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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Building and Approved Inspectors (Amendment) (No. 2) Regulations 2006 No. 3318 URL: http://www.bailii.org/uk/legis/num_reg/2006/20063318.html

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Amendment of the Building Regulations 2000
     2. —(1) The Building Regulations 2000[2] are amended as follows.

    (2) After regulation 16A[3] (provisions applicable to self certification schemes) insert—

" 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[4], 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.".

    (3) In regulation 17[5] (completion certificates)—

(a) in paragraph (2) omit "of Schedule 1";

(b) in paragraph (3)(a) after "the applicable requirements of" insert "regulation16B and"; and

(c) in paragraph (3)(b) after "any applicable requirements of" insert "regulation 17C (target CO₂ emission rates for new buildings) and".

    (4) For column 1 of paragraph B3(3) in Part B of Schedule 1[6] (requirements relating to internal fire spread (structure)) substitute the following—

" (3) Where reasonably necessary to inhibit the spread of fire within the building, measures shall be taken, to an extent appropriate to the size and intended use of the building, comprising either or both of the following— (a) sub-division of the building with fire-resisting construction; (b) installation of suitable automatic fire suppression systems.".

    (5) In Schedule 2A[7] (self-certification schemes)—

(a) In column 2 of paragraph 3 for "NAPIT Certification Limited" substitute "NAPIT Registration Limited[8]";

(b) in column 2 of paragraph 4 for "NAPIT Certification Limited" substitute "NAPIT Registration Limited, Association of Plumbing and Heating Contractors (Certification) Limited[9], NICEIC Group Limited[10]";

(c) in column 1 of paragraph 5 at the end add ", other than a combustion appliance or its associated controls.";

(d) in column 2 of paragraph 5 after "Building Engineering Services Competence Accreditation Limited" insert ", Association of Plumbing and Heating Contractors (Certification) Limited, NICEIC Group Limited, Corgi Services Limited[11] or NAPIT Registration Limited";

(e) in column 1 of paragraph 6 at the end add ", other than a combustion appliance or its associated controls.";

(f) in column 2 of paragraph 6 after "Building Engineering Services Competence Accreditation Limited" insert "or NICEIC Group Limited";

(g) in column 2 of paragraph 7 for "or NAPIT Certification Limited" substitute ", NAPIT Registration Limited or NICEIC Group Limited";

(h) in column 2 of paragraph 8 after "Corgi Services Limited" insert "or NICEIC Group Limited";

(i) in column 2 of paragraph 9 after "The Electrical Contractors Association Limited" insert "or NICEIC Group Limited";

(j) in column 2 of paragraph 10 for "NAPIT Certification Limited" substitute "NAPIT Registration Limited";

(k) in column 2 of paragraph 11 for "NAPIT Certification Limited" substitute "NAPIT Registration Limited, Association of Plumbing and Heating Contractors (Certification) Limited";

(l) in column 2 of paragraph 13 for "or NAPIT Certification Limited" substitute ", NAPIT Registration Limited, Association of Plumbing and Heating Contractors (Certification) Limited or NICEIC Group Limited"; and

(m) in paragraph 14(1) omit ", other than the provision of a masonry chimney,".

Amendment of the Building (Approved Inspectors etc.) Regulations 2000
     3. —(1) The Building (Approved Inspectors etc.) Regulations 2000[12] are amended as follows.

    (2) In regulation 11(1)(a)[13] (functions of approved inspectors) after "regulations 4, 4A, 4B, 6, 7," insert "16B,".

    (3) In regulation 18(2)(i)[14] (events causing initial notice to cease to be in force) after "regulation 13(1)(b)," insert "except where it contains only flats and common parts for those flats,".

    (4) In regulation 31[15] (contravention of certain regulations not to be an offence) for "regulations 12, 12A, 12B, 12C and 20" substitute "regulation 20".

Transitional provisions
     4. —(1) Subject to paragraph (2), the Building Regulations 2000 ("the Building Regulations") and the Building (Approved Inspectors etc.) Regulations 2000 ("the Approved Inspectors Regulations") shall continue to apply in relation to any building work as if the amendments made by regulations 2(2), 2(3)(b), 2(4) and 3(2) had not been made where—

(a) before 6th April 2007 a building notice, an initial notice, an amendment notice or a public body's notice has been given to, or full plans have been deposited with, a local authority; and

(b) building work is carried out or is to be carried out in accordance with any such notice or plans, whether with or without any departure from such plans.

    (2) Where an initial notice given before 6th April 2007 is varied by an amendment notice given on or after that date, the Building Regulations and the Approved Inspectors Regulations shall continue to apply as if the amendments made by regulations 2(2), 2(3)(b), 2(4) and 3(2) 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) Subject to paragraph (4), where before 15th January 2007—

(a) work is commenced in accordance with a building notice, an initial notice, an amendment notice or a public body's notice given to, or full plans deposited with, a local authority; or

(b) building work to which regulation 12(5) of the Building Regulations applies is commenced,

the Building Regulations shall continue to apply to that work as if the amendments made by regulations 2(5)(c) and (e) of these Regulations had not been made.

    (4) Where an initial notice given before 15th January 2007 is varied by an amendment notice given on or after that date, the Building Regulations shall continue to apply as if the amendments made by regulations 2(5)(c) and (e) 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.

    (5) The amendment made by regulation 2(3)(c) of these Regulations only applies to building work in relation to which regulation 17C of the Building Regulations applies.



Signed by authority of the Secretary of State


Angela Smith
Parliamentary Under Secretary of State Department for Communities and Local Government

13th December 2006

[2] S.I. 2000/2531.back

[3] Inserted by S.I. 2002/440 and substituted by S.I. 2004/3210. There has been a subsequent amendment but it is not relevant.back

[4] S.I. 2005/1541; see article 6.back

[5] There is an amendment not relevant to these Regulations.back

[6] Part B was substituted by S.I. 2002/2871.back

[7] Inserted by S.I. 2002/440 and substituted by S.I. 2006/652.back

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

[9] A company incorporated under the Companies Act 1985 with the registration number 02876277.back

[10] A company incorporated under the Companies Act 1985 with the registration number 02513162.back

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

[12] S.I. 2000/2532.back

[13] Amended by S.I. 2001/3336 and 2006/652.back

[14] Amended by S.I. 2005/1541.back

[15] Amended by S.I. 2006/652.back

 © Crown copyright 2006