Regulation 12 Giving of a building notice or an application for building control approvalF16E1
England
This regulation applies to a person who intends to—
carry out building work;
replace or renovate a thermal element in a building to which the energy efficiency requirements apply;
make a change to a building's energy status; or
make a material change of use.
Subject to the following provisions of this regulation, a person to whom this regulation applies shall—
give to the F1relevant authority a building notice in accordance with regulation 13; or
F2give an application for building control approval with full plans to the relevant authority in accordance with regulation 14.
A person intending to carry out building work which includes the erection of a building fronting onto a private street shall F4give an application for building control approval with full plans.
A person intending to carry out building work in relation to which paragraph H4 of Schedule 1 imposes a requirement shall F5give an application for building control approval with full plans.
A person intending to carry out building work is not required to give a building notice or F6an application for building control approval with full plans where the work consists only of work—
described in column 1 of the Table in Schedule 3 if the work is to be carried out by a person described in the corresponding entry in column 2 of that Table;
described in column 1 of the Table in Schedule 3A if the work is to be inspected by a person described in the corresponding entry in column 2 of that Table (a “third party certifier”) who has been appointed by the person intending to carry out the building work before the commencement of that work.
A person intending to carry out building work in relation to which Part P of Schedule 1 imposes a requirement is required to give a building notice or F10an application for building control approval with full plans where the work consists of—
the installation of a new circuit;
the replacement of a consumer unit; or
any addition or alteration to existing circuits in a special location.
Where F11regulation 22 of the Building (Registered Building Control Approvers etc.) (England) Regulations 2024 (local authority powers in relation to partly completed work) applies, the owner shall comply with the requirements of that regulation instead of with this regulation.
Where—
a person proposes to carry out building work which consists of emergency repairs;
it is not practicable to comply with paragraph (2) before commencing the work; and
paragraph (6) does not apply,
the person shall give a building notice to the F12relevant authority as soon as reasonably practicable after commencement of the work.
In this regulation—
“fronting” has the meaning given in section 203(3) of the Highways Act 1980M2; F13...
“private street” has the meaning given in section 203(2) of the Highways Act 1980M3F14... F15; and
“special location” means—
- (a)
within a room containing a bath or shower, the space surrounding a bath tap or shower head, where the space extends—
- (i)
vertically from the finished floor level to—
- (aa)
a height of 2.25 metres; or
- (bb)
the position of the shower head where it is attached to a wall or ceiling at a point higher than 2.25 metres from that level; and
- (ii)
horizontally—
- (aa)
where there is a bath tub or shower tray, from the edge of the bath tub or shower tray to a distance of 0.6 metres; or
- (bb)
where there is no bath tub or shower tray, from the centre point of the shower head where it is attached to the wall or ceiling to a distance of 1.2 metres; or
- (i)
- (b)
a room containing a swimming pool or sauna heater.
- (a)
Annotations
Textual amendments
- F1
Words in reg. 12(2)(a) substituted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 7(2)(b)(i) (with regs. 22-24)
- F2
Words in reg. 12(2)(b) substituted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 7(2)(b)(ii) (with regs. 22-24)
- F3
Words in reg. 12(3) substituted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 7(2)(c) (with regs. 22-24)
- F4
Words in reg. 12(4) substituted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 7(2)(c) (with regs. 22-24)
- F5
Words in reg. 12(5) substituted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 7(2)(c) (with regs. 22-24)
- F6
Words in reg. 12(6) substituted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 7(2)(d) (with regs. 22-24)
- F7
Reg. 12(6)(c) and word "; or" omitted (W.) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 5(1)(a)(ii)(iii) (with reg. 29)
- F8
Reg. 12(6)(c) and word inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 2(3)(a)(ii) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]
- F9
Reg. 12(6A) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 6(a), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]
- F10
Words in reg. 12(6A) substituted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 7(2)(d) (with regs. 22-24)
- F11
Words in reg. 12(7) substituted (E.) (6.4.2024) by The Building (Registered Building Control Approvers etc.) (England) Regulations 2024 (S.I. 2024/110), regs. 1(3), 38(2)
- F12
Words in reg. 12(8) substituted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 7(2)(e) (with regs. 22-24)
- F13
Word in reg. 12(9) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 6(b)(i), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]
- F14
Reg. 12(9): full stop omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 6(b)(ii), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)
- F15
Words in reg. 12(9) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 6(b)(ii), Sch. 1 (with regs. 1(3), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]
- F16
Words in reg. 12 heading substituted (E.) (1.10.2023) by The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 7(2)(a) (with regs. 22-24)
Marginal citations
- M1
- M2
- M3
Section 203(2) was amended by paragraph 45(11) of Schedule 2 to the Planning (Consequential Provisions) Act 1990 (c.11) and Part 5 of Schedule 19 to the Planning and Compensation Act 1991 (c.34).
Extent
- E1
This version of this provision applies to England only; a separate version has been created for Wales only