2002 No. 440
The Secretary of State, in exercise of the powers conferred upon him by section 1(1) of, and paragraphs 2, 4, 10 and 11 of Schedule 1 to, the Building Act 1984and of all other powers enabling him in that behalf, after consulting the Building Regulations Advisory Committee and such other bodies as appear to him to be representative of the interests concerned in accordance with section 14(3) of that Act, hereby makes the following Regulations:
S-1
Citation and commencementCitation and commencement
1. These Regulations may be cited as the Building (Amendment) Regulations 2002 and shall come into force on 1st April 2002.
S-2
Amendment of the Building Regulations 2000
Amendment of the Building Regulations 2000
2.—(1) The Building Regulations 2000shall be amended as follows.
(2) In regulation 12 (giving of a building notice or deposit of plans) for paragraph (5) there shall be substituted the following paragraph—
“5 A person who intends to carry out building work consisting only of the work described in column 1 of Schedule 2A is not required to give a building notice or deposit full plans if the work is to be carried out by a person described in the corresponding entry in column 2 of that Schedule, and paragraphs 1 and 2 at the end of that Schedule have effect for the purposes of those descriptions.”.
(3) In regulation 15 (notice of commencement and completion of certain stages of work)—
(a)
(a) for the words “A person” in paragraphs (1) to (4), there shall be substituted the words “Subject to paragraph (8), a person”; and
(b)
(b) after paragraph (7) there shall be added the following paragraph—
“8 Paragraphs (1) to (4) apply only to a person who is required by regulation 12 to give a building notice or deposit full plans.”.
(4) After regulation 16 there shall be inserted the following regulation—
“Provisions applicable to replacement windows, rooflights, roof windows and doors
16A.—(1) This regulation applies where building work consists only of the installation, as a replacement, of a window, rooflight, roof window or door in an existing building and the work is carried out by a person who is registered under the Fenestration Self-Assessment Scheme by Fensa Ltdin respect of that type of work.
(2) For the purposes of paragraph (1), “installation” includes any work which is necessary to ensure that the building work complies with the applicable requirements contained in Schedule 1.
(3) Where this regulation applies, the local authority is authorised to accept, as evidence that the requirements of regulations 4 and 7 have been satisfied, a certificate to that effect by the person carrying out the building work.
(4) Where this regulation applies, the person carrying out the building work shall, not more than 10 days after that work has been completed, give the local authority—
(a)
(a) notice to that effect; or
(b)
(b) the certificate referred to in paragraph (3).”.
(5) In regulation 20 (supervision of building work otherwise than by local authorities) in paragraph (1) after “16” there shall be inserted “16A,”.
(6) After Schedule 2 there shall be inserted Schedule 2A which is set out in the Schedule to these Regulations.
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Transitional provisionTransitional provision
3. Regulation 16A of the Building Regulations 2000 shall not apply in relation to building work if—
(a) the contract for the provision of the work was entered into before 1st April 2002; and
(b) the work is completed before 1st July 2002.
Modification of the Building Act 1984
4. In section 59 of the Building Act 1984 (drainage of building), the subsection (5) which was inserted by regulation 3(4)(b) of the Building (Amendment) Regulations 2001shall be renumbered as subsection (6).
SCHEDULE
Regulation 2(6)
NEW SCHEDULE 2A TO THE BUILDING REGULATIONS 2000
“SCHEDULE 2A
Regulation 12(5)
EXEMPTIONS FROM REQUIREMENT TO GIVE BUILDING NOTICE OR DEPOSIT FULL PLANS
Column 1 |
Column 2 |
Type of work |
Person carrying out work |
Installation of a heat-producing gas appliance. |
A person, or an employee of a person, who is a member of a class of persons approved in accordance with regulation 3 of the Gas Safety (Installation and Use) Regulations 1998. |
|
Installation of—
(a) an oil-fired combustion...
|
