{
  "url": "https://openlegislation.uk/building-regulations-northern-ireland-2012/regulation-8",
  "json_url": "https://openlegislation.uk/building-regulations-northern-ireland-2012/regulation-8.json",
  "legislation": "nisr/2012/192",
  "legislation_title": "The Building Regulations (Northern Ireland) 2012",
  "legislation_url": "https://openlegislation.uk/building-regulations-northern-ireland-2012",
  "path": "regulation/8",
  "kind": "regulation",
  "number": "8",
  "heading": "Application to material change of use",
  "text": "(1) For the purposes of these regulations a change in the purposes for which or the circumstances in which a building, or part of a building, is used shall only be regarded as a material change of use if after that change any one of the following cases applies—\nCase I\nthe building is used as a dwellinghouse, where immediately prior to the change it was not;\nCase II\nthe building contains a flat, where immediately prior to the change it did not;\nCase III\nthe building is used as a hotel or boarding house, where immediately prior to the change it was not;\nCase IV\nthe building is used as an institution, where immediately prior to the change it was not;\nCase V\nthe building is used as a place of assembly or recreation, where immediately prior to the change it was not;\nCase VI\nthe building is used as a shop, where immediately prior to the change it was not;\nCase VII\nthe building is used as an office, where immediately prior to the change it was not;\nCase VIII\nthe building is used as a store, where immediately prior to the change it was not;\nCase IX\nthe building, which contains at least one dwelling, contains a greater or lesser number of dwellings than it did immediately prior to the change;\nCase X\nthe building contains a room for residential purposes, where immediately prior to the change it did not;\nCase XI\nthe building, which contains at least one room for residential purposes, contains a greater or lesser number of such rooms than it did immediately prior to the change;\nCase XII\nthe building, by virtue of its change of use, is not an exempted building where immediately prior to the change it was.\n(2) Where there is a material change of use to the whole or part of a building the provisions of the regulations set out in the Table to this regulation shall apply.\n(3) Where a material change of use neither involves nor is accompanied by an alteration or extension, the provisions referred to in the Table to this regulation shall apply to the building or part of the building in which the change of use occurs as if it were a new building identical to the building as it exists and to be used for the same purpose or purposes as the building will have after the change of use.\n(4) Where a material change of use involves or is accompanied by an alteration or extension—\n(a) the provisions referred to in the Table to this regulation (other than regulation 6) shall apply to the building or part of the building in which the change of use occurs as if it were part of a new building identical to the building as altered or extended and to be used for the same purpose or purposes as that building will have after the change of use; and\n(b) the application of regulation 7 by paragraph (2) shall apply any requirements of that regulation which are additional to those directly applied by the Table to this regulation.\n(5) Where a change of use will result in an exempted building being put to a use as described in Cases I to XI, the provisions of those regulations applicable to Case XII shall apply in precedence to those of Cases I to XI.\nTable to Regulation 8 (Application to material change of use)\nPart\nCases\nI\nII\nIII\nIV\nV\nVI\nVII\nVIII\nIX\nX\nXI\nXII\nA\nInterpretation and general\n*\n*\n*\n*\n*\n*\n*\n*\n*\n*\n*\n*\nB\nMaterials and workmanship\n*1\n*1\n–\n*1\n–\n–\n–\n–\n*1\n*1\n*1\n*\nC\nSite preparation and resistance to contaminants and moisture\n*2\n*2\n*2\n*2\n*2\n*2\n*2\n*2\n*2\n*2\n*2\n*2\nD\nStructure\n*3\n*3\n*3\n*3\n*3\n*3\n*3\n*3\n*3\n*3\n*3\n*\nE\nFire safety\n*4\n*\n*5\n*\n*5\n*5\n*5\n*5\n*\n*6\n*6\n*\nF\nConservation of fuel and power\n*7\n*7\n*7\n*7\n*7\n*7\n*7\n*7\n*7\n*7\n*7\n*7\nG\nResistance to the passage of sound\n*8\n*9\n*9\n–\n*10\n–\n–\n–\n*9\n*9\n*9\n*\nH\nStairs, ramps, guarding and protection from impact\n–\n–\n–\n–\n–\n–\n–\n–\n–\n–\n–\n*\nJ\nSolid waste in buildings\n*\n*\n*\n*\n*\n–\n–\n–\n*\n*\n*\n*\nK\nVentilation\n*\n*\n*\n*\n*\n–\n–\n–\n*\n*\n*\n*\nL\nCombustion appliances and fuel storage systems\n*11\n*11\n*11\n*11\n*11\n–\n–\n–\n*11\n–\n–-\n*11\nM\nPhysical infrastructure for high-speed electronic communications networks\n–\n–\n–\n–\n–\n–\n–\n–\n–\n–\n–\n–\nN\nDrainage\n–\n–\n–\n–\n–\n–\n–\n–\n–\n–\n–\n–\nP\nSanitary appliances, unvented hot water storage systems and reducing the risk of scalding\n*12\n*12\n*12\n*12\n*12\n–\n–\n–\n*12\n*12\n*12\n*12\nR\nAccess to and use of buildings\n–\n–\n*13\n*13\n*13\n*13\n–\n–\n–\n–\n–\n*\nV\nGlazing\n*\n*\n–\n–\n–\n–\n–\n–\n*\n–\n–\n–\nNotes to Table to Regulation 8 (Application to material change of use) * Denotes Parts which apply. – Denotes Parts which do not apply. 1Regulation 23(2) only in Part B . In Cases X and X1 where the building created is a hostel, hotel or boarding house, all of Part B shall not apply. 2 All regulations except regulation 27 in Part C.3Part D shall apply to those parts of the building affected by any increase in imposed loading resulting from the change of use. 4 All regulations except regulation 37A and 37B in Part E.5 All regulations except regulation 37B in Part E.6 Regulation 37B in Part E in relation to halls of residence buildings only.7 Regulation 39 only in Part F.8 Regulations 49 and 50 only in Part G.9 Regulations 49, 50 and 51 only in Part G.10Regulation 52 in Part G in relation to school buildings only.11Regulations 70, 71 and 73 only in Part L.12 All regulations except regulation 88 in Part P.13 In the application of Part R—\n(a) when satisfying the reasonable provision requirements for access and that access is by means of stairs and/or ramps, such stairs and/or ramps shall also satisfy the relevant requirements of Part H;\n(b) where the change of use is only to part of a building—\n(i) Part R shall apply to that part and any sanitary accommodation provided in or in connection with that part; and\n(ii) access to that part shall be provided by making reasonable provision for either independent access or suitable access through the building.",
  "extent": "N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Reg. 8 Table substituted (6.5.2025) by The Building (Amendment) Regulations (Northern Ireland) 2024 (S.R. 2024/191), regs. 1, 5 (with reg. 3)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/nisr/2012/192/regulation/8",
    "retrieved_at": "2026-10-29T01:15:53.727465+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}