The Building (Amendment) (England) Regulations 2024 - Part T: circular letter

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Dear Sir/Madam,

The Building (Amendment) (England) Regulations 2024

New Approved Document T (Toilets) to support new requirements in the regulations

Amendments to Approved Documents to support the following requirements of the Building Regulations 2010:

Part M: Amendments to Approved Document M (Access to and use of buildings) volume 2: buildings other than dwellings, 2015 edition incorporating 2020 amendments

Part G: Amendments to Approved Document G (Sanitation, hot water safety and water efficiency), 2015 edition incorporating 2016 amendments

I am writing to inform you of the Building (Amendment) (England) Regulations 2024

(S.I. 2024/645) (the “Regulations”) and publication of a new Approved Document T and two consequential amendments in Approved Document M (Access to and use of buildings) volume 2: buildings other than dwellings, 2015 edition incorporating 2020 and 2024

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amendments, and Approved Document G (Sanitation, hot water safety and water efficiency), 2015 edition incorporating 2016 and 2024 amendments.

Coming into force date

Both the Regulations and Approved Document T come into force on 1 October 2024, subject to the transitional provisions.

Summary of main changes

The Regulations amend the Building Regulations 2010 (S.I. 2024/645).

Consequential amendments have been made to Approved Document M (Access to and use of buildings) volume 2: buildings other than dwellings, 2015 edition incorporating 2020 and 2024 amendments, and Approved Document G (Sanitation, hot water safety and water efficiency), 2015 edition incorporating 2016 and 2024 amendments.

In August 2023, government launched a technical consultation proposing measures to ensure provision of separate toilets for men and women and guidance to encourage the provision of universal toilets, ensuring appropriate levels of safety, privacy and dignity in all situations.

Following analysis of consultation responses, changes have been made to the Building Regulations and a new Approved Document has been published.

The Amendment Regulations amend the Building Regulations 2010 to:

•Introduce a new Part T (Toilet Accommodation) into Schedule 1.

•Introduce a new functional requirement, T1, which states that toilet accommodation in buildings other than dwellings -

(a)must consist of-

(i) reasonable provision for male and female single-sex toilets, or –

(ii) where space precludes provision of single-sex toilets, universal toilets, and

(b)may consist of universal toilets in addition to single-sex toilets.

•Include a list of exemptions from the requirement, i.e. dwellings, en-suite facilities in individual rooms for residential purposes and care homes, premises used for early years provision, schools, and cellular accommodation in custodial facilities

•Make transitional provisions.

In the Secretary of State’s view, requirement T1 is met by ensuring all of the following:

a. Separate single-sex toilet facilities are provided. Universal toilets can be provided in addition to single-sex provision and where space allows. All toilet accommodation should have clear and appropriate signage.

b. Where space precludes single-sex toilet facilities from being provided, fully enclosed universal toilets should be provided.

Available space for toilet accommodation will vary from building to building; once reasonable provision is made for single-sex toilet facilities, any remaining space for toilet accommodation can be considered for universal toilet provision.

Approved Document T is new statutory guidance to support compliance with Part T of Schedule 1 to the Building Regulations 2010. It describes the size, layout, fittings and equipment of universal toilets and single-sex toilets.

Approved Document T identifies four types of toilet accommodation that are suitable for meeting requirement T1.

Type A – Fully enclosed self-contained ambulant universal toilet.

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Type B – Fully enclosed self-contained universal toilet.

Type C – Ambulant single-sex toilet cubicle (not self-contained).

Type D – Single-sex toilet cubicle (not self-contained).

Transitional arrangement

The Amendment Regulations, new Approved Document and new versions of Approved Document M (vol 2: buildings other than dwellings) and Approved Document G do not apply where a building notice or an initial notice or an application for building control approval with full plans, has been given to the relevant authority in respect of that building before 1 October 2024 and either the building work to which it relates:

a. has started and is sufficiently progressed before that day; or b. is started and is sufficiently progressed within the period of six months beginning on that day.

For the purpose of these transitional arrangements, building work is to be regarded as ‘sufficiently progressed’:

a. where the building work consists of the construction of a building, when the pouring of concrete for the permanent placement of the trench, pad or raft foundations has started, or the permanent placement of piling has started; or b. where the building work consists of work to an existing building, when that work has started; or c. where the building work consists of a material change of use of a building, when work to effect that change of use has stated.

Scope of this Circular Letter

The guidance in this Circular Letter applies to buildings and building work in England. This Circular letter gives an overview of the amendments brought forward. Building Control Bodies should familiarise themselves with the detailed content of the following documents:

The Building (Amendment) (England) Regulations 2024 and accompanying Explanatory

Memorandum available at: www.legislation.gov.uk

DLUHC Circular 02/2024, is available at: https://www.gov.uk/government/collections/building-regulations-circulars

The Government response to the consultation is available at:

Toilet provision in buildings other than dwellings: technical consultation - GOV.UK (www.gov.uk)

Approved Document T is available at https://www.gov.uk/government/publications/toilet- accommodation-approved-document-t

Amendment Booklet detailing the consequential amendments in Approved Document M (Access to and use of buildings) volume 2: buildings other than dwellings, 2015 edition incorporating 2020 and 2024 amendments is available at: https://www.gov.uk/government/publications/access-to-and-use-of-buildings-approved- document-m

Amendment Booklet detailing the consequential amendments in Approved Document G (Sanitation, hot water safety and water efficiency), 2015 edition incorporating 2016 and 2024 amendments is available at:

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https://www.gov.uk/government/publications/sanitation-hot-water-safety-and-water- efficiency-approved-document-g

Hard copies of all of the new approved documents will be available from the publisher later in the year when the changes take effect.

Enquiries

Telephone enquiries on this Circular Letter should be addressed to:

Department for Levelling Up, Housing and Communities on 0303 444 0000 and all email enquiries to: buildingassurance@levellingup.gov.uk

Yours faithfully

John Palmer

Deputy Director for Building Performance

Safer Greener Buildings Group

Department of Levelling Up, Housing and Communities