Building Regulation Changes

This Advisory Note covers Changes to the Building Regulations in the last Five years.

The summary under each heading lists changes since the last update of the regulation [or in the last 5 yrs] so that this will flag up what changes need to be made to projects where drawings have been issued but a Building Reulation Appication has not been registered [and accepted] as the Client was not ready to produce Stage 4 drawing; Go Out to Tender or Commence Sage 5 works on site at the time our drawings were issued.

An email was sent to all Clients and contractors with live projects which were on hold, or had not been constructed at the time significant changes to Part B and L were published, in December 2022, where Stage 4 drawings had already been issued before this notification came through.

This will still apply to client going forward who take some time to commence prjects after our Stage 4 drawings are issued.

There are severl reasons for updated regulations and the need to update drawings to suit these:- 1) the Government regularly make changes to and update the regulations and law; 2) We are now living in a Post Grenfell era; 3) Introduction of the builsing Safety Act.

In 2022 we saw some major changes to rgulations and updates to many of the regulations Approved Documents, These changes are partly as a result of the Hackett report post Grenfell and partly to rectify issues that have been highlighted in the construction industry and need to be addressed, and partly to bring Domestic and Commercial thermal and ventilation requirements back into alignment, as well as moving targets on towards the Governments net 0 targets and a greener future.

Staff at BPA have attended three one day courses between June 2022 and end Nov 2022 to discuss Part L, Part F, Building Safety Act, CDM Regs and Sustainability changes made and changes that are in the process of being enacted. However, Architects and Building Control Officers are still getting heads around changes being implemented.....The Building safety Act came into effect in October 2023, and the results of this will come into force in April 2024.

Thermal Overheating and Infrastructure Changes are backed with a £6.6m direct investment into improving energy efficiency in buildings. They mark an important step in the Country’s journey towards a cleaner, greener built environment. They support a target to reduce carbon emissions to zero by 2050. Most of the updates are part of the initial stages in the Government’s Future Homes Standards and Future Building Standards planned for 2025. Heating and Power make up 40% of the UK’s total energy use. The new regulations include new standards to reduce carbon emissions and overall energy use during home improvements.

Key Dates

The Key dates for a project in Building Regulation terms are signing of the Initial Notice and payment of the Application Fee.

Work must not start on site until 5 Days after the acknowledgement of the Application. Building Control also require time to Plan Check submitted drawings and information before works start on site. For larger projects this takes longer than 5 days, and can take up to three months. For smaller projects we suggest that at least 2-3 weeks is allowed for Plan Checking to take place.

In Planning Terms the key date is the Date of Approval, for the application to be implemented the foundations need to be dug, or other 'physical' builidng works commenced before the expiry of the 3yr from the approval if it has not been implemented.

In Building Regs: terms it is the date that the Building Regulation Application Initial Notice is submitted, and accepted that it the Key date at which Buidling Regulations are utilised. If a Building Regulation has not been submitted and plan checked, then the Key date will not be set in stone.

Changes to the Regulations

Dates have been indicated to show those that have been updated in the last 5 years and pending changes.{reg changes, since 2017 are highlighted,]

We have some Clients who are reinstating a lapsed Planning Approval, or proceeding with an Approval implemented but not built out.

Part A- Structure 2004, 2010, 2013

Part B1- Fire Safety for Dwellings

July 2019 Valid 30 August 2019 , May 2020 , 1 Dec 2022 [England]

Part B2 -Fire Safety Other Buildings

July 2019 Valid 30 August 2019 , May 2020 , 1 Dec 2022 [England]

  • Transition period 15 June to 15 June 2023 from initial notice to Start on site. Start [meaningful start is foundations not trial pits or ground investigations]
  • Updates to classifications of fire for materials to 2019 BS version Combustible materials need to meet these updated standards
  • There is now a total ban on relevant metal composite cladding to external walls to any building of any height. [ie with an unmodified core known as MCM PE]
  • Solar shading devices are now defined as specified attachments, various criteria come into play above 4.5m height
  • The definition for relevant buildings now includes hostels, hotels and boarding houses , in addition to previous ban to blocks of flats, hospitals, student accommodation, and dorm to boarding schools
  • The height definition for HRB buildings has been reduced from 18m to 11m
Part C - Site Preparation and Resistance to Contaminants and Moisture 2013

Part D - Toxic Substances 2013, reprinted 2015

This relates to pumped cavity wall insultation containing foam – We would never specify this.

We also do not specify pumped polystyrene beads, as these when tested have caused sweating in the cavity

There are recommended types of pumped retrofit cavity insulation on the market

Part E - Resistance to the Passage of Sound 2004, 2010, 2013, 2015

Applicable to Dwellings and Schools

Part F1 - Ventilation Dwellings Dec 2021 valid 15 June 2022

  • Building Air quality guidance
  • Building ventilation requirements
  • Mechanical Extract Ventilation provided in Wet Area :- Bathroom, Shower, Utility, Kitchen either Intemitent or continuous, The rates are lower for continuous ventilation [and fans less noisy]
  • Background Ventilation via Trickle vents or Other Means
  • Purge Ventilation by Openable Windows
  • Rates of Ventilation have been adjusted

In Dwellings ventilation must be circulated continuously through the whole building, and extract ventilation provided in areas of increased humidity or pollution.

With increased insulation, and air tightness requirements, dwellings no longer leak at junctions, and so ventilation is introduced in a CONTROLLED manner.

In Dwellings Trickle ventilation now MUST be provided [including replacement windows in existing dwellings] unless air bricks or a whole house ventilation system with heat recovery is installed

The uplift to part F is intended to make it easier for Self Builders and renovators to understand the impact of ventilation in a home.

The Primary requirement for renovators and extenders is that when energy efficiency work is done in existing homes, the ventilation must not be made worse, in line with existing measures for controlled services and fittings.

Mandated checklists will now make it easier to install mechanical ventilation products – both in new and existing homes and will come with guidance on wy ventilation is essential.

Where Clients do not want to install Trickle Vents in windows, there are products on the market that we can specify that provide simple whole house ventilation. There are also products we can specify that add in Heat recovery to the ventilation system to provide added payback.

Part F2 - Ventilation Other Buildings Dec 2021
  • Continuous circulation of air
  • Air Conditioning Systems amended
  • Minimising risk of any airbourne illnesses
Part G - Sanitation, Hot Water Safety and Water Efficiency 2016

Part H - Drainage and Waste Disposal 2015

 

Part J - Combustion Appliances and Fuel Storage 2010, 2013, 2015, 30 Sept 2022
  • 2015 changes
  • Safe installation of heat producing appliances, boilers, chimneys, flues, fuel storage
  • Safe construction and adequate provision of air
  • Detection of Carbon Monoxide and suitable warning
  • Protection against pollution, and control of ventilation
  • 2022 changes
  • Guidance added to G3 in relation to carbon monoxide alarms where gas and oil burning appliances are present
Part K - Protection from Falling, Collision and Impact 2013
  • Protection from Falling: Dwellings greater than 600mm
  • Protection from Falling: Other Buildings & Common Areas of Flats - Greater than 2 or more risers
  • Protection from Falling: Other Buildings & Common Areas of Flats - greater than 300mm to the side of a ramp
  • Safety measures to Stairs and Steps and Ramps and Ladders
  • Position of Balusters, vehicle barriers windows and skylights to avoid injury
  • Manifestation of glass
  • Location of doors to avoid trapping
Part L1 - Conservation of Fuel and Power [Thermal Performance - Dwellings June 2022 - Feb 2023 update

  • June 2022
  • Part L1A has not been reprinted, just a summary of changes
  • Transition period 15 June 2022 to 15 June 2023 - not applicable to Building Notice apps Considerable building work or completion will need to be in effect at 15 June 2023 for buildings to comply with the older regs
  • There is no longer and L1A and L1B the documents have merged
  • New SAP Tool SAP 10 to be used
  • Self Builders must conduct on site audits to confirm that the design details are properly constructed. Photographs must be taken as evidence
  • U values have been increased
  • There are new regulations to discourage thermal bridging
  • For existing homes , minimum new fabric efficiency standards now apply if you want to install new or replacement thermal elements to your home, including new windows and doors. This creates a tightening of U values
  • New regulations in place for the amount of glazing introduced into extensions, improvements to lighting design
  • New low flow temperature requirements for heating systems. The max flow temperatures in a central heating system is now 55oC which was previously 75oC
  • Heat gains and losses
  • Air permeability and pressure testing
  • Boiler productivity
  • Lighting
  • Storage tequniques for hot water
  • Carbon index ratings - Solar emissions, heating and ventilation systems, space heating controls, air conditioning and fuel and power systems From 15 June all new build homes need to reduce carbon emissions by at least 31% whilst all new non domestic buildings will need to reduce carbon emissions by at least 27%
  • Feb 2023
  • Dwelling emission rates clarified
  • 6.20 connection to District heating networks and their C02 emissions

New Dwellings need to comply with SAP,- We will obtain a quote from Energy Assessors we work with for SAP, EPC and Air Testing for all new dwellings we design

You MUST NOT construct anything othr than is on the Stage 4 drawings. Where you want to vary the design, then we and other designers would need to change our drawings so that you are building a compliant design. the government have brought this into effect because of the Building Safety Act and Energy Compliance requirements.

Builders /including Self Builders, now need to provide a report showing Photographic evidence of ALL building junctions, to prove that they have been constructed in accordance with drawings and the regulations.

To fully fill a cavity wall with insulation now means a higher performing full fill insulation and 125 to 150mm thick cavity which increases the foundation width, cavity ties as well as insulation.

To use a high performance board. It is possible to achieve the 0.18 with a 90mm board and 10mm residual cavity.

To Insulate between rafters now also requires a higher performance Stone Wool or Rigid board – no chance with mineral wall [this is now only suitable for acoustic internal insulation]

ALL new dwellings now require an air test [there used to be the ability to test one of the same, this no longer applies]

Where a site involces multiple buildings or dwellings, then the Transition period and physical start will only apply to those buildings that have made a physical start by 15 June 2023 and not the entire development.

Part L2 - Conservation of Fuel and Power - Other Buildings June 2022 , Feb 2023
  • Part L1B has not been reprinted, just a summary of changes
  • U Vaues to meet Carbon target by 2050
  • Carbon index ratings - Solar emissions, heating and ventilation systems, space heating controls, air conditioning and fuel and power systems From 15 June all new non domestic buildings will need to reduce carbon emissions by at least 27%
  • Feb 2023
  • Emission rates clarified for buildings connected to District heating networks

A response to Part L would be dealt with for Other buildings as part of a Full Service appointment.

Part M1 - Dwellings 2016

New dwellings would be identified as one of the following

  • Category 1 – Visitable Dwellings
  • Category 2 – Accessible and Adaptable Dwellings
  • Category 3 – Wheelchair User dwellings
Part M2 - other Buildings 2016

Part N - Glazing Safety only applicable in Wales

All elements in Part N were moved to and amalgamated within part K in the remainder of the UK

Part O - Overheating New June 2022
  • Compliance by 1) Simplified Method or 2) Dynamic Thermal Modelling Method
  • Standards are based on whether a house is cross ventilated or not
  • The Standard also includes the max amount of glazing allowed in a single room
  • Overheating improvement requirements
  • Guidance on removing excess heat from residential buildings

This new regulation has been introduced to limit excess solar gain in new and existing homes and remove excess heat

Part P - Electrical Safety 2013
  • Guidance on Electrical Safetry in Dwellings
  • Who can carry out electrical work ‘competent persons’
  • Reduces the range of electrical safety work that is notifiable
  • Installers who are not a registered competent person may now use a registered third party certifier
  • Technical guidance now refers to BS 7671 2008 with 2011 amendments
Part Q - Security 2015
  • Security in new dwellings
  • Introduces measures to avoid unauthorised access
  • Reasonable provision to be carried out where alterations are carried out to any dwelling
  • Reasonable standards for door and windows to resist physical attack
Part R1 -  infrastructure for High Speed Electronic Communications for New Dwellings New 26 Dec 2022

Requirements are introduced for connection to a gigabit capable public electronic communications network. This includes new dwellings formed by a change of use

The significance of this new mandate lies in its aim to prepare all new homes for faster broadband speeds, ensuring that they are future-proofed. As the regulations place new obligations on developers, it is crucial that those involved in building new homes are familiar with the requirements and how to comply with them.

The details that are required are set out in a new Connectivity Plan which must be completed by the client/agent and submitted to the Local Authority with the Initial Notice. As part of the Connectivity Plan agents/clients will also need to submit an accompanying written confirmation from a suitable provider of public electronic communications networks to support their statements in the plan.

Part R2 - infrastructure for High Speed Electronic Communications for Other Buildings new 26 Dec 2022

This new regulation applies to new buildings, and buildings subject to major renovation works. It builds in physical infastructure for high speed electronic communications

Part S - Infrastructure for Charging Electric Vehicles new 15 June 2022 , updated April 2023
  • Future proofing of homes
  • Technical requirements for the installation of charge points for Electric vehicles
  • This applies to new residential buildings and non-residential buildings
  • This also applies to buildings undergoing material change of use to dwellings
  • This also applies to residential and non-residential buildings undergoing major renovation, and mixed use buildings that are either new or under major renovation
  • April 2023 updates
  • republished with missprint corrections

Significantly a £3,600 price cap per charge point will be introduced, which is designed to stop EV charger installation being too expensive.

Regulation 7 - Materials and Workmanship General requirements 2013, 2018

Effect on BPA Drawings Issued

Some of the above changes may mean that Stage 4 drawings issued which have not been implemented yet, would need to be updated to suit the current regulation changes in force at the time of your signed and paid Initial Notice and /or start on site , or issues with completion dates.

You need to be aware that if you have submitted your initial notice, you still need to have made a physical start to the work by June 2023 to still come under older regs where a transition period is in place. Where this is not the case you will be required to retrospectively amend the proposals to suit current regulations, which will mean of review of and updates to the drawings. This will include SAP calculations, SBEM Calculations and the like.

Where Planning Approvals are being renewed because approvals have expired this will also mean updates to Proposals to suit new regs.

The Key compliance date for Building Regulations is the date that the Building Control Application is registered with the authority.

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Other Regulation Compliance Resources

The Building Safety Act

CDM Regulations - Rgulations are due to be updated to coincide with the Building Safety Act circa October 2023
- download
- PDF guide
,
- A Clients Guide to Health and Safety

Planning
- Local Plans
-
The National Planning Policy Framework

The Party Wall Act - download
- PDF guide The party Wall Act

CDM Regulations due around Oct 2023