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Building Regulations 2000. PART 5

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Building Regulations 2000. PART 5
Print 2007-05-03 11:51  

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Giving of a building notice or deposit of plans 12.—(1). . .

(2) This regulation applies to a person who intends to—
(a) carry out building work;
(b) replace or renovate a thermal element in a building to which the energy efficiency requirements apply;
(c) make a change to a building’s energy status; or
(d) make a material change of use.
(2A) Subject to the following provisions of this regulation, a person to whom this regulation applies shall—
(a) give to the local authority a building notice in accordance with regulation 13; or
(b) deposit full plans with the local authority in accordance with regulation 14.
(3) A person shall deposit full plans where he intends to carry out building work in relation to a building to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of the building work.



(4) A person shall deposit full plans where he intends to carry out work which includes the erection of a building fronting on to a private street.
(4A) A person shall deposit full plans where he intends to carry out building work in relation to which paragraph H4 of Schedule 1 imposes a requirement.
(5) A person who intends to carry out building work is not required to give a building notice or deposit full plans where the work consists only of work—
(a) described in column 1 of the Table in Schedule 2A if the work is to be carried out by a person described in the corresponding entry in column 2 of that Table, and paragraphs 1 and 2 of that Schedule have effect for the purposes of the descriptions in the Table; or
(b) described in Schedule 2B.
(6) Where regulation 20 of the Building (Approved Inspectors etc) Regulations 2000 (local authority powers in relation to partly completed work) applies, the owner shall comply with the requirements of that regulation instead of with this regulation.
(7) Where—
(a) a person proposes to carry out work which consists of emergency repairs;
(b) it is not practicable to comply with paragraph (2A) before commencing the work; and
(c) paragraph (5) does not apply,

he shall give a building notice to the local authority as soon as reasonably practicable after commencement of the work.
Particulars and plans where a building notice is given
13.—(1) A building notice shall state the name and address of the person intending to carry out the work and shall be signed by him or on his behalf, and shall contain or be accompanied by—
(a) a statement that it is given for the purpose of regulation 12(2)(a);
(b) a description of the proposed building work, renovation or replacement of a thermal element, change to the building’s energy status or material change of use; and
(c) particulars of the location of the building to which the proposal relates and the use or intended use of that building.
(2) In the case of the erection or extension of a building, a building notice shall be accompanied by—
(a) a plan to a scale of not less than 1:1250 showing—
(i) the size and position of the building, or the building as extended, and its relationship to adjoining boundaries;
(ii) the boundaries of the curtilage of the building, or the building as extended, and the size, position and use of every other building or proposed building within that curtilage;
(iii) the width and position of any street on or within the boundaries of the curtilage of the building or the building as extended;
(b) a statement specifying the number of storeys (each basement level being counted as one storey), in the building to which the proposal relates; and
(c) particulars of—
(i) the provision to be made for the drainage of the building or extension;
(ii)
(iii) the steps to be taken to comply with any local enactment which applies.
(3) In the case of building work which involves the insertion of insulating material into the cavity walls of a building, a building notice shall be accompanied by a statement which specifies—
(a) the name and type of insulating material to be used;


(b) the name of any European Technical Approval issuing body which has approved the insulating material;
(c) the requirements of Schedule 1 in relation to which any body referred to in (b) has approved the insulating material;
(d) any national standard of a member state of the European Economic Area to which the insulating material conforms; and
(e) the name of any body which has issued any current approval to the installer of the insulating material.
(4) Where building work involves the provision of a hot water storage system in relation to which paragraph G3 of Schedule 1 (hot water storage) imposes a requirement, a building notice shall be accompanied by a statement which specifies—
(a) the name, make, model and type of hot water storage system to be installed;
(b) the name of the body, if any, which has approved or certified that the system is capable of performing in a way which satisfies the requirements of paragraph G3 of Schedule 1;
(c) the name of the body, if any, which has issued any current registered operative identity card to the installer or proposed installer of the system.
(5) Where a building notice has been given, a person carrying out building work, renovation or replacement of a thermal element, change to the building’s energy status or making a material change of use shall give the local authority, within such time as they specify, such plans as are, in the particular case, necessary for the discharge of their functions in relation to building regulations and are specified by them in writing.
(6) Neither a building notice nor plans which accompany it or are given under paragraph (5) are to be treated for the purposes of section 16 of the Act as having been deposited in accordance with building regulations.
(7) A building notice shall cease to have effect on the expiry of three years from the date on which that notice was given to the local authority, unless before the expiry of that period—
(a) the building work to which the notice related was commenced; or
(b) the change to the building’s energy status or the material change of use described in the notice was made.

Full plans
14.—(1) Full plans shall be accompanied by a statement that they are deposited for the purpose of regulation 12(2)(b).
(2) (a) Full plans shall be deposited in duplicate, of which the local authority may retain one copy; and
(b) where Part B of Schedule 1 (fire safety) imposes a requirement in relation to proposed building work, an additional two copies of any such plans as demonstrate compliance with that requirement shall be deposited, both of which may be retained by the local authority.
(3) Full plans shall consist of—
(a) a description of the proposed building work, renovation or replacement of a thermal element, change to the building’s energy status or material change of use, and the plans, particulars and statements required by paragraphs (1) to (4) of regulation 13; and
(aa) where paragraph H4 of Schedule 1 imposes a requirement, particulars of the precautions to be taken in building over a drain, sewer or disposal main to comply with the requirements of that paragraph; and
(b) any other plans which are necessary to show that the work would comply with these Regulations.


(4) Full plans shall be accompanied by a statement as to whether the building is a building in relation to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of the building work.
(5) Full plans may be accompanied by a request from the person carrying out building work that on completion of the work he wishes the local authority to issue a completion certificate in accordance with regulation 17.
(6) Paragraph (2)(b) shall not require the deposit of additional copies of plans where the proposed building work relates to the erection, extension or material alteration of a dwelling-house or flat.

Consultation with sewerage undertaker
14A—(1) This regulation applies where full plans have been deposited with the local authority and paragraph H4 of Schedule 1 imposes requirements in relation to the building work which is the subject of those plans.
(2) Where this regulation applies the local authority shall consult the sewerage undertaker—
(a) as soon as practicable after the plans have been deposited; and
(b) before issuing any completion certificate in relation to the building work in accordance with regulation 17 pursuant to a request under regulation 14(5).

(3) Where a local authority is required by paragraph (2) to consult the sewerage undertaker they shall—
(a) give to the sewerage undertaker, in a case where they are consulting them following the deposit of full plans, sufficient plans to show whether the work would, if carried out in accordance with those plans, comply with the applicable requirements of paragraph H4 of Schedule 1;
(b) have regard to any views expressed by the sewerage undertaker; and
(c) not pass plans or issue a completion certificate until 15 days have elapsed from the date on which they consulted the sewerage undertaker, unless the sewerage undertaker has expressed its views to them before the expiry of that period.

Notice of commencement and completion of certain stages of work
15.—(1) Subject to paragraphs (8) and (9), a person who proposes to carry out building work shall not commence that work unless—
(a) he has given the local authority notice that he intends to commence work; and
(b) at least two days have elapsed since the end of the day on which he gave the notice.
(2) Subject to paragraph (8), a person carrying out building work shall not—
(a) cover up any excavation for a foundation, any foundation, any damp-proof course or any concrete or other material laid over a site; or
(b) cover up in any way any drain or sewer to which these Regulations apply, unless he has given the local authority notice that he intends to commence that work, and at least one day has elapsed since the end of the day on which he gave the notice.
(3) Subject to paragraph (8), a person who has laid, haunched or covered any drain or sewer in respect of which Part H of Schedule 1 (drainage and waste disposal) imposes a requirement shall give notice to that effect to the local authority not more than five days after the completion of the work.
(4) Subject to paragraph (8), a person carrying out building work shall, not more than five days after that work has been completed, give the local authority notice to that effect.
(5) Where a building is being erected, and that building (or any part of it) is to be occupied before completion, the person carrying out that work shall give the local authority at least five days notice before the building or any part of it is occupied.


(6) Where a person fails to comply with paragraphs (1) to (3), he shall comply within a reasonable time with any notice given by the local authority requiring him to cut into, lay open or pull down so much of the work as prevents them from ascertaining whether these Regulations have been complied with.
(7) If the local authority have given notice specifying the manner in which any work contravenes the requirements in these Regulations, a person who has carried out any further work to secure compliance with these Regulations shall within a reasonable time after the completion of such further work give notice to the local authority of its completion.
(8) Paragraphs (1) to (4) apply only to a person who is required by regulation 12 to give a building notice or deposit full plans.
(9) Paragraph (1) does not apply where regulation 12(7) applies.

Energy rating
16.—(1) This regulation applies where a new dwelling is created by building work or by a material change of use in connection with which building work is carried out.
(2) Where this regulation applies, the person carrying out the building work shall calculate the energy rating of the dwelling by means of a procedure approved by the Secretary of State and give notice of that rating to the local authority.
(3) The notice referred to in paragraph (2) shall be given not later than the date on which the notice required by paragraph (4) of regulation 15 is given, and, where a new dwelling is created by the erection of a building, it shall be given at least five days before occupation of the dwelling.
(4) Where this regulation applies, subject to paragraphs (6) and (7), the person carrying out the building work shall affix, as soon as practicable, in a conspicuous place in the dwelling, a notice stating the energy rating of the dwelling.
(5) The notice referred to in paragraph (4) shall be affixed not later than the date on which the notice required by paragraph (4) of regulation 15 is given, and, where a new dwelling is created by the erection of a building, it shall be affixed not later than five days before occupation of the dwelling.
(6) Subject to paragraph (7), if, on the date the dwelling is first occupied as a residence, no notice has been affixed in the dwelling in accordance with paragraph (4), the person carrying out the building work shall, not later than the date on which the notice required by paragraph (4) of regulation 15 is given, give to the occupier of the dwelling a notice stating the energy rating of the dwelling calculated in accordance with paragraph (2).
(7) Paragraphs (4) and (6) shall not apply in a case where the person carrying out the work intends to occupy, or occupies, the dwelling as a residence.

Provisions applicable to self certification schemes
16A—(1) This regulation applies to the extent that the building work consists only of work of a type described in column 1 of the Table in Schedule 2A and the work is carried out by a person who is described in the corresponding entry in column 2 of that Table in respect of that type of work.
(2) Where this regulation applies, the local authority is authorised to accept, as evidence that the requirements of regulations 4 and 7 have been satisfied, a certificate to that effect by the person carrying out the building work.
(3) Where this regulation applies, the person carrying out the work shall, not more than 30 days after the completion of the work—
(a) give to the occupier a copy of the certificate referred to in paragraph (2); and
(b) give to the local authority—
(i) notice to that effect, or
(ii) the certificate referred to in paragraph (2).


(4) Paragraph (3) of this regulation does not apply where a person carries out the building work described in Schedule 2B.
Fire safety information
16B.—(1) This regulation applies where building work—
(a) consists of or includes the erection or extension of a relevant building; or
(b) is carried out in connection with a relevant change of use of a building,
and Part B of Schedule 1 imposes a requirement in relation to the work.
(2) The person carrying out the work shall give fire safety information to the responsible person not later than the date of completion of the work, or the date of occupation of the building or extension, whichever is the earlier.
(3) In this regulation—
(a) “fire safety information” means information relating to the design and construction of the building or extension, and the services, fittings and equipment provided in or in connection with the building or extension which will assist the responsible person to operate and maintain the building or extension with reasonable safety;
(b) a “relevant building” is a building to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of building work;
(c) a “relevant change of use” is a material change of use where, after the change of use takes place, the Regulatory Reform (Fire Safety) Order 2005 will apply, or continue to apply, to the building; and
(d) “responsible person” has the meaning given by article 3 of the Regulatory Reform (Fire Safety) Order 2005.

Completion certificates
17.—(1) A local authority shall give a completion certificate in accordance with this regulation and as provided for in paragraph (2) where—
(a) they receive a notice under regulation 15(4) or (5) that building work has been completed, or, that a building has been partly occupied before completion; and
(b) they have either—
(i) been notified, in accordance with regulation 14(4), that the building is a building to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of the work; or
(ii) been requested, in accordance with regulation 14(5), to give a completion certificate.
(2) Where in relation to any building work or, as the case may be, to any part of a building which has been occupied before completion, a local authority have been able to ascertain, after taking all reasonable steps, that the relevant requirements specified in the certificate have been satisfied, they shall give a certificate to that effect.
(3) In this regulation “relevant requirements” mean—
(a) in a case mentioned in paragraph (1)(b)(i), the applicable requirements of regulation 16B and Part B of Schedule 1 (fire safety); and
(b) in a case mentioned in paragraph (1)(b)(ii), any applicable requirements of regulation 17C (target CO2 emission rates for new buildings) and Schedule 1.
(4) A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with.





 


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