Citation, extent, application and commencement

1.  (1)  These Regulations may be cited as the Building Regulations &c. (Amendment) Regulations 2014.

(2) These Regulations extend to England and Wales.

(3) These Regulations do not apply in relation to any building in Wales other than an excepted energy building, and "excepted energy building" shall have the same meaning as in the Schedule to the Welsh Ministers (Transfer of Functions) (No. 2) Order 2009(3).

(4) These Regulations come into force on 6th April 2014.

Amendments to the Building Regulations 2010

2.  (1)  The Building Regulations 2010(4) are amended in accordance with the following paragraphs.

(2) In regulation 2 (interpretation)(5) in the definition "energy efficiency requirements" for "and 40" substitute ", 40 and 43".

(3) In regulation 12 (giving of a building notice or deposit of plans)(6)-

(a)in paragraph (6)-

(i)omit "or" after sub-paragraph (a), and

(ii)insert after sub-paragraph (b)-

"; or

(c)described in column 1 of the Table in Schedule 3A if the work is to be inspected by a person described in the corresponding entry in column 2 of that Table (a "third party certifier") who has been appointed by the person intending to carry out the building work before the commencement of that work".

(4) For the heading of Part 5 substitute-

"Self-certification schemes and third party certification schemes".

(5) In regulation 20 (provisions applicable to self-certification schemes)(7)-

(a)omit paragraph (3C); and

(b)in paragraph 5 omit ", and the certificate shall contain this wording".

(6) After regulation 20 insert the following regulation-

"Provisions applicable to third party certification schemes

20A.  (1)  This regulation applies to the extent that the building work consists only of work of a type described in column 1 of the Table in Schedule 3A and the work is inspected by a third party certifier described in column 2 of that Table and appointed in accordance with regulation 12(6)(c).

(2) Where this regulation applies, the local authority are authorised to accept, as evidence that the requirements of regulations 4 and 7 have been complied with, a certificate to that effect by the third party certifier.

(3) Where this regulation applies, the person carrying out the building work must, not more than 7 days after the completion of the work, notify the third party certifier that the work has been completed.

(4) Where the third party certifier, having taken all reasonable steps to ascertain that it is the case, is satisfied within the limits of professional skill and care that the requirements of regulation 4 and 7 have been complied with, the third party certifier must, not more than 30 days after receiving notification of completion of the work under paragraph (3)-

(a)give the occupier a copy of the certificate referred to in paragraph (2); and

(b)give to the local authority-

(i)notice to that effect, or

(ii)the certificate referred to in paragraph (2).

(5) If the third party certifier is unable to certify that the requirements of regulations 4 and 7 have been complied with and therefore cannot provide the certificate referred to in paragraph (2), the third party certifier must notify the local authority to that effect.

(6) A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with.

(7) The certificate shall include a statement describing its evidentiary effect, in terms substantially the same as paragraph (6).".

(7) In regulation 43(2) (pressure testing)(8) after "26" insert "and regulation 26A".

(8) In regulation 47 (contravention of certain regulations not to be an offence)(9) after "27," insert "27A,".

(9) For the Table in Schedule 3 (self-certification schemes and exemptions from requirement to give building notice or deposit full plans) substitute the Table in Part 1 of the Schedule to these Regulations.

(10) After Schedule 3 insert the Schedule in Part 2 of the Schedule to these Regulations.

(11) In Schedule 4 (descriptions of work where no building notice or deposit of full plans required)(10) paragraph 1(g)-

(a)in sub-paragraph (i) after "appliance" add "(other than a fixed flueless gas cooker)"; and

(b)in sub-paragraph (ii) for "12(6)(b)" substitute "12(6A)".

Amendments to the Building (Approved Inspectors etc) Regulations 2010

3.  (1)  The Building (Approved Inspectors etc) Regulations 2010(11) are amended in accordance with the following paragraphs.

(2) In regulation 8 (functions of approved inspectors)(12)-

(a)in paragraph (1)-

(i)in sub-paragraph (a) after "26 (CO2 emission rates for new buildings)," insert "26A (fabric energy efficiency rates for new buildings),", and

(ii)in sub-paragraph (b) after "27," insert "27A,"; and

(b)paragraph (2) is revoked.

(3) In regulation 20 (application of regulations 20 etc. of the Principal Regulations)(13)-

(a)in the heading after "20," insert "20A,";

(b)in paragraph (1) after "20 (provisions applicable to self-certification schemes)," insert "20A (provisions applicable to third party certification schemes),"; and

(c)after paragraph (2) insert the following paragraph-

"(2A) Regulation 27A(3) of the Principal Regulations applies in relation to building work which is the subject of an initial notice as if after "work has been completed," there were inserted "or, if earlier, the date on which in accordance with regulation 17 of the Building (Approved Inspectors etc) Regulations 2010 the initial notice ceases to be in force".

Regulation 2(9) and (10)

SCHEDULE

PART 1

PART 2

Regulations 12(6)(c)and 20A(1)

"SCHEDULE 3AThird Party Certification Schemes and Exemptions from Requirement to Give Building Notice or Deposit Full Plans

EXPLANATORY NOTE

(This note is not part of the Order)

Regulation 2 of, and the Schedule to, these Regulations amend the Building Regulations 2010 (S.I. 2010/2214, as amended by S.I. 2011/1515, S.I. 2012/718, S.I. 2002/3119, S.I. 2013/181, S.I. 2013/1105 and S.I. 2013/1959) ("the Building Regulations").

Regulation 2(3), (4), (6) and (10), and Part 2 of the Schedule, provide for the introduction of certification of compliance of certain types of building work with the requirements of regulations 4 (requirements relating to building work) and 7 (materials and workmanship) of the Building Regulations by a new category of persons described as "third party certifiers".

Regulation 2(9) and Part 1 of the Schedule, substitute the Table in Schedule 3 (self-certification schemes and exemptions from requirement to give building notice or deposit full plans) with a revised and updated Table.

Regulation 2(2), (7) and (8) corrects omissions arising from earlier amendments to the 2010 Regulations. Regulation 2(5) makes drafting corrections.

Regulation 2(11) amends Schedule 4 (descriptions of work where no building notice or deposit of full plans required). Regulation 2(11)(a) ensures that building work consisting of the provision of a fixed flueless gas cooker may benefit from the exemptions in the Schedule. Regulation 2(11)(b) makes a drafting correction.

Regulation 3 of these Regulations amends the Building (Approved Inspectors etc) Regulations 2010 ((S.I. 2010/2215, as amended by S.I. 2002/3119 and S.I. 2013/1959). Paragraphs (1), (2) and (3)(c) of regulation 3 correct omissions arising from earlier amendments to the Regulations. Paragraph (3)(a) and (b) of regulation 3 makes provision for third party certification under the new regulation 20A of the 2010 Regulations to have effect also in relation to building work supervised by approved inspectors rather than by local authorities.