# The Building (Amendment) Regulations (Northern Ireland) 2016, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations amend the Building Regulations (Northern Ireland) 2012 (as amended) (the principal Regulations) and they come into operation on 28th November 2016. The regulations transpose Article 8 and provide definitions from Article 2 of Directive 2014/61/EU of the European Parliament and of the Council of 15 May 2014 on measures to reduce the cost of deploying high-speed electronic communications networks. These regulations also clarify Articles 3, 4 and 9 of Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (recast).
These Regulations were notified in draft to the European Commission in accordance with Directive 2015/1535/EU.
These Regulations amend the principal Regulations as follows—
Regulation 5 amends Part A (Interpretation and general) to apply a new Part M (Physical infrastructure for high-speed electronic communications networks) to the erection of buildings and alterations and extensions to buildings. It applies the substantive requirements of Part M to buildings belonging to statutory undertakers and to certain buildings controlled under other legislation which would otherwise be exempt. It amends the table to application to material change of use and introduces a new abbreviation “Mbps”. It also makes matters relating to in-building physical infrastructure a site specific matter in relation to an application for a type approval certificate.
Regulation 6(1) amends regulation 40 in Part F (Conservation of fuel and power) of the principal Regulations. The amendment clarifies that the national calculation methodology approved by the Department must be used and expressed in determining and notifying the carbon dioxide emission rates of buildings.
Regulation 6(2) amends regulation 43B to clarify that it relates to all new buildings owned and occupied by public authorities.
Regulation 7 amends the principal Regulations by inserting the new Part M to apply the requirements of Article 8 of Directive 2014/61/EU. Part M restricts the application of the requirements to building work which is the erection of a building or major renovation works to a building. The Department of Finance has prepared a Technical Booklet giving guidance for the purposes of the Part M requirements.
Regulation 8 updates a reference in relation to Explosives legislation.
Regulation 9 amends Schedule 3 Part A (Giving of notices and deposit of plans) so that provisions for in-building infrastructure are to be shown on plans for the building, and Part C (Particulars to be given with an application for a type approval certificate) so that provisions for in-building physical infrastructure are to be deposited in relation to an application for a type approval certificate.
An impact assessment has not been produced for the changes to Part F as they do not introduce any additional regulatory burdens. A Regulatory Impact Assessment has been prepared along with a Transposition Note for the other changes. Copies may be downloaded from www.legislation.gov.uk. Alternatively, copies of these documents may be requested from Building Standards Branch, Department of Finance, 3rd Floor, Northland House, 3-5a Frederick Street, Belfast BT1 2NR. Copies of the guidance document Technical Booklet M (Physical infrastructure for high-speed electronic communications) may be obtained from the Department’s website; www.finance-ni.gov.uk/topics/building-regulations-and-energy-efficiency-buildings.

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Source: https://www.legislation.gov.uk/nisr/2016/412/note (the official version)
Page: https://openlegislation.uk/building-amendment-regulations-northern-ireland-2016/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.