The Building and Approved Inspectors (Amendment) Regulations 2010
2010 No. 719
Building And Buildings, England And Wales
The Building and Approved Inspectors (Amendment) Regulations 2010
Made 9th March 2010
Laid before Parliament 12th March 2010
Coming into force in accordance with regulation 1(2) to (4)
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 1, 3(1), 34 and 35 of, and paragraphs 1, 2, 4, 4A, 7, 8 and 10 of Schedule 1 to, the Building Act 19841, having consulted, in accordance with section 14(3) of that Act, the Building Regulations Advisory Committee and such other bodies as appear to the Secretary of State to be representative of the interests concerned:
Citation and commencement
1.—(1) These Regulations may be cited as the Building and Approved Inspectors (Amendment) Regulations 2010.
(2) Regulations 1 and 21 to 24 shall come into force on 5th April 2010.
(3) Regulations 2 (for the purposes of regulations 13 and 14), 13 and 14 shall come into force on 6th April 2010.
(4) Regulations 2 (for all other purposes), 3 to 12, 15 to 20 and 25 to 28 shall come into force on 1st October 2010.
Amendment of the Building Regulations 2000
2. The Building Regulations 20002are amended as follows.
Amendment of regulation 9
3. In regulation 93(exempt buildings and work)—
(a) in paragraph (3)(b) for “falling within class VII in Schedule 2” substitute “to which paragraph (5A) applies”;
(b) after paragraph (5) insert—
“5A This paragraph applies to any extension of a building falling within class VII in Schedule 2 except a conservatory or porch—
(a) where any wall, door or window separating the conservatory or porch from that building has been removed and not replaced with a wall, door or window; or
(b) into which the building’s heating system has been extended.”.
New regulation 16C
4. After regulation 16B4(fire safety information) insert—
“Information about ventilation
16C.—(1) This regulation applies where Part F1(1) of Schedule 1 imposes a requirement in relation to building work.
(2) The person carrying out the work shall not later than five days after the work has been completed give sufficient information to the owner about the building’s ventilation system and its maintenance requirements so that the ventilation system can be operated in such a manner as to provide adequate means of ventilation.”.
Amendment of regulation 20
5. In regulation 205(supervision of building work otherwise than by local authorities), in paragraph (1) after “20A,” insert “20AA,”.
New regulation 20AA
6. After regulation 20A6(sound insulation testing) insert—
“Mechanical ventilation air flow rate testing
20AA.—(1) This regulation applies where paragraph F1(1) of Schedule 1 imposes a requirement in relation to the creation of a new dwelling by building work.
(2) The person carrying out the work shall, for the purpose of ensuring compliance with paragraph F1(1) of Schedule 1—
(a)
(a) ensure that testing of the mechanical ventilation air flow rate is carried out in accordance with a procedure approved by the Secretary of State; and
(b)
(b) give notice of the results of the testing to the local authority.
(3) The notice referred to in paragraph (2)(b) shall—
(a)
(a) record the results and the data upon which they are based in a manner approved by the Secretary of State; and
(b)
(b) be given to the local authority not later than five days after the final test is carried out.”.
Amendment of regulation 20C
7. In regulation 20C7(commissioning)—
(a) before paragraph (1) insert—
“A1 This regulation applies to building work in relation to which paragraph F1(2) of Schedule 1 imposes a requirement, but does not apply to the provision or extension of any fixed system for mechanical ventilation or any associated controls where testing and adjustment is not possible.”;
(b) in paragraph (2) after “paragraph” insert “F1(2) or”.
Substitution of new regulation 20D
8. For regulation 20D8(CO2 emission rate calculations) substitute—
“CO2 emission rate calculations
20D.—(1) This regulation applies where a building is erected and regulation 17C applies.
(2) Not later than the day before the work starts, the person carrying out the work shall give the local authority a notice which specifies—
(a)
(a) the target CO2 emission rate for the building,
(b)
(b) the calculated CO2 emission rate for the building as designed, and
(c)
(c) a list of specifications to which the building is to be constructed.
(3) Not later than five days after the work has been completed, the person carrying out the work shall give the local authority—
(a)
(a) a notice which specifies—
(i) the target CO2 emission rate for the building,
(ii) the calculated CO2 emission rate for the building as constructed, and
(iii) whether the building has been constructed in accordance with the list of specifications referred to in paragraph (2)(c), and if not a list of any changes to those specifications; or
(b)
(b) a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraph (a).
(4) A local authority is authorised to accept, as evidence that the requirements of regulation 17C have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce such certificates for that category of building.
(5) In this regulation—
“energy assessor” means an individual who is a member of an accreditation scheme approved by the Secretary of State in accordance with regulation 17F; and
“specifications” means specifications used for the calculation of the CO2 emission rate.”.
Amendment of regulation 22
9. In regulation 229(contravention of certain regulations not to be an offence), after “20A,” insert “20AA,”.
Amendment of regulation 22B
10. In regulation 22B10(electronic service of documents), in paragraph (1)—
(a) after sub-paragraph (h) insert—
“(ha)
“(ha) a notice under regulation 20AA(2)(b);”;
(b) in sub-paragraph (k) for “20D(1)” substitute “20D(2) or (3)”.
Amendment of Part F of Schedule 1
11. In Part F of Schedule 1 (means of ventilation), in the first column of paragraph F1—
(a) the existing text becomes sub-paragraph (1);
(b) after sub-paragraph (1) insert—
“2 Fixed systems for mechanical ventilation and any associated controls must be commissioned by testing and adjusting as necessary to secure that the objective referred to in sub-paragraph (1) is met.”.
Amendment of Part J of Schedule 1
12. In Part J of Schedule 111(combustion appliances and fuel storage systems), after paragraph J2 insert—
“Warning of release of carbon monoxide
J2A
Where a combustion appliance is provided, appropriate provision having regard to the design and location of the appliance shall be made to detect and give early warning of the release of carbon monoxide at levels harmful to persons. |
Requirement J2A applies only to fixed combustion appliances located in dwellings.”. |
Amendment of Schedule 2A
13. In Schedule 2A12(self-certification schemes and exemptions from requirement to give building notice or deposit full plans)—
(a) in paragraph 2 for the words in the second column substitute “A person registered by Association of Plumbing and Heating Contractors (Certification) Limited13, Building Engineering Services Competence Accreditation Limited14, Capita Gas Registration and Ancillary Services Limited15, CORGI Services Limited16, EC Certification Limited17, HETAS Limited18, NAPIT Registration Limited19, NICEIC Group Limited20or Oil Firing Technical Association Limited21in respect of that type of work.”;
(b) in paragraph 3 in the second column, after “registered by” insert “CORGI Services Limited, EC Certification Limited, HETAS Limited,”;
(c) in paragraph 4 in the second column, after “registered by” insert “CORGI Services Limited, EC Certification Limited,”;
(d) in paragraph 5 for the words in the second column substitute “A person registered by Association of Plumbing and Heating Contractors (Certification) Limited, Building Engineering Services Competence Accreditation Limited, CORGI Services Limited, EC Certification Limited, HETAS Limited, NAPIT Registration Limited, NICEIC Group Limited or Oil Firing Technical Association Limited in respect of that type of work.”;
(e) after paragraph 5 insert—
“5A. Installation of a heating or hot water system connected to a solid fuel burning combustion appliance or its associated controls. |
A person registered by Association of Plumbing and Heating Contractors (Certification) Limited, Building Engineering Services Competence Accreditation Limited, CORGI Services Limited, EC Certification Limited, HETAS Limited, NAPIT Registration Limited, NICEIC Group Limited or Oil Firing Technical Association Limited in respect of that type of work. |
5B. Installation of a heating or hot water system connected to an electric heat source or its associated controls. |
A person registered by Building Engineering Services Competence Accreditation Limited, CORGI Services Limited, EC Certification Limited, HETAS Limited, NAPIT Registration Limited, NICEIC Group Limited or Oil Firing Technical Association Limited in respect of that type of work.”; |
(f) in paragraph 14, in the first column, in sub-paragraph (2) omit paragraph (a).
Amendment of Schedule 2B
14. In Schedule 2B22(descriptions of work where no building notice or deposit of full plans required), in paragraph 1 after sub-paragraph (l) insert—
“(m)
“(m) installation of thermal insulation in a roof space or loft space where—
(i) the work consists solely of the installation of such...
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