(This note is not part of the Regulations.)

These Regulations revoke and replace with amendments the Building Regulations (Northern Ireland) 1994 (“the 1994 Regulations”), and all subsequent amending Regulations. They impose certain mandatory requirements (called functional or performance requirements) in relation to—

a

the construction of any building and to certain services and fittings in conjunction with any building;

b

the structural alteration or extension of any building; and

c

any building undergoing a material change of use.

They come into operation on 1st April 2001, but do not apply in relation to work which has been completed, or for which plans have been deposited with a district council, before that date.

As in the previous Building Regulations, each Part of these Regulations is identified by a capital letter and the regulations within each Part are identified by the appropriate letter and by numbers which run from “l” within each Part.

Most of the mandatory requirements of the Regulations are complemented by provisions which describe methods or materials which are deemed to satisfy the relevant functional or performance requirements. These provisions (called “deemed-to-satisfy provisions” and printed in italics) make extensive use of British Standards, British Standard Codes of Practice and, where relevant Technical Booklets published by Northern Ireland Departments. In addition—

a

any products designed and manufactured in accordance with a European Council Directive relating to a particular purpose shall be deemed to satisfy the requirements of these Regulations insofar as they relate to that purpose; and

b

any products designed and manufactured in accordance with—

i

any national technical specification of a state within the European Economic Area;

ii

any relevant international standard recognised for use within such a state;

iii

any appropriate traditional procedures of manufacture used within such a state; and

iv

any European Technical Approvals issued in accordance with Directive 89/106/EEC,

which give an equivalent standard of protection and performance to the relevant British Standard or British Code of Practice will also be deemed to satisfy the relevant requirements of these Regulations.

These provisions do not preclude use of other methods or materials which will satisfy the functional requirements (regulation A3).

These Regulations were notified in draft to the European Commission in accordance with Directive 98/34/EC.

These Regulations introduce a change of format of Parts B to V to aid the recognition of harmonised European Standards which will be produced to replace the British Standards currently referred to in the Regulations. Instead of being contained within each Part of the regulations the documents containing the deemed-to-satisfy standards are now set out in tabular form in the new Schedule 5.

Apart from the change of format, the principal changes from the 1994 Regulations are—

1

In Part B (Materials and workmanship) the definition of materials has been expanded to encourage the consideration of environmental aspects.

2

In Part C (Preparation of site and resistance to moisture) the area in which new dwellings require measures to limit the ingress of radon has been extended. The radon affected area is indicated on the map in Schedule 3.

3

In Part E (Fire safety) the deemed-to-satisfy references for means of escape (regulation E2) have been updated.

4

In Part H (retitled Stairs, ramps, guarding and protection from impact) the scope has been extended to reflect the requirements of the Workplace (Health, Safety and Welfare) Regulations (NI) 1993. The main changes are—

a

the introduction of new requirements for areas used for maintenance and vehicle loading bays (regulation H5); and

b

the introduction of requirements to reduce the risk of people injuring themselves from impact or trapping by doors or collision with open windows, skylights or ventilators (regulations H6 and H7).

5

In Part P (Sanitary appliances and unvented hot water storage systems) restrictions preventing sanitary accommodation opening directly from kitchens have been limited to buildings other than dwellings and the regulations have been extended to require sanitary accommodation which opens directly from a kitchen to contain a wash hand basin (regulation P4).

6

In Part R (Access and facilities for disabled people) the regulations have been extended to require new dwellings to have access and facilities to enable disabled people to visit. The main changes are to require—

a

means of access suitable for disabled people to dwellings and to the common entrances of blocks of flats;

b

means of circulation for disabled people within the entrance storey of dwellings (or the principal storey if there are no habitable rooms in the entrance storey);

c

wc facilities for disabled people on the entrance storey of dwellings (or the principal storey);

d

suitable facilities for disabled people in lifts where they are provided in blocks of flats; and

e

switches and socket outlets to be located at suitable heights for disabled people.

7

In Part V (Glazing) the scope has been extended to reflect the requirements of the Workplace (Health, Safety and Welfare) Regulations (NI) 1993. The main changes are new requirements to reduce the risk of people injuring themselves when they are opening or closing windows and when cleaning windows or glazed surfaces (regulations V4 and V5).

Other minor and consequential amendments have been made including the necessary changes to take account of amendments to DOE (NI) Technical Booklets and revised editions of Technical Booklets, British Standards and other publications.

A regulatory impact assessment has been carried out in respect of the change of format introduced by these Regulations and the principal changes from the 1994 Regulations. The Regulatory Impact Assessment publication can be obtained from—

  • The Department of Finance and Personnel, Accommodation and Construction Division, River House, 48 High Street, Belfast BT1 2AW.

The publications referred to in these Regulations may be purchased from the following sources—

a

British Standards and British Standard Codes of Practice from the Sales Department, British Standards Institution, Linford Wood, Milton Keynes MK14 6LE;

b

The Government’s Standard Assessment Procedure for Energy Rating of Dwellings: 1998 edition, from the Building Research Establishment, Garston, Watford WD2 7JR;

c

Radon: guidance on protective measures for new dwellings in Northern Ireland from Construction Research Communications Ltd, PO Box 202, Bucknalls Lane, Garston, Watford, WD2 7QG;

d

CIBSE Guides from CIBSE Publications Department, Delta House, 222 Balham High Road, London SW12 9BS; and

e

all other publications from branches of The Stationery Office.

If any works to which these Regulations apply contravene these Regulations, the district council in whose areas those works are being or have been done may by notice served on the owner under Article 18(1) of the Order require him to pull down or remove those works, or, if he so elects and the council so agrees, to effect such alterations or additions therein as are necessary to make the works comply with the requirements of these Regulations.

Any person who contravenes any provisions contained in these Regulations or a notice under Article 18(1) of the Order is guilty of an offence under the Order and is liable on summary conviction to a fine not exceeding level 5 on the standard scale of fines and penalties (presently £2,000) and to a further fine not exceeding £50 for each day during which the offence continues after conviction therefor.

INDEX TO SUBJECTS

(This index is not part of the Regulations)

Abbreviations

list of

A2

Access for disabled people

regulations regarding

Part R

Access for cleaning glazing

regulations regarding

V5, V6

Agriculture

buildings – exemption

Schedule 1

definition of

A2

Air supply for combustion

regulations regarding

L2, L6

Alterations and extensions

application of regulations to

A7

definition (see Building work) notices of

A10, A11

transitional provisions

A4

Appeals

procedure

A18

(see also Dispensation or relaxation)

Artificial lighting systems

regulations regarding

F3, F5

Assembly building

definition of

E1

Audience or spectator seating

regulations regarding

R4, R5

Balcony

definition of

H1

guarding of

H4, H8

open access

Part G

Bath

provision of

P2

Boundary

definition of

A2

British Standards

as deemed-to-satisfy provision

Schedule 5

list of

Schedule 6

references to

A2

Builder

definition of

A11

Building notice

regulations regarding

A10,

Schedule 2

Building work

definition of

A2

exemptions

A5

notices and plans

A10

(see also Provision of a service or fitting)

Carport

(see Garage)

Cesspools

regulation regarding

N6

Change of use

(see Material change of use)

Chimney

definition of

L1

regulations regarding

Part L

Chutes

refuse disposal

Part J

Clean Air Order

reference to

L3

Collapse

(see Disproportionate collapse)

Completion Certificate

regulation regarding

A13

Concrete

notice of

A11, Schedule 2

Condensation

regulations regarding

C5, C6

Conservation of fuel and power

regulations regarding

Part F

Conservatory

definition of

A2

exemption from

regulation

Schedule 1

Construction Products Directive

definition of

A2

Damp-proof course

notice of

A11, Schedule 2

Dangerous and harmful substances

definition of

C1

regulation regarding

C2

(see also Harmful substances)

Deemed-to-satisfy provisions

interpretation

A3

Disabled people

access and facilities for

Part R

definition of

R1

Dispensation or relaxation

application for

A17

exercise of power

A16

(see also Appeals)

Disproportionate collapse

regulations regarding

D2, D3

District council

definition of

A2

giving of notices and plans to

A10, A11, Schedule 2

Drain

definition of

A2

notices and plans

A10, A11

testing

A14

Drainage

generally

Part N

notices and plans

Schedule 2

subsoil

C3

Ducts

definition of

F1

thermal insulation of

F4, F5

Dwelling

definition of

A2

Dwellinghouse

definition of

E1

Educational building

definition of

A2

Entrance storey

definition of

R1

Erection of a building

application of regulations to

A6

definition of

A2

giving of notices and plans

A10, Schedule 2

European Technical Approval

definition of

A2

Exempted building

definition of

A2

regulation regarding

A5

Extensions and alterations

application of regulations to

A7

definition of

A2

notices and plans

A10,

Schedule 2

External fire spread

regulations regarding

E5, E7

Facilities for disabled people

regulations regarding

Part R

Facilities for the Fire Brigade

regulations regarding

E6, E7

Fire safety

regulations regarding

Part E

Fireplace recesses

regulations regarding

L2, L6

Flat

definition of

E1

(see also Dwelling)

Flight (stair)

definition of

H1

regulations regarding

Part H

Floor area

definition of

A2

Flue

definition of

L1

regulations regarding

L2, L6

Flue pipe

definition of

L1

regulations regarding

L2, L6

Foul water

definition of

N1

(see Drainage)

Foundations

notice of

A11

Gallery

(see Balcony)

Garage

definition of

A2

Gas (LPG) installations

regulations regarding

Part L

Glazing

regulations regarding

Part V

Greenhouse

exemption from

regulations

Schedule 1

Ground moisture

resistance to

C4, C6

Guarding

stair, ramp, balcony, etc

H4, H8

Habitable room

definition of

A2

Harmful substances

regulations regarding

B1, B2

(see Dangerous and harmful substances)

Harmonised standard

definition of

A2

Hearths

regulations regarding

L2, L6

Heating controls

regulations regarding

F3, F5

Heating system

(see Space heating system)

Heat-producing appliances

regulations regarding

L2, L6

Hoppers

(see Waste chute system)

Impact with glazing

regulations regarding

V2, V6

Incinerators

regulation regarding

L2

Insulation

regulations regarding sound

Part G

regulations regarding thermal

Part F

Internal linings

definition of

E1

Internal fire spread – Linings

regulations regarding

E3, E7

Internal fire spread – Structure

regulations regarding

E4, E7

Key element

Table D

Kitchen purposes

definition of

A2

Ladder

definition of

H1

Landing

definition of

H1

guarding of

H4, H8

regulations regarding

H3, H4, H8

Liquefied petroleum gas (LPG)

definition of

L1

regulations regarding

Part L

Loading

dead, imposed and wind

D1, Schedule 4

Macerators

regulations regarding

P2, P3

Maisonette

definition of

E1

(see also Dwelling)

Material change of use

application of regulations to

A9

definition of

A2

notices and plans

A10, Schedule 2

Materials

interpretation

B1

fitness of

B2, B6

periodic maintenance

B3

sampling of

A15

suitability of certain

B3

Means of escape in case of fire

provision of

E2, E7

Moisture

(see Ground moisture)

Notices

commencement and completion of certain stages of work

A11

giving of

A10, A11, Schedule 2

Open access balcony

(see Balcony)

Opening and closing of windows

regulations regarding

V4, V6

Partially exempted building

(see Exemptions)

Pipes

thermal insulation of

F4, F5

Plans

deposit of

A10, Schedule 2

Porch

definition of

A2

exemption from regulations

Schedule 1

Preparation of site

regulation regarding

C2

Preservative treatment of timber

regulations regarding

B5, B6

Prevention of smoke emission

regulation regarding

L3

Principal entrance

definition of

R1

Principal storey

definition of

R1

Private sewer

definition of

A2

notices and plans

A11

testing of

A14

Protection against impact

regulations regarding

H6, H8

Protection from collision

regulations regarding

H7, H8

Provision of a service or fitting

application of regulations to

A8

definition of

A2

Public building

definition of

A2

Publications

reference to other

A2, Schedule 6

Radon

regulations regarding

C2, C6

map

Schedule 3

Rain-water drainage

definition of

N1

regulations regarding

N5, N7

Ramp

definition of

H1

guarding to

H4, H8

regulations regarding

H3, H8

Recycled materials

(see Materials)

Refuse disposal

regulations regarding

Part J

Regularisation certificate

definition of

A2

regulation regarding

A12

Relaxation or dispensation

application for

A17

exercise of power

A16

(see also Appeals)

Relevant work

definition of

B1

regulation regarding

B2

Residential health care building

definition of

E1

Revocations

list of

A19

Sampling of materials

regulation regarding

A15

Sanitary accommodation

definition of

P1

provision for the disabled

R3, R5

ventilation

K2, K4

Sanitary appliance

definition of

P1

regulations regarding

P2, P3

Sanitary convenience

definition of

R1

regulations regarding

R3, R5

Sanitary pipework

regulations regarding

N3, N7

SAP energy rating

definition of

A2

Separating floor

definition of

G1

sound insulation of

G2, G3, G4

Separating wall

definition of

G1

sound insulation of

G2, G3, G4

Septic tanks

regulations regarding

A2, N6

Sewer

definition of

A2

Shop

definition of

A2

Shopping complex

definition of

E1

Shower

provision of

P2

Single storey building

definition of

A2

Site

definition of

A2

preparation of

Part C

Smoke

prevention of emission

L3

Solid waste in buildings

regulations regarding

Part J

Sound insulation

regulations regarding

Part G

Spectator accommodation

definition of

E1

facilities for disabled people

R4

Space heating system

appliances, flues etc

Part L

energy conservation

Part F

Stability

regulations regarding

D1, D3

Stairs

definition of

H1

guarding

H4, H8

provision of

H2

regulations regarding

H3, H4, H8

Statutory provision

definition of

A2

Statutory undertaking

definition of

A2

exemption

A5

Storage vessels

thermal insulation of

F4, F5

Structure

disproportionate collapse

D2, D3

loading

D1, Schedule 4

stability

D1, D3

internal fire spread

E4, E7

Structural alteration

definition of

A2

Subsoil drainage

regulation regarding

C3

Substantive requirements

definition of

A2

Symbols

list of

A2

Testing

drains and private sewers

A14

technical competence

A2

Thermal insulation

of buildings

F2, F5

of pipes, ducts, and

storage vessels

F4, F5

Transitional provisions

regulation regarding

A4

Transparent glazing

regulations regarding

V3, V6

Under former control

definition of

A2

Underground foul drainage

definition of

N1

regulations regarding

N4, N7

Unvented hot water systems

regulations regarding

P5, P6

Urea formaldehyde foam

regulations regarding

B4, B6

Urinal

definition of

P1

regulation regarding

P3

Vehicle barriers

regulations regarding

H4, H8

Vehicle loading bay

regulations regarding

H5, H8

Ventilation

regulations regarding

Part K

waste chute

J3, J4

drainage system

Part N

Wall

external fire spread

E5, E7

moisture resistance

Part C

sound insulation of

Part G

thermal insulation of

Part F

Wash-hand basin

provision of

P2

Waste chute

regulations regarding

J3, J4

Waste storage

regulations regarding

J2, J4

Water closet

definition of

P1

provision of

P2

Weather resistance

regulations regarding

C4, C6

Work

relevant work-meaning of

B1

transitional provisions

A4

Workmanship

fitness of

B2, B6

Work of public utility

definition of

A2