Sustainable and Secure Buildings Act 2004

JurisdictionUK Non-devolved
Citation2004 c. 22


Sustainable and Secure Buildings Act2004

2004 CHAPTER 22

An Act to make provision in relation to matters connected with buildings.

[16th September 2004]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Purposes of building regulations

1 Purposes of building regulations

(1) In subsection (1) of section 1 of the Building Act 1984 (c. 55) (which sets out the purposes for which building regulations may be made), for paragraphs (b) and (c) substitute—

‘(b) furthering the conservation of fuel and power,

(c) preventing waste, undue consumption, misuse or contamination of water,

(d) furthering the protection or enhancement of the environment,

(e) facilitating sustainable development, or

(f) furthering the prevention or detection of crime,’.

(2) In the words in that subsection after those paragraphs (which set out matters about which building regulations may be made), for the words from ‘design and construction’ onwards substitute ‘matters mentioned in subsection (1A) below’.

(3) After that subsection insert—

(1A) Those matters are—

(a) the design and construction of buildings;

(b) the demolition of buildings;

(c) services, fittings and equipment provided in or in connection with buildings.’

(4) In section 126 of that Act (general interpretation), in the definition of ‘substantive requirements’ for the words from ‘design and construction’ to ‘with buildings’ substitute ‘matters mentioned in section 1(1A) above’.

S-2 Buildings of special historical or architectural interest

2 Buildings of special historical or architectural interest

2 Buildings of special historical or architectural interest

After section 1 of the Building Act 1984 (c. 55) insert—

S-1A

1A

‘1A Buildings of special historical or architectural interest

(1) In making building regulations the Secretary of State shall have regard, in particular, to the desirability of preserving the character of protected buildings that are of special historical or architectural interest.

(2) In this section 'protected buildings' means—

(a) listed buildings within the meaning of the Planning (Listed Buildings and Conservation Areas) Act 1990 (see section 1(5) of that Act); and

(b) buildings situated in areas designated as conservation areas under section 69 of that Act.’

S-3 Contents of building regulations

3 Contents of building regulations

(1) Schedule 1 to the Building Act 1984 (provision that may be included in building regulations) is amended in accordance with subsections (2) to (7).

(2) In sub-paragraph (a)(ii) of paragraph 7, for ‘and use’ substitute ‘, use and re-use’.

(3) In sub-paragraph (a)(ix) of that paragraph, after ‘gases,’ insert ‘vapours,’.

(4) In sub-paragraph (a)(xiv) of that paragraph, at the end insert ‘(including equipment for monitoring and measuring supplies of water)’.

(5) After sub-paragraph (a)(xxii) of that paragraph insert—

‘(xxiia) measures relating to the security of buildings,

(xxiib) measures affecting the use of fuel or power,

(xxiic) equipment for monitoring and measuring supplies of fuel, power or heat,

(xxiid) recycling facilities (including facilities for composting),’.

(6) In sub-paragraph (1) of paragraph 8, after paragraph (e) insert—

‘(f) buildings or parts of buildings, together with any services, fittings or equipment provided in or in connection with them, in cases where the persons in occupation of a building or part of a building change in prescribed circumstances.’

(7) For sub-paragraph (2) of paragraph 8 substitute—

(2) Subject to sub-paragraphs (3) to (6) below and to sections 2(2) and 2A of this Act, building regulations shall not apply to or in connection with buildings erected before the date on which the regulations come into force.

(3) The following building regulations may be made to apply to or in connection with buildings erected before the date on which the regulations come into force—

(a) regulations falling within sub-paragraph (1)(a) to (e) above;

(b) regulations made with respect to the demolition of buildings;

(c) regulations made with respect to the use of materials or components (including surface finishes) that (in whole or in part) have been produced from, or incorporate, recycled items;

(d) regulations made with respect to the re-use of materials or components (including surface finishes);

(e) regulations falling within sub-paragraph (4) below.

(4) Building regulations fall within this sub-paragraph if—

(a) in accordance with sub-paragraph (1)(f) above, they are framed by reference to a change in the occupants of a building (or part); and

(b) they are—

(i) made for the purpose mentioned in section 1(1)(b) of this Act; or

(ii) made (otherwise than for that purpose) with respect to measures calculated to secure, or to contribute to, the prevention or reduction of emissions (whether or not from the building in question) of smoke, gases, vapours or fumes.

(5) The provision that may be made by building regulations includes provision imposing on a person carrying out work of any type in relation to a building (whenever erected), or in relation to any service, fitting or equipment provided in or in connection with a building (whenever erected)—

(a) a requirement to do things for the purpose mentioned in section 1(1)(b) of this Act; or

(b) a requirement to do things (otherwise than for that purpose) with respect to measures calculated to secure, or to contribute to, the prevention or reduction of emissions (whether or not from the building in question) of smoke, gases, vapours or fumes.

(6) The things whose doing may be required by virtue of sub-paragraph (5) above are—

(a) things to be done in relation to the work in question;

(b) any other things but only if they are to be done in relation to—

(i) the building in question; or

(ii) any service, fitting or equipment provided in or in connection with that building.’

(8) In section 44 of that Act (Crown application), after subsection (10) insert—

(11) For the purposes of building regulations which, in accordance with paragraph 8(1)(f) of Schedule 1 to this Act, are framed by reference to a change in the occupants of a building (or part), this section applies, with any necessary modifications, in relation to the making of a change of occupants as it applies in relation to the carrying out of work.’

(9) In section 45(1) of that Act (application to United Kingdom Atomic Energy Authority), for ‘(10)’ substitute ‘(11)’.

S-4 Continuing requirements of building regulations

4 Continuing requirements of building regulations

(1) After section 2 of the Building Act 1984 (c. 55) insert—

S-2A

2A

‘2A Continuing requirements in relation to fuel, power and emissions

(1) Building regulations may impose, on owners and occupiers of buildings, continuing requirements that fall within subsection (2) below.

(2) A continuing requirement falls within this subsection if—

(a) it requires the inspection and testing of a building—

(i) as respects the use of fuel and power in or in connection with the building; or

(ii) as respects its contribution to or effect on emissions (whether or not from the building) of smoke, gases, vapours or fumes;

(b) it requires the inspection and testing of any service, fitting or equipment provided in or in connection with a building—

(i) as respects the use of fuel and power in or in connection with the service, fitting or equipment; or

(ii) as respects its contribution to or effect on emissions (whether or not from it or the building) of smoke, gases, vapours or fumes;

(c) it requires the implementation, in relation to a building, or any service, fitting or equipment provided in or in connection with a building, of—

(i) measures for the purpose mentioned in section 1(1)(b) above; or

(ii) measures (otherwise than for that purpose) that are calculated to secure, or to contribute to, the prevention or reduction of emissions (whether or not from the building in question or a thing provided in or in connection with it) of smoke, gases, vapours or fumes;

(d) it requires the keeping of records in relation to matters within paragraph (a), (b) or (c); or

(e) it requires the making of reports in relation to any of those matters to a prescribed authority.

(3) Those requirements may...

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