Regulation 5 Meaning of material change of use
For F1F2... 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—
the building is used as a dwelling, where previously it was not;
the building contains a flat, where previously it did not;
the building is used as an hotel or a boarding house, where previously it was not;
the building is used as an institution, where previously it was not;
the building is used as a public building, where previously it was not;
the building is not a building described in classes 1 to 6 in Schedule 2, where previously it was;
the building, which contains at least one dwelling, contains a greater or lesser number of dwellings than it did previously;
the building contains a room for residential purposes, where previously it did not;
the building is a building described in regulation 7(4)(a), where previously it was not.
Annotations
Textual amendments
- F1
Words in reg. 5 omitted (W.) (1.7.2026) by virtue of The Building etc. (Amendment) (No. 2) (Wales) Regulations 2025 (S.I. 2025/1320), regs. 1(2), 15(1) (with reg. 19)
- F2
Words in reg. 5 omitted (E.) (1.10.2023) by virtue of The Building Regulations etc. (Amendment) (England) Regulations 2023 (S.I. 2023/911), regs. 1(2), 17(1) (with regs. 22-24)
- F3
Word in reg. 5 omitted (W.) (13.1.2020) by virtue of The Building (Amendment) (Wales) Regulations 2019 (S.I. 2019/1499), regs. 1(4), 2(4)(a) (with reg. 3)
- F4
Word in reg. 5 omitted (E.) (21.12.2018) by virtue of The Building (Amendment) Regulations 2018 (S.I. 2018/1230), regs. 1(4), 2(4)(a) (with regs. 1(3), 3)
- F5
Reg. 5(k) and word inserted (W.) (13.1.2020) by The Building (Amendment) (Wales) Regulations 2019 (S.I. 2019/1499), regs. 1(4), 2(4)(b) (with reg. 3)
- F6
Reg. 5(k) and word inserted (E.) (21.12.2018) by The Building (Amendment) Regulations 2018 (S.I. 2018/1230), regs. 1(4), 2(4)(b) (with regs. 1(3), 3)