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This ninth edition has a completely new look and we have worked hard to ensure that the book is as up to date as we can possibly make it. We have continued to provide a simplified explanation of the numerous Regulations which relate to buildings because our readers have told us they value this. We have introduced a new chapter (7) specifically to deal with buildings other than dwellings, and have taken the opportunity to simplify Chapter 6 as a consequence. New legislation in 2016 introduced two Approved Documents: Q (Security – Dwellings) and R (Physical infrastructure for high-speed electronic communications networks) and, again, there have been numerous changes to this complicated area of legislation since the eighth edition of this book was published in 2014. We are confident that our revisions mean it is still the best book on the market to provide the detail required by our readers in an easy-to-use format.
Since the last edition of Building Regulations in Brief, two new Approved Documents Q and R were introduced. Major changes in 2015 involved the issue of a 2015 edition of Approved Documents M (Access to and use of buildings), G (Sanitation) and H (Drainage). Minor amendments have also been made to Approved Documents A, B (V2), C, K, L and P. Readers who have not looked at the Regulations since early 2013 will find that the amended guidance on materials and workmanship.in Regulation 7 has caused consequential amendments to all of the Approved Documents, and that Approved Document N (Glazing) has been removed. In addition, sections on planning permission have been revised and details of fees have been updated. We have endeavoured to ensure that all changes that have been made to the documents concerning Building Regulations have been included in this ninth edition up to the date of its publication in November 2017.
In 2014, the government began a process of streamlining, revising and updating planning practice guidance to make it accessible and relevant to the current times. The new guidance provides advice on all areas, from advertising to water supply, and includes new sections on self-build and custom-built homes. It can be found at (www.gov.uk/government/collections/planning-practice-guidance). The aim of the process is to allow improvements to be made to infrastructure while saving what is best for our heritage. More community power has been delegated to make local decisions and councils have had a duty to cooperate with what is imposed upon them. The planning website (the Planning Portal) has been updated and a centralised online application process has been introduced for all local authorities in England (although you can still download a standard planning application in paper format and send it to your planning department by post if you prefer).
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The National Planning Policy Framework sets out the planning policies and states how the policies are to be applied. The Framework provides guidance for local planning authorities and decision-takers, both in drawing up plans and making decisions about planning applications. There are no specific policies for nationally significant infrastructure projects in the Framework, as these are determined by the Secretary of State on a case-by-case basis. The Framework is the result of extensive consultation and is based upon the presumption in favour of sustainable development.
New permitted development rights were introduced in 2015 to make it easier for businesses to make the best use of their premises, to deliver more homes and to continue to allow larger home and business extensions for a further three-year period until 30 May 2019 (subject to neighbour consultation).
Although the Regulations themselves are comparatively short, they rely on their technical detail being available in a series of Approved Documents and a vast number of British, European and International standards, codes of practice, drafts for development, published documents and other non-statuary guidance documents. The main problem, from the point of view of the average builder and DIY enthusiast, is that the Building Regulations are far too professional for their purposes and, because they cover every aspect of building, they are often far too detailed and contain too many options. All the builder or DIY person really requires is sufficient information to enable them to comply with the Regulations in the simplest and most cost-effective manner.
Building inspectors, acting on behalf of local authorities, are primarily concerned with whether a building complies with the requirements of the Building Regulations and, to assess this, they need to ‘see the calculations’. But how can the DIY enthusiast or builder obtain these calculations? Where can they find, for instance, the policy and requirements for the load-bearing elements of a structure?
Builders, through experience, are normally aware of the overall requirements for building projects such as laying drains, building walls or installing central heating or glazing. However, they still need a reminder when they come across a different situation for the first time (e.g. how deep will the foundations need to be if they are going to construct a building on soft soil?).
On the other hand, the DIY enthusiast or homeowner, keen to build an extension, conservatory, garage or workshop needs the relevant information in a format that he can easily understand without having had the advantage of many years of experience. In fact, what he really needs is a rule-of-thumb guide to the basic requirements.
We know from surveys that the majority of builders and virtually all DIY enthusiasts are self-taught, and most of their knowledge is gained through experience. When they hit a problem, it may be discussed over a drink with friends in the building trade, rather than them seeking professional help. What they really need is a reference book to enable them to understand (or remind themselves of) the official requirements.
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The aim of this book, therefore, is to provide a brief guide that can act as an aide-mémoire to the current requirements of the Building Regulations. Intended readers are primarily builders and the DIY fraternity (who need to know the Regulations but do not require the detail), but the book, with its ready reference and no-nonsense approach, will be equally useful to students, architects, designers, building surveyors and inspectors.
The structure of this book
In essence, this book is in two parts.
The first part (chapters 1 to 5) provides a user-friendly introduction to the Building Act 1984 and its associated Building Regulations. It explains the meaning of the Building Regulations, their current status, requirements, associated documentation and how local authorities and councils view their importance. We also describe the content of the guidance documents (such as in the overview of the key elements of each Approved Document contained in Chapter 3), and provide details of how to get planning permission and how much it will cost. This first part concludes with a series of ‘What if?’ scenarios, providing answers to the most common questions that DIY enthusiasts and builders might ask concerning building projects. For ease of reference this list is alphabetical.
We are particularly proud of the second part, and it is the section about which we get the most comments. It contains Chapter 6, Meeting the requirements of the Building Regulations – Dwellings, and Chapter 7, Meeting the requirements of the Building Regulations – Buildings other than Dwellings. In essence, this part provides a foundations-up approach, detailing all the Regulations relating to specific projects (e.g. building walls). We have developed these chapters extensively over 14 years of writing previous editions of this book.
The chapters in this book are:
Chapter 1 – The Building Act 1984
Chapter 2 – The Building Regulations 2010
Chapter 3 – The requirements of the Building Regulations
Chapter 4 – Planning permission
Chapter 5 – Requirements for planning permission and Building Regulations approval
Chapter 6 – Meeting the requirements of the Building Regulations – Dwellings
Chapter 7 – Meeting the requirements of the Building Regulations – Buildings other than dwellings
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Chapter 6 and 7 are further supported by appendices which cover specific areas in greater detail as entities in their own right, rather than how they apply to a particular project.
Appendix A – Access and facilities for disabled people
Appendix B – Conservation of fuel and power
Appendix C – Sound insulation
Appendix D – Guidance to the requirements of Part P – Electrical safety
All the appendices are available at www.routledge.com/9781138285163
The book concludes with a list of acronyms, a bibliography, useful names and addresses, and a full index.
The following symbols will help you get the most out of this book: In the margins, you will find:
An important requirement or point.
A good idea or suggestion.
Note: Used within the text to provide further amplification or information about the requirements.
Authors’ note: A personal reminder to the reader, advising or recommending them to do something, rather than it being a note relevant to a particular official requirement.
Shaded boxes are used in Chapter 6 and Chapter 7 to show either the full text of the Building Regulation’s legal requirements or a paraphrased version of these requirements.
The current legislation is the Building Regulations 2010. It is made by the Secretary of State for the Environment under powers delegated by Parliament under the Building Act 1984. These Regulations have replaced all former Regulations and Statutory Instruments. This book is based on these regulations and as such contains public sector information licensed under the Open Government Licence v3.0.
The Building Act 1984
The Secretary of State ensures that the health, welfare and convenience of persons living or working in (or near) buildings is secured through the Building Act 1984. One of the Act’s prime purposes is to assist in the conservation of fuel and power, and to prevent waste, undue consumption and the misuse and contamination of water.
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Figure P.1
The Act imposes on owners and occupiers a set of requirements concerning the design and construction of buildings, and the provision of services, fittings and equipment used in, or in connection with, those buildings.
The Building Act 1984 does not apply to Scotland or to Northern Ireland (see Chapter 1 for details of Scottish and Northern Irish legislation and Building Regulations).
The Building Act 1984 has five parts:
Part 1 – The Building Regulations
Part 2 – Supervision of building work etc. other than by a local authority
Part 3 – Other provisions about buildings
Part 4 – General
Part 5 – Supplementary
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Part 5 then contains seven schedules, the prime function of which is to list the principal areas requiring regulation and to show how the Building Regulations are to be controlled by local authorities. These schedules are:
Schedule 1 – Building Regulations
Schedule 2 – Relaxation of Building Regulations
Schedule 3 – Inner London
Schedule 4 – Provisions consequential upon public body’s notice
Schedule 5 – Transitional provisions
Schedule 6 – Consequential amendments
Schedule 7 – Repeals
Schedule 1 is the most important (from the point of view of builders) as it shows, in general terms, how the Building Regulations are to be administered by local authorities, the approved methods of construction and the approved types of materials that are to be used in, or in connection with, buildings.
Regulation 7 of the Building Act 1984 covers materials and workmanship and states that building work shall be carried out:
(a) with adequate and proper materials, which:
(i) are appropriate for the circumstances in which they are used,
(ii) are adequately mixed or prepared, and
(iii) are applied, used or fixed so as adequately to perform the functions for which they are designed; and
(b) in a workmanlike manner.
The Building Regulations
Building Regulations 2010 (SI 2010/2214) form Schedule 1 of the Building Act and are a set of minimum requirements and basic performance standards designed to secure the health, safety and welfare of people in and around buildings. They include provisions to conserve fuel and power, and to provide access to the building. The Building Regulations describe the mandatory requirements for completing all building work. They are legal requirements laid down by Parliament and are based on the Building Act 1984.
The acceptable levels of safety and standards are set out as guidance in Approved Documents, which are discussed below. Compliance with the detailed guidance of the Approved Documents is usually considered evidence that the Building Regulations themselves have been complied with.
Approved Documents
The Building Regulations are supported by separate documents which correspond to the different areas covered by the Regulations. These Approved Documents contain practical and technical guidance on ways in which the requirements of Schedule 1 and Regulation 7 of the Building Act 1984 can be met.
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Each Approved Document reproduces the actual Requirements contained in the Building Regulations relevant to the subject area. These are then followed by practical and technical guidance (with examples) showing how the requirements can be met in some common building situations. There may, however, be alternative ways of complying with the requirements to those shown in the Approved Documents, and you are, therefore, under no obligation to adopt any particular solution contained in an Approved Document if you prefer to meet the requirement(s) in another way.
If you intend to carry out building work you should always check with the Building Control Body, either the local authority or an Approved Inspector, that your proposals comply with Building Regulations.
The current set of Approved Documents are in 15 parts, A to R (less I, N and O) and consist of:
A Structure
B Fire safety
C Site preparation and resistance to contaminants and moisture
D Toxic substances
E Resistance to the passage of sound
F Ventilation
G Sanitation, hot water safety and water efficiency
H Drainage and waste disposal
J Combustion appliances and fuel storage systems
K Protection from falling, collision and impact
L Conservation of fuel and power
M Access to and use of buildings
P Electrical safety – dwellings
Q Security – dwellings)
R Physical infrastructure for high-speed electronic communications networks
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In accordance with Regulation 8 of the Building Regulations, the requirements in parts A to D and F to K (except for paragraphs G2 and J6) of Schedule 1 to the Building Regulations do not require anything to be done except for the purpose of securing reasonable standards of health and safety for persons in or about buildings (and any others who may be affected by buildings or matters connected with buildings).
Notes:
(1) Paragraphs H2 and J6 are excluded from Regulation 8 because they deal directly with the prevention of contamination of water.
(2) Parts E and M (which deal, respectively, with resistance to the passage of sound, and access to and use of buildings) are excluded from Regulation 8 because they address the welfare and convenience of building users.
(3) Part L is excluded from Regulation 8 because it addresses the conservation of fuel and power.
Planning permission
Planning permission is the single biggest hurdle for anyone who has acquired land on which to build a house, or wants to extend or carry out other building work on a property. Since 2014 the government has undertaken a process of streamlining planning practice guidance to make it accessible and relevant to the current times. The majority of applications are now made using the Planning Portal’s online system, although you can still make a paper application if you wish. There is never a guarantee that permission will be given and, without that permission, no project can start. In 2016 about half a million planning applications were made and 88 percent of them were approved. National statistics on the number of planning applications made and permissions granted in England can be found at www.gov.uk/government/collections/planning-applications-statistics.
The purpose of the planning system is to protect the environment as well as public amenities and facilities. It is not designed to protect the interests of one person over another. Within the framework of legislation approved by Parliament, councils are tasked to allow development where it is needed, while ensuring that the character and amenity of the area are not adversely affected by new buildings or changes in the use of existing buildings and/or land.
Provided that the work you are completing does not affect the external appearance of the building, you are allowed to make certain changes to your home without having to apply to the local council for permission. These are called permitted development rights. A homeowner’s guide to these rights were produced in April 2016 by the Department for Communities and Local Government and the details are contained in Chapter 4. However, you will still find that much building work will probably require planning permission – so be warned!
The actual details of planning requirements are complex but, for most domestic developments, the planning authority is only really concerned with construction work such as an extension to a house (e.g. a conservatory) or the provision of a new garage or new outbuildings. Structures such as walls, fences and decking also need to be considered because their height or siting might infringe the rights of neighbours and other members of the community. The planning authority will also want to approve any change of use, such as converting a house into flats or running a business from premises previously occupied as a dwelling only.
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Main changes in this new edition of Building Regulations in Brief
For this new edition, we have incorporated the amendments to Building Regulations 2010 up to June 2017. We include details of initiatives introduced to speed up the planning process and the consequential changes to the planning regulations as a result. As the technical guidance relating to planning permission has been substantially reduced and much more guidance is available on the Planning Portal, we have included all the information we think will be useful to our readers. Changes to permitted development rights have also been included, as well as information on the Community Right to Build Order, which allows certain community organisations to put forward smaller-scale developments on a specific site without the need for planning permission.
There has been a simplification of the definition of ‘room for residential purposes’ in Regulation 2 of the Building Regulations 2010 which applies to all the Approved Documents, and the reader’s attention is drawn to the Changes to Materials and Workmanship in 2014 (incorporated in the last edition of our book), which required consequential changes in all Approved Documents.
The main changes to these Approved Documents (and dates they came into effect) are as set out below.
Approved Document A: 2013
• References to British Standard design standards.
• Guidance on disproportionate collapse.
• Wind maps.
• Guidance on strip footings.
Approved Document B(V2): 2013
• Table 11 (Limitations applied to thermoplastic rooflights and lighting diffusers in suspended ceilings and Class 3 plastic rooflights) has been changed to incorporate more flexible guidance for small diffusers and rooflights.
• Appendix A (Performance of materials, products and structures) includes new guidance on the standard substrates set out in BS EN 13238 Reaction to fire tests for building products – conditioning procedures and general rules for the selection of standard substrates.
Approved Document C: 2004 and 2013
• Guidance on radon protective measures.
• References to British Standards design standards.
• Contaminated land guidance, including removal of Annex A.
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Approved Document E: 2015
• An update of the reference to standards for schools (applies only to England from 6 April 2015 and Wales from 2016).
Approved Document G: 2015 and 2016
• Introduction of an optional requirement for more stringent water efficiency in Regulation 36 (G2).
• Inclusion of the water efficiency calculator methodology into this Approved Document, with minor alterations resulting from European efficiency labelling and consequential amendments resulting from removal of references to the Code for Sustainable Homes (Appendix A).
• 2016 change to G2, requiring the water efficiency calculator to be completed for new dwellings where a shower will not be provided.
• Introduction of a fittings approach as an alternative to using the water efficiency calculator (G2).
• The annex listing the relevant competent person self-certification schemes has been deleted.
Approved Document H: 2015
• Additional guidance on solid waste storage in H6 and reference updated.
• Consequential amendment of limits of application of requirement H3 due to amendment of Approved Document M.
Approved Document N: withdrawn 2013
• Safety in relation to impact, opening and cleaning glazing was removed and placed into Approved Document K, along with some overlapping guidance that resided in Approved Document M (Access to and use of buildings).
Approved Document L: 2016
• Changes reflect alterations to the Regulations, principally withdrawal of Regulations 29 to 33 of the Building Regulations 2010 and their replacement by Regulation 7A of the Energy Performance of Buildings (England and Wales) Regulations 2012.
• Changes in wording of Regulations 24, 25, 26, 26A, 27 and 27A of the Building Regulations 2010.
• Introduction of doorset energy ratings.
• The notional building used to determine carbon dioxide targets is the same size and shape as the actual building, constructed to a concurrent specification.
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• Approved Document L: 2013 specifications have been strengthened to deliver 9 percent carbon dioxide savings across the new non-domestic building mix relative to Approved Document L: 2010.
• A wider set of notional buildings has now been defined for top-lit, side-lit (heated only) and side-lit (heated and cooled) buildings.
• The notional building air permeability has been further subdivided by size.
• A summary of the Approved Document L: 2013 notional buildings is published at Table 5 in the Approved Document with the full detail in the National Calculation Methodology (NCM) modelling guide. If the actual building is constructed entirely to the notional building specifications it will meet the carbon dioxide targets and the limiting fabric and buildings services parameters. Developers are, however, free to vary the specification, provided the same overall level of carbon dioxide emissions is achieved or bettered.
• The amendments made in December 2012, requiring the feasibility of high-efficiency alternative systems to be taken into account before construction commences, have been incorporated.
• The document is in a new format and an index has been introduced.
Approved Document M: 2015 and 2016
• Approved Document M has been split into two parts:
Volume 1: Dwellings
Volume 2: Buildings other than dwellings.
• Requirement M4 Sanitary conveniences in dwellings has been replaced by new requirements:
M4(1) Category 1: Visitable dwellings
M4(2) Category 2: Accessible and adaptable dwellings
M4(3) Category 3: Wheelchair user dwellings.
• Regulation M4(1) is mandatory for all new dwellings unless one of the optional requirements M4(2) or M4(3) applies.
Approved Document Q: 2016
• A new Approved Document Q: Security was introduced in 2016.
Approved Document R: 2016
• A new Approved Document R: Physical infrastructure for high-speed electronic communications networks was introduced in 2016 and came into force in January 2017.