Explanatory note

These Regulations further amend the Building Regulations 1991 (S.I. 1991/2768) to substitute a revised Regulation 7, which is set out in Regulation 4 of these Regulations. The revised Regulation 7 retains the obligation to carry out building work using materials which are appropriate to the particular circumstances which apply, and for those materials to be used in a workmanlike manner. In addition, it provides that materials used in building work must be adequately mixed or prepared, and that they must be used so as adequately to perform the functions for which they are designed. The revised Regulation 7 no longer refers to forms of product approval: guidance on materials and workmanship is given in the approved document referred to below.

Regulation 3 of these Regulations amends Regulation 2(1) of the Building Regulations 1991 to remove the definitions of “Construction Products Directive”, “European technical approval” and “harmonized standard” in consequence of the revised Regulation 7.

Regulation 5 of these Regulations contains transitional provisions which make provision for the Building Regulations 1991 to continue to apply to any building work where, before 1st April 1999, a building notice, an initial notice, a public body’s notice or an amendment notice has been given to a local authority, or full plans have been deposited with a local authority. All work carried out in accordance with such a notice or plans will be subject to the previous version of Regulation 7, regardless of when the work is carried out and whether or not there are departures from such plans. However, where an initial notice given before 1st April 1999 is amended by an amendment notice given after that date, Regulation 5 provides that new work added to the initial notice will be subject to the revised version of Regulation 7.

As the revised Regulation 7 does not impose any additional costs or give rise to any savings, no Regulatory Impact Assessment has been prepared in relation to these Regulations.

The Secretary of State has approved, under section 6 of the Building Act 1984, a new document containing practical guidance with respect to Regulation 7. The new document, “Approved Document to Support Regulation 7: Materials and Workmanship” (1999 Edition, ISBN 0–11–753482–X, price £4.95), is published by TSO. Copies are available from: TSO Publications Centre, PO Box 276, London, SW8 5DT (telephone orders–0171 873 9090, fax orders–0171 873 8200), and through booksellers.