Sustainable and Secure Buildings Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Sustainable and Secure Buildings Bill

Sustainable and Secure Buildings Bill
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A
Bill
[AS AMENDED IN STANDING COMMITTEE C]
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:—
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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,
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(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,”.
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(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—
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“(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.”
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(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 69 53/3

Sustainable and Secure Buildings Bill
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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 (7).
(2)
In sub-paragraph (a)(ii) of paragraph 7, for “and use” substitute “, use and re-
use”.
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(3)
In sub-paragraph (a)(ix) of that paragraph, after “gases,” insert “vapours,”.
(4)
In sub-paragraph (a)(xiv) of that paragraph, at the end insert “(including
equipment for monitoring and measuring supplies of water)”.
(5)
After sub-paragraph (a)(xxii) of that paragraph insert—
“(xxiia)
measures relating to the security of buildings,
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(xxiib)
measures affecting the use of fuel or power,
(xxiic)
equipment for monitoring and measuring supplies of
fuel, power or heat,
(xxiid)
recycling facilities (including facilities for
composting),”.
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(6)
In sub-paragraph (1) of paragraph 8, after paragraph (e) insert—
“(f)
buildings or parts of buildings, together with any services,
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 in prescribed circumstances.”
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(7)
For sub-paragraph (2) of paragraph 8 substitute—
     “(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.
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      (3)
The following building regulations may be made to apply to or in
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;
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(c)
regulations made with respect to the use of materials or
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
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components (including surface finishes);
(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
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building (or part); and
(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
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to measures calculated to secure, or to contribute to,
the prevention or reduction of emissions (whether or

Sustainable and Secure Buildings Bill
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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
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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)
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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
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(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
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(ii)
any service, fitting or equipment provided in or in
connection with that building.”
(8)
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
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change in the occupants of a building (or part), this section applies,
with any necessary modifications, in relation to the making of a change
of occupants as it applies in relation to the carrying out of work.”
(9)
In section 45(1) of that Act (application to United Kingdom Atomic Energy
Authority), for “(10)” substitute “(11)”.
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Continuing requirements of building regulations
(1)
After section 2 of the Building Act 1984 (c. 55) insert—
“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)
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below.
(2)
A continuing requirement falls within this subsection if—
(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
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(ii)
as respects its contribution to or effect on emissions
(whether or not from the building) of smoke, gases,
vapours or fumes;
(b)
it requires the inspection and testing of any service, fitting or
equipment provided in or in connection with a building—
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Sustainable and Secure Buildings Bill
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(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
(whether or not from it or the building) of smoke, gases,
vapours or fumes;
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(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—
(i)
measures for the purpose mentioned in section 1(1)(b)
above; or
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(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
building in question or a thing provided in or in
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
paragraph (a), (b) or (c); or
(e)
it requires the making of reports in relation to any of those
matters to a prescribed authority.
(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
with buildings, irrespective of both—
(a)
when the buildings were erected; and
(b)
whether building regulations were applicable to them at the
time of their erection.
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(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.
(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.”
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(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”.
(3)
In section 38(2) of that Act (provision relating to civil liability), after “section
2(2)” insert “or 2A”.
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(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”
substitute—

“‘continuing requirement’ means a continuing
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requirement of building regulations—
(a)
imposed by virtue of section 2(1) or (2)(a) or (b)
above; or
(b)
of a kind mentioned in subsection (2)(a), (b) or (c)
of section 2A above and imposed by virtue of
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subsection (1) of that section;”.
(5)
In section 126 of that Act (general interpretation), in the definition of
“substantive requirements” after “above” insert “and requirements that are of

Sustainable and Secure Buildings Bill
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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”.
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Removal of exemptions
The following provisions of the Building Act 1984 (c. 55) (which provide
certain exemptions from the requirements of the Act for educational buildings
5
and buildings of statutory undertakers and other authorities and licensees)
shall cease to have effect—
(a)
section 4;
(b)
section 59(4) and (5).
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Secretary of State to report on building stock
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(1)
The Secretary of State must—
(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
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purposes mentioned in section 1(1)(b) to (e) of the Building Act 1984 in the
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
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for any of those purposes;
(c)
effects or likely effects of regulations or proposals dealt with in the
report under paragraphs (a) and (b);
(d)
proposals considered by the Secretary of State during the period for the
setting of targets for any of those purposes in relation to—
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(i)
buildings in England and Wales; or
(ii)
services, fittings or equipment provided in or in connection
with such buildings;
(e)
overall changes during the period in—
(i)
the efficiency with which energy is used in buildings in England
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and Wales;
(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
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generating energy;
(iv)
the extent to which materials used in constructing, or carrying
out works in relation to, such buildings are recycled or re-used
materials.
(3)
A report under this section must contain an estimate, as at the end of the
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period, of the number of dwellings in England and Wales.
(4)
The Secretary of State must lay before Parliament each report he prepares
under this section.