c) the duties in the following provisions are owed by all clients—
  • (i) paragraph (4) to the extent that those duties relate to information in the possession of the client or which is reasonably obtainable by or on behalf of the client;
  • (ii) paragraph (5); and
  • (iii) regulation 11B (arrangements as to information: higher-risk building work).

Arrangements as to information: higher-risk building work

11B
  • (1) A client must make suitable arrangements to ensure information is provided to the designers and contractors working on a project which includes any higher-risk building work to make them aware that the project includes higher-risk building work and the nature of the higher-risk building work.
  • (2) Paragraph (1) includes a duty to periodically review the building work (and the design work) included or to be included in the project so as to identify whether it is higher-risk building work and to ensure information is provided under paragraph (1) where the work becomes higher-risk building work.

Domestic clients

11C
  • (1) Where the client is a domestic client the duties in regulations 11A(1) to (3) and 11E(2) to (5) must be carried out by—
  • (a) where there is only one contractor for a project, the contractor;
  • (b) where there is more than one contractor for a project—
  • (i) the principal contractor; or
  • (ii) the principal designer where the client and the principal designer agree in writing the principal designer is to fulfil those duties.
  • (2) If a domestic client fails to make the appointments required by regulation 11D (principal designer and principal contractor)—
  • (a) the designer in control of the design phase of the project is the principal designer;
  • (b) the contractor in control of the construction phase of the project is the principal contractor.
  • (3) Regulation 11D(5) does not apply to a domestic client.

CHAPTER 2

Appointment of principal designer and principal contractor etc

Principal designer and principal contractor

11D
  • (1) Where there is more than one contractor, or it is reasonably foreseeable that more than one contractor will be working on a project, the client must appoint in writing—
  • (a) a designer with control over the design work as the principal designer for the purposes of these Regulations, and
  • (b) a contractor with control over the building work as the principal contractor for the purposes of these Regulations.
  • (2) A client is treated as complying with the requirement in paragraph (1) if, instead of appointing a person for the purposes of these Regulations, they certify, in writing, that the person who is the CDM principal designer, or, as the case may be, the CDM principal contractor, is treated as appointed as the principal designer or, as the case may be, the principal contractor, for the purposes of these Regulations.
  • (3) The appointments under this regulation must be made—
  • (a) in relation to a project which includes higher-risk building work for which an application for building control approval must be submitted to the regulator, before that application is submitted;
  • (b) in relation to any other project, before the construction phase begins.
  • (4) Where the appointment of a principal designer or the principal contractor ends before the end of the project, as soon as reasonably practicable the client must appoint a new principal designer or new principal contractor, as the case may be, under this regulation.
  • (5) Where the client fails to appoint a principal designer (or a replacement principal designer) or, as the case may be, a principal contractor (or a replacement principal contractor), the client must fulfil the duties of the principal designer or the principal contractor, as the case may be, under these Regulations until they appoint another person to that role.
  • (6) Where there is only one contractor working on a project that contractor is to be treated as appointed as the principal contractor and must fulfil the duties of the principal contractor set out in these Regulations.
  • (7) Where paragraph (6) applies and—
  • (a) there is only one designer, or it is reasonably foreseeable that there will be only one designer working on a project, that designer must fulfil the duties of the principal designer set out in these Regulations; or
  • (b) there is more than one designer or it is reasonably foreseeable that there will be more than one designer working on a project at any time—
  • (i) the designers must agree in writing which designer is to fulfil the duties of the principal designer set out in these Regulations (“the lead designer”);
  • (ii) the lead designer must give a copy of the agreement to the client.
  • (8) In relation to higher-risk building work, on appointing a principal designer, for each appointment the client must keep a record, in writing, of the steps it took under paragraph (2) to (4) of regulation 11E (considerations before a person carries out work).
  • (9) In relation to higher-risk building work, on appointing a principal contractor, for each appointment the client must keep a record, in writing, of the steps it took under paragraphs (2), (3) and (5) of regulation 11E (considerations before a person carries out work).
  • (10) In relation to higher-risk building work, on appointing any other person, the person making the appointment must give to the client (and the client must keep) a record, in writing, of the steps the person making the appointment took under regulation 11E(2) (considerations before a person carries out work).

Considerations before a person carries out work

11E
  • (1) This regulation applies where a person (P) is proposing to use any person (A) to carry out any building work or design work.
  • (2) Before permitting A to carry out any work—
  • (a) P must take all reasonable steps to satisfy themself that A—
  • (i) fulfils the requirements in regulation 11F(1) and (2) (competence: general requirement), or
  • (ii) is an individual who is in training to fulfil the requirements in regulation 11F(1) and (2) and arrangements have been put in place to supervise A, and
  • (b) where the work relates to a higher-risk building, P must—
  • (i) ask A whether a serious sanction has occurred, in relation to them, within the 5 years ending on the date of the appointment; and
  • (ii) consider any information available to P relating to any misconduct of A (including any serious sanction).
  • (3) Before permitting A to undertake any work, P must additionally take all reasonable steps to satisfy themselves that A is able to fulfil the duties of regulation 11J (general duty to plan, manage and monitor).
  • (4) Where A is to be appointed as the principal designer, the client must take all reasonable steps to satisfy themselves that A fulfils the requirements in regulations 11F(1) and (2) (competence: general requirement) and 11G(1) (competence: principal designer) in relation to the design work.
  • (5) Where A is to be appointed as the principal contractor, the client must take all reasonable steps to satisfy themselves that A fulfils the requirements in regulations 11F(1) and (2) (competence: general requirement) and 11H(1) (competence: principal contractor) in relation to the building work.
  • (6) Any request to undertake any building work or any design work must not be accepted by A if A does not satisfy the requirements in regulation 11F(1) and (2) (competence: general requirement) at the time of the appointment (except where those requirements do not apply to A by virtue of regulation 11F(3)).
  • (7) A must not act—
  • (a) as the principal designer in relation to any design work if A does not satisfy the requirements in regulations 11F(1) and (2) (competence: general requirement) and 11G(1) (competence: principal designer) at the time of the appointment as the principal designer;
  • (b) as the principal contractor in relation to any building work if A does not satisfy the requirements in regulations 11F(1) and (2) (competence: general requirement) and 11H(1) (competence: principal contractor) at the time of the appointment as the principal contractor.
  • (8) In this regulation “serious sanction” means—
  • (a) the issue to A of a compliance notice which referred to contravention or likely contravention of a requirement of Part A (structure) or Part B (fire safety) of Schedule 1;
  • (b) the issue to A of a stop notice;
  • (c) the conviction of A for any offence under—
  • (i) the Act;
  • (ii) the Health and Safety at Work etc. Act 1974;
  • (iii) the Building Safety Act 2022;
  • (iv) the Regulatory Reform (Fire Safety) Order 2005;
  • (d) a report published by an inquiry under the Inquiries Act 2005 finds that A’s action or inaction resulted in one or more deaths or was likely to have been a contravention of any requirement of—
  • (i) the Act;
  • (ii) Part A (structure) or Part B (fire safety) of Schedule 1;
  • (iii) the Health and Safety at Work etc. Act 1974;
  • (iv) the Building Safety Act 2022;
  • (v) the Regulatory Reform (Fire Safety) Order 2005.

CHAPTER 3

Competence

Competence: general requirement

11F
  • (1) Any person carrying out any building work or any design work must have—
  • (a) where the person is an individual, the skills, knowledge, experience and behaviours necessary,
  • (b) where the person is not an individual, the organisational capability,

to carry out—

  • (i) the building work in accordance with all relevant requirements;
  • (ii) the design work so that the building work to which the design relates, if built, would be in accordance with all relevant requirements.
  • (2) Any person carrying out any building work as a contractor or any design work as a designer must have—
  • (a) where the person is an individual, the skills, knowledge, experience and behaviours necessary,
  • (b) where the person is not an individual, the organisational capability,

to fulfil the duties of a contractor or designer, as the case may be, under these Regulations in relation to the work.

  • (3) The requirements in paragraphs (1) and (2) do not apply to an individual (T) who is in training to fulfil those requirements.
  • (4) The person who asked T to carry out any building work or, as the case may be, any design work must ensure T is adequately supervised when carrying out the work.
  • (5) A person who is in training to fulfil the requirements of a principal contractor or a principal designer may not be appointed as a principal contractor or a principal designer.

Competence: principal designer

11G
  • (1) A principal designer must have—
  • (a) where the person is an individual, the skills, knowledge, experience and behaviours necessary,
  • (b) where the person is not an individual, the organisational capability,

to fulfil the duties of a principal designer under these Regulations in relation to the design work included in the project.

  • (2) Where the principal designer (D) is not an individual, D must designate an individual who has the task of managing its functions as the principal designer.
  • (3) Before making the designation under paragraph (2), D must take all reasonable steps to satisfy themself that the individual to be designated has the skills, knowledge, experience and behaviours necessary to manage the function of principal designer on behalf of D in such a wayas to ensure D fulfils the duties of the principal designer under these Regulations in relation to the design work included in the project.

Competence: principal contractor

11H
  • (1) A principal contractor must have—
  • (a) where the person is an individual, the skills, knowledge, experience and behaviours necessary,
  • (b) where the person is not an individual, the organisational capability,

to fulfil the duties of a principal contractor under these Regulations in relation to the building work included in the project.

  • (2) Where the principal contractor (C) is not an individual, C must designate an individual under C’s control who has the task of managing its functions as the principal contractor.
  • (3) Before making the designation under paragraph (2), C must take all reasonable steps to satisfy themself that the individual to be designated has the skills, knowledge, experience and behaviours necessary to manage the function of principal contractor on behalf of C in such a wayas to ensure C fulfils the duties of the principal contractor under these Regulations in relation to the building work included in the project.

Ceasing to be competent: notification

11I
  • (1) Where at any time a person (A) ceases to satisfy the requirements in regulation 11F(1), 11F(2), 11G(1) or, as the case may be, 11H(1) in relation to any building work or any design work, A must—
  • (a) in a case where A is the principal designer or the principal contractor, notify the client;
  • (b) in a case where there is more than one contractor and A is a designer, notify the person who asked them to carry out the design work and the principal designer;
  • (c) in a case where there is more than one contractor and A is a contractor, notify the person who asked them to carry out the building work and the principal contractor;
  • (d) in any other case, notify the person who asked them to carry out the work.
  • (2) If at the time of the notification under paragraph (1)(b) there is no principal designer appointed, that paragraph has effect as if the reference to the principal designer were a reference to the client.
  • (3) If at the time of the notification under paragraph (1)(c) there is no principal contractor appointed, that paragraph has effect as if the reference to the principal contractor were a reference to the client.

CHAPTER 4

Duties of dutyholders

General duty

11J
  • (1) Any person carrying out any building work must ensure the work carried out by them (and by any workers under their control) is planned, managed and monitored so as to be in compliance with all relevant requirements.
  • (2) Any person carrying out any design work must take all reasonable steps to ensure the design work carried out by them (and by any workers under their control) is planned, managed and monitored so that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.
  • (3) Any person carrying out any building work must cooperate with the client, designers and contractors (including the principal designer and principal contractor, if any) to the extent necessary to ensure that the work is in compliance with all relevant requirements.
  • (4) Any person carrying out any design work must cooperate with the client, designers and contractors (including the principal designer and principal contractor, if any) to the extent necessary to ensure that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.

Additional duties of designers

11K
  • (1) A designer must not start design work unless satisfied that the client is aware of the duties owed by the client for the building work to which the design relates under all relevant requirements.
  • (2) When carrying out design work the designer must take all reasonable steps to ensure that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.
  • (3) In providing a design, a designer must take all reasonable steps to provide sufficient information about the design, construction and maintenance of the building to assist the client, other designers and contractors to comply with all relevant requirements.
  • (4) Where a designer is carrying out only part of the design of the building work which comprises a project, the designer must consider other design work which directly relates to that building work and report any concerns as to compliance with all relevant requirements to the principal designer.
  • (5) If requested to do so, a designer must provide advice to the principal designer or the client on whether any work, to which a design they are preparing or modifying relates, is higher-risk building work.

Additional duties of contractors

11L
  • (1) A contractor must not start any building work unless satisfied that the client is aware of the duties owed by the client under all relevant requirements.
  • (2) A contractor must—
  • (a) ensure the building work they carry out is in compliance with all relevant requirements; and
  • (b) provide each worker under their control with appropriate supervision, instructions and information so as to ensure that the building work is in compliance with all relevant requirements.
  • (3) In relation to building work, a contractor must take all reasonable steps to provide sufficient information about the work to assist the client, other contractors and designers to comply with all relevant requirements.
  • (4) Where a contractor is carrying out only part of the building work which comprises a project, the contractor must consider other work which directly relates to that building work and report any concerns as to compliance with all relevant requirements to the principal contractor.
  • (5) If requested to do so, a contractor must provide advice to the principal contractor or the client on whether any work is higher-risk building work.

Additional duties of a principal designer

11M
  • (1) The principal designer must—
  • (a) plan, manageand monitor the design work during the design phase; and
  • (b) coordinate matters relating to the design work comprised in the project so that all reasonable steps are taken to ensure that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.
  • (2) The principal designer must take all reasonable steps to ensure that—
  • (a) designers, and any other person involved in relation to design work, cooperate with the client, the principal designer, the principal contractor and each other;
  • (b) the design work of all designers is coordinated so that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements; and
  • (c) designers, and any other person involved in relation to design work, comply with the duties under these Regulations.
  • (3) The principal designer must liaise with the principal contractor and share with the principal contractor any information relevant to—
  • (a) the planning, management and monitoring of the building work, and
  • (b) the coordination of building work and design work for the purpose of ensuring compliance with all relevant requirements.
  • (4) Where the principal contractor provides comments to the principal designer in relation to compliance with the relevant requirements, the principal designer must have regard to those comments.
  • (5) The principal designer must—
  • (a) if requested, assist the client in providing information to other designers and contractors;
  • (b) when the principal designer’s appointment ends, no later than 28 days after the end of the appointment, give to the client a document explaining the arrangements it put in place to fulfil the duties under paragraphs (1) to (3).
  • (6) Where a replacement principal designer is appointed, they must review the arrangements the previous principal designer put in place for fulfilling the duties under paragraphs (1) to (3) so that all reasonable steps are taken to ensure that the design is such that if the building work to which the design relates were built in accordance with that design the building work would be in compliance with all relevant requirements.

Additional duties of a principal contractor

11N
  • (1) The principal contractor must—
  • (a) plan, manageand monitor the building work during the construction phase, and
  • (b) coordinate matters relating to the building work comprised in the project to ensure the building work is in compliance with all relevant requirements.
  • (2) The principal contractor must take all reasonable steps to ensure—
  • (a) contractors and any other person involved in relation to the building work cooperate with the client, the principal designer, the principal contractor and each other (including any successor in a role);
  • (b) the building work of all contractors is coordinated so that the work is in compliance with all relevant requirements; and
  • (c) contractors and any other person involved in relation to building work comply with the duties under these Regulations.
  • (3) The principal contractor must liaise with the principal designer and share with the principal designer any information relevant to—
  • (a) the planning, management and monitoring of the design work, and
  • (b) the coordination of building work and design work for the purpose of ensuring compliance with all relevant requirements.
  • (4) Where the principal designer provides comments to the principal contractor in relation to compliance with the relevant requirements the principal contractor must have regard to those comments.
  • (5) The principal contractor must—
  • (a) if requested, assist the client in providing information to other designers and contractors;
  • (b) when the principal contractor’s appointment ends, no later than 28 days after the end of the appointment, give to the client a document explaining the arrangements it put in place to fulfil the duties under paragraphs (1) to (3).
  • (6) Where a replacement principal contractor is appointed it must review the arrangements the previous principal contractor put in place for fulfilling the duties under paragraphs (1) to (3) to ensure that the building work is in compliance with all relevant requirements.

Notification of change of dutyholder

11O
  • (1) This paragraph applies where, in relation to any building work, at any time after an application for building control approval is made or a building notice is given the client for a project changes.
  • (2) Where paragraph (1) applies the new client must give a notice to the relevant authority which includes—
  • (a) the location of the building work;
  • (b) the name, address, telephone number and (if available) email address of the new client and the date of they became the client;
  • (c) the name, address, telephone number and (if available) email address of the previous client and the date they ceased to be the client;
  • (d) where the notice is given by someone on behalf of the new client, a statement signed by the new client confirming they agree to the notice being made and that the information contained in the notice is correct.
  • (3) This paragraph applies where, in relation to any building work, at any time after an application for building control approval is made or a building notice is given the client appoints a principal contractor (or sole contractor) or a principal designer (or sole or lead designer).
  • (4) Subject to paragraph (5), where paragraph (3) applies the client must give a notice to the relevant authority which includes—
  • (a) the location of the building work;
  • (b) the name, address, telephone number and (if available) email address of the person appointed (PA) and the date of appointment;

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