Regulation 5 Meaning of material change of use

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg 5 rev in pt (1.5.2004) by Building 2003 regs 2(1), (4)(a), 3(1)–(4)
reg 5 am (1.5.2004) by Building 2003 regs 2(1), (4)(b), 3(1)–(4)
reg 5 rev in pt (subject to transtl provn(s)) (1.7.2003) by Building 2002 regs 2(1), (3)(a), 3
reg 5 am (subject to transtl provn(s)) (1.7.2003) by Building 2002 regs 2(1), (3)(b), 3

For the purposes of paragraph 8(1)(e) of Schedule 1 to the Act and for the purposes of these Regulations, there is a material change of use where there is a change in the purposes for which or the circumstances in which a building is used, so that after that change—

(a)

the building is used as a dwelling, where previously it was not;

(b)

the building contains a flat, where previously it did not;

(c)

the building is used as an hotel or a boarding house, where previously it was not;

(d)

the building is used as an institution, where previously it was not;

(e)

the building is used as a public building, where previously it was not;

(f)

the building is not a building described in Classes I to VI in Schedule 2, where previously it was; or

(g)

the building, which contains at least one dwelling, contains a greater or lesser number of dwellings than it did previously.