Sustainable and Secure Buildings Act 2004

4Continuing requirements of building regulationsE+W

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

“2AContinuing 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 be imposed in the case of buildings, or in the case of services, fittings and equipment provided in or in connection with buildings, irrespective of both—

(a)when the buildings were erected; and

(b)whether building regulations were applicable to them at the time of their erection.

(4)Subsections (3) to (6) of section 2 above apply in relation to continuing requirements imposed by virtue of this section as they apply in relation to continuing requirements imposed by virtue of that section.

(5)Paragraph 8(2) of Schedule 1 to this Act does not impose any restriction on the building regulations that may be made by virtue of this section.”

(2)In section 33(4) of that Act (powers of local authorities in relation to contraventions of continuing requirements), after “section 2(1) or (2)” insert “ or 2A ”.

(3)In section 38(2) of that Act (provision relating to civil liability), after “section 2(2)” insert “ or 2A ”.

(4)In section 44 of that Act (Crown application)—

(a)in subsection (3)(a) after “section 2” insert “ or 2A ”; and

(b)in subsection (8) for the definition of “continuing requirement” substitute—

““continuing requirement” means a continuing requirement of building regulations—

(a)imposed by virtue of section 2(1) or (2)(a) or (b) above; or

(b)of a kind mentioned in subsection (2)(a), (b) or (c) of section 2A above and imposed by virtue of subsection (1) of that section;”.

(5)In section 126 of that Act (general interpretation), in the definition of “substantive requirements” after “(b) above” insert “ and requirements that are of a kind mentioned in subsection (2)(a), (b) or (c) of section 2A above and are imposed by virtue of subsection (1) of that section ”.