Regulation 44B Exemptions from paragraph R1 of Schedule 1F1

The requirements of paragraph R1 (in-building physical infrastructure for high-speed electronic communications networks) of Schedule 1 do not apply to the following types of building or building work—

(a)

buildings which are—

(i)

listed in accordance with ~~F2section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990~~ section 76 of the Historic Environment (Wales) Act 2023, F3F4or

(ii)

in a conservation area designated in accordance with ~~F5section 69 of that Act~~ section 158 of the Historic Environment (Wales) Act 2023, F6or

(~~iii~~)

~~included in the schedule of monuments maintained under~~ ~~F7section 1 of the Ancient Monuments and Archaeological Areas Act 1979~~ ~~section 3 of the Historic Environment (Wales) Act 2023~~,

where compliance with paragraph R1 of Schedule 1 would unacceptably alter their character or appearance;

(b)

buildings—

(i)

occupied by the Ministry of Defence or the armed forces of the Crown, or

(ii)

otherwise occupied for purposes connected to national security;

(c)

buildings situated in isolated areas where the prospect of high-speed connection is considered too remote to justify equipping the building with high-speed ready in-building physical infrastructure or an access point;

(d)

major renovation works in cases in which the cost of compliance with paragraph R1 of Schedule 1 would be disproportionate to the benefit gained.

Annotations

Textual amendments

F1: Pt. 9A inserted (W. but not in relation to excepted energy buildings) (8.4.2016) by The Building (Amendment) (Wales) Regulations 2016 (S.I. 2016/361), regs. 1(4), 2(4) (with regs. 1(3), 3)
F2: Words in reg. 44B(a)(i) substituted (W.) (4.11.2024) by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 52(a)
F3: Word "or" in reg. 44B(a)(i) omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 11(2)(a) (with reg. 29)
F4: Pt. 9A inserted (with s. 44A(1)(2) and without s. 44B(a)(iii) and word) (E., but only in relation to excepted energy buildings in W.) (9.5.2016) by The Building (Amendment) Regulations 2016 (S.I. 2016/490), regs. 1(4), 2(4) (with regs. 1(3), 3) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]
F5: Words in reg. 44B(a)(ii) substituted (W.) (4.11.2024) by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 52(b)
F6: Reg. 44B(a)(iii) and word "; or" inserted (W. in relation to excepted energy buildings) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 11(2)(b)(c) (with reg. 29)
F7: Words in reg. 44B(a)(iii) substituted (W.) (4.11.2024) by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 52(c)

Notes on Part 9A

Textual amendments

F3: Pt. 9A heading substituted (E.) (26.12.2022) by The Building etc. (Amendment) (England) (No. 2) Regulations 2022 (S.I. 2022/984), reg. 1(4), Sch. para. 4 (with reg. 3)
F4: Pt. 9A heading substituted (W.) (1.7.2025) by The Building etc. (Amendment) (Wales) Regulations 2025 (S.I. 2025/377), regs. 1(3), 4(2)(a) (with reg. 3)