OpenLegislation

Regulation 3 Amendments to regulation 2I1

England and Wales

In regulation 2(1) (interpretation) of the 2010 Regulations—

(a)

in the appropriate places insert—

  • ““application for building control approval with full plans” means an application for building control approvalf1 in accordance with regulations 12(2)(b) and 14;”;

  • ““application for a completion certificate” in relation to a higher-risk building work, has the same meaning as “completion certificate application” in regulation 2 of the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023;”;

  • ““business” means a trade, business or other undertaking (whether for profit or not);”

  • ““client” means any person for whom a project is carried out;”

  • ““construction phase” means the period beginning when any building work on a project starts and ending when that project is completed;”

  • ““contractor” means any person (including a client, but not a domestic client) who, in the course of a business, carries out, manages or controls any building work;”

  • ““design work” means design of any building work;”

  • ““designer” means any person (including a client, contractor or other person referred to in Part 2A of these Regulations) who in the course of a business—

    1. (a)

      carries out any design work, or

    2. (b)

      arranges for, or instructs, any person under their control to do so;”

  • ““domestic client” means a client for whom a project is being carried out which is not in the course or furtherance of a business of that client;”

  • ““principal contractor” means the contractor appointed under regulation 11D (principal designer and principal contractor) to perform the duties of a principal contractor under these Regulations;”

  • ““principal designer” means the designer appointed under regulation 11D (principal designer and principal contractor) to perform the duties of a principal designer under these Regulations;”

  • ““project” means a project which includes or is intended to include any building work and includes all planning work, design work, management or other work involved in a project until the end of the construction phase;”

  • ““recipient”, in relation to a compliance notice or a stop notice, means the person to whom the notice will be or has been given;”

  • ““relevant authority” means—

    1. (a)

      in cases where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), the regulatorf2;

    2. (b)

      in any other case, the local authority for the area in which the building is situated or the proposed building is to be situated;”

  • ““relevant day” means any day excluding Christmas Day, Good Friday or a day which is a bank holiday in England and Wales under section 1 of the Banking and Financial Dealings Act 1971;”

  • ““sole contractor” means a person fulfilling the duties of the principal contractor by virtue of regulation 11D(6);”

  • ““sole or lead designer” means a person fulfilling the duties of the principal designer by virtue of regulation 11D(7);”;

(b)

for definition of “building” substitute—

  • ““building”—

    1. (a)

      in the application of any provision of these Regulations to the construction of a higher-risk building, has the meaning given in regulation 4 of the Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations 2023f3;

    2. (b)

      in any other case, means any permanent or temporary building but not any other kind of structure or erection, and a reference to a building includes a reference to part of a building;”;

(c)

omit the definition of “full plans”.

Annotations

Commencement

I1

Reg. 3 in force at 1.10.2023, see reg. 1(2)

Footnotes

f1

Paragraph 1B of Schedule 1 to the Building Act 1984 (c. 55).

f2

See section 126 of the Building Act 1984 for the definition of “the regulator”.

f3

S.I. 2023/275.