Sustainable and Secure Buildings Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Sustainable and Secure Buildings Bill

Sustainable and Secure Buildings Bill
1

A
Bill
To
Make provision in relation to matters connected with buildings.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
1
Purposes of building regulations
(1)
In subsection (1) of section 1 of the Building Act 1984 (c. 55) (which sets out the
purposes for which building regulations may be made), for paragraphs (b) and
(c) substitute—
“(b)
furthering the conservation of fuel and power,
5
(c)
preventing waste, undue consumption, misuse or
contamination of water,
(d)
furthering the protection or enhancement of the environment,
(e)
facilitating sustainable development, or
(f)
furthering the prevention or detection of crime,”.
10
(2)
In the words in that subsection after those paragraphs (which set out matters
about which building regulations may be made), for the words from “design
and construction” onwards substitute “matters mentioned in subsection (1A)
below”.
(3)
After that subsection insert—
15
“(1A)
Those matters are—
(a)
the design and construction of buildings;
(b)
the demolition of buildings;
(c)
services, fittings and equipment provided in or in connection
with buildings.”
20
(4)
In section 126 of that Act (general interpretation), in the definition of
“substantive requirements” for the words from “design and construction” to
“with buildings” substitute “matters mentioned in section 1(1A) above”.

Bill 15 53/3

Sustainable and Secure Buildings Bill
2

2
Contents of building regulations
(1)
Schedule 1 to the Building Act 1984 (c. 55) (provision that may be included in
building regulations) is amended in accordance with subsections (2) to (6).
(2)
In sub-paragraph (a)(ii) of paragraph 7, for “and use” substitute “, use and re-
use”.
5
(3)
In sub-paragraph (a)(ix) of that paragraph, after “gases,” insert “vapours,”.
(4)
After sub-paragraph (a)(xxii) of that paragraph insert—
“(xxiia)
measures relating to the security of buildings,
(xxiib)
installation and inspection of security systems,
(xxiic)
energy efficiency of appliances,
10
(xxiid)
equipment for monitoring and measuring supplies of
electricity, and
(xxiie)
recycling and composting facilities.”.
(5)
In sub-paragraph (1) of paragraph 8, after paragraph (e) insert—
“(f)
buildings or parts of buildings, together with any services,
15
fittings or equipment provided in or in connection with them,
in cases where the persons in occupation of a building or part
of a building change consequent upon sale, let or relet of the
premises.”
(6)
For sub-paragraph (2) of paragraph 8 substitute—
20
     “(2)
Subject to sub-paragraphs (3) to (6) below and to sections 2(2) and 2A
of this Act, building regulations shall not apply to or in connection
with buildings erected before the date on which the regulations come
into force.
      (3)
The following building regulations may be made to apply to or in
25
connection with buildings erected before the date on which the
regulations come into force—
(a)
regulations falling within sub-paragraph (1)(a) to (e) above;
(b)
regulations made with respect to the demolition of buildings;
(c)
regulations made with respect to the use of materials or
30
components (including surface finishes) that (in whole or in
part) have been produced from, or incorporate, recycled
items;
(d)
regulations made with respect to the re-use of materials or
components (including surface finishes);
35
(e)
regulations falling within sub-paragraph (4) below.
      (4)
Building regulations fall within this sub-paragraph if—
(a)
in accordance with sub-paragraph (1)(f) above, they are
framed by reference to a change in the occupants of a
building (or part); and
40
(b)
they are—
(i)
made for the purpose mentioned in section 1(1)(b) of
this Act; or
(ii)
made (otherwise than for that purpose) with respect
to measures calculated to secure, or to contribute to,
45
the prevention or reduction of emissions (whether or

Sustainable and Secure Buildings Bill
3

not from the building in question) of smoke, gases,
vapours or fumes.
      (5)
The provision that may be made by building regulations includes
provision imposing on a person carrying out work of any type in
relation to a building (whenever erected), or in relation to any
5
service, fitting or equipment provided in or in connection with a
building (whenever erected)—
(a)
a requirement to do things for the purpose mentioned in
section 1(1)(b) of this Act; or
(b)
a requirement to do things (otherwise than for that purpose)
10
with respect to measures calculated to secure, or to contribute
to, the prevention or reduction of emissions (whether or not
from the building in question) of smoke, gases, vapours or
fumes.
      (6)
The things whose doing may be required by virtue of sub-paragraph
15
(5) above are—
(a)
things to be done in relation to the work in question;
(b)
any other things but only if they are to be done in relation
to—
(i)
the building in question; or
20
(ii)
any service, fitting or equipment provided in or in
connection with that building.”
(7)
In section 44 of that Act (Crown application), after subsection (10) insert—
“(11)
For the purposes of building regulations which, in accordance with
paragraph 8(1)(f) of Schedule 1 to this Act, are framed by reference to a
25
change in the occupants of a building (or part), subsections (1) to (9)
above apply in relation to the making of a change of occupants as they
apply in relation to the carrying out of work, but with any necessary
modifications [(including, in particular, any resulting reference to a
change in occupants being made or proposed to be made on behalf of a
30
person of a particular kind becoming a reference to a change of
occupants involving a person of that kind as a former or new occupant
being made or proposed to be made)].”
3
Continuing requirements of building regulations
(1)
After section 2 of the Building Act 1984 (c. 55) insert—
35
“2A
Continuing requirements in relation to fuel, power and emissions
(1)
Building regulations may impose, on owners and occupiers of
buildings, continuing requirements that fall within subsection (2)
below.
(2)
A continuing requirement falls within this subsection if—
40
(a)
it requires the inspection and testing of a building—
(i)
as respects the use of fuel and power in or in connection
with the building; or
(ii)
as respects its contribution to or effect on emissions
(whether or not from the building) of smoke, gases,
45
vapours or fumes;

Sustainable and Secure Buildings Bill
4

(b)
it requires the inspection and testing of any service, fitting or
equipment provided in or in connection with a building—
(i)
as respects the use of fuel and power in or in connection
with the service, fitting or equipment; or
(ii)
as respects its contribution to or effect on emissions
5
(whether or not from it or the building) of smoke, gases,
vapours or fumes;
(c)
it requires the implementation, in relation to a building, or any
service, fitting or equipment provided in or in connection with
a building, of—
10
(i)
measures for the purpose mentioned in section 1(1)(b)
above; or
(ii)
measures (otherwise than for that purpose) that are
calculated to secure, or to contribute to, the prevention
or reduction of emissions (whether or not from the
15
building in question or a thing provided in or in
connection with it) of smoke, gases, vapours or fumes;
(d)
it requires the keeping of records in relation to matters within
paragraph (a), (b) or (c); or
(e)
it requires the making of reports in relation to any of those
20
matters to a prescribed authority.
(3)
Those requirements may be imposed in the case of buildings, or in the
case of services, fittings and equipment provided in or in connection
with buildings, irrespective of both—
(a)
when the buildings were erected; and
25
(b)
whether building regulations were applicable to them at the
time of their erection.
(4)
Subsections (3) to (6) of section 2 above apply in relation to continuing
requirements imposed by virtue of this section as they apply in relation
to continuing requirements imposed by virtue of that section.
30
(5)
Paragraph 8(2) of Schedule 1 to this Act does not impose any restriction
on the building regulations that may be made by virtue of this section.”
(2)
In section 33(4) of that Act (powers of local authorities in relation to
contraventions of continuing requirements), after “section 2(1) or (2)” insert “or
2A”.
35
(3)
In section 38(2) of that Act (provision relating to civil liability), after “section
2(2)” insert “or 2A”.
(4)
In section 44 of that Act (Crown application)—
(a)
in subsection (3)(a) after “section 2” insert “or 2A”; and
(b)
in subsection (8) for the definition of “continuing requirement”
40
substitute—

“‘continuing requirement’ means a continuing
requirement of building regulations—
(a)
imposed by virtue of section 2(1) or (2)(a) or (b)
above; or
45
(b)
of a kind mentioned in subsection (2)(a), (b) or (c)
of section 2A above and imposed by virtue of
subsection (1) of that section;”.

Sustainable and Secure Buildings Bill
5

(5)
In section 126 of that Act (general interpretation), in the definition of
“substantive requirements” after “above” insert “and requirements that are of
a kind mentioned in subsection (2)(a), (b) or (c) of section 2A above and are
imposed by virtue of subsection (1) of that section”.
4
Removal of exemptions and repeals
5
(1)
The following provisions of the Building Act 1984 (c. 55) (which provide
certain exemptions from the requirements of the Act for educational buildings
and buildings of statutory undertakers and other authorities and licensees)
shall cease to have effect—
(a)
section 4;
10
(b)
section 59(4) and (5).
(2)
The enactments and instruments specified in the Schedule to this Act are
repealed or revoked to the extent shown in the second column of that Schedule.
5
Secretary of State to report on building stock
(1)
The Secretary of State must—
15
(a)
for the period of two years beginning with the commencement of this
section, and
(b)
for each succeeding period of two years,

prepare a report on progress during the period in connection with the
purposes mentioned in section 1(1)(b) to (e) of the Building Act 1984 in the
20
context of the building stock in England and Wales.
(2)
A report under this section must (in particular) deal with—
(a)
building regulations made during the period for any of those purposes;
(b)
proposals current at the end of the period to make building regulations
for any of those purposes;
25
(c)
effects or likely effects of regulations or proposals dealt with in the
report under paragraphs (a) and (b);
(d)
overall changes during the period in—
(i)
the efficiency with which energy is used in buildings in England
and Wales;
30
(ii)
levels of emissions from such buildings that are emissions
considered by the Secretary of State to contribute to climate
change;
(iii)
the extent to which such buildings have their own facilities for
generating energy;
35
(iv)
the extent to which materials used in constructing, or carrying
out works in relation to, such buildings are recycled or re-used
materials; and
(e)
consideration of setting such targets as the Secretary of State deems
appropriate for—
40
(i)
specific building types; and
(ii)
specific technologies

in connection with the purposes mentioned in section 1(1)(b) to (e) of
the Building Act 1984.
(3)
A report under this section must contain estimates, as at the end of the period,
45
of—

Sustainable and Secure Buildings Bill
6

(a)
the number of buildings in England and Wales that are dwellings; and
(b)
the number of other buildings in England and Wales.
(4)
The Secretary of State must—
(a)
for the period of two years begining with the commencement of this
section, and
5
(b)
for each succeeding period of two years

prepare a report on progress during the period in connection with the Warm
Homes and Energy Conservation Act 2000 (c. 31).
(5)
A report under this section must, in particular, deal with—
(a)
the standard or standards set for social housing;
10
(b)
whether those standards will, in the opinion of the Secretary of State,
eradicate fuel poverty for the houses for which they are set;
(c)
the reasons for that opinion;
(d)
whether or not he intends to review that standard or those standards;;
and
15
(e)
the number of persons living in social housing removed from fuel
poverty in the report period.
(6)
In subsection (5) “social housing” means housing let by a registered social land
lord or a local housing authority.
(7)
The Secretary of State must lay before Parliament each report he prepares
20
under this section.
6
Proper person
(1)
In Schedule 1 to the Building Act 1984 (c. 55) (provision that may be included
in building regulations), after paragraph 4 insert—
“4A (1)
Building regulations may require that, in prescribed circumstances,
25
a person of a prescribed class or description is to give to a local
authority or an approved inspector a certificate to the effect that the
requirements of building regulations as to matters of a prescribed
description are satisfied.
      (2)
Building regulations may provide for such certificates to be treated
30
as evidence (but not conclusive evidence) of the matters certified.
      (3)
Building regulations may provide for requiring an approved
inspector to, at the same time as he gives a final certificate to a local
authority in relation to any work, give also to the authority a copy of
a certificate that, in pursuance of regulations falling within sub-
35
paragraph (1) above, has been given to the inspector in relation to
that work.”
(2)
In subsection (1)(a) of section 57 of that Act (offences relating to false or
misleading certificates), for sub-paragraph (i) substitute—
“(i)
purports to comply with the requirements of this Part of
40
this Act, section 16(9) above or building regulations
falling within paragraph 4A(1) of Schedule 1 to this Act,
and”.