Building Bye-laws (Jersey)
2007
THE MINISTER
FOR PLANNING AND ENVIRONMENT, in pursuance of Articles 30 and 124 of the Planning
and Building (Jersey) Law 2002 and after publicizing his proposals
and seeking comments and input from the public, orders as follows –
Commencement [see endnotes]
PART 1
GENERAL
1 Interpretation
(1) In
these bye-laws, unless the context otherwise requires –
“basement”
means a storey of a building the floor of which is at any point more than 1.2 m
below the finished surface of the ground adjacent to the building at that
point;
“boundary”
means the boundary of the corpus-fundi upon which a building is built or is
proposed to be built;
“building”
means –
(a) a
permanent or temporary structure with a roof;
(b) a
part of a building;
(c) a
covered area; and
(d) for
the purposes of requirement 1.1 and 1.2, a retaining wall;
“building permit”
means a permit that authorizes work to be carried out for which authority is
required in pursuance of a provision of these bye-laws;
“building work”
means any of the following –
(a) the
erection or extension of a building;
(b) the
provision or extension of a controlled service or fitting in or in connection
with a building;
(c) a
material alteration in relation to a building;
(d) work
required by bye-law 5A, 5B, 6, or 17C, in relation to a building;
(e) work
involving the underpinning of a building;
(f) the
provision, alteration or extension of an electrical installation in a building,
including, where such an installation is altered or extended, any work on the
existing electrical installation of the building;
(g) the
removal from a building of a fixed gas burning appliance provided for the purpose
of space heating, water heating or cooking;
“change to a
building’s energy status” means a change to a building, being a
change that has the result that the building becomes one to which any of the
energy efficiency requirements applies where previously the requirement did not
so apply;
“combustion
appliance” means a fixed heat producing appliance designed to burn solid
fuel, oil or gas;
“controlled service
or fitting” means a service or fitting in relation to which Part 3, Part 6
or Part 11 of Schedule 2 imposes a requirement;
“covered area”
means a roofed structure that is open on at least 2 sides except for roof
supports;
“dwelling”
means a dwelling-house, flat or other private residential accommodation and
whether or not it is used –
(a) on a
permanent basis; or
(b) as
tourist accommodation;
“electrical
installation” means, in relation to a building, the fixed electrical
cables, and fixed electrical equipment, located on the consumer’s side of
an electricity supply meter in the building;
“energy efficiency
requirements” means the requirements of –
(a) bye-laws
5A and 5B;
(b) Part 3A;
and
(c) Part 11
of Schedule 2;
“erection of a
building” includes the re-erection of –
(a) a
building; or
(b) part of a building,
that has been
substantially demolished so as to leave only the external walls;
“fixed building
service” means –
(a) a
fixed internal or external lighting system (other than an emergency escape
lighting system or a specialist process lighting system); or
(b) a
fixed system for heating, providing hot water, providing air conditioning or providing
mechanical ventilation;
“flat” means a
separate dwelling that forms part of a building and is divided horizontally
from some other part of the building and whether or not –
(a) it is
a single-storey dwelling; or
(b) it forms
part of a lodging house;
“floor area”,
in respect of a building or an extension of a building, means the aggregate of
the areas of all the floors in the building or the extension, the area of each
floor being calculated by reference to the finished internal faces of the walls
enclosing the area, or if at any point there is no such wall, by reference to
the outermost edge of the floor;
“habitable room”
means a room used or intended to be used for living, sleeping, dining or
cooking purposes;
“independent access”,
in respect of a part of a building (including an extension to a building),
means, a route of access to the part that does not require the user to pass
through any other part of the building;
“institution”
means an institution (whether described as a hospital, home, school or other
similar establishment) that is used as living accommodation for, or the
treatment, care or maintenance of persons –
(a) suffering
from disabilities due to illness, old age or physical incapacity, or a lack of
capacity within the meaning of Article 4 of the Capacity
and Self-Determination (Jersey) Law 2016; or
(b) under
the age of 5 years,
where the persons sleep on
the premises;
“Law” means
the Planning
and Building (Jersey) Law 2002;
“lodging house”
has the meaning given to that expression by Article 1 of the Lodging
Houses (Registration) (Jersey) Law 1962;
“material alteration”
means any work done to a building, or to a controlled service or fitting, or to
the fixed electrical installation of a building so that at any stage it could
result in –
(a) it no
longer complying with requirements 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 2.4, 2.5, 3.1,
3.2, 3.3, 3.5, 3.6, 6.1, 6.2, 6.5, 8.1, 8.2, 8 3, 8.4, or 12.1 where previously
it did so; or
(b) where
it previously failed so to comply, its falling further short of compliance with
such requirements;
“material change of
use” means a change of use of a building in accordance with bye-law 2;
“public building”
means a building consisting of or containing –
(a) a
theatre, public library, hall or other place of public resort;
(b) a
school or other educational establishment;
(c) a
place of public worship,
but a building is not a
place of public resort solely because –
(d) it
is, or it contains, a shop, storehouse or warehouse; or
(e) it is
a dwelling to which members of the public are occasionally admitted;
“published”,
in respect of any matter, means published in a manner that is likely to bring
the matter to the attention of those affected by it;
“retaining wall”
means a wall, not forming part of a permanent building –
(a) that
confines, or is intended to confine, earth or other material on 1 side only;
and
(b) where
the difference in height between the ground on each side of the wall is at
least 1 metre;
“room for
residential purposes” means a room, or suite of rooms –
(a) that
is not a dwelling house or flat; and
(b) that
is used by one or more persons to live and sleep in,
and includes rooms in
hotels, hostels, guest houses, halls of residence and residential homes but
does not include rooms in hospitals, or similar establishments, used for
patient accommodation;
“shop”
includes premises –
(a) used
for the sale to the public of food or drink for consumption on or off the
premises;
(b) used
for retail sales by auction to the public;
(c) used
by the public as a barber or hairdresser;
(d) used
by the public to hire items;
(e) where
the public may take goods for repair or other treatment;
“storey”, in
respect of a building, means that part of the building that is situated between
the top of a floor of the building and the top of the floor next above it, or
if there is no floor above it, the internal surface of the roof;
“technical guidance
document” means a technical guidance document published under Article 32
of the Law;
“thermal element”
has the meaning set out in bye-law 2A;
“thermally
conditioned” means capable of being maintained at or near a given
temperature by the use of one or more mechanical devices.[1]
(2) References
in these bye-laws to the distance from a building to the nearest part of the
boundary must, if that part of the boundary abuts on a public road, be
construed as the distance from the building to the centre of the road.
(3) For
the purposes of these bye-laws the height of a building is its height measured
from the lowest level of the ground adjoining the outside of its external walls
to –
(a) its
roof line, provided that where the roof is pitched, the height is measured
vertically to a level midway between the top and the bottom of its roof; or
(b) the
top of its walls or of its parapet, if any,
whichever is the higher.
(4) A
reference by number to a requirement is a reference to the requirement so
numbered in Schedule 2.
2 Material
change of use defined
A material change of use
of a building occurs if there is a change in the purposes for which or the
circumstances in which a building is used, so that after that
change –
(a) the
building is used as a dwelling, where previously it was not;
(b) the
building contains a flat, where previously it did not;
(c) the
building is used as an hotel or guest house, where previously it was not;
(d) the
building is used as an institution, where previously it was not;
(e) the
building is used as a public building, where previously it was not;
(f) the
building is not a building described in Classes 1 to 7 in Schedule 1,
where previously it was;
(g) the
building, which contains at least one dwelling, contains a greater or lesser
number of dwellings than it did previously;
(h) the
building contains a room for residential purposes, where previously it did not;
(i) the
building, which contains at least one room for residential purposes, contains a
greater or lesser number of such rooms than it did previously;
(j) the
building is used as a shop, where previously it was not;
(k) the
building is used as an office, where previously it was not; or
(l) in
the case of a building that is or contains a dwelling or garage, part of the
building is used as a habitable room where previously the part was not so used.[2]
2A Thermal
element defined[3]
(1) In
these bye-laws, “thermal element” means a wall, floor, or roof,
that separates a thermally-conditioned part of a building from –
(a) part
or all of the external environment; or
(b) in
the case of a wall or floor, another part of the building, being a part that
is –
(i) not thermally
conditioned,
(ii) an
extension falling within Class 6 in Schedule 1, or
(iii) where
this clause applies, thermally conditioned to a different temperature,
and includes all parts of
the wall, floor, or roof, between the surface bounding the
thermally-conditioned part of the building and the surface exposed to the
external environment or to the other part of the building.
(2) Paragraph (1)(b)(iii)
only applies if –
(a) the
relevant building is not a dwelling; and
(b) the
other part of the relevant building is used for a purpose that is not similar
or identical to the purpose for which the thermally-conditioned part is used.
(3) In
this bye-law –
(a) a
reference to the external environment includes the ground;
(b) a
reference to a wall, floor or roof does not include a window, door, roof-window
or roof-light.
3 Exempt
buildings, extensions and structures
These bye-laws do not
apply to –
(a) the
erection of a building, an extension or a structure of a kind described in Schedule 1;
or
(b) the
carrying out of work not involving the installation of a controlled service or
fitting or the provision or extension of a fixed electrical installation to or
in connection with such a building, extension or structure, if after the
carrying out of that work it is still a building, extension or structure of a
kind described in that Schedule.
PART 2
CONTROL OF BUILDING WORK
4 Application of Part
Except as provided by
bye-law 3 this Part applies to any building work or material change of use.
5 Requirements
relating to building work
(1) Building
work must be carried out so that –
(a) it
complies with each relevant requirement of Schedule 2; and
(b) in
complying with any such requirement there is no failure to comply with any
other such requirement.
(2) Building
work must be carried out so that after it has been completed any building or
controlled service or fitting to or in connection with which the work was done –
(a) complies
with each relevant requirement of Schedule 2; or
(b) if it
did not so comply before the building work was carried out, does not fall
further short of compliance with any such requirement.
(3) Despite
paragraph (2)(b), if the building work consists of the provision, alteration
or extension of a fixed electrical installation in a building the work must be
carried out so that after it has been completed –
(a) the
installation, the installation as altered or the extension to the installation;
and
(b) where
an installation is extended, any work carried out on the existing installation
to ensure that the extension to it complies with Part 12 of Schedule 2,
complies with Part 12
of Schedule 2.
(4) Despite
paragraphs (1) and (2) and without affecting the operation of paragraph (3),
if building work is only of a kind required by bye-law 5A, 5B or 17C and
does not constitute a material alteration to a building, paragraphs (1)
and (2) shall not apply to or in relation to the building work so long as the
requirements of bye-law 5A, 5B or 17C (as the case requires) are met in
relation to the work.[4]
5A Requirements relating
to the renovation or replacement of thermal elements[5]
(1) Where
the renovation of an individual thermal element –
(a) constitutes
a major renovation; or
(b) amounts
to the renovation of more than 50% of the element’s surface area,
the renovation must be
carried out so as to ensure that the whole of the element complies with requirement 11.1(a)(i), in so far as it is
technically, functionally and economically feasible to do so.
(2) Where
the whole or any part of an individual thermal element is proposed to be
replaced and the replacement –
(a) constitutes
a major renovation; or
(b) (in
the case of part replacement) amounts to the replacement of more than 50% of
the thermal element’s surface area,
the whole of the thermal
element must be replaced so as to ensure that it complies with
requirement 11.1(a)(i), in so far as it is technically, functionally and
economically feasible to do so.
(3) In
this bye-law –
“building envelope”
means the integrated elements of a building that separates its interior from
the outdoor environment;
“major
renovation” means the renovation of a building where more than 25% of the
surface area of the building envelope undergoes renovation;
“renovation”,
in relation to a thermal element, means the provision of a new layer in the
thermal element or the replacement of an existing layer, but excludes
decorative finishes.
5B Requirements
relating to a change to energy status[6]
(1) Where
there is a change to a building’s energy status, such building work shall
be carried out as is necessary to ensure that the building complies with the
requirements of Part 11 of Schedule 2.
(2) However,
if the change concerns the energy status of only part of the building, being a
part designed, or altered, to have fixed building services that are separate
from those of other parts of the building, then it shall be sufficient
compliance with paragraph (1) if the building work that is carried out
ensures that the part complies with the requirements of Part 11 of
Schedule 2.
6 Requirements
in relation to material change of use
(1) Where
there is a material change of use of the whole of a building, such work, if
any, must be carried out as is necessary to ensure that the building complies
with the applicable requirements of Schedule 2, being –
(a) in all cases – requirements –
2.1 (means of warning and
escape);
2.2 (internal fire spread –
linings);
2.3 (internal fire spread –
structure);
2.4 (2) (external fire
spread – roofs);
2.5 (access and facilities
for the fire service);
3.1 to 3.3 (combustion
appliances);
5.1 (ventilation);
6.1 (foul water drainage);
6.2 (packaged wastewater
treatment works and cesspools);
6.4 (sanitary facilities);
11.1 (conservation of energy);
12.1 (electrical safety);
(b) in
the case of a material change of use described in bye-law 2(c), bye-law 2(d),
bye-law 2(e) or bye-law 2(f) – requirements 1.1 to 1.3
(structure);
(c) in
the case of a building exceeding 15 metres in height –
requirement 2.4(1) (external fire spread – walls);
(d) in
the case of a material change of use described in bye-law 2(a),
bye-law 2(b), bye-law 2(c), bye-law 2(d), bye-law 2(g),
bye-law 2(h), bye-law 2(i), bye-law 2(1) or, where the material
change provides new residential accommodation, bye-law 2(f) –
requirement 4.2 (precautions in relation to contaminants);
(e) in
the case of a material change of use described in bye-law 2(a) or
bye-law 2(1) – requirement 4.4 (resistance to moisture);
(f) in
the case of a material change of use described in bye-law 2(a), bye-law 2(b),
bye-law 2(c), bye-law 2(g), bye-law 2(h) or bye-law 2(i) –
requirements 9.1 to 9.3 (resistance to the passage of sound);
(g) in
the case of a material change of use described in bye-law 2(e), if the
public building consists of or contains a school – requirement 9.4
(acoustic conditions in schools);
(h) in
the case of a material change of use described in bye-law 2(c), bye-law 2(d),
bye-law 2(e) or bye-law 2(j) – requirement 8.1 (access
and use).[7]
(2) Where
there is a material change of use of part only of a building, such work, if
any, must be carried out as is necessary to ensure that –
(a) the part complies in all
cases with any applicable requirements referred to in paragraph (1)(a);
(b) in a
case in which paragraph (1)(b), paragraph (1)(d), paragraph (1)(e),
paragraph (1)(f) or paragraph (1)(g) applies, the part complies with
the requirements referred to in that sub-paragraph;
(c) in a
case to which paragraph (1)(c) applies, the whole building complies with
the requirement referred to in that sub-paragraph; and
(d) in a
case to which paragraph (1)(h) applies –
(i) the part and any
sanitary conveniences provided in or in connection with the part comply with
the requirements referred to in the sub-paragraph, and
(ii) the
building complies with requirement 8.1(a) to the extent that reasonable
provision is made to provide either suitable independent access to the part or
suitable access through the building to the part.[8]
7 Materials
and workmanship
Building work that is
required to comply with a relevant requirement of Schedule 2 must be
carried out –
(a) with
materials that are appropriate; and
(b) in
a workmanlike manner.
8 Limitation
on requirements
Except for requirements 3.6
and 6.2, Parts 1 to 7, 10 and 12 of Schedule 2 are not to be taken as
requiring anything to be done except to secure reasonable standards of health
and safety for persons in or about buildings and for others who may be affected
by buildings or matters connected with buildings.
9 Testing
and sampling
(1) To
ascertain whether these bye-laws have been complied with the Chief Officer may
make tests or require a person carrying out building work to make tests in the
presence of an authorized representative of the Chief Officer –
(a) of a
drain or sewer;
(b) of
the sound insulation provisions of a building; or
(c) in order
to check compliance with Part 11 of Schedule 2, of a building’s
fabric, and on services and fittings.[9]
(2) The
Chief Officer may take a sample of any material to be used in the carrying out
of building work as may be necessary to ascertain whether the material complies
with these bye-laws.[10]
PART 3
AUTHORIZATION, COMMENCEMENT AND COMPLETION OF WORK
10 Application for
building permit
(1) Except as provided by
bye-laws 14 and 15, a person who proposes –
(a) to
carry out building work;
(b) to
replace or renovate a thermal element that forms part of a building in relation
to which any of the energy efficiency requirements apply;
(c) to
make a change to a building’s energy status; or
(d) to
make a material change of use,
must apply to the Chief Officer for a building permit.[11]
(2) The application must be
made in accordance with Article 34 of the Law.
11 Particulars
and plans
In accordance with Article 34(2)(b) of the Law, an application
for a building permit must contain or be accompanied by such particulars as may
be reasonably required to determine the application.[12]
12 Design
certificates
(1) If required to do so, a
person must supply a design certificate –
(a) with
an application for a building permit; or
(b) to
discharge a condition attached to a building permit.
(2) The design
certificate –
(a) must
certify that if the work specified in the certificate is carried out in
accordance with the plans and calculations accompanying the certificate the
work will comply with the relevant requirements in Part 1 of Schedule 2;
and
(b) must
be signed by an approved Certifier of Design.
(3) A person is an approved
Certifier of Design if his or her name appears on a list published by the
Minister of persons who are considered, in accordance with a scheme approved by
the Minister, to be persons who have the experience and qualifications required
to be competent to issue design certificates.
13 Notice
of start and completion of certain stages of work
(1) Unless the Chief
Officer directs otherwise, a person to whom a building permit has been granted
must not start the work permitted by the permit unless at least 2 working
days’ written notice of the intention to do so has been given to the Chief
Officer.[13]
(2) A person carrying out
building work must, unless otherwise directed, give at least 2 working
days’ written notice of the date on which the person intends to –
(a) start
work in relation to a damp-proof course; or
(b) cover
up any of the works referred to in paragraph (3).[14]
(3) Those works are –
(a) an
excavation for a foundation;
(b) foundation
concrete;
(c) concrete
or other material laid over a site;
(d) a
drain or private sewer;
(e) any
part of a roof structure.
(3A) Notice does not satisfy paragraph (2)
in relation to an intention to cover up foundation concrete referred to in
paragraph (3)(b) unless, at the time when the notice is given, the
positions of any planned walls have been set out on the foundation concrete.[15]
(4) The Chief Officer may
specify in a building permit –
(a) a
date by which the building work permitted by the permit must have started; and
(b) what
started means for the purpose of sub-paragraph (a).[16]
(5) If the work is not
started by the specified date the building permit ceases to have effect.
(6) A person carrying out
building work must, within 2 working days after its completion, give written
notice of the completion to the Chief Officer.[17]
(7) If –
(a) a
building is being erected; and
(b) the
building (or a part of it) is to be occupied before completion,
the person carrying out the work must give the Chief Officer at
least 2 working days’ written notice of any intention to occupy the
building or any part of it.[18]
(8) A person who has failed
to comply with paragraph (1) or (2) must, within a reasonable time of
being required to do so by the Chief Officer by written notice, cut into, lay
open or pull down so much of the work as, in the opinion of the Chief Officer,
prevents the Chief Officer from ascertaining whether these bye-laws have been
complied with.[19]
(9) If the Chief Officer
has given a person written notice specifying the manner in which any work
carried out by the person contravenes the requirements of these bye-laws, the
person carrying out the work necessary to secure compliance with these bye-laws
must –
(a) give
the Chief Officer written notice of the person’s intention to carry out
the work not less than 2 working days before the start of the work; and
(b) give
the Chief Officer written notice of the completion of the work not more than 2
working days after its completion.[20]
(10) In this bye-law
“working day” means any continuous period of 24 hours
commencing at midnight and excluding any Saturday, Sunday, bank holiday or
public holiday.
14 Certain work may
be started before determination of application
(1) A
person who has applied for a building permit in respect of the provision,
extension or material alteration of a controlled service or fitting may start
the work before the application has been determined.[21]
(2) Paragraph (1)
does not prejudice any power of the decision-maker under the Planning
and Building (Jersey) Law 2002.[22]
(3) In
this bye-law “decision-maker” has the meaning given by Article 22(3)
of the Law.[23]
15 Certifiable
building work
(1) This
bye-law applies to the carrying out of –
(a) work in
respect of which Part 12 of the Schedule 2 imposes a requirement; and
(b) certifiable
building work carried out by a person who is registered under an appropriate
approved scheme.
(2) In
the case of work mentioned in paragraph (1)(a) that is not exempt
electrical certifiable work, building permission is to be taken to have been
given for the work to be carried out if, within 30 days of the completion
of the work, a person registered under an appropriate approved scheme –
(a) gives
the Chief Officer, through the registering authority under the relevant
approved scheme, a certificate or a notice that contains the information
mentioned in paragraph (5); and
(b) gives
to the person who required the work to be carried out a copy of the certificate
or notice.[24]
(3) In
the case of work mentioned in paragraph (1)(a) that is exempt electrical
certifiable work, building permission is to be taken to have been given for the
work to be carried out if, within 30 days of the completion of the work, a
person registered under an appropriate approved scheme gives to the person who
required the work to be carried out a copy of a certificate that contains the
information mentioned in paragraph (5).[25]
(4) In
the case of work mentioned in paragraph (1)(b), building permission is to
be taken to have been given for the work to be carried out if, within
30 days of the completion of the work, the person who carried out the
work –
(a) gives
the Chief Officer, through the registering authority under the relevant
approved scheme, a certificate or a notice that contains the information
mentioned in paragraph (5); and
(b) gives
to the person who required the work to be carried out a copy of the certificate
or notice.[26]
(5) The
certificate or notice must –
(a) describe
the work carried out;
(b) confirm
that the requirements of bye-laws 5 and 7 were complied with;
(c) state
the address of the property where the work was carried out;
(d) state
the name of the person providing the certificate and, if different, the name of
the person who carried out the work.
(6) In
this bye-law –
“appropriate
approved scheme”, in respect of work mentioned in paragraph (1)(a)
or certifiable building work, means a scheme that has been specifically
developed for certifying that type of work where the Minister has published his
or her approval of the scheme for the purpose of this bye-law;
“certifiable
building work” means –
(a) the installation
or removal of a heat-producing gas appliance;
(b) the installation
of a heating or hot water service system connected to a heat producing gas
appliance;
(c) the
installation of an oil-fired combustion appliance with a rated heat output of
100 kilowatts or less;
(d) the
installation of an oil storage tank and the pipes connecting it to a combustion
appliance;
(e) the
installation of a heating or hot water service system connected to an oil-fired
combustion appliance;
(f) the
installation of a solid fuel burning combustion appliance with a rated heat
output of 50 kilowatts or less that is installed in a building with no
more than 3 storeys (excluding any basement);
(g) the
installation of a heating or hot water service system connected to a solid fuel
burning combustion appliance;
(h) the installation
in an existing dwelling and as a replacement, of a window, a roof-light, a roof-window
or door (being a door that together with its frame has more than half of its
internal face area glazed);
(i) the
provision, alteration or extension of a fixed electrical installation in or in
respect of any building;
“exempt electrical
certifiable work” means work that consists of –
(a) the
provision of additional lighting points (light fittings and switching) on an
existing circuit where –
(i) the existing
circuit protective device is suitable and provides protection for the modified
circuit, and
(ii) any
other safety provisions are satisfactory;
(b) the
adding of socket outlets to an existing ring or radial circuit where –
(i) the existing
circuit protective device is suitable and provides protection for the modified
circuit, and
(ii) any
other safety provisions are satisfactory;
(c) the
replacement of individual accessories including socket outlets, control
switches, other than the circuit protective device, in a like-for-like manner
for a single circuit;
(d) the
replacement of accessories such as socket outlets and ceiling roses on a
like-for-like basis;
(e) the
installation or upgrading or both and testing of main equi-potential bonding;
(f) the
upgrading and testing of supplementary bonding;
(g) the
replacement of the cable for a single circuit but only where damaged (for
example. by fire, rodent or impact) if the replacement cable –
(i) is identical in
manufactured specification,
(ii) follows
the same route, and
(iii) does
not serve more than one sub-circuit through a distribution board;
(h) the
fixing or repairing or both of the enclosure of an existing wiring system if
the circuit’s protective measures are unaffected;
(i) the
provision of additional mechanical protection to existing electrical equipment
if the circuit’s protective measures and current-carrying capacity of
conductors are unaffected.[27]
16 Unauthorized
building work
(1) This
bye-law applies if building work to which these bye-laws apply has been carried
out without a building permit.
(2) The
owner of the premises to which the building work relates –
(a) may
make a written application to the Chief Officer for a certificate under bye-law 17;
or
(b) must
do so if so required by the Chief Officer.[28]
(3) The
application must be accompanied by –
(a) a
statement that the application is made in accordance with this bye-law; and
(b) plans
and descriptions of the work; and of any additional work required to be carried
out to ensure that the work complies with each relevant requirement of Schedule 2;
and
(c) the prescribed
fee.
(4) Where
the Chief Officer receives an application in accordance with this bye-law, the Chief
Officer may require the applicant to take such reasonable steps, including –
(a) laying
open the work for inspection by the Chief Officer; and
(b) arranging
for the making of tests and the taking of samples,
as the Chief Officer
thinks appropriate to ascertain what additional work, if any, is required to
ensure that each relevant requirement of Schedule 2 has been complied
with.[29]
(5) Where
the applicant has taken the steps, if any, required by the Chief Officer under paragraph (4),
the Chief Officer may notify the applicant –
(a) of
the work that in the Chief Officer’s opinion is required to comply with
each relevant requirement of Schedule 2 or such a requirement as dispensed
with or relaxed; or
(b) any
further requirement under paragraph (4) that the Chief Officer thinks
appropriate to determine what work, if any, is required to comply with each
relevant requirement of Schedule 2 or such a requirement as dispensed with
or relaxed.[30]
17 Completion
certificates
(1) The
Chief Officer may issue a certificate to the effect that, in so far as the Chief
Officer has been able to ascertain, the work described in the certificate has
been completed and that each relevant requirements of Schedule 2 has been
complied with.[31]
(2) If
a certificate issued under this bye-law relates to work done in respect of
which an application has been made under bye-law 16, the certificate must
indicate that it is issued in respect of unauthorized building work.
(3) If –
(a) building
work has been carried out in respect of which a building permit has been issued;
and
(b) the
building has been occupied or partly occupied before completion,
the Chief Officer may
issue an interim certificate to the effect that the work described in the
certificate has been carried out to the extent so described.[32]
(4) A
certificate given in accordance with this bye-law is evidence but not
conclusive evidence that each requirement of Schedule 2 specified in the
certificate has been complied with.
PART 3A[33]
energy
efficiency requirements[34]
17A Application of energy efficiency
requirements[35]
(1) The
energy efficiency requirements set out in this Part apply to such buildings
that use energy to condition the indoor climate as are specified in the
following bye-laws in this Part, subject to the exceptions specified in
paragraph (2).
(2) The
following buildings (and the carrying out of any work in connection with them)
are exempt from those requirements –
(a) buildings
that are included in the List of Sites of Special Interest maintained by the
Chief Officer under Article 51(1) of the Law where compliance with the
requirements would unacceptably alter their character or appearance;
(b) buildings
that are used primarily or solely as places of worship;
(c) temporary
buildings with a planned time of use of 2 years or less, industrial
sites, workshops and non-residential agricultural buildings with low
energy demand;
(d) stand-alone
buildings other than dwellings with a total useful floor area of less than 50 square
metres.
(3) In
this byelaw –
(a) a
reference to industrial sites and workshops with low energy demand is a
reference to buildings used to accommodate industrial activities in spaces
where the air is not habitually heated or cooled other than by the industrial
activity itself;
(b) a
reference to non-residential agricultural buildings with low energy demand is a
reference to buildings designed to be used separately that are heated only for
specific purposes of short duration (such as plant germination or egg
hatching);
(c) “place
of worship” means a building used for formal public worship and any
adjoining space the function of which is directly linked to that use;
(d) “stand-alone
building” means a building entirely detached from any other building;
(e) “temporary
building” includes a portable or modular building;
(f) “total
useful floor area” means the total area of all enclosed spaces measured
to the internal face of the external walls.
17B Energy performance rates for new
buildings[36]
(1) This
bye-law applies where a new building is constructed.
(2) The
energy performance rate of the building, once constructed, must not exceed the
target rate of the energy performance for the building specified in the
relevant technical guidance document.
(3) If
the building is a dwelling, its fabric energy efficiency rate, once the
dwelling is constructed, must not exceed the target fabric energy efficiency
rate specified in the relevant technical guidance document.
(4) For
the purposes of this bye-law –
(a) energy
performance rates and fabric energy efficiency rates must be calculated in
accordance with the relevant technical guidance document;
(b) the
relevant technical guidance document is one concerning minimum energy
performance requirements for buildings and setting out a methodology of
calculation for the energy performance of buildings.
17C Consequential
improvements to energy performance
(1) This
bye-law applies to –
(a) an
existing building with a total useful floor area (as defined by
bye-law 17A(3)) over 1,000 square metres in respect of which
building work is proposed if the proposed building work consists of or
includes –
(i) an extension of
the building, or
(ii) the
initial provision of any fixed building services, or an increase to the
installed capacity of any fixed building services, in relation to the building;
and
(b) an
existing dwelling where it is proposed to construct an extension to it.[37]
(2) Subject
to paragraph (3), such work, if any, shall be carried out as is necessary
to ensure that the building complies with Part 11 of Schedule 2.
(3) Nothing
in paragraph (2) requires work to be carried out if it is not technically,
functionally and economically feasible.
17D Notice of energy
performance[38]
(1) This
bye-law applies where a new building is constructed and to any dwelling the construction
of which results in a material change of use of a building.[39]
(2) The
person carrying out the relevant building work must calculate a rating of the
energy performance of the building, once constructed, in accordance with the
relevant technical guidance document and give notice of that rating to the
owner of the building.[40]
(3) For
the purposes of this bye-law, the relevant technical guidance document is one
concerning minimum energy performance requirements for buildings and setting
out a methodology of calculation for the energy performance of buildings.
(4) The
notice shall be given not later than –
(a) the
date on which the notice required by bye-law 13(6) is given in relation to
the building work; and
(b) at
least 5 days before occupation of the building.[41]
17E Information about use of fuel
and power[42]
(1) This
bye-law applies where requirement 11.1 applies in relation to building
work.
(2) The
person carrying out the work must, not later than 5 days after the work
has been completed, provide to the owner sufficient information about the
building, the fixed building services and their maintenance requirements, for
the building to be operated in such a manner as to use no more fuel and power
than is reasonable in the circumstances.
17F Pressure testing[43]
(1) This
bye-law applies to a building in relation to which requirement 11.1(a)(i) applies.
(2) A
person carrying out building work to construct the building shall ensure that
pressure testing is carried out on the building in such circumstances, and in
accordance with such procedures, as are set out in the relevant technical
guidance document.
(3) The
person carrying out the building work shall give notice of the results of the
pressure testing to the Chief Officer not later than 7 days after the testing
is completed.[44]
(4) The
notice shall set out the results of the testing and the data on which they are
based in the manner set out in the relevant technical guidance document.
(5) For
the purposes of this bye-law, the relevant technical guidance document is one
concerning pressure testing in a building in order to determine heat gains and
losses in the building from its thermal elements and other parts of its
building fabric.
17G Commissioning
(1) This
bye-law applies to a building in relation to which requirement 11.1(b) applies
and building work is carried out, but does not apply where the building work
consists only of exempt electrical certifiable work (within the meaning of
bye-law 15).
(2) The
person carrying out the building work shall give to the Chief Officer a notice
confirming that the relevant fixed building services have been commissioned in
accordance with the procedure set out in the relevant technical guidance
document.[45]
(3) The
notice shall be given not later than –
(a) in
every case, the date on which the notice required by bye-law 13(6) in
relation to the building work is given; and
(b) in
the case of certifiable building work (within the meaning of bye-law 15),
not more than 30 days after completion of the work.
(4) For
the purposes of this bye-law, the relevant technical guidance document is one
concerning pressure testing in a building in order to determine heat gains and
losses in the building from its pipes, ducts, and vessels, used for space heating,
space cooling and hot water services.
17H Energy rate calculations[46]
(1) This
bye-law applies where a new building is constructed.
(2) The
person carrying out the work must provide a notice with the application for a
building permit that specifies –
(a) the
target energy rate for the building;
(b) in
the case of a dwelling, the target fabric energy efficiency rate for the
dwelling;
(c) the
calculated energy rate for the building as designed;
(d) in
the case of a dwelling, the calculated fabric energy efficiency rate for the
dwelling as designed; and
(e) a
list of specifications to which the building is to be constructed.
(3) Not
later than 5 days after the work has been completed, the person carrying
out the work must give the Chief Officer a notice that specifies –
(a) the
target energy rate for the building, and in the case of a dwelling, the target
fabric energy efficiency rate;
(b) the
calculated energy rate for the building as constructed;
(c) in
the case of a dwelling, the calculated fabric energy efficiency rate for the
dwelling as constructed; and
(d) whether
the building has been constructed in accordance with the list of specifications
referred to in paragraph (2)(e), and if not, a list of the changes from
them.
(4) For
the purposes of this bye-law –
(a) a
reference to a rate of energy is a reference to that rate as defined or
explained in the relevant technical guidance document;
(b) “specifications”
means specifications used for the calculation of the energy rate in accordance
with the relevant technical guidance document;
(c) the
relevant technical guidance document is one concerning minimum energy
performance requirements for buildings and setting out a methodology of
calculation for the energy performance of buildings.
PART 4[47]
MISCELLANEOUS
17I Transitional
provision where these bye-laws are changed
For the purposes
of –
(a) any
prescribed building work undertaken in respect of which building permission has
been granted under Chapter 2 of Part 4 of the Law; or
(b) any
building permission granted under Chapter 2 of Part 4 of the Law,
these bye-laws shall
apply as they were in force at the time when the building permission was
granted.
18 Citation
These bye-laws may be
cited as the Building Bye-laws (Jersey) 2007.
SCHEDULE 1[48]
(Bye-law 3(a))
EXEMPT BUILDINGS, EXTENSIONS AND STRUCTURES
A building, extension or
structure specified in this Schedule is exempt from the operation of these bye-laws.
Class 1 – small detached buildings
(1) A
detached single storey building that has a floor area not exceeding
20 square metres, that does not contain any sleeping accommodation and
that is a building –
(a) so
sited that no part of it is closer than 1 metre to the boundary; or
(b) that
has external walls constructed substantially of non-combustible material, and a
roof covering that would achieve an A.A. designation if tested in accordance
with B.S. 476: part 3.
(2) A
detached single storey building that has a floor area that does not exceed
10 square metres and that does not contain sleeping accommodation.
Class 2 – buildings not frequented by people
A detached
building –
(a) into
which people do not normally go or go only intermittently and then only to
inspect or maintain fixed plant or machinery; and
(b) that
is so located that no part of it is closer than a distance equivalent to
1½ times its height to the boundary or to any other building that
is not in Class 2 of this Schedule.
Class 3 – agricultural buildings
(1) A
detached building –
(a) that
is used for agriculture or to keep animals;
(b) that
is not used as sleeping accommodation or to retail, pack or exhibit produce;
(c) that
is so sited that no part of it is closer than a distance equivalent to
1½ times its height to the boundary or to any part of any other
building that contains sleeping accommodation; and
(d) that
is so constructed that no part of its interior is more than 18 metres from
a fire exit.
(2) A
detached glasshouse or polytunnel building that is used to grow plants or
crops.
(3) In
this paragraph –
“agriculture”
includes horticulture, fruit growing, the growing of plants for seed and fish
farming;
“polytunnel building”
means a lightweight structure mainly of polythene or similar material affording
protection to plants or crops that is not less than 1 metre above ground
level at its highest point.
Class 4 – temporary buildings
A building that does not
contain sleeping accommodation and is not intended to, and that does not remain
on the site where it is erected for more than 28 days following its
erection.
Class 5 – works buildings
A building on the site of
construction or civil engineering works that is used exclusively in connection
with those works and that does not contain sleeping accommodation.
Class 6 – extensions
(1) A
single storey extension of a dwelling consisting of the addition at ground
level of a conservatory, veranda or covered area that, in each case, has a
floor area of 20 square metres or less where –
(a) any
of its walls within 1 metre of the boundary is constructed substantially
of non-combustible material;
(b) its
roof covering is of a type that would achieve an A.A. designation if tested in
accordance with B.S. 476: part 3;
(c) its
glazing satisfies requirement 10.1;
(d) it
does not cause a contravention of these bye-laws in respect of the dwelling or
any service or fitting; and
(e) in
the case of an extension that is a conservatory –
(i) the extension is
thermally separated from the dwelling with construction that achieves a maximum
U-value of 2.0 W/m2K (where U represents how much thermal
energy in watts (W) is transmitted through one square metre (m2) of
the construction at a temperature difference of one degree Kelvin (K) between
the dwelling and the extension), and
(ii) the
extension is constructed so that its external fabric achieves a maximum U-value
of 2.0 W/m2/K (where U represents how much thermal energy in
watts (W) is transmitted through one square metre (m2) of the
external fabric at a temperature difference of one degree Kelvin (K) between
the extension and the outside).
(2) A
single storey extension of a dwelling consisting of the addition at ground
level of a carport that is open on at least 2 sides and that has a floor
area of 20 square metres or less.
(3) A
single storey extension of a dwelling consisting of the addition at ground
level of a porch that has a floor area of 5 square metres or less.
Class 7 – movable structures
A movable structure to
which the Planning and Building (Movable Structures) (Jersey) Order 2006
applies.
SCHEDULE 2[49]
(Bye-laws 1(4) and 5)
REQUIREMENTS
PART 1 – STRUCTURE
1.1 Loading
(1) A
building must be constructed so that the combined dead, imposed and wind loads
to which it may be subjected are sustained and transmitted to the
ground –
(a) safely;
and
(b) without
causing such deflection or deformation of any part of the building, or such
movement of the ground, as will impair the stability of the building or any
part of another building.
(2) In
assessing whether a building complies with sub-paragraph (1) regard must
be had to the imposed and wind loads to which it is likely to be subjected in
the ordinary course of its use for the purpose for which it is intended.
1.2 Ground
movement
A building must be
constructed so that, in so far as the risk can reasonably be foreseen, movement
of the subsoil caused by landslip, swelling or freezing will not impair the
stability of any part of the building.
1.3 Disproportionate
collapse
(1) Subject
to paragraph (2), a building must be constructed so that in the event of
an accident the building will not suffer collapse to an extent disproportionate
to the cause.
(2) This
paragraph does not apply to a building with less than 5 storeys.
(3) In
counting those storeys –
(a) each
basement level is to be counted as 1 storey; and
(b) if
the roof pitch does not exceed 70 degrees to the horizontal and there is a
single storey within the roof space, that storey is not to be counted.
PART 2 – FIRE SAFETY
2.1 Means
of escape
A building must be
designed and constructed so that –
(a) there
are appropriate provisions for the early warning of fire; and
(b) in
the case of a fire in the building, there is an appropriate means of escape
from the building to a place of safety outside the building that is capable of
being safely and effectively used at all material times.
2.2 Internal fire spread (linings)
To inhibit the spread of
fire within a building, any material used to line a partition, wall, ceiling or
other internal structure of the building must –
(a) be
capable of adequately resisting the spread of fire over its surfaces; and
(b) if
ignited, have a rate of heat release that is reasonable in the circumstances.
2.3 Internal fire spread (structure)
(1) A
building must be designed and constructed so that –
(a) in
the event of fire its stability is maintained for a reasonable period; and
(b) the
unseen spread of fire and smoke within concealed spaces in it structure and
fabric is inhibited.
(2) A
wall common to 2 or more buildings must be designed and constructed so that it
adequately resists the spread of fire between the buildings.
(3) For
the purpose of paragraph (2) a house in a terrace and a semi-detached
house are separate buildings.
(4) To
inhibit the spread of fire within a building, the building must be sub-divided
with fire resisting construction to the extent appropriate to the size and
intended use of the building.
2.4 External fire spread
(1) The
external walls of a building must adequately resist the spread of fire over the
walls and from one building to another, having regard to the height, use and
position of the building.
(2) The
roof of a building must adequately resist the spread of fire over the roof and
from one building to another, having regard to the use and position of the
building.
2.5 Access
and facilities for the fire service
(1) A
building must be designed and constructed so as to provide reasonable
facilities to assist fire fighters in the protection of life.
(2) Reasonable
provision must be made within the site of a building to enable fire appliances
to gain access to the building.
PART 3 – COMBUSTION APPLIANCES AND FUEL STORAGE
SYSTEMS
3.1 Air
Supply
(1) Combustion
appliances must be so installed that there is an adequate supply of air to them
for combustion, to prevent overheating and for the efficient working of any
flue.
(2) This
requirement only applies to fixed combustion appliances (including
incinerators).
3.2 Discharge
of products of combustion
(1) Combustion
appliances must have adequate provision for the discharge of products of
combustion to the outside air.
(2) This
requirement only applies to fixed combustion appliances (including
incinerators).
3.2A Warning of release of carbon monoxide
Where a combustion
appliance is installed, appropriate provision must be made, having regard to
the design and location of the appliance, to detect and give early warning of
the release of carbon monoxide at levels harmful to persons.
3.3 Protection
of Building
(1) Combustion
appliances and fluepipes must be so installed and fire-places and chimneys must
be so constructed and installed, as to reduce to a reasonable level the risk of
people suffering burns or the building catching fire in consequence of their
use.
(1A) Where
a fixed gas burning appliance provided for the purpose of space heating, water
heating or cooking is removed from a building, adequate provision must be made
to prevent gas from the gas supply pipework escaping into the building.
(2) This
requirement only applies to fixed combustion appliances (including
incinerators).
3.4 Provision
of information
Where a hearth,
fireplace, flue or chimney is provided or extended, a durable notice containing
information on the performance capabilities of the hearth, fireplace, flue or chimney
must be affixed in a suitable place in the building to enable combustion
appliances to be safely installed.
3.5 Protection
of liquid fuel storage systems
(1) Liquid
fuel storage systems and the pipes connecting them to combustion appliances must
be so constructed and separated from buildings and the boundary of the premises
as to reduce to a reasonable level the risk of the fuel igniting in the event
of fire in adjacent buildings or premises.
(2) This
paragraph applies only to –
(a) fixed
oil storage tanks with capacities greater than 90 litres and connecting
pipes; and
(b) fixed
liquefied petroleum gas storage installations with capacities greater than 150 litres
and connecting pipes,
that are located outside
the building and that serve fixed combustion appliances (including
incinerators) in the building.
3.6 Protection
against pollution
(1) Oil
storage tanks and the pipes connecting them to combustion appliances must –
(a) be so
constructed and protected as to reduce to a reasonable level the risk of the
oil escaping and causing pollution; and
(b) have
affixed in a prominent position a durable notice containing information on how
to respond to an oil escape so as to reduce to a reasonable level the risk of
pollution.
(2) This
paragraph applies only to fixed oil storage tanks, and connecting oil pipes,
that are –
(a) located
outside the building; and
(b) serve
fixed combustion appliances (including incinerators) in a building.
3.7 Height
restriction due to proximity of chimneys on an existing building
A building must not be
erected or increased in height so that any part of its roof within 2300 mm
of the chimney or flue of another building –
(a) if
the roof of the other building is a pitched roof – is higher than
600 mm below the top of any chimney or flue passing through the ridge of
that roof or is higher than 1000 mm below the top of any other chimney or
flue on that roof; or
(b) if
the roof of the other building is not a pitched roof – is higher
than 1000 mm below the top of any such chimney or flue.
PART 4 – SITE PREPARATION AND RESISTANCE TO Contaminants
and MOISTURE
4.1 Preparation
of site
(1) The
ground to be covered by a building must be reasonably free from any material
that might damage that building or affect its stability, including organic matter,
topsoil and pre-existing foundations.
(2) This
requirement does not apply to a building used wholly to store goods or to
accommodate plant or machinery, if anybody habitually employed in the building
is not employed in the building otherwise than to store, to care for or to
remove the goods, plant or machinery.
(3) Nor
does this requirement apply to a building to be used wholly for a purpose such
that –
(a) compliance
with the requirement would not serve to increase protection to the health or
safety of any person habitually employed in the building; or
(b) non-compliance
with the requirement would not cause damage to the fabric of the building.
4.2 Precautions in relation to
contaminants
(1) Reasonable
precautions must be taken to avoid danger to health and safety caused by
contaminants on, or in the ground covered, or to be covered by a building and,
contaminants on or in any land associated with that building.
(2) For
the purposes of this requirement, “contaminant” means any substance
which is, or may become, harmful to persons or buildings including substances
which are corrosive, explosive flammable, radioactive or toxic.
4.3 Subsoil
drainage
(1) Subsoil
drainage must be provided if it is needed to avoid –
(a) the
passage of ground moisture to the interior of a building; and
(b) damage
to a building.
(2) This
requirement does not apply to a building used wholly to store goods or to
accommodate plant or machinery, if anybody habitually employed in the building
is not employed in the building otherwise than to store, to care for or to
remove the goods, plant or machinery.
(3) Nor
does this requirement apply to a building to be used wholly for a purpose such
that –
(a) compliance
with the requirement would not serve to increase protection to the health or
safety of any person habitually employed in the building; or
(b) non-compliance
with the requirement would not cause damage to the fabric of the building.
4.4 Resistance
to weather and ground moisture
(1) The
walls, floors and roof of a building must adequately protect that building and
people who use it from harmful effects caused by –
(a) ground
moisture;
(b) precipitation
including wind-driven spray;
(c) interstitial
and surface condensation; and
(d) spillage
of water from, or associated with, sanitary fittings or fixed appliances.
(2) This
requirement does not apply to a building used wholly to store goods or to
accommodate plant or machinery, if anybody habitually employed in the building
is not employed in the building otherwise than to store, to care for or to
remove the goods, plant or machinery.
(3) Nor
does this requirement apply to a building to be used wholly for a purpose such
that –
(a) compliance
with the requirement would not serve to increase protection to the health or
safety of any person habitually employed in the building; or
(b) non-compliance
with the requirement would not cause damage to the fabric of the building.
PART 5 – VENTILATION
5.1 Means
of ventilation
(1) A
building must have adequate ventilation for people in it.
(2) …
(3) Sub-paragraph (1)
does not apply to a building or space within a building that –
(a) people
do not normally go in to;
(b) is
used solely for storage; or
(c) is a
garage serving a single dwelling.
5.2 Condensation
in roofs
Adequate provision must
be made in a building to prevent excessive condensation –
(a) in
its roof; or
(b) in
a roof void above an insulated ceiling.
PART 6 – DRAINAGE, HYGIENE AND WATER STORAGE
6.1 Foul
water drainage
(1) An
adequate system of drainage must be provided to carry foul water from
appliances within a building to one of the following, listed in order of
priority –
(a) a
public sewer; or, if that is not reasonably practicable;
(b) a
private sewer communicating with a public sewer; or, where that is not
reasonably practicable;
(c) a
cesspool or an appropriate packaged wastewater treatment work, the latter being
connected to an appropriate drainage field.
(2) Sub-paragraph (1)
does not apply to the diversion of water that has been used for personal
washing or for the washing of clothes, linen or other articles to collection
systems for reuse.
(3) In sub-paragraph (1) –
(a) ‘foul
water’ means waste water that comprises or includes –
(i) waste from a
sanitary convenience, bidet or appliance used for washing receptacles for foul
waste,
(ii) water
that has been used for food preparation, cooking or washing, or
(iii) trade
effluent;
(b) ‘packaged
wastewater treatment work’ means a wastewater treatment system
constructed with minimal site work using prefabricated components, such system
being constructed and tested in accordance with standards and specifications in
the relevant technical guidance document;
(c) ‘drainage
field’ means a system of irrigation pipes, either sub-surface or on the
surface soil, allowing effluent to percolate into the surrounding soil.
(4) For
the purposes of sub-paragraph (3)(b) the relevant technical guidance
document is one concerning the design and construction requirements for
packaged wastewater treatment works.
6.2 Packaged wastewater treatment works and
cesspools.
(1) A
cesspool or packaged wastewater treatment work and its drainage field, must be
sited and constructed so that –
(a) it is
not prejudicial to the health of any person;
(b) it
will not contaminate any watercourse, underground water or water supply;
(c) there
are adequate means of access for emptying and maintenance; and
(d) where
relevant, it will function to a sufficient standard for the protection of
health in the event of a power failure.
(2) A
cesspool, packaged wastewater treatment work must be –
(a) of
adequate capacity;
(b) so
constructed that it is impermeable to liquids; and
(c) adequately
ventilated.
(3) Where
a foul water drainage system from a building discharges to a cesspool, or packaged
wastewater treatment work, a durable notice must be affixed in a suitable place
in the building containing information on any continuing maintenance required
to avoid risks to health.
(4) In
this paragraph “packaged wastewater treatment work” and
“drainage field” have the same meaning as in requirement 6.1.
6.3 Rainwater
drainage
(1) Adequate
provision must be made for rainwater to be carried from the roof of a building.
(2) Rainwater
from a system provided pursuant to sub-paragraph (1) must discharge to one
of the following, listed in order of priority –
(a) an
adequate soakaway or some other adequate infiltration system; or, where that is
not reasonably practicable;
(b) a
watercourse; or, where that is not reasonably practicable;
(c) a
sewer.
(3) This
paragraph does not apply to the gathering of rainwater for reuse.
6.4 Sanitary
facilities
A building must have
adequate sanitary facilities in rooms provided for that purpose.
6.5 Hot water storage and
supply
(1) A
hot water storage system with a hot water storage vessel must be designed and
installed so as to operate safely, and in particular must incorporate
precautions to –
(a) prevent
the temperature of stored water exceeding 100°C at any time; and
(b) ensure
that any discharge from safety devices forming part of the system is safely
conveyed to a point where it is visible but will cause no danger to persons in
or about the building.
(2) Sub-paragraph (1)
does not apply to –
(a) a hot
water storage system with a hot water storage vessel having a capacity of
15 litres or less;
(b) a hot
water storage system that provides only space heating;
(c) a
system that heats or stores water only for an industrial process.
(3) A
system supplying hot water to any fixed bath must be designed and installed so
as to operate safely, and in particular must incorporate precautions to ensure
that the temperature of water delivered to the bath at any time cannot exceed
48°C.
(4) Sub-paragraph (3)
applies only when a dwelling is –
(a) erected;
or
(b) formed
as a result of a material change of use of a building.
6.6 Water efficiency
(1) A
system supplying water to a dwelling must be designed and installed with
reasonable regard to the efficient use of potable water.
(2) Sub-paragraph (1)
applies only when a dwelling is –
(a) erected;
or
(b) formed
as a result of a material change of use of a building.
PART 7 – STAIRS, RAMPS AND PROTECTIVE BARRIERS
7.1 Stairs
and ramps
(1) Any
stairs, ladder or ramp installed in or in connection with a building must be
installed and equipped so as to enable people to move safely between levels of
the building.
(2) Sub-paragraph (1)
does not apply to stairs, a ladder or a ramp used only for maintenance
purposes.
7.2 Protective
barriers
Any stairs, ramp, floor
or balcony installed in or in connection with a building, or any roof area of a
building to which people normally have access, must be guarded with barriers if
this is necessary to protect users from falling.
7.3 Vehicle
barriers
Any vehicle ramp
installed in or in connection with a building, or any floor or roof area of a
building to which vehicles have access, must be guarded with barriers if this
is necessary to provide protection for people in or about the building.
PART 8 – ACCESS TO AND USE OF BUILDINGS
8.1 Access
and use
(1) Reasonable
provision must be made for people –
(a) to gain access to; and
(b) to use,
the building and its
facilities.
(2) This
requirement does not apply –
(a) to any
part of a building that is used solely to enable the building or any service or
fitting in the building to be inspected, repaired or maintained; or
(b) to
the material alteration or extension of a dwelling.
8.2 Access to extensions to buildings
(1) Suitable
independent access must be provided to an extension of a building where
reasonably practicable.
(2) This
requirement does not apply to –
(a) an extension to a dwelling; or
(b) an extension that is used solely to enable
the building or any service or fitting in the building to be inspected,
repaired or maintained.
(3) Nor
does this requirement apply where suitable access to the extension is provided
through the extended building.
8.3 Sanitary Conveniences in extensions to
buildings
(1) If
sanitary conveniences are provided in a building that is to be extended,
reasonable provision must be made within the extension for sanitary
conveniences.
(2) This
requirement does not apply to –
(a) an extension to a dwelling; or
(b) an extension that is used solely to enable
the building or any service or fitting in the building to be inspected,
repaired or maintained.
(3) Nor
does this requirement apply where there is reasonable provision for sanitary
conveniences elsewhere in the building, such that people occupied in, or
otherwise having occasion to enter the extension, can gain access to and use
those sanitary conveniences.
8.4 Sanitary conveniences in dwellings
(1) Reasonable
provision must be made for sanitary conveniences –
(a) in
the entrance storey of dwellings; or
(b) if
the entrance storey contains no habitable rooms, in either the entrance storey
or principal storey.
(2) In
this paragraph –
“entrance
storey” means the storey that contains the principal entrance;
“principal
storey” means the storey nearest to the entrance storey that contains a
habitable room, or if there are 2 such storeys equally near, either one.
8.5 Adaptability of dwellings
Reasonable provision must be made in a
dwelling to enable it to be easily adapted at
a future date to enable occupants to cope better with reducing mobility.
PART 9 –
RESISTANCE TO THE PASSAGE OF SOUND
9.1 Protection
against sound from other parts of the building and adjoining buildings
Dwelling-houses, flats and rooms for residential purposes must be
designed and constructed in such a way that they provide reasonable resistance
to sound from other parts of the same building and from adjoining buildings.
9.2 Protection
against sound within residences, etc.
(1) Dwelling-houses,
flats and rooms for residential purposes must be designed and constructed in
such a way that –
(a) internal
walls between a bedroom or a room containing a water closet, and other rooms;
and
(b) internal
floors,
provide reasonable
resistance to sound.
(2) Sub-paragraph (1)
does not apply to –
(a) an
internal wall that contains a door;
(b) an
internal wall that separates an en-suite toilet from the associated bedroom; or
(c) existing
walls and floors in a building that is subject to a material change of use.
9.3 Reverberation
in the common internal parts of buildings containing flats or rooms for
residential purposes
(1) The
common internal parts of buildings that contain flats or rooms for residential
purposes must be designed and constructed in such a way as to prevent more
reverberation around the common parts than is reasonable.
(2) Sub-paragraph (1)
only applies to corridors, stairwells, hallways and entrance halls that give
access to a flat or room for residential purposes.
9.4 Acoustic
conditions in schools
(1) Each
room or other space in a school building must be designed and constructed in
such a way that it has the acoustic conditions and the insulation against
disturbance by noise appropriate to its intended use.
(2) In
sub-paragraph (1) –
“school” means
an institution used for full or part time education;
“school
building” means a building forming a school or part of a school.
PART 10 – GLAZING
10.1 Safety and
protection
Glazing that a person is
likely to come into contact with while moving about a building
must –
(a) be
shielded or protected from impact;
(b) resist
impact without breaking; or
(c) be
of a type that if broken on impact breaks in a way that is unlikely to cause injury.
10.2 Glazing liable
to contact
In the case of a building
that is not a dwelling, transparent glazing that a person is likely to collide
with while in passage in or about the building must –
(a) be
adequately shielded; or
(b) be
provided with features that make it noticeable.
PART 11 – CONSERVATION OF FUEL AND POWER
11.1 Conservation of energy
Reasonable provision must
be made for the conservation of fuel and power in a building by –
(a) limiting
heat gains and heat losses –
(i) through
thermal elements and other parts of the building fabric, and
(ii) from
pipes, ducts and vessels used for space heating, space cooling and hot water
services;
(b) providing
and commissioning energy-efficient fixed building services with effective
controls; and
(c) in
a case where building work is carried out in connection with a building that is
(or any component of which is) required to comply with any provision of
sub-paragraph (a) or (b), providing to the owner of the relevant building
on completion of that building work sufficient information about the building,
the fixed building services and their maintenance requirements so that the
building can be operated in such a manner as to use no more fuel and power than
are reasonable in the circumstances.
PART 12 – FIXED ELECTRICAL INSTALLATION WITH RESPECT
TO A BUILDING
12.1 Fixed electrical installation
A fixed electrical installation in, or in respect of, a building
must be designed, installed, inspected and tested so as to provide reasonable
protection against the installation or any part of it being a source of a fire
or a cause of injury to people in or about the building.