2.—(1) In these Regulations unless the context otherwise requires—
“the Act” means the Building Act 1984;
“amendment notice” means a notice given under section 51A of the Act;
“building” means any permanent or temporary building but not any other kind of structure or erection, and a reference to a building includes a reference to part of a building;
“building notice” means a notice given in accordance with regulations 12(2)(a) and 13;
“building work” has the meaning given in regulation 3(1);
“controlled service or fitting” means a service or fitting in relation to which Part G, H or J of Schedule 1 imposes a requirement;
“day” means any period of 24 hours commencing at midnight and excludes any Saturday, Sunday, Bank holiday or public holiday;
“dwelling” includes a dwelling-house and a flat;
“dwelling-house” does not include a flat or a building containing a flat;
“energy rating” of a dwelling means a numerical indication of the overall energy efficiency of that dwelling obtained by the application of a procedure approved by the Secretary of State under regulation 16(2) of these Regulations;
“European Technical Approval issuing body” means a body authorised by a member state of the European Economic Area to issue European Technical Approvals (a favourable technical assessment of the fitness for use of a construction product for the purposes of the Construction Products Directive(1);
“final certificate” means a certificate given under section 51 of the Act;
“flat” means separate and self-contained premises constructed or adapted for use for residential purposes and forming part of a building from some other part of which it is divided horizontally;
“floor area” means the aggregate area of every floor in a building or extension, calculated by reference to the finished internal faces of the walls enclosing the area, or if at any point there is no such wall, by reference to the outermost edge of the floor;
“fronting” has the meaning given in section 203(3) of the Highways Act 1980(2);
“full plans” means plans deposited with a local authority for the purposes of section 16 of the Act in accordance with regulations 12(2)(b) and 14;
“height” means the height of the building measured from the mean level of the ground adjoining the outside of the external walls of the building to the level of half the vertical height of the roof of the building, or to the top of the walls or of the parapet, if any, whichever is the higher;
“initial notice” means a notice given under section 47 of the Act;
“institution” means an institution (whether described as a hospital, home, school or other similar establishment) which is used as living accommodation for, or for the treatment, care or maintenance of persons—
suffering from disabilities due to illness or old age or other physical or mental incapacity, or
under the age of five years, where such persons sleep on the premises;
“material alteration” has the meaning given in regulation 3(2);
“material change of use” has the meaning given in regulation 5;
“private street” has the meaning given in section 203(2) of the Highways Act 1980;
“public body’s final certificate” means a certificate given under paragraph 3 of Schedule 4 to the Act;
“public body’s notice” means a notice given under section 54 of the Act;
“shop” includes premises—
used for the sale to members of the public of food or drink for consumption on or off the premises,
used for retail sales by auction to members of the public,
used by members of the public as a barber or hairdresser, or for the hiring of any item, and
where members of the public may take goods for repair or other treatment.
(2) In these Regulations “public building” means a building consisting of or containing—
(a)a theatre, public library, hall or other place of public resort;
(b)a school or other educational establishment not exempted from the operation of building regulations by virtue of section 4(1)(a) of the Act; or
(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.
(3) Any reference in these Regulations to a numbered regulation, Part or Schedule is a reference to the regulation, Part or Schedule so numbered in these Regulations.
Council Directive 89/106/EEC as amended by Council Directive 93/68/EEC.