The Building Regulations etc. (Amendment) (England) (No. 2) Regulations 2021
| Year | 2021 |
2021 No. 1392
Building And Buildings, England
The Building Regulations etc. (Amendment) (England) (No. 2) Regulations 2021
Made 13th December 2021
Laid before Parliament 15th December 2021
Coming into force in accordance with regulation 1
The Secretary of State has consulted the Building Regulations Advisory Committee for England and such other bodies as appear to be representative of the interests concerned in accordance with section 14(3) of the Building Act 19841.
The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 1, 1A, 3, 34 and 47(1) of, and paragraphs 7, 8 and 10 of Schedule 1 to, the Building Act 1984.
Citation, commencement, extent and application
1.—(1) These Regulations may be cited as the Building Regulations etc. (Amendment) (England) (No. 2) Regulations 2021.
(2) They come into force on 15th June 2022, immediately after the coming into force of the Building Regulations etc. (Amendment) (England) Regulations 20212.
(3) These Regulations extend to England and Wales.
(4) These Regulations apply in relation to buildings3and building work in England.
Amendment of the Building Regulations 2010
2.—(1) The Building Regulations 20104are amended as follows.
(2) In regulation 6(1)(a) (requirements relating to material change of use), after “P1 (electrical safety)” insert on a new line “S2 (infrastructure for the charging of electric vehicles)”.
(3) After Part 9A (physical infrastructure for high-speed electronic communications), insert—
“
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)
(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)
(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)
(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)
(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)
(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)
(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)
(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)
(a) listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 19905;
(b)
(b) in a conservation area designated in accordance with section 69 of that Act; or
(c)
(c) included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 19796,
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)
(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)
(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)
(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)
(b) the residential building will have more than 10 associated parking spaces upon completion of that work;
(c)
(c) subject to paragraph (3), all the required electric vehicle charge points can be accommodated within the incoming electrical supply to the building;
(d)
(d) the cost of installing all the required electric vehicle charge points and cable routes for electric...
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