1. Building Regulations
2. Building Policy & Legislation
3. Current Legislation
4. Current Legislation - Introduction

Current Legislation - Introduction

There are a number of pieces of legislation that relate to the standards of premises or construction and, depending on the type of premises and whether any building work is being carried out, one or more could apply at any given time.

New or altered premises

The Building Regulations are made under powers provided in the Building Act 1984, and apply in England and Wales. The current edition of the regulations are 'The Building Regulations 2010' and the Building (Approved Inspectors etc.) Regulations 2010 and the majority of building projects are required to comply with them.

Further amendments made to the Building Regulations 2010 and the Building (Approved Inspectors etc) Regulations 2010 are:

• The Building (Amendment) Regulations 2013 (SI 2013/1105), comes into force on 3 July 2013
• The Building Regulations etc (Amendment) 2013 (SI 2013/181), and correction slip, came into force on 5 February 2013 
• The Building Regulations etc (Amendment) 2012 (SI 2012/3119), and correction slip to come into force at various times in 2013
• The Building (Amendment) Regulations 2012(SI 2012/718),
• The Building (Amendment) Regulations 2011(SI 2011/1515), 

The Building Regulations contain definitions, procedures, and what is expected in terms of the technical performance of building work.

For example, they:

• Define what types of building, plumbing, and heating projects amount to 'building work' and make these subject to control under the Building Regulations
• Specify what types of buildings are exempt from control under the Building Regulations
• Set out the notification procedures to follow when starting, carrying out, and completing building work
• Set out the 'requirements' with which the individual aspects of building design and construction must comply in the interests of the health and safety of building users, of energy conservation, and of access to and use of buildings

Checking that the Building Regulations have been complied with is done by Building Control Bodies - either the Building Control department of the local authority or a private sector Approved Inspector. Certain types of building work close to or directly affecting the boundary or party wall of premises may also be covered by the "Party Wall Act" which places obligations on people carrying out work.

Some non-domestic premises may also be subject to requirements in Local Acts.

Existing premises

Existing domestic premises (housing) may well be covered by the Housing Act, enforced typically by the local housing authority. Existing non-domestic premises are also likely to be covered by general fire safety law.  For both, see the Communities and Local Government (CLG) website.

Health and Safety

If you are carrying out, or having construction or building work done, you may need to notify the Health and Safety Executive (HSE) and may have other duties as well under the Construction (Design and Management) Regulations 2007 (CDM 2007). Although a domestic client does not have duties under CDM 2007, those who work for them on construction projects will.