# The Building Regulations &c. (Amendment) Regulations 2013, Note: Explanatory note

Extent: E+W

(This note is not part of the Regulations)
This statutory instrument has been issued in order to correct defects in two previous instruments, both of which came into force on 9th January 2013: the Building Regulations etc. (Amendment) Regulations 2012 (the “Building Amendment Regulations”); and the Energy Performance of Buildings (England and Wales) Regulations 2012 (the “EPB Regulations”).
The defects which have been corrected are as follows. In the Building Amendment Regulations, firstly the preamble did not cite section 2(2) of the European Communities Act 1972 (“ECA 1972”) as a power under which certain of the provisions were made. This omission meant that certain amendments to the Building Regulations 2010 did not take effect in relation to particular buildings. Secondly there were defects in Schedule 1 (commencement of provisions), in that regulation 37 was not commenced, while regulation 38 was commenced on two different dates (9th January and 6th April 2013) and regulation 17 (for the purpose of new regulation 25B) should have referred to new buildings owned and occupied by public authorities.
In the EPB Regulations, the distinction between “building” and “building unit” created uncertainty as to whether certain requirements regarding energy performance certificates would apply to a building unit, such as a flat in a block of flats.
Regulation 5 introduces a revised table of commencement setting out the dates for the commencement of provisions in the Building Amendment Regulations which take place on and after the date on which these Regulations come into force.
Regulation 6 corrects regulation 41 of the Building Amendment Regulations, which amends the wording of two forms specified in Schedule 1 to the Building (Approved Inspectors etc.) Regulations 2010. In Form 1 (initial notice) and Form 4 (combined initial notice and plans certificate) new wording is substituted for the statement that the inspector is approved for the purposes of Part 2 of the Act in respect of the work to which the initial notice, or combined initial notice, relates.
Regulation 7 substitutes a new version of regulation 34 in the Building Regulations 2010 in reliance on the power in section 2(2) of the ECA 1972.
Regulations 9 and 10 amend the EPB Regulations to clarify that (other than in regulations 9(4) and 11 of the EPB Regulations) “building” includes “building unit” so that duties applying in relation to buildings also apply to building units.

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Source: https://www.legislation.gov.uk/uksi/2013/181/note (the official version)
Page: https://openlegislation.uk/building-regulations-c-amendment-regulations-2013/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.