Building and Approved Inspectors (Amendment) Regulations 2010

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To:

The Chief Executive

Unitary, Metropolitan, District and London Borough Councils in England

County and County Borough Councils in Wales

The Town Clerk, City of London

The Clerk, Council of the Isles of Scilly

The Sub-Treasurer, Inner Temple

The Under Treasurer, Middle Temple

The Head of Building Control

Unitary Metropolitan, District and London Borough Councils in England

County and County Borough Councils in Wales

City of London

Council of the Isles of Scilly

Approved Inspectors cc: The Chief Executive:

County Councils in England

National Park Authorities in England & Wales

The Chief Fire Officer: Fire Authorities in England and Wales

18March 2010

Dear Sir/Madam

BUILDING REGULATIONS 2000 (SI 2000/2531)

BUILDING (APPROVED INSPECTORS ETC) REGULATIONS 2000 (SI 2000/2532)

A. Building and Approved Inspectors (Amendment) Regulations 2010

I am writing first to inform you about the Building and Approved Inspectors (Amendment) Regulations 2010 (S.I. 2010/719) and associated documents, and the publication of Approved Document G (2010). The Regulations were made on 9 March 2010 and laid before Parliament on 12 March.

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These Regulations amend the Building Regulations and the Approved Inspectors Regulations. Amendments to Part G of Schedule 1, Schedule 2A and Schedule 2B to the Building Regulations come into effect on 6 April 2010 and the transitional provisions in these Regulations do not apply. The amendments to Parts F, J and the energy efficiency provisions come into effect on 1 October 2010 and are subject to the transitional provisions in the Regulations.

Publications

DCLG Circular 03/2010, which sets out the amendments and transitional provisions in full. The Circular is available at:

http://www.communities.gov.uk/publications/planningandbuilding/circular032010

Part G

The Amendment Regulations add a new definition of “softened wholesome water” to the Building Regulations and specify in an amended Part G of Schedule 1 where such water can be used. This is a technical amendment to the regulations to ensure that the legislative provisions deliver the policy as intended by the Building and Approved Inspectors (Amendment) Regulations 2009. The changes are necessary because in certain extremely hard water areas the water softening process can lead to sodium levels going beyond what is acceptable for wholesome water. The amendments make clear that it is acceptable for such “softened wholesome water” to be supplied to washbasins, bidets, baths and showers.

These amendments will come into force on 6 April 2010, the same day as the earlier amendments to Part G come into force. They are subject to the transitional arrangements set out in the Building and Approved Inspectors (Amendment) Regulations 2009 (SI 2009/1219) as amended by the Building and Approved Inspectors (Amendment No. 2) Regulations 2009 (SI 2009/2465).

Part F

The Amendment Regulations make three main changes to Part F:

•A new requirement for air flow rate testing of mechanical ventilation systems in new dwellings

•A new requirement for the commissioning of mechanical ventilation systems in all buildings where testing and adjustment of the systems is possible

•A new requirement that the building owner be given sufficient information about a building’s ventilation systems so that the systems can be properly operated and maintained.

Part J

The Amendment Regulations introduce a new requirement for the installation of carbon monoxide alarms in appropriate circumstances where a solid fuel burning combustion appliance is installed.

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Energy efficiency provisions

The Amendment Regulations introduce a new requirement for CO 2 emission calculations to be carried out from the design specifications for a new building. The calculations are to be given to the building control body together with the specifications used in the calculations before building work starts.

Schedule 2A: Competent person schemes

The restrictions on the self-certification of combustion appliances with over 100 kilowatts input/output or in buildings over three storeys have been removed. This will allow competent person scheme members assessed as competent to design, install and commission such appliances to self-certify compliance with the Building Regulations.

The Amendment Regulations also make a number of other changes to Schedule 2A, mainly to separate the installation of a combustion appliance from the installation of a heating or hot water system connected to such an appliance.

A revised list of competent person schemes for the various types of work is given at the Annex to this Circular Letter.

Schedule 2B: Non-notifiable work

The Amendment Regulations make one addition to the types of work that do not need to be notified to a building control body. It will from 6 April 2010 be permissible without notification to add insulation in a loft space or roof space if this is the sole work being undertaken and it is being done voluntarily and not in response to a statutory requirement.

B. Approved Document G (2010)

We have also published on 12 March the final version of Approved Document G (2010). The Approved Document had previously been published in draft form in May 2009 but a number of changes have been made subsequently. Approved Document G (2010) and a document summarising the changes that have been made from the earlier draft version are available online at:

www.planningportal.gov.uk/england/professionals/buildingregs/technicalguidance/bc hygienepartg/bcapproveddocuments5.

This edition comes into effect on 6 April 2010, the same day as the amendments to Part G, and it is subject to the same transitional arrangements.

C. Approved Documents F, J and L (2010)

The Department intends shortly to publish new Approved Documents giving guidance on Parts F, J and L as amended by the Building and Approved Inspectors (Amendment) Regulations 2010. A separate Departmental Circular will be published at the time of publication of the Approved Documents and a separate Circular Letter

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sent to building control bodies. These Approved Documents will come into effect on 1 October 2010.

D. Approved Documents B and L 2006

The Department issued Circular 02/2010 giving details of amendments to the 2006 editions of Approved Document B Volumes 1 and 2 (Fire safety), and amendments and corrections to the 2006 editions of the Approved Documents L (Conservation of fuel and power). The Circular is available at:

http://www.communities.gov.uk/publications/planningandbuilding/circular022010

The amendments to the Approved Documents come into effect immediately. The text of the amendments will be available shortly at:

http://www.planningportal.gov.uk/england/professionals/buildingregs/technicalguidan ce/bcapproveddocumentslist/

Approved Document B (2006)

The Department has amended Volumes 1 and 2 of the 2006 editions of Approved Document B to incorporate changes to standards issued under the Lifts Directive and the Construction Products Directive.

Approved Documents L (2006)

Circular 06/2009 announced that the Department would publish an addendum/corrigendum of changes to the 2006 editions of the Approved Documents L. The changes are set out in the annexes to Circular 02/2010.

As mentioned above new 2010 editions of the Approved Documents L will come into force on 1 October 2010. However, the transitional provisions mean that the guidance in the 2006 Approved Documents L will continue to apply to some new buildings for some time, and to some work to existing buildings which is already in the pipeline. The amendments to the 2006 editions of the Approved Documents L will apply to these building projects.

Enquiries

Telephone enquiries on this Circular Letter should be addressed to Ian Drummond on 0303 444 1791.

All e-mail enquiries to enquiries.br@communities.gsi.gov.uk.

Yours faithfully

Ant Burd

Head of Technical Policy

Sustainable Buildings Division

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Schedule 2A to the Building Regulations 2000, as at 6 April 2010

Self-certification schemes and exemptions from requirement to give building notice or deposit full plans.

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