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2004 No. 3210

BUILDING AND BUILDINGS, ENGLAND AND WALES

The Building (Amendment) (No.3) Regulations 2004

  Made 6th December 2004 
  Laid before Parliament 10th December 2004 
  Coming into force 31st December 2004 

The First Secretary of State in exercise of the powers conferred upon him by sections 1(1) and 3 of, and paragraphs 2, 4(a), 7, 8 and 10 of Schedule 1 to, the Building Act 1984[1], after consulting the Building Regulations Advisory Committee and such other bodies as appear to him to be representative of the interests concerned in accordance with section 14(3) of that Act, hereby makes the following Regulations:

Citation, commencement and revocation
     1.  - (1) These Regulations may be cited as the Building (Amendment) (No. 3) Regulations 2004 and shall come into force on 31st December 2004.

    (2) The Building (Amendment) (No. 2) Regulations 2004[
2] are revoked.

Amendment of the Building Regulations 2000
     2.  - (1) The Building Regulations 2000[3] ("the principal Regulations") are amended as follows.

    (2) In regulation 2(1) (interpretation) - 

    (3) In regulation 3 (meaning of building work), in paragraph (1A)(b), for "Part G, H or J" substitute "Part G, H, J or P".

    (4) In regulation 6 (requirements relating to material change of use), in paragraph (1)(a), after the reference to L2 add "P1 and P2 (electrical safety);".

    (5) In regulation 8 (limitation on requirements), for "Parts A to D, F to K and N" substitute "Parts A to D, F to K, N and P".

    (6) At the beginning of regulation 9 (exempt buildings and work) insert "Subject to paragraph (2)" and add to that regulation the following paragraph - 

    (7) In regulation 12 (giving of a building notice or deposit of plans), for paragraph (5) substitute the following - 

    (8) For regulation 16A (provisions applicable to replacement windows, rooflights, roof windows and doors) substitute the following - 

    (9) In Schedule 1 (requirements), add Part P set out in Part 1 of the Schedule to these Regulations.

    (10) In Schedule 2A (exemptions from requirements to give building notice or deposit full plans), in the Table, after the paragraph relating to "the installation of replacement windows" insert in columns 1 and 2 the following - 

Installation of fixed low or extra-low voltage electrical installations. A person registered by BRE Certification Limited[4], British Standards Institution[5], ELECSA Limited[6], NICEIC Certification Services Ltd[7], or NAPIT Certification Limited[8] in respect of that type of work.
Installation of fixed low or extra-low voltage electrical installations as a necessary adjunct to or arising out of other work being carried out by the registered person. A person registered by CORGI Services Limited[9], ELECSA Limited[10], NAPIT Certification Limited[11], NICEIC Certification Services Limited[12] or Oil Firing Technical Association for the Petroleum Industry Ltd[13] in respect of that type of electrical work."


    (11) After Schedule 2A, insert Schedule 2B as set out in Part 2 of the Schedule to these Regulations.

Transitional provisions
    
3.  - (1) Subject to paragraph (2), where before 1st January 2005 building work is commenced in accordance with - 

the principal Regulations shall continue to apply to that building work as if the amendments made by regulation 2(2) to (6) and (9) had not been made.

    (2) Where an initial notice given before 1st January 2005 is varied by an amendment notice given on or after that date, the principal Regulations shall continue to apply as if the amendments made by regulation 2(2) to (6) and (9) had not been made, to so much of the building work as could have been carried out under that initial notice if the amendment notice had not been given.

    (3) Where before 1st January 2005 full plans of building work are deposited with a local authority in accordance with regulation 12(2) of the principal Regulations and the local authority, before that date - 

the principal Regulations shall continue to apply to that building work as if the amendments made by regulation 2(2) to (6) and (9) had not been made, whether or not the building work departs from those plans.

    (4) Where plans of work are the subject of a plans certificate, or a plans certificate combined with an initial notice, given to a local authority before 1st January 2005 in accordance with section 50 of the Act, and accepted by the local authority either before, on or after that date, the principal Regulations shall continue to apply to that building work as if the amendments made by regulations 2(2) to (6) and (9) had not been made, whether or not the building work departs from those plans.

    (5) In relation to building work of a description within the first 3 heads of column 1 of Schedule 2A (installation of a heat-producing gas appliance, of an oil-fired combustion appliance or oil storage tanks and pipes, or of a solid fuel burning combustion appliance) where the contract for the provision of the work is entered into before 1st April 2005 and the work is completed before 1st July 2005, the principal Regulations shall continue to apply to that building work as if the amendments made by regulation 2(8) had not been made.

    (6) In relation to building work of a description added to Schedule 2A by regulation 2(10) (installation of fixed low or extra-low voltage electrical installations in dwellings) where the contract for the work is entered into before 1st January 2005 and the work is completed before 1st April 2005, the principal Regulations shall continue to apply to that building work as if the amendments made by regulation 2(8) had not been made.



Signed by authority of the First Secretary of State


Phil Hope
Parliamentary Under Secretary of State Office of the Deputy Prime Minister

6th December 2004



SCHEDULE
Regulation 2(9) and (11)



PART 1

PART P OF SCHEDULE 1 TO THE BUILDING REGULATIONS 2000, ADDED BY THESE REGULATIONS

"Requirement Limits on application
PART P ELECTRICAL SAFETY
Design, installation, inspection and testing     
P1 Reasonable provision shall be made in the design, installation, inspection and testing of electrical installations in order to protect persons from fire or injury. The requirements of this Part apply only to electrical installations that are intended to operate at low or extra-low voltage and are - 

(a) in a dwelling;

(b) in the common parts of a building serving one or more dwellings, but excluding power supplies to lifts;

(c) in a building that receives its electricity from a source located within or shared with a dwelling; or

(d) in a garden or in or on land associated with a building where the electricity is from a source located within or shared with a dwelling."

Provision of information     
P2 Sufficient information shall be provided so that persons wishing to operate, maintain or alter an electrical installation can do so with reasonable safety     




PART 2

NEW SCHEDULE 2B TO THE BUILDING REGULATIONS 2000





EXPLANATORY NOTE

(This note is not part of the Regulations)


The Building Regulations 2000 (S.I.2000/2531 as amended by S.I. 2000/3335, S.I. 2002/440, S.I. 2002/2871 and S.I. 2003/2692), "the principal Regulations", impose requirements on people carrying out certain building operations. The Building (Amendment) (No.2) Regulations 2004 ("the No. 2 Regulations") made certain amendments with respect to electrical safety. These Regulations revoke the No. 2 Regulations, and incorporate the same amendments with some minor alterations and additional amendments to the principal Regulations. In addition to minor and drafting amendments the following changes of substance to the principal Regulations are made.

     1. The definition of "controlled service or fitting" in regulation 2(1) of the principal Regulations is extended to include services or fittings in relation to which Part P (electrical safety) imposes a requirement (regulation 2(2)(a)).

     2. A new definition of "electrical installation" is inserted, as Part P imposes a requirement that reasonable provision shall be made in the design, installation, inspection and testing of "electrical installation"'; (regulation (2)(2)(b)).

     3. New definitions of "low voltage" and "extra low voltage" are inserted as Part P limits its application to these types of installations (regulations (2)(2) (c) and (d)).

     4. A reference to Part P is added to paragraph (1A)(b) in regulation 3 (meaning of building work) of the principal Regulations, so that the limitation on the definition of "building work" in relation to the provision of certain controlled services or fittings in existing dwellings does not apply to Part P (regulation 2(3)).

     5. Changes are made to the requirements for specified material changes of use (amendments to regulation 6(1)(a)) of the principal Regulations (regulation 2(4)).

     6. A reference to Part P is added to regulation 8 of the principal Regulations which provides that compliance with the listed Parts does not require anything to be done beyond what is necessary to secure reasonable standards of health and safety (regulation 2(5)).

     7. A new paragraph is inserted in regulation 9 of the principal Regulations in order to make provision for Part P to apply to certain greenhouses, small-detached building and extensions (regulation 2(6)).

     8. Changes are made to regulation 12(5) of the principal Regulations (the giving of a building notice or deposit of plans), which confers exemptions where the work is within Schedule 2A or 2B. Schedule 2A is extended, and Schedule 2B inserted(regulation 2(7), (10) and (11), and Part 2 of the Schedule).

     9. Regulation 16A, which applies in relation to the works described in Schedule 2A, is substituted so as to extend the application of self certification schemes (regulation 2(8)).

     10. Part P is inserted into Schedule 1 to the principal Regulations (regulation 2(9)).

     11. Regulation 3 contains transitional provisions.

The Secretary of State has approved, under section 6(1) of the Building Act 1984, a new document containing practical guidance with respect to the requirements contained in Part P. The Approved Document P has been published by The Stationery Office and is available on the ODPM website at www.odpm.gov.uk.. It is intended that the Secretary of State will approve amendments to the Approved Document P that will also be available from the Stationery Office and on the ODPM website.

A regulatory impact assessment was prepared in relation to the No. 2 Regulations. A copy may be obtained from Buildings Division, ODPM (Tel: 020 7944 5755; Fax 020 7944 5739; Email:
[email protected]) or from the ODPM website. The further impact of the additional amendments made in these Regulations on business, voluntary bodies or the public sector is negligible.

The Wiring Regulations BS 7671: 2001 and amendments (ISBN 0-86341-373-0) can be obtained from the Institution of Electrical Engineers, P.O. Box 96, Stevenage, Herts SG1 2SD (email sales@iee.org.uk) or the British Standards Institution, Customer Services, 389 Chiswick High Road, London W4 4AL (email [email protected]).


Notes:

[1] 1984 c.55.back

[2] S.I. 2004/1808.back

[3] S.I. 2000/2531.Relevant amending instruments are S.I. 2001/3335, 2002/440, 2002/2871 and 2003/2692.back

[4] A company incorporated under the Companies Act 1985 (c.6) with the registration number 3548352.back

[5] Incorporated by Royal Charter.back

[6] A company incorporated under the Companies Act 1985 with the registration number 5131470.back

[7] A company incorporated under the Companies Act 1985 with the registration number 4411293.back

[8] A company incorporated under the Companies Act 1985 with the registered number 05190452.back

[9] A company incorporated under the Companies Act 1985 with the registration number 03268198back

[10] A company incorporated under the Companies Act 1985 with the registration number 5131470back

[11] A company incorporated under the Companies Act 1985 with the registration number 05190452back

[12] A company incorporated under the Companies Act 1985 with the registration number 4411293back

[13] A company incorporated under the Companies Act 1985 with the registration number 2739706back

[14] S.I. 1994/3260 to which there are amendments not relevant to these Regulations.back



ISBN 0 11 050822 X


  © Crown copyright 2004

Prepared 13 December 2004


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