Citation and commencement

1.—(1) These Regulations may be cited as the Building (Amendment) Regulations 2003.

(2) This regulation, and regulations 2(1) and (8) and 3(5), shall come into force on 1st December 2003, and the remainder of these Regulations on 1st May 2004.

Amendment of the Building Regulations 2000

2.—(1) The Building Regulations 2000(2) (“the principal Regulations”) are amended as follows.

(2) In regulation 2 (interpretation) in paragraph (1), insert at the appropriate place—

““independent access” means, in relation to a part of a building (including any extension to that building), a route of access to that part which does not require the user to pass through any other part of the building;”.

(3) In regulation 3 (meaning of building work), in paragraph (3) for the words “Part M (access and facilities for disabled people)” substitute “Part M (access to and use of buildings)”.

(4) In regulation 5 (meaning of material change of use)—

(a)in paragraph (h) omit “or”;

(b)after paragraph (i) add—

“or

(j)the building is used as a shop, where previously it was not.”.

(5) In regulation 6 (requirements relating to material change of use)—

(a)after paragraph (1)(f) add—

“(g)in the case of a material change of use described in regulation 5(c), (d), (e) or (j), M1 (access and use).”;

(b)in paragraph (2)(b) omit “and”;

(c)after paragraph (c) add—

“and

(d)in a case to which sub-paragraph (g) of paragraph (1) applies—

(i)that part and any sanitary conveniences provided in or in connection with that part comply with the requirements referred to in that sub-paragraph; and

(ii)the building complies with requirement M1(a) of Schedule 1 to the extent that reasonable provision is made to provide either suitable independent access to that part or suitable access through the building to that part.”.

(6) In Schedule 1, in the entry for requirement H3 (rainwater drainage) in the second column (limits on application), for paragraphs (a) and (b) substitute—

“(a)which provide access to the building pursuant to requirement M1 (access and use), or requirement M2 (access to extensions to buildings other than dwellings);

(b)which provide access to or from a place of storage pursuant to requirement H6(2) (solid waste storage); or”.

(7) For Part M of Schedule 1 (access and facilities for disabled people) substitute the Part set out in the Schedule to these Regulations.

(8) In Schedule 2A—

(a)in column 1, omit the words from

• “Installation of—

  (a)

  a service or fitting in relation to which Part G”,

• to “at a depth greater than 750mm from the surface”; and

(b)in column 2, omit the words “An individual registered under the Approved Contractor Person Scheme (Building Regulations) by the Institute of Plumbing in respect of that type of work”.

Transitional provisions

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

(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)an initial notice or an amendment notice given in accordance with section 47(1) or 51A(2)(3) respectively of the Building Act 1984 (“the Act”),

the principal Regulations shall continue to apply to that building work as if the amendments made by regulation 2(2) to (7) had not been made.

(2) Where an initial notice given before 1st May 2004 is varied by an amendment notice given on or after that date, the principal Regulations shall continue to apply as if the amendments made by regulation 2(2) to (7) had not been made, to so much of the building work as could have been carried out under that initial notice if the amendment notice had not been given.

(3) Where before 1st May 2004 full plans of building work have been deposited with a local authority in accordance with regulation 12(2) of the principal Regulations and the local authority has, before that date—

(a)given notice under section 16(6) of the Act that they have passed those plans without conditions; or

(b)signified in writing to the person by whom or on whose behalf the plans were deposited that any condition subject to which they passed the plans has been fully met,

the principal Regulations shall continue to apply to that building work as if the amendments made by regulation 2(2) to (7) had not been made, whether or not the building work departs from those plans.

(4) Where plans of work are the subject of a plans certificate, or a plans certificate combined with an initial notice, given to a local authority before 1st May 2004 in accordance with section 50 of the Act, and accepted by the local authority either before, on or after that date, the principal Regulations shall continue to apply to that building work as if the amendments made by regulation 2(2) to (7) had not been made, whether or not the building work departs from those plans.

(5) Where building work is commenced before 1st December 2003 which would have fallen within the fourth entry in Schedule 2A of the principal Regulations (the entry omitted by regulation 2(8)), the principal Regulations shall continue to apply to that building work as if the amendments made by these Regulations had not been made.

Regulation 2(7)

SCHEDULE 1PART M OF SCHEDULE 1 TO THE BUILDING REGULATIONS 2000, AS SUBSTITUTED BY THESE REGULATIONS

Explanatory Note

(This note is not part of the Regulations)

These regulations amend the Building Regulations 2000 (S.I. 2000/2531 amended by S.I. 2001/3335, 2002/440 and 2002/2871), “the principal Regulations”.

New Part M of Schedule 1 (access to and use of buildings) is substituted for the existing Part, see regulation 2(7). The new requirements do not refer to disabled people. Instead, by requiring that reasonable provision shall be made for people to gain access to and use the building and its facilities, the needs of disabled people are encompassed as well as those of (for example) people experiencing a temporary impairment of mobility. By virtue of the limits on application of the new Part M, Part M will not apply to material alterations of or extensions of dwellings.

New requirements are introduced for extensions to buildings other than dwellings. These cover the provision, in certain circumstances, of independent access to the extension and of sanitary conveniences within the extension.

Regulation 2 amends regulations 2, 3, 5 and 6 of the principal Regulations. Regulation 2(2) adds a definition of independent access to the interpretation provisions. Regulation 2(3) amends the reference to Part M in regulation 3 of the principal Regulations.

Regulation 2(4) adds a new paragraph (j) to regulation 5 of the principal Regulations, so that if a building is used as a shop where previously it was not, this will be a material change of use. Regulation 2(5) amends regulation 6 of the principal Regulations so that where the whole building is subject to a change of use referred to in subparagraphs (c), (d), (e) or (j) of regulation 5 of the principal Regulations, paragraph M1 of Schedule 1 will apply to the whole building. Where only part of the building is subject to a relevant material change of use, that part and any sanitary conveniences provided in or in connection with that part are to comply with paragraph M1. In addition, the building must comply with paragraph M1(a) of Schedule 1, in that reasonable provision shall be made to provide either suitable independent access to the part of the building that is the subject of the material change of use, or suitable access through the building to that part.

Regulation 2(6) makes minor amendments to paragraphs (a) and (b) in the entry in the limits on application column relating to paragraph H3 of Schedule 1.

Regulation 2(8) removes an exemption from the need to give a building notice or deposit full plans which applied in a specified type of case.

Regulation 3 contains transitional provisions.

The Secretary of State has approved, under section 6(1) of the Building Act 1984, a new approved document containing practical guidance with respect to the requirements contained in Part M. “Approved Document M – Access to and use of buildings” (2004 Edition, ISBN 0-11-753901-5, £12.00) will be published by The Stationery Office.

A regulatory impact assessment has been prepared in relation to the new requirements on access to and use of buildings. A copy may be obtained from the Buildings Division, ODPM, 18/B Portland House, Stag Place, London, SW1E 5LP (Tel: 020 7944 5755; Fax: 020 7944 5739; Email: bregsa.br@odpm.gov.uk).