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Make provision in relation to matters connected with buildings. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Purposes of building regulations |
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(1) | In subsection (1) of section 1 of the Building Act 1984 (c. 55) (which sets out the |
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purposes for which building regulations may be made), for paragraphs (b) and |
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“(b) | furthering the conservation of fuel and power, |
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(c) | preventing waste, undue consumption, misuse or |
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(d) | furthering the protection or enhancement of the environment, |
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(e) | facilitating sustainable development, or |
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(f) | furthering the prevention or detection of crime,”. |
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(2) | In the words in that subsection after those paragraphs (which set out matters |
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about which building regulations may be made), for the words from “design |
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and construction” onwards substitute “matters mentioned in subsection (1A) |
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(3) | After that subsection insert— |
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(a) | the design and construction of buildings; |
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(b) | the demolition of buildings; |
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(c) | services, fittings and equipment provided in or in connection |
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(4) | In section 126 of that Act (general interpretation), in the definition of |
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“substantive requirements” for the words from “design and construction” to |
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“with buildings” substitute “matters mentioned in section 1(1A) above”. |
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2 | Contents of building regulations |
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(1) | Schedule 1 to the Building Act 1984 (c. 55) (provision that may be included in |
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building regulations) is amended in accordance with subsections (2) to (6). |
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(2) | In sub-paragraph (a)(ii) of paragraph 7, for “and use” substitute “, use and re- |
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(3) | In sub-paragraph (a)(ix) of that paragraph, after “gases,” insert “vapours,”. |
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(4) | After sub-paragraph (a)(xxii) of that paragraph insert— |
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“(xxiia) | measures relating to the security of buildings, |
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(xxiib) | installation and inspection of security systems, |
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(xxiic) | energy efficiency of appliances, |
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(xxiid) | equipment for monitoring and measuring supplies of |
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(xxiie) | recycling and composting facilities.”. |
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(5) | In sub-paragraph (1) of paragraph 8, after paragraph (e) insert— |
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“(f) | buildings or parts of buildings, together with any services, |
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fittings or equipment provided in or in connection with them, |
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in cases where the persons in occupation of a building or part |
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of a building change consequent upon sale, let or relet of the |
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(6) | For sub-paragraph (2) of paragraph 8 substitute— |
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“(2) | Subject to sub-paragraphs (3) to (6) below and to sections 2(2) and 2A |
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of this Act, building regulations shall not apply to or in connection |
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with buildings erected before the date on which the regulations come |
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(3) | The following building regulations may be made to apply to or in |
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connection with buildings erected before the date on which the |
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regulations come into force— |
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(a) | regulations falling within sub-paragraph (1)(a) to (e) above; |
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(b) | regulations made with respect to the demolition of buildings; |
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(c) | regulations made with respect to the use of materials or |
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components (including surface finishes) that (in whole or in |
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part) have been produced from, or incorporate, recycled |
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(d) | regulations made with respect to the re-use of materials or |
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components (including surface finishes); |
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(e) | regulations falling within sub-paragraph (4) below. |
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(4) | Building regulations fall within this sub-paragraph if— |
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(a) | in accordance with sub-paragraph (1)(f) above, they are |
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framed by reference to a change in the occupants of a |
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(i) | made for the purpose mentioned in section 1(1)(b) of |
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(ii) | made (otherwise than for that purpose) with respect |
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to measures calculated to secure, or to contribute to, |
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the prevention or reduction of emissions (whether or |
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not from the building in question) of smoke, gases, |
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(5) | The provision that may be made by building regulations includes |
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provision imposing on a person carrying out work of any type in |
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relation to a building (whenever erected), or in relation to any |
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service, fitting or equipment provided in or in connection with a |
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building (whenever erected)— |
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(a) | a requirement to do things for the purpose mentioned in |
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section 1(1)(b) of this Act; or |
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(b) | a requirement to do things (otherwise than for that purpose) |
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with respect to measures calculated to secure, or to contribute |
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to, the prevention or reduction of emissions (whether or not |
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from the building in question) of smoke, gases, vapours or |
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(6) | The things whose doing may be required by virtue of sub-paragraph |
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(a) | things to be done in relation to the work in question; |
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(b) | any other things but only if they are to be done in relation |
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(i) | the building in question; or |
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(ii) | any service, fitting or equipment provided in or in |
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connection with that building.” |
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(7) | In section 44 of that Act (Crown application), after subsection (10) insert— |
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“(11) | For the purposes of building regulations which, in accordance with |
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paragraph 8(1)(f) of Schedule 1 to this Act, are framed by reference to a |
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change in the occupants of a building (or part), subsections (1) to (9) |
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above apply in relation to the making of a change of occupants as they |
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apply in relation to the carrying out of work, but with any necessary |
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modifications [(including, in particular, any resulting reference to a |
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change in occupants being made or proposed to be made on behalf of a |
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person of a particular kind becoming a reference to a change of |
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occupants involving a person of that kind as a former or new occupant |
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being made or proposed to be made)].” |
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3 | Continuing requirements of building regulations |
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(1) | After section 2 of the Building Act 1984 (c. 55) insert— |
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“2A | Continuing requirements in relation to fuel, power and emissions |
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(1) | Building regulations may impose, on owners and occupiers of |
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buildings, continuing requirements that fall within subsection (2) |
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(2) | A continuing requirement falls within this subsection if— |
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(a) | it requires the inspection and testing of a building— |
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(i) | as respects the use of fuel and power in or in connection |
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(ii) | as respects its contribution to or effect on emissions |
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(whether or not from the building) of smoke, gases, |
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(b) | it requires the inspection and testing of any service, fitting or |
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equipment provided in or in connection with a building— |
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(i) | as respects the use of fuel and power in or in connection |
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with the service, fitting or equipment; or |
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(ii) | as respects its contribution to or effect on emissions |
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(whether or not from it or the building) of smoke, gases, |
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(c) | it requires the implementation, in relation to a building, or any |
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service, fitting or equipment provided in or in connection with |
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(i) | measures for the purpose mentioned in section 1(1)(b) |
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(ii) | measures (otherwise than for that purpose) that are |
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calculated to secure, or to contribute to, the prevention |
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or reduction of emissions (whether or not from the |
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building in question or a thing provided in or in |
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connection with it) of smoke, gases, vapours or fumes; |
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(d) | it requires the keeping of records in relation to matters within |
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paragraph (a), (b) or (c); or |
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(e) | it requires the making of reports in relation to any of those |
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matters to a prescribed authority. |
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(3) | Those requirements may be imposed in the case of buildings, or in the |
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case of services, fittings and equipment provided in or in connection |
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with buildings, irrespective of both— |
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(a) | when the buildings were erected; and |
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(b) | whether building regulations were applicable to them at the |
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(4) | Subsections (3) to (6) of section 2 above apply in relation to continuing |
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requirements imposed by virtue of this section as they apply in relation |
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to continuing requirements imposed by virtue of that section. |
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(5) | Paragraph 8(2) of Schedule 1 to this Act does not impose any restriction |
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on the building regulations that may be made by virtue of this section.” |
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(2) | In section 33(4) of that Act (powers of local authorities in relation to |
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contraventions of continuing requirements), after “section 2(1) or (2)” insert “or |
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(3) | In section 38(2) of that Act (provision relating to civil liability), after “section |
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(4) | In section 44 of that Act (Crown application)— |
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(a) | in subsection (3)(a) after “section 2” insert “or 2A”; and |
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(b) | in subsection (8) for the definition of “continuing requirement” |
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| “‘continuing requirement’ means a continuing |
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requirement of building regulations— |
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(a) | imposed by virtue of section 2(1) or (2)(a) or (b) |
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(b) | of a kind mentioned in subsection (2)(a), (b) or (c) |
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of section 2A above and imposed by virtue of |
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subsection (1) of that section;”. |
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(5) | In section 126 of that Act (general interpretation), in the definition of |
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“substantive requirements” after “above” insert “and requirements that are of |
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a kind mentioned in subsection (2)(a), (b) or (c) of section 2A above and are |
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imposed by virtue of subsection (1) of that section”. |
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4 | Removal of exemptions and repeals |
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(1) | The following provisions of the Building Act 1984 (c. 55) (which provide |
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certain exemptions from the requirements of the Act for educational buildings |
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and buildings of statutory undertakers and other authorities and licensees) |
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shall cease to have effect— |
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(b) | section 59(4) and (5). |
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(2) | The enactments and instruments specified in the Schedule to this Act are |
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repealed or revoked to the extent shown in the second column of that Schedule. |
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5 | Secretary of State to report on building stock |
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(1) | The Secretary of State must— |
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(a) | for the period of two years beginning with the commencement of this |
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(b) | for each succeeding period of two years, |
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| prepare a report on progress during the period in connection with the |
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purposes mentioned in section 1(1)(b) to (e) of the Building Act 1984 in the |
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context of the building stock in England and Wales. |
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(2) | A report under this section must (in particular) deal with— |
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(a) | building regulations made during the period for any of those purposes; |
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(b) | proposals current at the end of the period to make building regulations |
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for any of those purposes; |
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(c) | effects or likely effects of regulations or proposals dealt with in the |
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report under paragraphs (a) and (b); |
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(d) | overall changes during the period in— |
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(i) | the efficiency with which energy is used in buildings in England |
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(ii) | levels of emissions from such buildings that are emissions |
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considered by the Secretary of State to contribute to climate |
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(iii) | the extent to which such buildings have their own facilities for |
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(iv) | the extent to which materials used in constructing, or carrying |
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out works in relation to, such buildings are recycled or re-used |
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(e) | consideration of setting such targets as the Secretary of State deems |
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(i) | specific building types; and |
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(ii) | specific technologies |
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| in connection with the purposes mentioned in section 1(1)(b) to (e) of |
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(3) | A report under this section must contain estimates, as at the end of the period, |
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(a) | the number of buildings in England and Wales that are dwellings; and |
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(b) | the number of other buildings in England and Wales. |
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(4) | The Secretary of State must— |
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(a) | for the period of two years begining with the commencement of this |
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(b) | for each succeeding period of two years |
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| prepare a report on progress during the period in connection with the Warm |
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Homes and Energy Conservation Act 2000 (c. 31). |
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(5) | A report under this section must, in particular, deal with— |
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(a) | the standard or standards set for social housing; |
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(b) | whether those standards will, in the opinion of the Secretary of State, |
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eradicate fuel poverty for the houses for which they are set; |
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(c) | the reasons for that opinion; |
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(d) | whether or not he intends to review that standard or those standards;; |
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(e) | the number of persons living in social housing removed from fuel |
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poverty in the report period. |
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(6) | In subsection (5) “social housing” means housing let by a registered social land |
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lord or a local housing authority. |
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(7) | The Secretary of State must lay before Parliament each report he prepares |
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(1) | In Schedule 1 to the Building Act 1984 (c. 55) (provision that may be included |
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in building regulations), after paragraph 4 insert— |
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“4A (1) | Building regulations may require that, in prescribed circumstances, |
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a person of a prescribed class or description is to give to a local |
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authority or an approved inspector a certificate to the effect that the |
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requirements of building regulations as to matters of a prescribed |
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description are satisfied. |
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(2) | Building regulations may provide for such certificates to be treated |
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as evidence (but not conclusive evidence) of the matters certified. |
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(3) | Building regulations may provide for requiring an approved |
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inspector to, at the same time as he gives a final certificate to a local |
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authority in relation to any work, give also to the authority a copy of |
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a certificate that, in pursuance of regulations falling within sub- |
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paragraph (1) above, has been given to the inspector in relation to |
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(2) | In subsection (1)(a) of section 57 of that Act (offences relating to false or |
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misleading certificates), for sub-paragraph (i) substitute— |
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“(i) | purports to comply with the requirements of this Part of |
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this Act, section 16(9) above or building regulations |
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falling within paragraph 4A(1) of Schedule 1 to this Act, |
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