The Building (Amendment) Regulations 2004

JurisdictionUK Non-devolved
CitationSI 2004/1465

2004 No. 1465

BUILDING AND BUILDINGS, ENGLAND AND WALES

The Building (Amendment) Regulations 2004

Made 28th May 2004

Laid before Parliament 8th June 2004

The First Secretary of State, in exercise of the powers conferred upon him by section 1(1) of, and paragraphs 1, 2, 7, 8 and 10 of Schedule 1 to, the Building Act 19841and of all other powers enabling him in that behalf, after consulting with 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 commencement

Citation and commencement

1.—(1) These Regulations may be cited as the Building (Amendment) Regulations 2004.

(2) This regulation, and regulation 2(1), (2), (4) and (5) shall come into force on 1st July 2004, and the remainder of these Regulations on 1st December 2004.

S-2 Amendment of the Building Regulations 2000

Amendment of the Building Regulations 2000

2.—(1) The Building Regulations 20002(“the principal Regulations”) are amended as follows.

(2) In regulation 2 (interpretation), in paragraph (1), for the definition of “room for residential purposes” substitute—

““room for residential purposes” means a room, or a suite of rooms, which is not a dwelling-house or a flat and which is used by one or more persons to live and sleep and includes a room in a hostel, an hotel, a boarding house, a hall of residence or a residential home, whether or not the room is separated from or arranged in a cluster group with other rooms, but does not include a room in a hospital, or other similar establishment, used for patient accommodation and, for the purposes of this definition, a “cluster” is a group of rooms for residential purposes which is—

(a) separated from the rest of the building in which it is situated by a door which is designed to be locked; and

(b) not designed to be occupied by a single household;”.

(3) In regulation 6 (requirements relating to material change of use) in paragraph (1)—

(a)

(a) in sub-paragraph (a), after “B5 (access and facilities for the fire service)”, add “C2(c) (interstitial and surface condensation)”;

(b)

(b) in the same sub-paragraph, after “F1”, delete the words “and F2”;

(c)

(c) after sub-paragraph (c) insert—

“(cc)

“(cc) in the case of a material change of use described in regulation 5(a),(b),(c),(d), (g),(h),(i) or, where the material change provides new residential accommodation,(f), C1(2) resistance to contaminants);”.

(d)

(d) in sub-paragraph (d), for the words “C4 (resistance to weather and ground moisture)”, substitute “C2 (resistance to moisture)”.

(4) In regulation 20A (sound insulation testing) at the beginning of paragraph (1) insert “Subject to paragraph (4) below,”,

(5) After regulation 20A(3) insert—

S-4

“4 Where building work consists of the erection of a dwelling-house or a building containing flats, this regulation does not apply to any part of the building in relation to which the person carrying out the building work notifies the local authority, not later than the date on which he gives notice of commencement of the work under regulation 15(1), that, for the purpose of achieving compliance of the work with paragraph E1 of Schedule 1, he is using one or more design details approved by Robust Details Limited3, provided that—

(a) the notification specifies —

(i) the part or parts of the building in respect of which he is using the design detail;

(ii) the design detail concerned; and

(iii) the unique number issued by Robust Details Limited in respect of the specified use of that design detail; and

(b) the building work carried out in respect of the part or parts of the building identified in the notification is in accordance with the design detail specified in the notification.”,

(6) In Schedule 1, omit the whole paragraph in the second column in the entry for paragraph A3 (disproportionate collapse).

(7) For Part C of that Schedule, substitute the Part set out in the Schedule to these Regulations.

(8) In Part F of that Schedule, omit the whole of paragraph F2 (condensation in roofs).

S-3 Transitional provisions

Transitional provisions

3.—(1) Subject to paragraph (2), where before 1st December 2004 building work is commenced in accordance with—

(a)

(a) a building notice given to, or full plans deposited with, a local authority under regulation 12(2) of the principal Regulations and a notice given to the local authority under regulation 15(1) of the principal Regulations; or

(b)

(b) an initial notice or an amendment notice given in accordance with section 47(1) or 51A(2)4respectively of the Building Act 1984 (“the Act”),the principal Regulations shall continue to apply to...

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