England The Building Regulations 2010
The Building etc. (Amendment) Regulations 2023: circular letter
Library captured 10 September 2026 · Source updated 12 May 2023
Page 1
#Source page 1
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 and Rescue Authorities in England & Wales
11May 2023
Dear Sir or Madam
Amendments to Regulations 7(3)(k), 17(2A), and 19(1) of the Building Regulations 2010.
Amendment to Regulation 17(1) of the Building Regulations etc. (Amendment) (England) Regulations 2021.
I am writing to inform you that we have issued an amendments to Regulations 7(3)(k), 17(2A), and 19(1) of the Building Regulations 2010, and Regulation 17(1) of the Building Regulations etc. (Amendment) (England) Regulations 2021.
The amendment to Regulation 7(3)(k) of the Building Regulations 2010 amends the regulations to make a correction in the name of European fire classifications A2fl-s1, and is as follows:
Page 2
#Source page 2
| Withdrawn Text | Amended Text |
|---|---|
| 7.—(3) Paragraph (2) does not apply to— (k) materials which form the top horizontal floor layer of a balcony which are of European Classification A1fl or A2fl-sl (classified in accordance with the reaction to fire classification) provided that the entire layer has an imperforate substrate under it.” | 7.—(3) Paragraph (2) does not apply to— (k) materials which form the top horizontal floor layer of a balcony which are of European Classification A1fl or A2fl-s1 (classified in accordance with the reaction to fire classification) provided that the entire layer has an imperforate substrate under it.” |
The amendment to Regulation 17(2A) of the Building Regulations 2010 amends the regulations to add compliance with the target primary energy rate to the list of requirements that must be met before a completion certificate may be issued by a local authority.
As such, the following text will be inserted in Regulation 17(2A) after sub-paragraph (c):
“(cc) regulation 26C (target primary energy rates for new buildings);”
The amendment to Regulation 19(1) of the Building Regulations 2010 amends the regulations to ensure that where work is subject to an initial notice, the requirements to give the local authority documentation on compliance with fabric energy efficiency rate calculations and target primary energy rate calculations does not apply.
As such, the following text will be inserted in Regulation 19(1) after “27 (CO2 emission rate calculations),”: “27A (fabric energy efficiency rate calculations), 27C (target primary energy rate calculations for new buildings),”
The amendment to Regulation 17(1) of the Building Regulations etc. (Amendment) (England) Regulations 2021 amends the regulations with respect to the scope of transitional provisions for building work in England by:
•clarifying that building sites falling under the 2013 transitional provisions will be exempt from the requirements of the 2021 regulations
•ensuring that building sites falling under the 2013 transitional provisions are able to meet the requirements of the appropriate building regulations on a site-wide basis.
Page 3
#Source page 3
The amendment to Regulation 17(1) of the Building Regulations etc. (Amendment) (England) Regulations 2021 is as follows:
| Withdrawn Text | Amended Text |
|---|---|
| 17.—(1) The amendments made by Parts 2 and 3 of these Regulations (other than regulations 9, 12 and 13 in Part 2) do not apply in relation to building work on a particular building, where a building notice or an initial notice has been given to, or full plans have been deposited with, a local authority, in respect of that building, before 15th June 2022, provided that the building work on that building is started before 15th June 2023. | 17.— (1) The amendments made by Parts 2 and 3 of these Regulations (other than regulations 9, 12 and 13) do not apply in relation to— (a) building work to which regulation 9 (transitional provisions) of the Building Regulations &c. (Amendment) (No 2) Regulations 2013 applies; and (b) building work on a particular building, where a building notice or an initial notice has been given to, or full plans have been deposited with, a local authority, in respect of that building before 15th June 2022, provided that the building work on that building is started before 15th June 2023.” |
Scope of this Circular Letter
The guidance in this Circular Letter applies to buildings and building work in England.
Notice of approval of the methodologies of calculation of the energy performance of new buildings has also been updated to reflect this update to transitional provisions. The notice of approval is available on the GOV.UK website at:
Telephone enquiries on this circular letter should be addressed to the Energy Performance of Buildings Division on 0303 444 0000 and all e-mail enquiries to FutureHomesandBuildingsStandards@levellingup.gov.uk
Yours faithfully
John Palmer
Deputy Director
Energy Performance of Buildings Division
Department for Levelling Up, Housing and Communities