Building Regulations (Northern Ireland) 2000

In these regulations—

• agriculture includes horticulture, fruit growing, seed growing, dairy farming, breeding and keeping of livestock, fish farming, the use of land as grazing land, meadow land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes;

• boundary means, in relation to a building, the boundary of the land to which the building belongs and, except for the purposes of Part R, such land shall be deemed to include any abutting part of any street, canal or river but only up to the centre line thereof; andboundary of the premises shall be construed so as to include any such part to the same extent;

• building work means the erection of a building, the structural alteration or extension of a building (including work in connection with the making of a material change of use) or the provision of a service or fitting;

• conservatory means a part or extension of a building attached to and having a door giving access from the attached building and having not less than three-quarters of the area of its roof and not less than one-half of the area of its external walls made of translucent material;

• construction products directive means European Council Directive 89/106/EEC on the approximation of laws, regulations and administrative provisions of the Member States relating to construction products3;

• department means the Department of Finance and Personnel;

• district council in relation to any building or building work means the district council for the area in which the building is situated or the building work is carried out;

• drain means any pipe or drain used solely for or in connection with the rain-water or foul water drainage of one building or of any buildings or yards appurtenant to buildings within the same curtilage;

• dwelling (except in Part E and Part R) means a house, flat or maisonette and includes any accommodation therein of not more than 50 m² in total floor area, forming part of the dwelling and used by a resident of the dwelling for the purposes of any business, profession or calling;

• educational building means—

  1. a

     a university;

  2. b

     a school or college of education within the meaning of the Education and Libraries (Northern Ireland) Order 19864; or

  3. c

     any other institution providing facilities for further education under Article 27 of that Order;

• eea state means a State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992 as adjusted by the Protocol signed at Brussels on 17th March 1993, but until that Agreement comes into force in relation to Liechtenstein does not include that State;

• european technical approval means a favourable technical assessment of the fitness for use of a construction product for an intended use, issued for the purposes of the Construction Products Directive by a body authorised by a Member State to issue European Technical Approvals for those purposes and notified by that Member State to the European Commission;

• exempted building means any building falling within one of the classes described in Schedule 1;

• floor area means, in relation to any building or part of a building, the aggregate area of every floor in that building or part, calculated by reference to the finished internal faces of the walls enclosing the b uilding or extension, or if at any point there is no such wall, by reference to the outermost edge of the floor;

• garage includes a carport;

• habitable room means a room in any building (whether or not that building is or contains a dwelling) used or intended to be used for dwelling purposes, including any bedroom, but not any room used only for kitchen purposes;

• harmonised standard means a standard established, as mentioned in the Construction Products Directive, by the European Standards Organisation on the basis of a mandate given by the Commission of the European Economic Community and published by the Commission in the Official Journal of the European Communities;

• institution means—

  1. a

     a hospital, nursing home, home for old people or for children, school, or other similar establishment used as living accommodation or for the treatment, care or maintenance of people suffering from illness or mental or physical disability or handicap; and

  2. b

     a place of lawful detention,

  where people sleep on the premises;

• kitchen purposes means the purposes of preparing, storing, treating, cooking or manufacturing food or drink intended for human consumption or the cleansing of utensils or appliances which come into contact with such food or drink;

• material change of use (except in regulation A4) has the meaning assigned to it by regulation A9(1);

• porch means a single storey enclosure providing protection to an access door to a building and having an external door or an opening to the external air;

• private sewer means any part of a sewer, not being a public sewer, which serves two or more properties;

• provision of a service or fitting in relation to any building includes the installation of any service or fitting to which these regulations apply or the alteration or the extension of any such service or fitting;

• public building means a building consisting of or containing—

  1. a

     a theatre, public library, hall or other place of public resort;

  2. b

     an educational building; or

  3. c

     a place of public worship,

  but a building is not to be treated as a place of public resort because it is, or it contains a shop, storehouse or warehouse, or is a dwelling to which members of the public are occasionally admitted;

• regularisation certificate shall be construed in accordance with regulation A12(1);

• sap energy rating in relation to a dwelling means the rating of the overall energy efficiency for that dwelling calculated using The Government’s Standard Assessment Procedure for Energy Rating of Dwellings: 1998 edition;

• sewer includes all sewers, pipes or drains, other than a drain as defined in this regulation, and includes any apparatus used in connection with a sewer;

• shop means—

  1. a

     premises used for the retail of goods or services and includes premises—

     1. i

        used for the sale to members of the public of food or drink for consumption on or off the premises;

     2. ii

        used for retail sales by auction to members of the public;

     3. iii

        used to provide hairdressing or similar personal services to members of the public;

     4. iv

        where members of the public may take goods for repair or other treatment; and

     5. v

        where members of the public may go to hire an item; and

  2. b

     premises used for wholesale self-selection trading;

• single storey building means a building consisting of one storey only the floor of which is at or about the level of the finished surface of the ground adjoining the building;

• site, in relation to a building, means the area of ground covered or to be covered by the building, including its foundations;

• statutory provision includes any instrument made under any statute;

• statutory undertaking means an undertaking authorised by any statutory provision being a railway, road transport, air transport, water transport, inland navigation, dock or harbour undertaking, the Post Office Corporation or any undertaking for the generation, transmission or supply of electricity or gas;

• structural alteration means the execution of any work (other than the erection of a building and the provision of a service or fitting) to which the requirements of these regulations would apply if the work were part of a building being newly erected and includes the replacement of windows (other than replacement by ones having essentially similar features) and the insertion of material into a cavity in a wall of an existing building for the purpose of insulation;

• substantive requirements means the requirements of these regulations or, if appropriate, of any of the statutory provisions referred to in regulation A4 with respect to the design and construction of buildings and the provisions of a service or fitting, as distinct from procedural requirements;

• under former control—

  1. a

     used in relation to any building, refers to a building the erection of which was—

     1. i

        completed before 1st October 1973;

     2. ii

        completed on or after 1st October 1973 in accordance with plans deposited with the district council before that date with or without any departures or deviations from those plans; or

     3. iii

        begun before but completed on or after 1st October 1973 (being a building the erection of which was exempt from compliance with the provisions of all relevant bye-laws in force immediately before that date); and

  2. b

     used in relation to any alteration or extension of a building or the provision of any service or fitting, refers to any such alteration, extension or provision which was—

     1. i

        completed before 1st October 1973;

     2. ii

        completed on or after 1st October 1973 in accordance with plans deposited with the district council before that date with or without any departures or deviations from those plans; or

     3. iii

        begun before but completed on or after 1st October 1973 (being an alteration or extension or provision of a service or fitting which was exempt from compliance with the provisions of all relevant bye-laws in force immediately before that date);

• window means any sash, casement or other framing and associated glazing set in an opening in a wall or roof of a building; and

• work of public utility means a pipeline, gas holder, gas main, electricity supply line and supports, water main, public sewer or telephone line and supports.

For the purpose of these regulations, the installation of a cesspool, septic tank or similar structure shall be treated as the provision of a service and not as the erection of a building.

In these regulations any reference to a building shall extend to and include any part of a building, and any reference to the purpose for which a building is used shall extend to, include or mean the purpose for which it is intended to be used.

Where in relation to a specific purpose, a European Council Directive prescribes a requirement in relation to a particular characteristic of a material, component or other manufactured product, or part thereof, then where that characteristic complies with that requirement, it shall be deemed to satisfy any requirement of these regulations insofar as it relates to that purpose.

• And, accordingly, for the removal of doubt, it is hereby declared that products designed and manufactured in accordance with the requirements of a European Council Directive relating to a specific purpose do not have to comply with any standard or code of practice (British, International or other) prescribed or otherwise referred to in these regulations relating to any purpose covered by that Directive.

For the purposes of these regulations, any construction product (within the meaning of the Construction Products Directive) which bears a CE marking shall be treated as if it satisfied the requirements of any appropriate British Board of Agrément Certificate, British Standard or British Standard Code of Practice relating to such a product, where the CE marking relates to the same characteristic and specific purpose as the Certificate, Standard or Code of Practice.

Where for the purposes of these regulations testing is carried out, it shall be carried out by an appropriate organisation offering suitable and satisfactory evidence of technical and professional competence and independence and such condition shall be satisfied where the testing organisation is accredited in an EEA State in accordance with the relevant parts of the EN 45000 series of standards for the tests carried out.

Any note in a Table or Schedule shall be treated for all purposes as a substantive provision.

Any reference in these Regulations to a Table identified only by a letter shall be construed as a reference to the Table so identified in Schedule 5.

The abbreviations and symbols listed in the following Table are used in these regulations—

In this regulation—

• work means the erection of a building, the alteration or extension of a building, the execution of works, the installation of a fitting or the making of a material change of use (within the meaning of the Building Regulations (Northern Ireland) 19905).

The building work in paragraph (1) shall not create a new or greater contravention of any relevant requirement of these regulations in any part of a building or in any other building to which these regulations apply.

In determining for the purposes of paragraph (2) whether any building work would cause a new or greater contravention of any of these regulations, sub-paragraphs (a) and (b) of regulation A7(3) shall apply.

In applying the regulations under paragraph (1)(a), the alteration or extension shall be treated as if it were part of a building being newly erected identical to and to be used for the same purposes as the building as altered or extended.

For the purposes of these regulations a change in the purposes for which or the circumstances in which a building, or part of a building, is used shall only be regarded as a material change of use if after that change any one of the following cases applies—

• Case I– the building is used as a dwellinghouse, where previously it was not.

• Case II– the building contains a flat or maisonette, where previously it did not.

• Case III– the building is used as—

  1. a

     a hotel or boarding house, where previously it was not;

  2. b

     an institution, where previously it was not;

  3. c

     a public building, where previously it was not;

  4. d

     a shop, where previously it was not;

  5. e

     an office, where previously it was not; or

  6. f

     a store, where previously it was not.

• Case IV– the building, by virtue of the change of use, is not an exempted building where previously it was.

Where there is a material change of use to the whole or part of a building the provisions of the regulations set out in the Table to this regulat ion shall apply.

Where a material change of use neither involves nor is accompanied by an alteration or extension, the provisions referred to in the Table to this regulation shall apply to the building or part of the building in which the change of use occurs as if it were a new building identical to the building as it exists and to be used for the same purpose or purposes as the building will have after the change of use.

Where a change of use will result in an exempted building being put to a use as described in Cases I, II or III the provisions of those regulations applicable to Case IV shall apply in precedence to those of Cases I, II or III.

A building notice shall only be considered to have been validly given under paragraph (1)(b) if the building work or the material change of use to which it relates commenced within three years of the date on which the notice was given.

The provisions of paragraph (1) where they relate to the requirements of regulation F4 shall not apply where the work involves only the extension of an existing system and does not involve the carrying out of any structural alteration.

In paragraph (3)(a) heat-producing appliance has the same meaning as in Part L.

Notwithstanding that the replacement of windows does not require the giving of notices or deposit of plans and other particulars, the work of replacement shall in all respects meet any relevant requirements of these regulations.

If the builder neglects or refuses to give any such notice, he or any person appearing to the district council to have control over the building work or the building as the case may be shall comply with any notice in writing from the district council requiring him within a reasonable time to cut into, lay open or pull down so much of the building, services or fittings as prevents the district council from ascertaining whether any of these regulations have been contravened.

If the builder, in accordance with any notice in writing received from the district council which specifies the manner in which any building or services or fittings contravenes the requirements of these regulations, has altered or added to the building, services or fittings so as to secure compliance with these regulations, he shall, within a reasonable time after the completion of such alteration or addition, give notice in writing to the district council of its completion.

The requirements of this regulation shall not apply to the provision of any fitting if the giving of notices and the deposit of plans, sections, specifications and written particulars are not required under the provisions of regulation A10.

A district council shall not issue a regularisation certificate in relation to any unauthorised work unless it has taken such steps (if any) as it thinks reasonable (including the carrying out of inspections, testing of drains and private sewers and sampling of materials) to ascertain whether that work complies with the substantive requirements of the relevant building regulations.

Where in the opinion of a district council further work is required in relation to any work to which an application under paragraph (1) relates, it shall notify the person who made the application of the fact and give him an opportunity to carry out such work before deciding whether to grant or refuse the certificate.

A regularisation certificate relating to any unauthorised work shall be evidence (but not conclusive evidence) that that work complies with such of the substantive requirements of the relevant building regulations as are specified in the certificate.

Where in relation to any building work, carried out in relation to a building or part of a building, a district council has been able to ascertain after taking all reasonable steps in that behalf, that relevant requirements of these regulations have been satisfied, it may issue a certificate (in this regulation referred to as a ‘completion certificate') specifying the requirements so satisfied.

Without prejudice to paragraph (2), a district council may in accordance with paragraph (1) issue a completion certificate in such other circumstances as it may think fit and proper.

Any person having an interest to do so may apply for a completion certificate.

A completion certificate issued in accordance with this regulation shall be evidence (but not conclusive evidence) that the relevant requirements specified in the certificate have been complied with.

Subject to paragraph (2), the power under Article 15(1) of the Building Regulations (Northern Ireland) Order 1979 to dispense with or relax any requirement of building regulations shall, in accordance with Article 15(2) of the said Order, be exercisable by the district council in relation to any requirement of these regulations other than those in—

• Part A (Interpretation and general)

• Part D (Structure).

Paragraph (1) shall not apply to any application made by a district council.

Any application for a direction dispensing with or relaxing any requirement of these regulations shall be submitted in duplicate.

Before giving a direction the Department or, as the case may be, the district council may if it thinks fit afford to the applicant or any other person appearing to it to be interested, an opportunity of appearing before and being heard by a person appointed by the Department or, as the case may be, the district council for that purpose.

After giving a direction the Department or, as the case may be, the district council shall notify the applicant and any other person who was sent a copy of the draft direction under paragraph (2), of the direction and its reasons therefor.

An appeal to the Department shall set out the grounds of appeal and a copy shall be sent to the district council.

The district council on receiving the copy of the appeal shall at once transmit to the Department a copy of the application and a copy of all documents furnished by the applicant for the purposes of his application.

The district council shall at the same time give to the Department in writing any representations which it desires to make as regards the appeal and shall send a copy to the appellant.

The prescribed period for the purposes of Article 16(1) of the Building Regulations (Northern Ireland) Order 1979 (appeal against refusal by a district council to dispense with or relax regulations or against conditions attaching to dispensation or relaxation) shall be 56 days.

The prescribed period for the purposes of Article 16(2) of the Building Regulations (Northern Ireland) Order 1979 (period for consideration of application for relaxation by a district council) shall be 56 days.

The prescribed period for the purposes of Article 17(1) of the Building Regulations (Northern Ireland) Order 1979 (appeal against rejection of plans by a district council) shall be 56 days.

The prescribed period for the purposes of Article 17(2) of the Building Regulations (Northern Ireland) Order 1979 (period after which an applicant may assume plans to be rejected) shall be 56 days.

Any material which depends on periodic maintenance, replacement or renewal for its suitability shall be readily accessible or positioned so that such maintenance, replacement or renewal is practicable.

Subject to paragraph (2), in-situ foamed urea formaldehyde shall not be used in the erection, structural alteration or extension of a building.

The requirements of regulation B2 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table B opposite the reference to that regulation, if the materials and workmanship used in the building are in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

The requirements of regulation B4 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table B opposite the reference to that regulation, if the in-situ foamed urea formaldehyde used in the building is manufactured, prepared and installed in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

The requirements of regulation B5 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table B opposite the reference to that regulation, if the preservative treatment for timber used in the building is carried out in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

Regulation C5 applies only to a dwelling.

In this Part—

• dangerous and harmful substances includes any substance which is or could become corrosive, explosive, inflammable, radioactive or toxic and includes deposits of faecal or animal matter;

• floor includes any base or structure between the surface of the ground, or the surface of any hardcore laid upon the ground, and the upper surface of the floor;

• moisture includes water vapour as well as liquid water; and

• wall includes piers, chimneys, columns and parapets which form part of the wall.

Without prejudice to the generality of paragraph (1) measures shall be taken to prevent or limit the ingress of radon from the ground into any dwelling situated in a zone marked on the map set out in Schedule 3.

The requirements of regulation C2(2) shall be deemed to be satisfied, in the case of a building specified in column (2) of Table C opposite the reference to that regulation, if the measures to prevent or limit the ingress of radon into the building are in accordance with the relevant provisions of the publications or measures specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

The requirements of regulation C4 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table C opposite the reference to that regulation, if the walls, floors and roofs of the building are constructed in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

The requirements of regulation C5 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table C opposite the reference to that regulation, if the building is designed and constructed in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

A building to which this paragraph applies shall be designed and constructed so that in the event of damage occurring to any part of the building, the extent of any resulting collapse will not be disproportionate to the cause of the damage.

Paragraph (1) applies to a building having 5 or more storeys, counting each basement level as one storey but discounting a storey within a roof space where the slope of the roof does not exceed 70° to the horizontal.

The requirements of regulation D2 shall be deemed to be satisfied, in the case of any structural work specified in column (2) of Table D opposite the reference to that regulation, if the structural work is designed and constructed in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

Regulations E2 and E4(3) shall not apply to a prison within the meaning of the Prisons Act (Northern Ireland) 195311 or any other place of lawful detention.

In this Part—

• assembly building includes places of entertainment or recreation; conference, exhibition, and leisure centres; museums and art galleries; law courts; churches and other buildings for worship; libraries open to the public; health centres and surgeries; passenger stations for air, rail, road and sea travel; and public toilets;

• dwelling means a self-contained unit of residential accommodation occupied (whether or not as a sole or main residence)—

  1. a

     by a single person or by people living together as a family; or

  2. b

     by not more than 6 people living together as a single household, including a household where care is provided for residents;

• dwellinghouse means a dwelling on one or more storeys which is detached or forms part of a building from all other parts of which it is divided only vertically;

• flat means a dwelling on one storey forming part of a building from some other part of which it is divided horizontally;

• house in multiple occupation means a building, or part of a building, occupied by people who do not form a single household and containing units of residential accommodation which are not self-contained;

• internal linings means the materials lining any partition, wall, ceiling or other internal structure;

• maisonette means a dwelling on more than one storey forming part of a building from some other part of which it is divided horizontally;

• means of escape means structural means whereby, in the event of a fire, a safe route or routes is or are provided for people to travel from any point in a building to a place of safety;

• office includes premises used for the purposes of administration; clerical work; handling money; and communications;

• place of safety means a place, outside the building, in which people are in no danger from fire within the building;

• residential health care building includes nursing homes; homes for old people, children, mentally ill and the mentally or physically handicapped;

• shopping complex means a shopping complex that includes a covered mall or similar area in which—

  1. a

     more than 15 m of the length of the mall section is covered by a bridge or roof; or

  2. b

     at least one-quarter of its plan area is obscured by a roof or by floors, bridges, galleries or canopies, unless there is a continuous open slot above the mall section in which case more than one-half of its plan area is obscured; and

• spectator accommodation means covered seating accommodation at sports grounds.

A building shall be so designed and constructed that, in the event of a fire, its stability will be retained for a reasonable period.

A wall common to two or more buildings shall be so designed and constructed that it provides adequate resistance to the spread of fire between those buildings and for the purposes of this paragraph a dwellinghouse in a terrace and a semi-detached dwellinghouse shall be considered as a separate building.

To inhibit the spread of fire within it, a building shall be adequately sub-divided with fire-resisting construction.

A building shall be so designed and constructed that the spread of fire (and in particular smoke) within concealed spaces in its structure and fabric is adequately inhibited.

A building shall be designed and constructed with such reasonable facilities as are necessary to assist the Fire Brigade in ensuring the safety of people in and about the building in the event of a fire.

Reasonable provisions shall be made within the boundary of the premises for access to the building by fire brigade appliances for the purpose of paragraph (1).

The requirements of regulation E2 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table E opposite the reference to that regulation, if the means of detection, giving warning and escape in the building are in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

The requirements of regulation E3 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table E opposite the reference to that regulation, if the internal linings used in the building are designed and constructed in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

The requirements of regulation E4 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table E opposite the reference to that regulation, if the building and measures to inhibit the spread of fire within it are in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

The requirements of regulation E5 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table E opposite the reference to that regulation, if the external walls and roof of the building are designed and constructed in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

The requirements of regulation E6 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table E opposite the reference to that regulation, if the facilities in and access to the building for the Fire Brigade are in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

Subject to paragraphs (2) and (3) this Part shall apply to any building and, where a building contains one or more dwellings, to each such dwelling separately.

In this Part—

• space heating system andhot water supply system do not include a system or that part of a system which heats or stores water solely for a commercial or industrial process; and

• pipes and ducts means any pipe and any duct in a space heating system or hot water supply system which is intended to carry a heated liquid or gas, and includes associated fittings.

Artificial lighting systems used in any building or part of a building shall be so designed and constructed as to use no more fuel and power than is reasonable to provide adequate lighting according to the purposes for which the building or part is used and for this purpose reasonable provisions shall be made for controlling such systems.

The requirements of regulation F2 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table F opposite the reference to that regulation, if the fabric of the building is designed and constructed in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

The requirements of regulation F4 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table F opposite the reference to that regulation, if the pipes, ducts and hot water storage vessels used in the building are insulated in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications opposite thereto in column (4).

Regulation G2 shall apply to the erection of a building and to the structural alteration or extension of an existing building.

Regulation G3 shall apply to the material change of use of an existing building or part of an existing building.

In this Part—

• open access balcony means a balcony which—

  1. a

     gives access to dwellings or a common service area; and

  2. b

     ignoring structural columns is open to the external air for more than one-third of its floor to ceiling height and throughout the length of the dwellings; and

• separating wall and separating floor mean respectively a wall or floor (including a stair) separating a dwelling from—

  1. a

     another dwelling or another building; or

  2. b

     another part of the same building which is not used exclusively with that dwelling.

A separating wall in conjunction with its flanking construction shall provide adequate resistance to airborne sound transmission.

Subject to paragraph (3) a separating floor in conjunction with its flanking construction shall provide adequate resistance to airborne sound transmission and, where such a floor is above a dwelling, adequate resistance to impact sound transmission.

A separating floor or part of a separating floor which forms an open access balcony shall provide adequate resistance to impact sound transmission only.

An existing wall which becomes a separating wall shall provide adequate resistance to airborne sound transmission.

Subject to paragraph (3) an existing floor or stair which becomes a separating floor shall provide adequate resistance to airborne sound transmission and, where such a floor is above a dwelling, adequate resistance to impact sound transmission.

A separating floor or part of a separating floor which forms an open access balcony shall provide adequate resistance to impact sound transmission only.

The requirements of regulation G2 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table G opposite the reference to that regulation, if the separating wall or separating floor (in conjunction with its flanking construction) of the building is constructed in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

The requirements of regulation G3 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table G opposite the reference to that regulation, if the separating wall or separating floor is constructed in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

Subject to paragraphs (2), (3), (4) and (5) this Part shall apply to any building or part of a building.

The requirements of regulation H4(2) shall not apply in relation to a car showroom, a garage within the boundary of a dwelling, or a single storey building comprising two or more garages each of which has an area not exceeding 40 m².

Insofar as they relate to a dwelling, the requirements of regulation H7 shall only apply to a window, skylight or ventilator which opens over a public route of travel.

For the purposes of this Part access to any place is infrequent if it takes place on average on less than one occasion a month during the course of a year.

In this Part—

• balcony includes a gallery;

• barrier includes a wall or screen;

• flight means that part of a stair or ladder between landings that has a step or a continuous series of steps;

• ladder means a fixed ladder having a flight with a pitch greater than 55°;

• landing means a platform situated—

  1. a

     at the top or bottom of a stair, ladder or ramp; and

  2. b

     between consecutive flights of stairs;

• ramp means an inclined surface which provides a route of travel; and

• stair means a flight or flights (other than a ladder) and landings that make it possible to pass on foot to another level or levels.

A stair, ladder, ramp, floor, balcony, landing, platform and any roof or other place to which people normally have access (including access for the purpose of maintenance) and a sunken area next to a building, shall, where it is necessary to protect people in or about the building from the risk of falling, be adequately guarded with a barrier which does not present a hazard.

Any part of a building which is a vehicle ramp, floor or roof to which vehicles have access shall, where it is necessary to protect people, be adequately guarded with a barrier which does not present a hazard.

In any building a door or gate which is across a main route of travel and can be pushed open from either side, shall have a means to ensure that people approaching it have a clear view of the space on the opposite side.

In any building a door or gate which slides or opens upwards shall have a means to prevent it from sliding into or falling on any person.

In any building a powered door or gate shall have a means to prevent it trapping any person and a means to open it in the event of a power failure.

The requirements of regulation H3 shall be deemed to be satisfied, in the case of any element specified in column (2) of Table H opposite the reference to that regulation, if the element is designed and constructed in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

The requirements of regulation H4 shall be deemed to be satisfied, in the case of any element specified in column (2) of Table H opposite the reference to that regulation, if the element is designed and constructed in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

The requirements of regulation H5 shall be deemed to be satisfied, in the case of any element specified in column (2) of Table H opposite the reference to that regulation, if the element is designed and constructed in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

The requirements of regulation H6 shall be deemed to be satisfied, in the case of any element specified in column (2) of Table H opposite the reference to that regulation, if the element is designed and constructed in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

The requirements of regulation H7 shall be deemed to be satisfied, in the case of any element specified in column (2) of Table H opposite the reference to that regulation, if the element is designed and constructed in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

The requirements of regulation J3 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table J opposite the reference to that regulation, if the waste chute system used in the building is designed and constructed in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

Regulation K2 shall not apply to a building or a space within a building which is used solely for storage or which is otherwise not intended for use by people.

Regulations K2 and K3 shall not apply to a garage used solely in connection with a single dwelling.

In this Part—

• domestic building means a building or part of a building used for residential purposes such as a house, flat, maisonette, student accommodation or residential care premises but does not include an hotel, hostel or similar building where people reside only temporarily; and

• non-domestic building means a building or part of a building which is not a domestic building.

The requirements of regulation K2 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table K opposite the reference to that regulation, if the ventilation for the building is designed and constructed in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

The requirements of regulation K3 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table K opposite the reference to that regulation, if the ventilation for the building is designed and constructed in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

In this Part—

• chimney means a structure (not being a flue pipe, but including a factory made insulated chimney) enclosing one or more flues, but does not include any chimney pot or other flue terminal;

• flue means a passage which conveys the combustion products from an appliance to the external air;

• flue-pipe means a pipe forming a flue, but not a pipe fitted as a lining in a chimney;

• heat-producing appliance means a fixed appliance (including a cooker) which—

  1. a

     is designed to burn solid fuel, gas, or oil; or

  2. b

     is an incinerator;

• liquefied petroleum gas (hereinafter referred to as LPG) means commercial butane and commercial propane in accordance with BS 4250: Part 1: 1987;

• lpg installation means an LPG storage tank and pipework, fittings, supports and all other items required to enable liquefied petroleum gas to be conveyed from the storage tank to the heat-producing appliance; and

• lpg storage tank means a fixed bulk storage tank or vessel which is used for the storage of liquefied petroleum gas and is designed to be refilled in position.

Any provision in regulation L2 which applies to a heat-producing appliance shall also apply where solid fuel is intended to burn directly on a hearth without the installation of any appliance.

Regulation L4 applies to LPG installations which supply fuel to heat-producing appliances in a dwelling or other residential building, which is not an institution, but not to an installation whose LPG storage tank is less than 150 litres or greater than 337,500 litres water capacity.

Hearths and fireplace recesses shall be so constructed and installed that they prevent damage to a building by heat or fire resulting from the operation of any heat-producing appliances installed therein or thereon.

The requirements of regulation L2 shall be deemed to be satisfied, in the case of a heat-producing appliance specified in column (2) of Part (1) of Table L opposite the reference to that regulation, if the appliance and its associated construction is designed, constructed and installed in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

The requirements of regulation L4 shall be deemed to be satisfied, in the case of an aspect specified in column (2) of Part (2) of Table L opposite the reference to that regulation, if the aspect is in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

The requirements of regulation L5 shall be deemed to be satisfied, in the case of an aspect specified in column (2) of Part (2) of Table L opposite the reference to that regulation, if the separation distances are in accordance with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

In this Part—

• foul water means waste from a sanitary appliance and water which has been used for cooking or washing purposes and not contaminated by trade effluent;

• rain-water drainage includes gutters, pipes, drains and fittings which convey rain-water only;

• sanitary appliance has the meaning assigned to it by regulation P1;

• sanitary pipework means a pipe or system of pipes for conveying foul water from a fitting to an underground foul drain; and

• underground foul drainage includes drains and private sewers used in connection with buildings but not a system which is solely for the conveyance of subsurface water.

Regulation N5 shall not apply to a drainage system intended for use in connection with a roof or balcony of 6 m² or less in area, unless that roof or balcony receives a flow of rain-water from another part of a building.

The requirements of regulation N3 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table N opposite the reference to that regulation, if the sanitary pipework used in the building complies with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

The requirements of regulation N4 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table N opposite the reference to that regulation, if the underground foul drainage for the building complies with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

The requirements of regulation N5 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table N opposite the reference to that regulation, if the rain-water drainage for the building complies with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

A dwelling shall have at least one water closet, one wash-hand basin and one fixed bath or shower.

A water closet fitted with a macerator shall not be provided in any building unless the building has another water closet, accessible to all occupants, which discharges directly to sanitary pipework or underground foul drainage.

Every sanitary appliance shall have smooth and readily cleansed, non-absorbent surfaces and shall discharge through an effective trap of suitable dimensions.

Every wash-hand basin, bath and shower shall have provision for the piped supply of hot and cold water and where a sequential single control mixer valve is provided it shall start from the cold supply.

Every water closet and urinal shall have flushing apparatus capable of effectively cleansing the receptacle, no part of which shall be directly connected to any pipe other than a flush pipe or sanitary pipework.

The outlet of an urinal shall have an effective grating.

A sanitary appliance fitted with a macerator, pump and drainage pipe shall ensure the hygienic conveyance of foul water to an underground foul drainage system.

Sanitary accommodation in any building other than a dwelling shall not open directly into a room used for kitchen purposes.

Any discharge from devices provided for the purpose of paragraph (2) shall be conveyed safely to where it can be seen readily and will cause no danger to people.

Subject to paragraphs (2) and (3) this Part shall apply to any building or part of a building.

The requirements of regulation R4 shall not apply to a dwelling.

In this Part—

• disabled people means people who have—

  1. a

     an impairment which limits their ability to walk or which requires them to use a wheelchair for mobility; or

  2. b

     impaired hearing or sight;

• dwelling means a house, flat, maisonette and any purpose built student living accommodation which is comprised of self-contained units of accommodation;

• entrance storey in a dwelling means the storey which contains the principal entrance for the dwelling;

• principal entrance in relation to a dwelling means the entrance a visitor (not familiar with the dwelling) will normally expect to use to enter it;

• principal storey in a dwelling means the storey nearest to the entrance storey which contains a habitable room, or if there are two such storeys equally near, either such storey;

• sanitary accommodation has the meaning assigned to it by regulation P1; and

• sanitary convenience means a water closet and a wash-hand basin.

If sanitary accommodation is provided in a building, other than in a dwelling or in a shop which has a floor area of less than 50 m², that accommodation shall include reasonable provision for disabled people.

The requirements of regulation R2 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table R opposite the reference to that regulation, if provision for access to and use of the building complies with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

The requirements of regulation R3 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table R opposite the reference to that regulation, if the sanitary accommodation and sanitary conveniences provided in the building comply with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

The requirements of regulation R4 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table R opposite the reference to that regulation, if the audience or spectator seating provided in the building comply with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

Subject to paragraphs (2) and (3) this Part shall apply to any building or part of a building.

Regulation V3 shall not apply to glazing in a dwelling.

Regulation V5 shall not apply to glazing that is not intended to be cleaned.

In this Part—

• glazing includes glass, plastic and other transparent or translucent materials.

The requirements of regulation V2 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table V opposite the reference to that regulation, if the glazing used in the building complies with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

The requirements of regulation V3 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table V opposite the reference to that regulation, if the glazing used in the building complies with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

The requirements of regulation V4 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table V opposite the reference to that regulation, if the windows, skylights and ventilators provided in the building comply with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).

The requirements of regulation V5 shall be deemed to be satisfied, in the case of a building specified in column (2) of Table V opposite the reference to that regulation, if the means of access to the building complies with the relevant provisions of the publications specified opposite thereto in column (3), as amended by the publications specified opposite thereto in column (4).