Building regulations in the United Kingdom
Building regulations in the United Kingdom are statutory instruments or statutory regulations that seek to ensure that the policies set out in the relevant legislation are carried out. Building regulations approval is required for most building work in the UK.
Building regulations that apply across England and Wales are made under powers set out in the Building Act 1984 (c. 55) while those that apply across Scotland are set out in the Building (Scotland) Act 2003. The Building Act 1984, as amended by the Building Safety Act 2022 (c. 30), permits detailed regulations to be made by the Secretary of State for England and by a Welsh Minister for Wales.
As 'Building Regulations' and 'Building Safety' are devolved areas of law, in the four parts of the UK.
The building regulations made under the Building Act 1984 have been periodically updated, rewritten or consolidated, with the latest and current version being the Building Regulations 2010. The UK Government (at Westminster) is responsible for the relevant legislation and administration in England, the Welsh Government (at Cardiff) is the responsible body in Wales, the Scottish Government (at Edinburgh) is responsible for the issue in Scotland, and the Northern Ireland Executive (at Belfast) has responsibility within its jurisdiction.
There are very similar (and technically very comparable) Building Regulations in the Republic of Ireland. The English Building Regulations 2010 and the Building Act 1984 (in England) have been updated, on 1 October 2023, with major changes by the Building Safety Act 2022 (c. 30).
Regulatory structure[edit]
The detailed requirements of the Building Regulations in England and Wales are scheduled within 18 separate headings, each designated by a letter (Part A to Part S), and covering aspects such as workmanship, adequate materials, structure, waterproofing and weatherisation, fire safety and means of escape, sound isolation, ventilation, safe (potable) water, protection from falling, drainage, sanitary facilities, accessibility and facilities for the disabled, measures to limit overheating in new dwellings, electrical safety, security of a building, high-speed broadband infrastructure connections, and the installation of a minimum number of facilities for the charging of electric vehicles in all new buildings (commercial and domestic).
There are entirely separate "Approved Documents" for Wales and England.
In Wales all new dwellings must have automatic fire suppression (sprinklers) installed.
In England only new residential buildings, over 11m high (four floors and more) are required to have automatic fire suppression (sprinklers) systems.
For each Part, detailed specifications are available free online (in the English and Welsh governments' "approved documents") describing the matters to be taken into account. The approved documents are not literally legally binding in how the requirements must be met; rather, they present the expectation of the Secretary of State concerning the minimum appropriate standards required for compliance with the Building Regulations, and the common methods and materials used to achieve these. The use of appropriate British Standards and/or European Standards is also accepted as one way of complying with the Building Regulations requirements.
However, the supply of gas (natural and/or LPG) is not specifically controlled by the Building Regulations, as there are separate Gas Safety Regulations enforced by the Health and Safety Executive (HSE). Fuel storage (e.g. Heating Oil and LPG tanks are controlled, near dwellings.)
Newer versions of Building Regulations are generally not retrospective: they are applied to each new change or modification to a building (or new part of a building) but do not require renovation of existing elements. There are general requirements for any change or improvement, that the building must not be left any less satisfactory in compliance than before the works, and areas worked on must not be left in unsafe condition by reference to current standards. The Regulations may also specify in some cases, that when enough work is done in an area (such as partial new insulation) the remainder of that area must be brought to an appropriate standard; however the standard required for an existing building may be less stringent than that required for a completely new building.
The Regulations also specify that some types of work must be undertaken by an appropriately qualified professional (such as works on gas or certain electrical matters), or must be notified to the relevant local authority's Building regulations approval for certification or approval.
The application of Building Regulations is separate and distinct from 'Town Planning' and 'planning permission'; the Building Regulations control how buildings are to be designed or modified on the public grounds of safety and sustainability while 'planning permission' is concerned with appropriate development, the nature of land usage, and the appearance of neighbourhoods. Therefore, both must be considered when building works are to be undertaken.
The erection of new residential buildings[edit]
S1.
(1) A new residential building with associated parking must have access to electric vehicle charge points as provided for in paragraph (2)
(2) The number of associated parking spaces which have access to electric vehicle charge points must be—(a)the total number of associated parking spaces, where there are fewer associated parking spaces than there are dwellings contained in the residential building; or(b)the number of associated parking spaces that is equal to the total number of dwellings contained in the residential building, where there are the same number of associated parking spaces as, or more associated parking spaces than, there are dwellings.
(3) Cable routes for electric vehicle charge points must be installed in any associated parking spaces which do not, in accordance with paragraph (2), have an electric vehicle charge point where—
(a) a new residential building has more than 10 associated parking spaces; and
(b) there are more associated parking spaces than there are dwellings contained in the residential building.
Dwellings resulting from a material change of use[edit]
S2.Where one or more dwellings with associated parking result from a building, or a part of a building, undergoing a material change of use at least one associated parking space for the use of each such dwelling must have access to an electric vehicle charge point.
Residential buildings undergoing major renovation[edit]
S3.Where a residential building undergoing major renovation will have more than 10 associated parking spaces after the major renovation is completed—
(a) at least one associated parking space for the use of each new dwelling must have access to an electric vehicle charge point;
(b) cable routes [ducts, etc.] for electric vehicle charge points must be installed in all additional associated parking spaces.
All new buildings, unless in one of the following exempt Classes, must meet the relevant requirements of the Building Regulations. See Reg. No. 3)
Exempt buildings include:
The Building Regulations 2000 have been amended five times since the original statutory instrument was published. A new consolidated edition was published in 2010 – the Building Regulations 2010. These have also now been amended five times since 2010. It is good practice to have exemption confirmed by the relevant local authority prior to starting construction works or alterations. The latest statutory instrument gives the full conditions of exemptions (and any newly controlled buildings).
Crown buildings (national government buildings and military buildings) are no longer totally exempt from the English Building Regulations. All Crown buildings must comply with the energy efficiency measures set out in Part L.
This is due to EU laws requiring higher energy efficiency in all buildings (new and existing) under European climate change measures such as the EU Energy Performance of Buildings Directive.
EU law requires public buildings to be "good energy practice" examples. BREXIT laws have not altered this "good energy practice" requirement.
New energy regulations have been made to fully implement these EU laws, where they fall outside the scope of the building regulations.
Most of the detailed information on the building regulations is now available on http://www.planningportal.gov.uk where members of the public can now access simplified building regulations guidance and where professional users have a better organised version of what was previously on the DCLG building legislation and building regulations web pages, including the Approved Documents and associated guidance.
The new DCLG web pages (now found within the gov.uk website) still gives the professional user detailed information on the scope and extent of the building regulations system, in England. The DCLG web pages also hold DCLG policy papers, background papers, research papers and consultation documents on proposed amendments to both the building regulations and Approved Documents.