# The Building (Amendment) Regulations 2013

S.I. 2013/1105 · made 8 May 2013

These Regulations amend the Building Regulations 2010 (“the 2010 Regulations”).

## Introductory text

Building And Buildings, England And Wales
Made 8th May 2013
Laid before Parliament 13th May 2013
Coming into force 3rd June 2013
The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the environment.
The Secretary of State makes the following Regulations, in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and sections 1 and 8(6) and paragraphs 1, 4, 4A, 7, 8 and 10 of Schedule 1 to the Building Act 1984, having consulted, in accordance with section 14(3) of that Act, the Building Regulations Advisory Committee for England and such other bodies as appear to the Secretary of State to be representative of the interests concerned.

## 1 Citation, commencement, application

(1) These Regulations may be cited as the Building (Amendment) Regulations 2013.
(2) These Regulations shall come into force on 3rd June 2013.
(3) Subject to paragraph (4), these Regulations extend to England and Wales, but do not apply in relation to any building in Wales, other than an excepted energy building.
(4) Regulations 3(2) and 3(3) apply in relation to—
(a) educational buildings and buildings of statutory undertakers in Wales;
(b) Crown buildings in Wales; and
(c) building work carried out or proposed to be carried out by Crown authorities in Wales.

## 2 Interpretation

(1) In these Regulations—
“educational buildings and buildings of statutory undertakers” means buildings which fall within paragraphs (a), (b) or (c) of section 4(1) of the Building Act 1984; and
“excepted energy building” has the meaning given in the Schedule to the Welsh Ministers (Transfer of Functions)(No.2) Order 2009.

## 3 Amendments to the Building Regulations 2010

(1) The Building Regulations 2010 are amended as set out in this regulation.
(2) For regulation 11(3) substitute—
“(3) Sub-sections (1) to (5) of section 8 of the Act (relaxation of building regulations) do not apply to regulations 23(1)(a), 25A, 25B, 26, 29 (apart from regulations 29(4)(e), 29(9A), 29(10), 29(11) and 29(12)) and 29A.”.
(3) In regulation 34(1) before “21” insert “11(3),”.
(4) In column 2 of Schedule 3 (self-certification schemes and exemptions from requirement to give building notice or deposit full plans)—
(a) in paragraph 13—
(i) for “or” where it occurs before “Stroma Certification Limited” substitute “,”; and
(ii) after “Stroma Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales)” insert “or Certsure LLP (in respect of work carried out in England or in relation to excepted energy buildings in Wales)”;
(b) in paragraph 17—
(i) for “or” where it occurs before “Stroma Certification Limited” substitute “,”; and
(ii) after “Stroma Certification Limited” insert “or BRE Global Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales)”;
(c) in paragraph 21—
(i) after “Stroma Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales)” insert “, Certsure LLP (in respect of work carried out in England or in relation to excepted energy buildings in Wales)”;
(d) in paragraph 22—
(i) for “or” where it occurs before “Stroma Certification Limited” substitute “,”; and
(ii) after “Stroma Certification Limited” insert “or British Board of Agrément”;
(e) in paragraph 23—
(i) for “or” where it occurs before “Stroma Certification Limited” substitute “,”; and
(ii) after “Stroma Certification Limited” insert “or British Board of Agrément”;
(f) in paragraph 24—
(i) for “or” where it occurs before “NAPIT Registration Limited” substitute “,”; and
(ii) after “NAPIT Registration Limited” insert “or British Board of Agrément”.

## Signature

Signed by authority of the Secretary of State for Communities and Local Government
Don Foster
Parliamentary Under Secretary of State
Department for Communities and Local Government
8th May 2013

## Explanatory note

(This note is not part of the Regulations)
These Regulations amend the Building Regulations 2010 (“the 2010 Regulations”).
Regulation 3(2) contains a procedural amendment to regulation 11 of the 2010 Regulations. The amendment arises as a consequence of transposition of articles 2, 6, 7, 9 and 11 of the European Parliament and Council Directive 2010/31/EU of 19 May 2010 on the energy performance of buildings (recast). This regulation amends the reference to regulation 29 and adds regulations 23(1)(a), 25A, 25B and 29A to the list of building regulations that cannot be relaxed or dispensed with under sections 8(1) to (5) of the Building Act 1984. The regulation also removes the floor area qualification previously at regulation 11(3)(b).
Regulation 3(4) amends Schedule 3 to the 2010 Regulations by adding bodies to the list of bodies in paragraphs 13, 17, 21, 22, 23 and 24 which are able to register persons authorised under the self certification scheme provided for by regulations 12 and 20 of, and Schedule 3 to the Building Regulations.
A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is published with the Explanatory Memorandum alongside the instrument on www.legislation.gov.uk, and shows a net benefit to business in relation to the amendments made to Schedule 3. The consequential amendment at regulation 11 was covered by Impact Assessment DCLG 105 which accompanies the Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119).

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Source: https://www.legislation.gov.uk/uksi/2013/1105 (the official version)
Page: https://openlegislation.uk/building-amendment-regulations-2013
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

