# The Building Regulations etc. (Amendment) (England) Regulations 2026, Note: Explanatory note


(This note is not part of the Regulations)
These Regulations make the legislative changes needed to implement the Future Homes and Buildings Standards (FHBS). They apply to buildings and building work in England. Those terms are defined in regulation 2(1) of the Building Regulations 2010 (the 2010 Regulations).
Regulation 3 amends the 2010 Regulations.
Paragraph (2) amends the definition of “fixed building services” so that it includes lifts, escalators and moving footways in new buildings otherwise than in individual dwellings and the definition of “microgeneration”, so that it does not apply for the purpose of paragraph L3. Paragraph L3, inserted by regulation 3(9)(c), includes a definition of “microgeneration” for the purposes of paragraph L3.
Paragraphs (3), (4), (5), (7) and (8) amend regulations 6(1)(a), 23, 40, 43 and 44 respectively to reflect the changes made to paragraph L1 in Schedule 1 to the 2010 Regulations.
Paragraph (6) inserts a new regulation 40C to require that where information must be provided to a dwelling owner in relation to a new dwelling, pursuant to regulations 39-40B, it is provided in an appropriate format.
Paragraph (9) amends Part L of Schedule 1 to the 2010 Regulations to make the main legislative changes needed to implement the FHBS in England. Sub-paragraph (a) amends the heading to Part L. Sub-paragraph (b) updates paragraph L1 (requirement L1) so that it includes references to the minimisation of greenhouse gas emissions and a definition of “greenhouse gas”. Sub-paragraph (c) inserts a new functional requirement (requirement L3) for the installation of an on-site renewable electricity system when a dwelling or a building which contains a dwelling is erected, together with limitations on the new requirement.
Regulation 4 amends the Buildings (Registered Building Control Approvers etc.)(England) Regulations 2024 to add a reference to new regulation 40C.
Regulations 5 to 8 provide for transitional arrangements relating, respectively, to building work which is not HRB work or work to an existing HRB (regulation 5); HRB work for which a valid building control approval application for HRB work has been submitted to the regulator (regulation 6); HRB work for which a valid building control approval application for a stage of HRB work has been submitted to the regulator (regulation 7); and work to existing HRB (regulation 8).
Regulation 9 makes transitional provision in relation to some cases to which Schedule 3 (transitional, supplementary and savings provisions) to the Building (Higher-Risk Buildings Procedures) (England) Regulations 2023 applies.
Regulation 10 revokes, subject to savings, transitional arrangements by the Building Regulations & c. (Amendment) (No.2) Regulations 2013 and the Building Regulations etc. (Amendment) (England) Regulations 2021. It also makes transitional arrangements in relation to cases where those savings apply, so that the amendments made by regulations 3 and 4 do not apply.
Regulation 11 provides for review of the regulatory provision made by these Regulations.
A full impact assessment of the effect that this instrument will have on the costs to business is published with an Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.

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Source: https://www.legislation.gov.uk/uksi/2026/335/note (the official version)
Page: https://openlegislation.uk/building-regulations-etc-amendment-england-regulations-2026/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.