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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—

(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 1 to 6 in Schedule 2, where previously it was;

(g)

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

(h)

the building contains a room for residential purposes, where previously it did not;

(i)

the building, which contains at least one room for residential purposes, contains a greater or lesser number of such rooms than it did previously; F3F4...

(j)

the building is used as a shop, where previously it was not F5F6; or

(k)

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)