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The Building Regulations
WHAT THE BUILDING REGULATIONS DO
2.1 The Building Regulations are made under
powers provided in the Building Act 1984, and apply in England
and Wales. The
current edition of the regulations is ‘The Building Regulations
2000’ (as amended) and the majority of building projects
are required to comply with them. They exist to ensure the health
and safety of people in and around all types of buildings (i.e.
domestic, commercial and industrial). They also provide for energy
conservation, and access to and use of buildings.
2.2 The Building Regulations contain various
sections dealing with definitions, procedures, and what is expected
in terms of the technical performance of building work. For example,
they:
- l define what types of building, plumbing, and heating
projects amount to ‘Building Work’ and make these
subject to control under the Building Regulations (see paragraphs
3.1-3.2);
- l specify what types of buildings are exempt from control
under the Building Regulations (Annex A gives examples of
the more common types of building which are exempt);
- l set out the notification procedures to follow when starting,
carrying out, and completing building work; and l set out
the ‘requirements’ with which the individual aspects
of building design and construction must comply in the interests
of the health and safety of building users, of energy conservation,
and of access to and use of buildings (see paragraphs 2.5
and 2.6).
WHAT YOU NEED TO DO
2.3 Anyone wanting to carry out building work
which is subject to the Building Regulations is required by law
to make sure it complies with the regulations and (with some exceptions
– see paragraph 4.2(i)) to use one of the two types of Building
Control Service available, i.e:
- the Building Control Service provided by your local authority
(see paragraphs 5.5-5.22); or
- the Building Control Service provided by approved inspectors
(see paragraphs 5.23-5.29). You will be charged for either
service. The Building Control Service you select may offer
advice before your work is started (see paragraphs 2.10 and
2.11).
2.4 The primary responsibility for achieving
compliance with the regulations rests with the person carrying
out the building work. So if you are carrying out the work personally
the responsibility will be yours. If you are employing a builder
the responsibility will usually be that firm’s – but
you should confirm this position at the very beginning. You should
also bear in mind that if you are the owner of the building, it
is ultimately you who may be served with an enforcement notice
if the work does not comply with the regulations (see paragraph
6.3). So it is important that you choose your builder carefully
(see paragraph 2.11).
THE ‘REQUIREMENTS’ IN THE BUILDING REGULATIONS
2.5 The final bullet point in paragraph 2.2
above refers to the ‘requirements’ with which building
work must comply. These are contained in a schedule (Schedule
1) to the Building Regulations and are grouped under fourteen
‘parts’. The ‘parts’ deal with individual
aspects of building design and construction ranging from structural
matters, fire safety, and energy conservation – to hygiene,
sound insulation, and access to and use of buildings. All the
‘parts’ are listed in the table opposite.
2.6 The ‘requirements’ within
each ‘part’ set out the broad objectives or functions
which the individual aspects of the building design and construction
must set out to achieve. They are therefore often referred to
as ‘functional requirements’ and are expressed in
terms of what is ‘reasonable’, ‘adequate’,
or ‘appropriate’. Not all the functional requirements
may apply to your building work, but all those which do apply
must be complied with as part of the overall process of complying
with the Building Regulations.
THE APPROVED DOCUMENTS
2.7 Practical guidance on ways to comply with
the functional requirements in the Building Regulations is contained
in a series of Approved Documents which are to be read alongside
each of the fourteen ’parts’ in Schedule 1 to the
Building Regulations. Each document contains:
-
general guidance on the performance expected of materials and
building work in order to comply with each of the requirements
of the Building Regulations; and
- practical examples and solutions on how to achieve compliance
for some of the more common building situations. The Approved
Documents are all listed in Annex B: ‘Sources of information’.
The fourteen ‘parts’ of Schedule 1 to the Building Regulations
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A Structure |
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B Fire safety |
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C Site preparation
and resistance to contaminants and moisture |
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D Toxic substances |
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E Resistance
to the passage of sound |
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F Ventilation |
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G Hygiene |
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H Drainage
and waste disposal |
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J Combustion
appliances and fuel storage systems |
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K Protection
from falling, collision and impact |
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L Conservation
of fuel and power |
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M Access to
and use of buildings |
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N Glazing –
safety in relation to impact, opening and cleaning |
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P Electrical
safety |
2.8 The guidance in the documents does not
amount to a set of statutory requirements and does not have to
be followed if you wish to design and construct your building
work in some other way, providing you can show that it still complies
with all the relevant requirements which apply. The guidance will
be taken into account when your Building Control Service is considering
whether your plans of proposed work, or work in progress, comply
with particular requirements. In addition, there is a legal presumption
that if you have followed the guidance, then this is evidence
that your work has complied with the Building Regulations. However,
it is the job of the Building Control Service to consider whether
your plans and work comply with the requirements in Schedule 1
to the Building Regulations – not whether they necessarily
follow the specific guidance or a specific example in an Approved
Document.
2.9 Some building work will involve work to
buildings which are either listed nationally or locally in some
way for their historic or architectural interest, and/or are buildings
located in sensitive urban or rural environments such as Conservation
Areas or Areas of Outstanding Natural Beauty. The Approved Documents
for Parts ‘B’, ‘E’ and ‘L’
acknowledge that in these circumstances it is reasonable to meet
these requirements with greater sensitivity and more flexibility.
In addition, English Heritage have produced an Interim Guidance
Note on how to balance the needs for energy conservation with
those of building conservation (see Annex B: ‘Sources of
information’).
SEEKING ADVICE AND CHOOSING YOUR BUILDER
2.10 Unless you have a reasonable working knowledge
of building construction it would be advisable before any work
is started to obtain appropriate professional advice which is
relevant to the building work you want to carry out (e.g. from
an architect, a structural engineer, a building surveyor, a heating
engineer or replacement window specialist) and to choose a registered
builder, or a registered installer, to carry out the work.
2.11 The Office of Fair Trading publish two
leaflets which may help you to find builders, and other tradesmen,
who have the skills and resources to do the job properly. These
are entitled “Need a plumber or builder…? A step-by-step
guide to getting work done on your home”, and “Need
a plumber or builder…? Organisations which can help you
get work done on your home”. Details on where to obtain
the leaflets are noted under ‘Free Literature’ in
Annex B: ‘Sources of information’. Information on
each of the registered installers’ schemes can be obtained
from the approving body, also listed in Annex B. Alternatively,
your local authority Building Control Service may be able to offer
some advice.
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