Made | 16th November 2002 | ||
Laid before Parliament | 25th November 2002 | ||
Coming into force in accordance with regulation 1 |
Amendment of the Building Regulations 2000
2.
- (1) The Building Regulations 2000[2] ("the principal Regulations") are amended as follows.
(2) In regulation 2(1) (interpretation) after the definition of "public body's notice" insert -
(3) In regulation 5 (meaning of material change of use)
(4) In regulation 6 (requirements relating to material change of use) -
(d) in paragraph (2)(b) for "or (e)" substitute ", (e) or (f)".
(5) For regulation 8 (limitation on requirements) substitute -
(6) In regulation 20(1) (supervision of building work otherwise than by local authorities) for "and 19" substitute ", 19 and 20A".
(7) After regulation 20 insert -
(2) Where this regulation applies, the person carrying out the work shall, for the purpose of ensuring compliance with paragraph El of Schedule 1 -
(3) The results of the testing referred to in paragraph (2)(a) shall be -
(8) For Part B of Schedule 1 (fire safety) substitute the Part set out in Schedule 1 to these Regulations.
(9) For Part E of Schedule 1 (resistance to the passage of sound) substitute the Part set out in Schedule 2 to these Regulations.
Transitional provisions
3.
- (1) Paragraphs (2) to (5) apply for the purposes of the amendments made to the principal Regulations other than that which comes into force on 1st March 2003 ("the amendments").
(2) Subject to paragraph (3), where before 1st July 2003 building work has commenced in accordance with -
the principal Regulations shall continue to apply to that building work as if the amendments had not been made.
(3) Where an initial notice given before 1st July 2003 is varied by an amendment notice given on or after that date, the principal Regulations shall continue to apply as if the amendments 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.
(4) Where before 1st July 2003 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 -
the principal Regulations shall continue to apply to that building work as if the amendments had not been made, whether or not the building work departs from those plans.
(5) Where plans of building work are the subject of a plans certificate, or a plans certificate combined with an initial notice, given to a local authority before 1st July 2003 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 had not been made, whether or not the building work departs from those plans.
4.
- (1) Paragraph (2) applies for the purpose of the amendment made to the principal Regulations which comes into force on 1st January 2004 ("the amendment").
(2) Where before 1st January 2004 building work which consists of the erection of a dwelling-house or a building containing flats has commenced in accordance with 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, the principal Regulations shall continue to apply to that building work as if the amendment had not been made.
Signed by authority of the First Secretary of State
Christopher Leslie
Parliamentary Under-Secretary of State, Office of the Deputy Prime Minister
16th November 2002
Requirement | Limits on application |
PART B FIRE SAFETY | |
Means of warning and escape B1. The building shall be designed and constructed so that there are appropriate provisions for the early warning of fire, and appropriate means of escape in case of fire from the building to a place of safety outside the building capable of being safely and effectively used at all material times. |
Requirement B1 does not apply to any prison provided under section 33 of the Prison Act 1952 [3](power to provide prisons etc.). |
Internal fire spread (linings) B2. - (1) To inhibit the spread of fire within the building, the internal linings shall -
(b) have, if ignited, either a rate of heat release or a rate of fire growth, which is reasonable in the circumstances.
(2) In this paragraph "internal linings" means the materials or products used in lining any partition, wall, ceiling or other internal structure. |
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Internal fire spread (structure) B3. - (1) The building shall be designed and constructed so that, in the event of fire, its stability will be maintained for a reasonable period. (2) A wall common to two or more buildings shall be designed and constructed so that it adequately resists the spread of fire between those buildings. For the purposes of this sub-paragraph a house in a terrace and a semi-detached house are each to be treated as a separate building. (3) To inhibit the spread of fire within the building, it shall be sub-divided with fire-resisting construction to an extent appropriate to the size and intended use of the building. (4) The building shall be designed and constructed so that the unseen spread of fire and smoke within concealed spaces in its structure and fabric is inhibited. |
Requirement B3(3) does not apply to material alterations to any prison provided under section 33 of the Prison Act 1952. |
External Fire Spread B4 - (1) The external walls of the building shall adequately resist the spread of fire over the walls and from one building to another, having regard to the height, use and position of the building. (2) The roof of the building shall adequately resist the spread of fire over the roof and from one building to another, having regard to the use and position of the building. Access and facilities for the fire service B5. - (1) The building shall be designed and constructed so as to provide reasonable facilities to assist fire fighters in the protection of life. (2) Reasonable provision shall be made within the site of the building to enable fire appliances to gain access to the building. |
Requirement | Limits on application |
PART E RESISTANCE TO THE PASSAGE OF SOUND | |
Protection against sound from other parts of the building and adjoining buildings E1. Dwelling-houses, flats and rooms for residential purposes shall be designed and constructed in such a way that they provide reasonable resistance to sound from other parts of the same building and from adjoining buildings. |
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Protection against sound within a dwelling-house etc. E2. Dwelling-houses, flats and rooms for residential purposes shall be designed and constructed in such a way that -
(b) internal floors,
provide reasonable resistance to sound. |
Requirement E2 does not apply to -
(b) an internal wall which separates an en suite toilet from the associated bedroom; (c) existing walls and floors in a building which is subject to a material change of use. |
Reverberation in common internal parts of buildings containing flats or rooms for residential purposes E3. The common internal parts of buildings which contain flats or rooms for residential purposes shall be designed and constructed in such a way as to prevent more reverberation around the common parts than is reasonable. |
Requirement E3 only applies to corridors, stairwells, hallways and entrance halls which give access to the flat or room for residential purposes. |
Acoustic conditions in schools E4. - (1) Each room or other space in a school building shall be designed and constructed in such a way that it has the acoustic conditions and the insulation against disturbance by noise appropriate to its intended use. (2) For the purposes of this Part - "school" has the same meaning as in section 4 of the Education Act 1996[4]; and "school building" means any building forming a school or part of a school. |
[2] S.I. 2000/2531 as amended by S.I. 2001/3335 and 2002/440.back
[3] 1952 c. 52 as amended by the Criminal Justice and Public Order Act 1994 c. 33 and by the Prison Commissioners Dissolution Order 1963, S.I. 1963/597.back
[4] 1996 c. 56. Section 4(1) was substituted by section 51 of the Education Act 1997 (c. 44).back