The Building Regulations 2010

Regulations 4 and 6

SCHEDULE 1Requirements

Regulation 9

SCHEDULE 2Exempt Buildings and Work

CLASS 1

Buildings controlled under other legislation

1.  Any building in which explosives are manufactured or stored under a licence granted under the Manufacture and Storage of Explosives Regulations 2005(1).

2.  Any building (other than a building containing a dwelling or a building used for office or canteen accommodation) erected on a site in respect of which a licence under the Nuclear Installations Act 1965(2) is for the time being in force.

3.  A building included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979(3).

CLASS 2

Buildings not frequented by people

1.  Subject to paragraph 2, a detached building—

(a)into which people do not normally go; or

(b)into which people go only intermittently and then only for the purpose of inspecting or maintaining fixed plant or machinery.

2.  The description of buildings in paragraph 1 does not include a building where any point of the building is less than one and a half times its height from—

(a)any point of a building into which people can or do normally go; or

(b)the nearest point of the boundary of the curtilage of that building,

whichever is the nearer.

CLASS 3

Greenhouses and agricultural buildings

1.  Subject to paragraph 3, a greenhouse.

2.  A building used, subject to paragraph 3, for agriculture, or a building principally for the keeping of animals, provided in each case that—

(a)no part of the building is used as a dwelling;

(b)no point of the building is less than one and a half times its height from any point of a building which contains sleeping accommodation; and

(c)the building is provided with a fire exit which is not more than 30 metres from any point in the building.

3.  The descriptions of buildings in paragraphs 1 and 2 do not include a greenhouse or a building used for agriculture if the principal purpose for which they are used is retailing, packing or exhibiting.

4.  In paragraph 2, “agriculture” includes horticulture, fruit growing, the growing of plants for seed and fish farming.

CLASS 4

Temporary buildings

A building which is not intended to remain where it is erected for more than 28 days.

CLASS 5

Ancillary buildings

1.  A building on a site, being a building which is intended to be used only in connection with the disposal of buildings or building plots on that site.

2.  A building on the site of construction or civil engineering works, which is intended to be used only during the course of those works and contains no sleeping accommodation.

3.  A building, other than a building containing a dwelling or used as an office or showroom, erected for use on the site of and in connection with a mine or quarry.

CLASS 6

Small detached buildings

1.  A detached single storey building, having a floor area which does not exceed 30m², which contains no sleeping accommodation and is a building—

(a)no point of which is less than one metre from the boundary of its curtilage; or

(b)which is constructed substantially of non-combustible material.

2.  A detached building designed and intended to shelter people from the effects of nuclear, chemical or conventional weapons, and not used for any other purpose, if—

(a)its floor area does not exceed 30m²; and

(b)the excavation for the building is no closer to any exposed part of another building or structure than a distance equal to the depth of the excavation plus one metre.

3.  A detached building, having a floor area which does not exceed 15m², which contains no sleeping accommodation.

CLASS 7

Extensions

The extension of a building by the addition at ground level of—

(a)a conservatory, porch, covered yard or covered way; or

(b)a carport open on at least two sides;

where the floor area of that extension does not exceed 30m², provided that in the case of a conservatory or porch which is wholly or partly glazed, the glazing satisfies the requirements of Part N of Schedule 1.

Regulations 12(6)(a) and 20(1)

SCHEDULE 3Self-certification Schemes and Exemptions from Requirement to Give Building Notice or Deposit Full Plans

Regulation 12(6)(b)

SCHEDULE 4Descriptions of Work where no Building Notice or Deposit of Full Plans Required

1.  Work consisting of—

(a)replacing any fixed electrical equipment which does not include the provision of—

(i)any new fixed cabling, or

(ii)a consumer unit;

(b)replacing a damaged cable for a single circuit only;

(c)re-fixing or replacing enclosures of existing installation components, where the circuit protective measures are unaffected;

(d)providing mechanical protection to an existing fixed installation, where the circuit protective measures and current carrying capacity of conductors are unaffected by the increased thermal insulation;

(e)installing or upgrading main or supplementary equipotential bonding;

(f)in relation to an existing fixed building service, which is not a fixed internal or external lighting system—

(i)replacing any part which is not a combustion appliance,

(ii)adding an output device, or

(iii)adding a control device,

where resting and adjustment of the work is not possible or would not affect the use by the fixed building service of no more fuel and power than is reasonable in the circumstances;

(g)providing a self-contained fixed building service, which is not a fixed internal or external lighting system, where—

(i)it is not a combustion appliance,

(ii)any electrical work associated with its provision is exempt from the requirement to give a building notice or to deposit full plans by virtue of regulation 9 or 12(6)(b),

(iii)testing and adjustment is not possible or would not affect its energy efficiency, and

(iv)in the case of a mechanical ventilation appliance, the appliance is not installed in a room containing an open-flued combustion appliance whose combustion products are discharged through a natural draught flue;

(h)replacing an external door (where the door together with its frame has not more than 50% of its internal face area glazed);

(i)in existing buildings other than dwellings, providing fixed internal lighting where no more than 100m² of the floor area of the building is to be served by the lighting;

(j)replacing—

(i)a sanitary convenience with one that uses no more water than the one it replaces,

(ii)a washbasin, sink or bidet,

(iii)a fixed bath,

(iv)a shower,

(v)a rainwater gutter, or

(vi)a rainwater downpipe,

where the work does not include any work to underground drainage, and includes no work to the hot or cold water system or above ground drainage, which may prejudice the health or safety of any person on completion of the work;

(k)in relation to an existing cold water supply—

(i)replacing any part,

(ii)adding an output device, or

(iii)adding a control device;

(l)providing a hot water storage system that has a storage vessel with a capacity not exceeding 15 litres, where any electrical work associated with its provision is exempt from the requirement to give a building notice or to deposit full plans by virtue of regulation 9 or 12(6)(b);

(m)installation of thermal insulation in a roof space or loft space where—

(i)the work consists solely of the installation of such insulation, and

(ii)the work is not carried out in order to comply with any requirement of these Regulations.

2.  Work which—

(a)is not in a kitchen, or a special location;

(b)does not involve work on a special installation; and

(c)consists of—

(i)adding light fittings and switches to an existing circuit, or

(ii)adding socket outlets and fused spurs to an existing ring or radial circuit.

3.  Work on—

(a)telephone wiring or extra-low voltage wiring for the purposes of communications, information technology, signalling, control and similar purposes, where the wiring is not in a special location;

(b)equipment associated with the wiring referred to in sub-paragraph (a);

(c)pre-fabricated equipment sets and associated flexible leads with integral plug and socket connections.

4.  For the purposes of this Schedule—

“kitchen” means a room or part of a room which contains a sink and food preparation facilities;

“self-contained” in relation to a fixed building service means consisting of a single appliance and any associated controls which is neither connected to, nor forms part of, any other fixed building service;

“special installation” means an electric floor or ceiling heating system, an outdoor lighting or electric power installation, an electricity generator, or an extra-low voltage lighting system which is not a pre-assembled lighting set bearing the CE marking referred to in regulation 9 of the Electrical Equipment (Safety) Regulations 1994(23);

“special location” means a location within the limits of the relevant zones specified for a bath, a shower, a swimming or paddling pool or a hot air sauna in the Wiring Regulations, seventeenth edition, published by the Institution of Electrical Engineers and the British Standards Institution as BS 7671: 2008(24).

Regulation 54(1)

SCHEDULE 5Revocation of Regulations

Regulation 54(2)

SCHEDULE 6Consequential Amendments

1.  In the Building (Local Authority Charges) Regulations 2010(25)—

(a)in regulation 2, in the definition of “the Principal Regulations” for “2000” substitute “2010”;

(b)in regulation 5(1)(e) for “21” substitute “18”;

(c)in regulation 7(5)—

(i)in sub-paragraph (g) for “12(5) or 20B(4)” substitute “12(6) or 43(4)”;

(ii)in sub-paragraph (h) for “20A(4)” substitute “41(4)”;

(d)in regulation 8(1)(e) for “21” substitute “18”.

2.  In the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007(26)—

(a)in regulation 2(1)—

(i)in the definition of “accreditation scheme” for “17F of the Building Regulations 2000” substitute “30 of the Building Regulations 2010”;

(ii)in the definition of “asset rating” for “17A of the Building Regulations 2000” substitute “24 of the Building Regulations 2010”;

(iii)in the definition of “energy performance certificate” for “17E of the Building Regulations 2000” substitute “29 of the Building Regulations 2010”;

(iv)in the definition of “recommendation report” for “17E(4) of the Building Regulations 2000” substitute “29(5) of the Building Regulations 2010”;

(b)in regulation 9(1) for “2000” substitute “2010”;

(c)in regulation 11—

(i)in paragraph (1)(a) for “17A of the Building Regulations 2000” substitute “24 of the Building Regulations 2010”;

(ii)in paragraph (2) for “17E of the Building Regulations 2000” substitute “29 of the Building Regulations 2010”;

(d)in regulation 15, in the definition of “operational rating” for “17A of the Building Regulations 2000” substitute “24 of the Building Regulations 2010”;

(e)in regulation 17(1) for “17A of the Building Regulations 2000” substitute “24 of the Building Regulations 2010”;

(f)in regulation 31(2) for “17A of the Building Regulations 2000” substitute “24 of the Building Regulations 2010”.