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0 Introduction This PAS addresses the new dutyholder role of Principal Designer, which is part of a drive to make buildings safer for the people who occupy them. This drive was galvanized by the Grenfell Tower fire on 14 June 2017, which prompted a review of the system for regulating high-rise residential buildings. Led by Dame Judith Hackitt, it concluded (among other findings) that the roles and responsibilities of those procuring, designing, constructing and maintaining all buildings (i.e. not just high-rise residential buildings) were unclear, and that competence across the system is variable. The UK government accepted the recommendations of her review, Building a Safer Future, Independent Review of Building Regulations and Fire Safety: Final Report, and, after consultation and due parliamentary process, introduced the Building Safety Bill [4]. 1.1 The Building Safety Bill The Building Safety Bill (BSB) 2021 sets out how the Government intends to deliver the principles and recommendations of Dame Judith Hackitt’s report. It aims to ensure that there is greater accountability and responsibility for fire and structural safety issues throughout the lifecycle of buildings. It establishes a new regulatory regime for building safety and introduces more stringent requirements for higher-risk buildings (HRBs). It also sets the scene for instituting a culture change and motivating compliance in the industry. 1.2 Higher-risk buildings The definition of higher-risk buildings (HRBs) is set out in the draft Higher-Risk Buildings (Descriptions and Supplementary Provisions) Regulations, 2021 [5]. NOTE The BSB enables the definition of HRB to be reviewed and amended over time by way of amending the Regulations. 1.3 New competence system and BSI FLEX 8670 Complementary work by the Competence Steering Group for Building a Safer Future (CSG) explored the competences needed for safety-critical disciplines working on higher risk buildings [6]. The final report, Setting the Bar, recommended that, as one of the three critical roles with oversight of building safety at each stage of a building’s lifecycle, the Principal Designer role would require enhanced competences, in addition to any discipline-specific competence. The CSG noted that individuals in the role need an overarching understanding of all aspects of building safety and the competence to interrogate design, challenge bad practice, identify major hazards, and minimize safety risks to occupiers of the completed asset. Setting the Bar paved the way for a new system for harmonizing and standardizing the competences needed to determine compliant building safety outcomes in the UK’s built environment industry as a whole, not just in HRBs. The new system of competences is underpinned by BSI Flex 8670, which establishes the overarching framework for behavioural and functional competences needed to improve both building safety outcomes and the dominant culture at work in the built environment sector. It also defines the scope and common terms of reference that discipline-, sector- or role- specific competence frameworks can conform to, aiming for consistency, reliability, and comparability regardless of the disciplines, sectors, or roles involved. NOTE This PAS 8671 is aligned to BSI Flex 8670. 1.4 New dutyholders and the Building Regulations The BSB’s strategy for driving change includes the creation of new dutyholder roles to improve compliance with the building regulations, including that of Principal Designer. Although the new Principal Designer role reflects the role of Principal Designer under the Construction (Design and Management) Regulations 2015 (hereafter referred to as the CDM
4 Functional requirements and core competences COMMENTARY ON CLAUSE 4 The primary aim of the BSB is to improve compliance with the building regulations so that buildings are safer for their users. Except in the simplest projects, the process of compliance, which is significantly affected by the design work, requires a broad range of inputs from many design disciplines using in-depth knowledge, skills, and experience of many kinds and from many professionals in the field of the design and architecture. It is unlikely that a single individual has this range or depth of competence. This is reflected in the duties placed on Principal Designers: the APICD does not require that Principal Designers have the full range and detailed technical knowledge, skills, and experience to understand how every design input can comply as part of an integrated whole. Instead, the APICD requires that Principal Designers plan, manage, monitor, and coordinate the design work. The fulfilment of Principal Designers’ duty to plan, manage, monitor, and coordinate is supported by designers’ duty to be competent to comply with building regulations to the extent required by their domain-specific competence (e.g. as architects, engineers, plumbers, or specialist consultants). It is not sufficient, however, for carrying out the Principal Designer role to be a box-ticking exercise to record designers’ claims of compliance. Individuals in the new Principal Designer role should have the competence to facilitate and orchestrate the design work, and to interrogate design inputs in a way that holds designers to account and achieves regulatory compliance. In overseeing the integration and finalisation of the design work, and liaising with the Principal Contractor, Principal Designers should be competent to analyse and evaluate building safety risks, and act on the resulting conclusions. They should also have an extensive grounding in the relevant technical and legal framework and systems of information management, and the competence to address any project-specific gaps in their own understanding. While this suggests that Principal Designers should have whole-building competence and control of the design work, there are likely to be instances where it is reasonable for other types of designer to undertake the role. The requirements of this PAS are therefore framed to include all kinds of designers regardless of their prior learning, qualifications, and sector- or discipline-specific skills, knowledge, and experience. (See Annex B1). To fulfil the duties under the APICD and the draft Building (Higher-risk Buildings) (England) Regulations, the Principal Designers will need to have a high level of personal integrity and responsibility, and to be able to communicate openly and effectively, which is why appropriate behaviour features as a functional requirement, and why the associated core competences are equivalent to those required by professional codes of conduct. The functional requirements and their related core competences in this PAS are separated into categories for ease of communication and to facilitate competence assessment. In practice, however, the separate categories overlap to a considerable extent and so are expected to be applied evenly and concurrently. The Principal Designer shall demonstrate competence by applying the functional requirements set out in 4.1- 4.8 concurrently in the performance of their duties and in carrying out the role of Principal Designer or managing the function of Principal Designer. 4.1 1 Legal framework and compliance The Principal Designer shall have the competence to oversee the design work during the design phase so that, if built as designed, the building work to which design work relates would comply with relevant building regulations. The Principal Designer shall have the core competences relating to the legal framework and compliance at the level for all buildings and, if working on a project that is or will be an HRB, at the level for HRBs, as set out below. NOTE In accordance with Bloom’s Taxonomy, the threshold level of understanding required in each of the core competences is set by the choice of verb. In Bloom’s Taxonomy, there are six levels of understanding in the cognitive domain. From lowest to highest, they are remembering; understanding; applying; analysing; evaluating; and creating. 4.1.1 Core competences relating to the legal framework and compliance for all buildings The Principal Designer shall: a) demonstrate knowledge about the general regulatory framework and legislation relevant to producing design work sufficient to coordinate ways to comply with relevant building regulations; b) demonstrate knowledge about relevant legislation to produce design work that, if built as designed, the building work to which the design work relates would comply with relevant building regulations; c) explain and, where they relate to the Principal Designer’s role, use the prescribed procedures introduced under the BSB for all projects, including HRBs; NOTE It is possible for projects that start off as non-HRBs to becomes HRBs and so it is important for all Principal Designers to understand the prescribed procedures for HRBs d) explain the requirements related to HRB design work so that, if built as designed, the HRB building work to which the design work relates would comply with relevant building regulations; e) demonstrate understanding of own duties, and explain other dutyholders’ duties and competence requirements; f) demonstrate knowledge about relevant legislation sufficient to coordinate the production of information relevant to the planning, managing, and monitoring building work to comply with relevant building regulations; g) demonstrate knowledge about relevant legislation sufficient to oversee the production of information relevant to the coordination of design work and building work to comply with relevant building regulations; and g) demonstrate knowledge about relevant legislation sufficient to coordinate the production of prescribed information for the golden thread of information in relation to HRBs. 4.1.2 Additional core competences for legal framework and compliance with the building regulations for HRBs The Principal Designer shall: 1) analyse legislation related to HRB design work so that, if built as designed, the HRB building work to which the design work relates would meet the applicable legal requirements comply with relevant building regulations; and 2) analyse relevant legislation sufficient to coordinate the production of information relevant to the planning, managing, and monitoring of building work to comply with relevant building regulations. 4.2 Design, coordination and integration The Principal Designer shall have the competence to plan, manage, monitor and coordinate the design work and analyse and evaluate its integration during the design phase so that, if built as designed, the building work to which the design work relates would comply with relevant regulations. The Principal Designer shall have the core competences for design, coordination and integration at the level for all buildings and, if working on a project that is or will be an HRB, at the level for HRBs, as set out below. 4.2.1 Core competences for the design, coordination and integration for all buildings The Principal Designer shall: a) plan, manage, and monitor design work during the design phase so that, if built as designed, the building work to which the design work relates would comply with relevant building regulations; b) plan, manage and monitor design work to coordinate the production of technical design inputs and agreed stage outputs during the design phase so that, if built as designed, the building work to which the design work relates would comply with relevant building regulations;; c) demonstrate understanding of the principles of building design (including the design of structures, fabric and services) sufficient to hold designers to account in the performance of their duties; d) assess the potential for unforeseen building safety risks to compliance to emerge when separately designed packages of design work are integrated; e) analyse technical design inputs and their integration into the design work to establish the likelihood that, if built as designed, the building work to which the integrated design work relates would comply with relevant building regulations; and NOTE 1 Principal Designers should pay attention to all considerations, including the effect of changes on interdependent design features or strategies, and systems of quality assurance for works, services, products and materials, and their limitations. f) evaluate the design work’s likelihood of compliance if built as designed, communicate results to relevant dutyholders, and coordinate corrective design work. NOTE 2 There are no additional core competences for design, coordination and integration for HRBs. 4.3 Design risk management The Principal Designer shall have the competence to analyse, monitor, manage building safety risks, and make decisions based on building safety risks during the design phase so that, if built as designed, the building work to which the design work relates would comply with relevant building regulations. The Principal Designer shall have the core competences for design risk management at the level for all buildings and, if working on a project that is or will be an HRB, at the level for HRBs, as set out below. 4.3.1 Core competences for design risk management for all buildings The Principal Designer shall: a) use the general principles of risk analysis and risk management sufficient to coordinate the identification, monitoring, and avoidance, elimination, mitigation, acceptance and control of building safety risks to compliance in the coordination and production of the design work; b) demonstrate understanding about the common hazards in existing buildings and that arise in design and building work, including those physical and systemic hazards that threaten fire safety, structural safety, and public health, sufficient to hold designers to account in the performance of their duties; c) assess the severity of potential impacts from hazards to coordinate design work that eliminates, avoids, reduces, mitigates, controls or accepts building safety risks in ways that comply with relevant building regulations; d) evaluate the potential for new building safety risks to emerge during the design phase and for the assessed severity of potential impacts of all building safety risks to change during the design phase; e) evaluate building safety risks and orchestrate proportionate responses from the design team during the design phase; and f) demonstrate understanding of the scope of relevant insurances and the limitations of relevant warranties to monitor their effect on building safety risks, and orchestrate proportionate responses from the design team and other dutyholders if building safety risks change during the design phase. 4.3.2 Additional core competences for design risk management for HRBs The Principal Designer shall evaluate building safety risks in connection with the regulated system of mandatory occurrence reporting sufficient to report events related to structural safety or fire safety in HRBs if they are assessed as posing a significant risk to life. 4.4 Design project management The Principal Designer shall have the competence to project manage the production of the design work during the design phase so that, if built as designed, the building work to which the design work relates would comply with relevant building regulations. The Principal Designer shall have the core competences for design project management at the level for all buildings and, if working on a project that is or will be an HRB, at the level for HRBs, as set out below. 4.4.1 Core competences for design project management for all buildings The Principal Designer shall: a) analyse the project management processes involved in the coordination and production of design work sufficient to comply with relevant building regulations at the same time as meeting project objectives; b) evaluate the factors that affect the management of the project during the design phase, including the effect of change; and NOTE The factors include: 1) the Client brief and project objectives, including key performance indicators; 2) the chosen procurement route and its effect on the order and progression of the design work; 3) contractual relationships between members of the design team; 4) the regulated duties and functions of members of the project team, including the Client, designers, the Principal Contractor, Contractors, Accountable Person, and Building Safety Manager, and their reciprocal arrangements for cooperating and sharing information relevant to compliance with the building regulations; 5) the limits of the design team’s competence; 6) the assignment of responsibilities in the design team; 7) the available human resources in the design team; 8) the accessibility, currency and accuracy of information about the design work, including audit trails tracking changes; 9) the available project budget; 10) the agreed production programme; 11) the analysis and management of building safety risks; and 12) the effect of insurances. c) demonstrate understanding of the factors that affect design management to plan, manage, monitor and coordinate the design work during the design phase. 4.4.2 Additional core competences for design project management for HRBs The Principal Designer shall: 1. demonstrate understanding of dutyholders’ and Building Safety Managers’ duties, functions, activities, tasks and procedures associated with design work so that, if built as designed, the HRB building work to which the design work relates would comply with relevant building regulations; 2. analyse design progress to identify and report controlled and notifiable changes; 3. create and maintain golden thread information, key building information, the design and build approach document, the fire and emergency file, a partial completion strategy, and the planning statement; and 4. create schedules of own appointees’ responsibilities in the construction control plan. 4.5 Design team facilitation and orchestration The Principal Designer shall have the competence to orchestrate design team coordination and facilitate the production of the design work during the design phase so that, if built as designed, the building work to which the design work relates would comply with relevant building regulations. The Principal Designer shall have the core competences for design team facilitation and orchestration at the level for all buildings and, if working on a project that is or will be an HRB, at the level for HRBs, as set out below. 4.5.1 Core competences for design team facilitation and orchestration for all buildings The Principal Designer shall: a) demonstrate understanding of designers’ duties and limits of competence sufficient to assign responsibilities and monitor performance against agreed objectives to produce the design work; b) demonstrate understanding of designers’ duties and limits of competence sufficient to orchestrate the design team coordination and facilitate the production of the design work; c) demonstrate understanding of the factors that motivate design team performance sufficient to comply with relevant building regulations at the same time as meeting agreed project objectives; and d) analyse designers’ limits of competence sufficient to hold them to account for meeting agreed objectives and to identify when additional competence is needed. 4.5.2 Additional core competences for design team facilitation and orchestration for HRBs The Principal Designer shall explain mandatory occurrence reporting procedures to design team members. 4.6 Information management, including the golden thread of information The Principal Designer shall have competence to use information management systems to support the planning, management, monitoring, and coordination of design work during the design phase so that, if built as designed, the building work to which the design work relates would comply with relevant building regulations, and so that sufficient information about the design work can be handed over to clients, Principal Contractors and replacement Principal Designers to allow them to fulfil the Client’s, Principal Contractor’s or replacement Principal Designer’s duties. The Principal Designer shall have the core competences for information management at the level for all buildings and, if working on a project that is or will be an HRB, at the level for HRBs, as set out below. 4.6.1 core competences for information management for all buildings The Principal Designer shall: a) use the principles of information management and related systems to coordinate the production of the design work during the design phase and to allow required information to be handed over to clients, Principal Contractors, and replacement Principal Designers; b) demonstrate knowledge about information management systems to plan, manage, and monitor design work and coordinate the design team’s outputs by maintaining relevant information; and c) analyse the principles of information management and related systems sufficient to coordinate the maintenance and communication of information relevant to the planning, managing and monitoring of building work and to allow required information to be handed over to clients, Principal Contractors, Accountable Persons, and replacement Principal Designers. 4.6.2 Additional core competences for information management for HRBs The Principal Designer shall analyse information management systems on projects involving an HRB sufficient to establish and maintain: • the golden thread of information, including the production, monitoring and communication of prescribed information; and • the mandatory occurrence reporting system. 4.7 Communication and cooperation The Principal Designer shall have the competence to communicate and cooperate in overseeing the production of the design work and in carrying out own duties during the design phase so that, if built as designed, the building work to which the design work relates would comply with relevant building regulations. The Principal Designer shall have the core competences for communication and cooperation at the level for all buildings and, if working on a project that is or will be an HRB, at the level for HRBs, as set out below. 4.7.1 Core competences for communication and cooperation for all buildings The Principal Designer shall: a) use the principles of communication and cooperation sufficient to effectively plan, manage, monitor and coordinate the production of the design work; b) devise and implement strategies for leading the design team to comply with their duties and to cooperate with other dutyholders; c) demonstrate knowledge of communication and cooperation in performing own duty to assist the Client in providing information to designers and contractors; d) demonstrate knowledge of communication and cooperation in performing own duty to liaise with the Principal Contractor and share with the Principal Contractor information relevant to the planning, management and monitoring of the building work and the coordination of design work and building work for the purpose of producing building work that complies with relevant building regulations; e) demonstrate knowledge of communication and cooperation in performing own duty to have regard to comments by the Principal Contractor about complying with relevant building regulations; f) demonstrate knowledge of communication and cooperation in performing own duty concerning relationships with other dutyholders for the purpose of producing building work that complies with relevant building regulations; and g) appraise the need to ask for assistance from appropriately competent persons when the Principal Designer’s role is beyond own skills, knowledge or experience. 4.7.2 Additional core competences for communication and cooperation for HRBs The Principal Designer shall demonstrate understanding of the procedures for notifying the Building Safety Regulator, and applying for completion certificates. 4.8 Appropriate behaviour The Principal Designer shall have the competence to behave appropriately, including by demonstrating a commitment to a strong safety culture and the personal responsibility never to take on duties beyond own competence during the design phase. The Principal Designer shall meet the core competences to demonstrate appropriate behaviour at the level for all buildings and, if working on a project that is or will be an HRB, at the level for HRBs, as set out below. 4.8.1 Core competences to demonstrate appropriate behaviour for all buildings The Principal Designer shall: a) demonstrate behaviour in accordance with the core behaviours set out in BSI Flex 8670 or any code of professional conduct aligned to BSI Flex 8670; b) analyse project-specific requirements and projects’ specific risk profiles and evaluate own competence to undertake the role or manage the functions of Principal Designer before own appointment; c) analyse the amount of support likely to be needed from within own organization and/or from third-party persons to fulfil the duties of Principal Designer for specific projects and use the information to decide whether own competence is sufficient to undertake the role or manage the function of Principal Designer before own appointment; d) analyse the limits of own competence to turn down appointments to be Principal Designer if own competence, even with delegated support, is on the balance of risk insufficient for the needs of a specific project; e) monitor and evaluate project needs and building safety risks to identify gaps in own competence, and act to fill gaps after own appointment; f) monitor and evaluate changing project needs and building safety risks to determine the likelihood that design work will comply with relevant building regulations, and refuse to carry out work if the design work cannot comply with relevant building regulations, after own appointment; g) evaluate understanding of core behaviours to: 1) ask for help; 2) cooperate with other dutyholders; 3) demonstrate having regard for Principal Contractor’s comments related to complying with relevant building regulations; 4) encourage design team members to comply with their own duties and cooperate with other dutyholders; and 5) lead the team, establish a strong safety culture, and inspire teamwork; and h) evaluate understanding of how to manage, maintain and develop own competence to undertake the role or manage the duties of Principal Designer, including through formal and/or experiential learning, and/or by adhering to the terms and conditions of ongoing Principal Designer competence certification of any awarding body, certification body or register aligned to this PAS. 4.8.2 Additional core competences to demonstrate appropriate behaviour for HRBs The Principal Designer shall: 1) evaluate project-specific requirements and projects’ specific risk profiles, and own competence to undertake the role or manage the functions of Principal Designer, before own appointment; 2) assess the amount of support likely to be needed from within own organization and/or from third-party persons to fulfil duties of Principal Designer for a specific project and use the information to decide whether own competence is sufficient to undertake the role or manage the function of PD before own appointment; and 3) judge the limit of own competence in order to turn down appointments to be Principal Designer if own competence, even with delegated support, is on the balance of risk insufficient for the needs of a specific project.
D
Provisions covering access and facilities for the fire service are to safeguard the health and safety of
people in and around the building. Their extent depends on the size and use of the building. Most
firefighting is carried out within the building. In the Secretary of State’s view, requirement B5 is met
by achieving all of the following.
a. External access enabling fire appliances to be used near the building.
b. Access into and within the building for firefighting personnel to both:
i. search for and rescue people
ii. fight fire.
c. Provision for internal fire facilities for firefighters to complete their tasks.
d. Ventilation of heat and smoke from a fire in a basement.
If an alternative approach is taken to providing the means of escape, outside the scope of this
approved document, additional provisions for firefighting access may be required. Where deviating
from the general guidance, it is advisable to seek advice from the fire and rescue service as early as
possible (even if there is no statutory duty to consult).
e. A facility to store building information for firefighters to complete their tasks.
A fire detection and alarm system should be installed where either of the
following applies.
a. A new habitable room is provided above or below the ground storey.
b. A new habitable room is provided at the ground storey, without a final exit.
Smoke alarms should be provided in the circulation spaces of the dwelling in accordance with paragraphs 1.1 to 1.4.
The external wall of a building should not provide a medium for fire spread if that is likely to be a risk to health and safety. Combustible materials and cavities in external walls and attachments to them can present such a risk, particularly in tall buildings. The guidance in this section is designed to reduce the risk of fire spread as well as the risk of ignition from flames coming from adjacent buildings.
In buildings that include a ‘residential’ purpose (purpose groups 1 and 2) with a storey 11m or more in height (see Diagram D6 in Appendix D) balconies should meet either of the following conditions.
a. Only contain materials achieving class A1 or A2-s1, d0, except for any of the following.
i. Cavity trays when used between two leaves of masonry.
ii. Intumescent and fire-stopping materials where the inclusion of the materials is necessary to meet the requirements of Part B of Schedule 1 to the Building Regulations 2010.
iii. Membranes.
iv. Seals, gaskets, fixings, sealants and backer rods.
v. Thermal break materials where the inclusion of the materials is necessary to meet the thermal bridging requirements of Part L of Schedule 1 to the Building Regulations 2010.
vi. Any material achieving class A1fl or A2fl-s1 when it forms the top horizontal floor layer of a balcony and is provided with an imperforate substrate under it which extends to the full size of the class A1fl or A2fl-s1 material.
vii. Electrical installations.
viii. Fibre optic cables.
b. Achieve both of the following conditions.
Have an imperforate soffit which extends to the full area of the balcony, achieves a minimum REI 30 rating and is constructed of materials achieving class A2-s1, d0 or better.
ii. Materials achieving class B-s1, d0 or worse extending beyond the boundary of a single
compartment should include a band of material rated class A2-s1, d0 or better, a minimum of 300mm in width centred on that boundary line.
Where regulation 7(2) applies, that regulation prevails over all the provisions in this paragraph.
Regulation 7(1A) prohibits the use of relevant metal composite materials in the external walls of all buildings of any height.
Relevant metal composite materials are defined (in regulation 2(6)(c)) as any panel or sheet, having a thickness of no more than 10mm which is composed of a number of layers two or more of which are made of metal, alloy or metal compound and one or more of which is a substantial layer made of a material having a gross calorific value of more than 35MJ/kg when tested in accordance with BS EN ISO 1716. A substantial layer is defined as a layer which is at least 1mm thick or has a mass per unit area of at least 1kg/m².
Regulation 7(1)(a) requires that materials used in building work are appropriate for the circumstances in which they are used. Regulation 7(2) sets requirements in respect of external walls and specified attachments in relevant buildings.
NOTE: Further guidance on regulation 7(1) can be found in HM Government’s Manual to the Building Regulations.
Regulation 7(2) applies to any building with a storey at least 18m above ground level (as
measured in accordance with Diagram D6 in Appendix D) and which contains one or more
dwellings; an institution; or a room for residential purposes. It requires that all materials which become part of an external wall or specified attachment achieve class A2-s1, d0 or class A1 in accordance with BS EN 13501-1, other than those exempted by regulation 7(3).
NOTE: The above includes student accommodation, care homes, sheltered housing, hospitals, dormitories in boarding schools, hotels, hostels and boarding houses. See regulation 7(4) for the definition of relevant buildings.
NOTE: Transposition to national class (Table B1) does not apply to the classification in this paragraph.
External walls and specified attachments are defined in regulation 2(6) and these definitions
include any parts of the external wall as well as balconies, solar panels and solar shading.
Regulation 7(3) provides an exemption for certain components found in external walls and specified attachments.
Regulations 5(k) and 6(3) provide that, where the use of a building is changed such that the building becomes a building described in regulation 7(4), the construction of the external walls, and specified attachments, must be investigated and, where necessary, work must be carried out to ensure they only contain materials achieving class A2-s1, d0 or class A1, other than those exempted by regulation 7(3).
Regulation 7(2) requires that the curtain and or slats of solar shading devices in a relevant building (as defined in regulation 7(4)) achieve class A1 or A2-s1, d0. The curtain of solar shading devices cannot be classified as a membrane in accordance with regulation 7(3).
Solar shading devices installed up to 4.5m above ground level are not required to meet the requirements of regulation 7(2).
This section provides guidance on resisting fire spread over external walls; however, it does not deal with fire resistance of external walls. An external wall may need fire resistance to meet the provisions of Section 3 (Means of escape – flats), Section 6 (Loadbearing elements of structure – flats), Section 11 (Resisting fire spread from one building to another) or Section 15 (Access to buildings for firefighting personnel – flats).
The provisions of regulation 7 apply in addition to requirement B4. Therefore, for buildings described in regulation 7(4), the potential impact of any products incorporated into or onto the external walls and specified attachments should be carefully considered with regard to their number, size, orientation and position.
Particular attention is drawn to the following points.
a. Membranes used as part of the external wall construction above ground level should achieve a minimum of class B-s3, d0. Roofing membranes do not need to achieve a minimum of class A2-s1, d0 when used as part of a roof connecting to an external wall.
b. Internal linings should comply with the guidance provided in Section 4.
c. Any part of a roof should achieve the minimum performance as detailed in Section 12.
d. As per regulation 7(3), window frames and glass (including laminated glass) are exempted
from regulation 7(2). Window spandrel panels and infill panels must comply with regulation 7(2).
e. Thermal breaks are small elements used as part of the external wall construction to restrict
thermal bridging. There is no minimum performance for these materials. However, they
should not span two compartments and should be limited in size to the minimum required
to restrict the thermal bridging (the principal insulation layer is not to be regarded as a
thermal break).
f. Regulation 7(2) only applies to specified attachments. Shop front signs and similar attachments are
not covered by the requirements of regulation 7(2), although attention is drawn to paragraph 10.21g.
g. While regulation 7(2) applies to materials which become part of an external wall or specified
attachment, consideration should be given to other attachments to the wall which could
impact on the risk of fire spread over the wall.
h. Any material achieving class A1fl or A2fl-s1 in accordance with BS EN 13501-1 is exempted when it
meets both of the following conditions.
i. It forms the top horizontal floor layer of a balcony.
ii. It is provided with an imperforate substrate under it which extends to the full size of the
class A1fl or A2fl-s1 material.
The external walls of buildings other than those described in regulation 7(4) of the Building Regulations should achieve either of the following.
a. Follow the provisions given in paragraphs 10.5 to 10.9, which provide guidance on all of the following.
i. External surfaces.
ii. Materials and products.
iii. Cavities and cavity barriers..
b. Meet the performance criteria given in BRE report BR 135 for external walls using full-scale test data from BS 8414-1 or BS 8414-2.
In relation to buildings of any height or use, consideration should be given to the choice of materials (including their extent and arrangement) used for the external wall, or attachments to the wall (e.g. balconies, etc.), to reduce the risk of fire spread over the wall.
The external surfaces (i.e. outermost external material) of external walls should comply with the provisions in Table 10.1. The provisions in Table 10.1 apply to each wall individually in relation to its proximity to the relevant boundary.
In a building with a storey 18m or more in height (see Diagram D6 in Appendix D) any insulation product, filler material (such as the core materials of metal composite panels, sandwich panels and window spandrel panels but not including gaskets, sealants and similar) etc. used in the construction of an external wall should be class A2-s3, d2 or better (see Appendix B). This restriction does not apply to masonry cavity wall construction which complies with Diagram 8.2 in Section 8. Where regulation 7(2) applies, that regulation prevails over all the provisions in this paragraph.
In buildings that include a ‘residential’ purpose (purpose groups 1 and 2) with a storey 11m or more in height (see Diagram D6 in Appendix D) any insulation product, filler material (such as the core materials of metal composite panels, sandwich panels and window spandrel panels but not including gaskets, sealants and similar) etc. used in the construction of an external wall should be class A2-s1, d0 or better (see Appendix B). This restriction does not apply to masonry cavity wall construction which complies with Diagram 8.2 in Section 8. Where regulation 7(2) applies, that regulation prevails over all the provisions in this paragraph.
Best practice guidance for green walls (also called living walls) can be found in Fire Performance of Green Roofs and Walls, published by the Department for Communities and Local Government. Where regulation 7(2) applies, that regulation prevails over all the provisions in this paragraph.
Cavity barriers should be provided in accordance with Section 5 in dwellinghouses and Section 8 in flats.
Exclude external walls of stairways in a protected shaft when assessing unprotected areas (see Diagram 11.5).
Where a fire resisting external wall has an external surface material that is worse than class B-s3, d2 and is more than 1mm thick, that part of the wall should be classified as an unprotected area equating to half its area (Diagram 11.4).
For dwellinghouses, access for a pumping appliance should be provided to within 45m of all points inside the dwellinghouse. Every elevation to which vehicle access is provided should have a suitable door(s), not less than 750mm wide, giving access to the interior of the building.
For buildings fitted with dry fire mains, both of the following apply.
a. Access should be provided for a pumping appliance to within 18m of each fire main inlet connection point. Inlets should be on the face of the building.
b. The fire main inlet connection point should be visible from the parking position of the appliance, and meet the provisions in Section 8 of BS 9990.
In blocks of flats (purpose group 1(a)) with a top storey over 18m above ground level (see Diagram D6 in Appendix D) an evacuation alert system should be provided in accordance with BS 8629.
A secure information box provides a secure facility to store information about a building for use by the fire service during an incident.
Blocks of flats (purpose group 1(a)) with a top storey more than 11m above ground level (see Diagram D6 in Appendix D) should be provided with a secure information box.
NOTE: Consideration should also be given to other buildings with large, complex or uncommon layouts where the provision of a secure information box may be beneficial.
The box should meet all of the following conditions.
a. Sized to accommodate all necessary information.
b. Easily located and identified by firefighters.
c. Secured to resist unauthorised access but readily accessible by firefighters.
d. Protected from the weather.
15.21 Best practice guidance can be found in Sections 2 to 4 of the Code of Practice for the Provision of Premises Information Boxes in Residential Buildings published by the Fire Industry Association (FIA).
Best practice guidance can be found in Sections 2 to 4 of the Code of Practice for the Provision of Premises Information Boxes in Residential Buildings published by the Fire Industry Association (FIA).
In buildings where a firefighting shaft is required, a minimum of two firefighting shafts should be provided in either of the following situations.
a. A building that has both of the following.
i. A storey with a floor area of 900m2 or more.
ii. A storey 18m or more above the fire and rescue service vehicle access level.
b. A building with a basement storey which is more than 900m2.
The internal arrangement of single storey or multi-storey flats should comply with paragraphs 3.15 to 3.17. Alternatively, the guidance in paragraphs 3.18 to 3.22 may be followed.
Where a flat is accessed via the common parts of a block of flats it may be necessary to provide a protected entrance hall to meet the provisions of paragraph 3.28 and Diagram 3.9.
One of the following approaches should be adopted, observing the inner room restrictions described in paragraphs 3.7 and 3.8.
a. Provide a protected entrance hall (minimum REI 30) serving all habitable rooms that meets the conditions shown in Diagram 3.2.
b. Plan the flat to meet the conditions shown in Diagram 3.3, so that both of the following apply.
i. The travel distance from the flat entrance door to any point in any habitable room is a maximum of 9m.
ii. Cooking facilities are remote from the main entrance door and do not impede the escape route from anywhere in the flat.
c. Provide an alternative exit from the flat complying with paragraph 3.19.
When multi-storey flats do not have their own external entrance at ground level, adopt one of the following approaches.
a. Approach 1 – provide at least one alternative exit from each habitable room that is not on the entrance storey of the flat (Diagram 3.5 and paragraph 3.22).
b. Approach 2 – provide at least one alternative exit from each storey that is not the entrance storey of the flat. All habitable rooms should have direct access to a protected landing (Diagram 3.6 and paragraph 3.22).
Approach 3 – provide a protected stairway plus a sprinkler system in accordance with Appendix E (smoke alarms should also be provided in accordance with Section 1).
d. Approach 4 – if the vertical distance between the entrance storey of the flat and any of the storeys above or below does not exceed 7.5m, provide all of the following.
i. A protected stairway.
ii. Additional smoke alarms in all habitable rooms.
iii. A heat alarm in any kitchen.
The following paragraphs deal with means of escape from the entrance doors of
flats to a final exit. They do not apply to flats with a top storey that is a maximum
of 4.5m above ground level (designed in accordance with paragraphs 3.15 to 3.17).
Reference should also be made to the following.
a. Requirement B3 regarding compartment walls and protected shafts.
b. Requirement B5 regarding access for the fire and rescue service.
Except for two storey blocks of flats, all escape routes should have adequate artificial lighting. If the mains electricity power supply fails, escape lighting should illuminate the route (including external escape routes).
Smoke vents should comply with one of the following.
a. They should be located on an external wall with minimum free area of 1.5m2.
b. They should discharge into a vertical smoke shaft, closed at the base, that meets all of the following criteria.
i. The shaft should conform to the following conditions.
• Have a minimum cross-sectional area of 1.5m2 (minimum dimension 0.85m in any direction).
• Open at roof level, minimum 0.5m above any surrounding structures within 2m of it horizontally.
• Extend a minimum of 2.5m above the ceiling of the highest storey served by the shaft.
ii. The free area of all the following vents should be a minimum of 1m2 in the following places.
• From the corridor or lobby into the shaft.
• At the opening at the head of the shaft.
• At all internal locations within the shaft (e.g. safety grilles).
iii. The smoke shaft should be constructed from a class A1 material. All vents should either be a smoke leakage (Sa) rated fire doorset (see Appendix C, Table C1, item 2.e for minimum fire resistance) or fitted with a smoke control damper achieving the same period of fire resistance and designed to operate as described below. The shaft should be vertical from base to head, with a maximum of 4m at a maximum inclined angle of 30 degrees.
iv. If smoke is detected in the common corridor or lobby, both of the following should occur.
• Simultaneous opening of vents on the storey where the fire is located, at the top of the smoke shaft and to the stair.
• Vents from the corridors or lobbies on all other storeys should remain closed, even if smoke is subsequently detected on storeys other than where the fire is located.
Every common stair should be a protected stairway. Where the protected stairway passes from one compartment to another, it should be within a protected shaft.
Where a storey (or part of a building) is served by a single access stair, that stair may be external provided both of the following conditions are met.
a. The stair serves a floor not more than 6m above the ground level.
b. The stair meets the provisions in paragraph 3.68.
Elements of structure such as structural frames, beams, columns, loadbearing walls (internal and external), floor structures and gallery structures should have, as a minimum, the fire resistance given in Appendix B, Table B3.
Elements of structure such as structural frames, beams, columns, loadbearing walls (internal and external), floor structures and gallery structures should have, as a minimum, the fire resistance given in Appendix B, Table B3.
NOTE: If one element of structure supports or stabilises another, as a minimum the supporting element should have the same fire resistance as the other element.
All of the following should be provided as compartment walls and compartment floors and should have, as a minimum, the fire resistance given in Appendix B, Table B3.
a. Any floor (unless it is within a flat, i.e. between one storey and another within one individual dwelling).
b. Any wall separating a flat from another part of the building.
c. Any wall enclosing a refuse storage chamber.
d. Any wall common to two or more buildings.
Cavity barriers should be provided at all of the following locations.
a. At the edges of cavities, including around openings (such as windows, doors and exit/entry points for services).
b. At the junction between an external cavity wall and every compartment floor and compartment wall.
c. At the junction between an internal cavity wall and every compartment floor, compartment wall or other wall or door assembly forming a fire resisting barrier.
This does not apply where a wall meets the conditions of Diagram 8.2.
It is not appropriate to complete a line of compartment walls by fitting cavity barriers above them. The compartment walls should extend to the underside of the floor or roof above.
Cavity barriers should meet the requirements set out in paragraphs 5.21 to 5.24.
Every joint, imperfect fit and opening for services through a fire-separating element should be sealed with fire-stopping to ensure that the fire resistance of the element is not impaired. Fire-stopping delays the spread of fire and, generally, the spread of smoke as well.
If air handling ducts pass through fire-separating elements, the fire performance of the elements should be maintained using one or more of the following four methods. In most ductwork systems, a combination of the four methods is best.
a. Method 1 – thermally activated fire dampers.
b. Method 2 – fire resisting enclosures.
c. Method 3 – protection using fire resisting ductwork.
d. Method 4 – automatically activated fire and smoke dampers triggered by smoke detectors.
This document uses the European classification system for fire resistance set out in BS EN 13501-2 to 4; however, there may be some products lawfully on the market using the classification system set out in previous editions. In those situations the alternative classifications given in Table B3 can be used.
Where it is proposed to assess the classification of a product or system in lieu of carrying out a specific test (as in paragraph B1c), this should be done in accordance with the relevant standard for extended application for the test in question and should include details of the test evidence that has been used to support the assessment.
For performance classifications where there is no specific standard for extended
application, assessment reports should be produced in accordance with the principles of BS EN 15725 and should include details of the test evidence that has been used to support the assessment. Further information on best practice is provided in the Passive Fire Protection Forum’s Guide to Undertaking Technical Assessments of the Fire Performance of Construction Products Based on Fire Test Evidence.
NOTE: Regulation 7(2) limits components used in or on the external walls of certain buildings to materials achieving class A2-s1, d0 or class A1 (see Section 12).
Assessments cannot be used to demonstrate compliance with this requirement.
H
1.—(1) These Regulations may be cited as the Fire Safety (England) Regulations 2022. (2) These Regulations come into force on 23rd January 2023. (3) These Regulations extend to England and Wales but apply in England only. (4) These Regulations do not apply in relation to domestic premises within the House of Commons or the House of Lords or to military premises.
2.—(1) In these Regulations— “Approved Document B” means Approved Document B (Fire Safety), supporting requirements B1 to B5 of Part B of Schedule 1 to the Building Regulations 2010(1);“high-rise residential building” has the meaning given in regulation 3;“lift for use by firefighters” means any lift located within a firefighting shaft, and any passenger lift which has an override switch that enables the fire and rescue service to take control of the lift;“local fire and rescue authority” means the fire and rescue authority in whose area the building is situated;“military premises” means—
(a)military barracks,
(b)a building occupied solely for the purposes of the armed forces, or
(c)a building occupied solely for the purposes of any visiting force or an international headquarters or defence organisation designated for the purposes of the International Headquarters and Defence Organisations Act 1964(2);
“secure information box” means a box of the description in regulation 4.
(2) Other expressions in these Regulations which are listed in Appendix A to Approved Document B are to be interpreted in accordance with the meaning given to those expressions in that Appendix.
3.—(1) In these Regulations “high-rise residential building” means a building containing two or more sets of domestic premises that— (a)is at least 18 metres above ground level; or (a)the height of a building is to be measured to the height to the top storey in accordance with Appendix D to Approved Document B;
(b)has at least seven storeys.
(2) For the purposes of paragraph (1)—
(b)when determining the number of storeys a building has—
(i)any storey which is below ground level is to be ignored,
(ii)any mezzanine floor is a storey if its internal floor area is at least 50% of the internal floor area of the largest storey in the building which is not below ground level, and
(iii)a storey is treated as below ground level if any part of the finished surface of the ceiling of the storey is below the ground level immediately adjacent to that part of the building.
4.—(1) The responsible person in relation to a high-rise residential building must install and maintain a secure information box in or on the building. (2) The secure information box must be— (a)positioned at a location in or on the building which is readily accessible to the fire and rescue authority; (a)the name, address and telephone number within the United Kingdom of the responsible person; (5) The responsible person must inspect the secure information box at least annually and ensure that it continues to meet the requirements in paragraph (2).
(b)capable of containing the documents required to be placed in it by these Regulations;
(c)reasonably secure from unauthorised access and vandalism.
(3) The responsible person must ensure that the following information is contained within the secure information box—
(b)the name and contact information of such other persons within the United Kingdom who are provided with the facilities to and are permitted to access the building as the responsible person considers appropriate;
(c)such documents as are required to be placed in it by these Regulations.
(4) The responsible person must provide the local fire and rescue authority with anything required to enable it to access the secure information box and must provide anything additional required as soon as reasonably practicable if there are any changes to those requirements.
5.—(1) The responsible person in relation to a high-rise residential building must prepare a record of the design of the external walls of the building, including details of the materials from which they are constructed. (2) The record prepared under paragraph (1) must include details of the level of risk identified in the risk assessment required under article 9 of the Regulatory Reform (Fire Safety) Order 2005 that the design and materials of the external walls give rise to and any mitigating steps that have been taken in respect of that risk. (3) The responsible person must prepare a revised record under paragraph (1) if there are any significant changes to the external walls of the building.
6.—(1) The responsible person in relation to a high-rise residential building must prepare a plan for each floor of the high-rise residential building. (2) The floor plans must, together, identify the location of all lifts and identify if the lift is one for use by firefighters or an evacuation lift, and the key fire-fighting equipment in the whole building. (3) If the plans for two or more floors of a high-rise residential building would be the same in all material respects, the responsible person may comply with the obligation under paragraph (1) in relation to those floors by preparing a single plan that clearly indicates the floors to which the plan relates. (4) The responsible person must also prepare a single-page building plan identifying the following— (a)the environs of the building; (6) The responsible person must update the floor plans and building plan as soon as reasonably practicable after any change to the layout of the building or location of key fire-fighting equipment. (7) In this regulation “key fire-fighting equipment” includes— (a)inlets for dry-rising mains;
(b)details of the use of the building, for example for commercial or residential purposes;
(c)access for fire and rescue appliances;
(d)the dimensions of the building;
(e)information on the number of storeys of the building and the number of basement levels (if any);
(f)information regarding the presence of maisonettes or scissor section flats;
(g)inlets for dry-rising mains;
(h)inlets for wet-rising mains;
(i)the location of shut-off controls for any sprinklers;
(j)access points for the building;
(k)the location of the secure information box;
(l)the location of the controls for any smoke control system;
(m)the location of any firefighting shaft;
(n)the location of main stairways in the building;
(o)the location of the controls for any evacuation alert system.
(5) The responsible person must place a hard copy of the floor plans and building plan required by paragraphs (1) and (4) in the secure information box.
(b)inlets for wet-rising mains;
(c)outlets for dry-rising mains;
(d)outlets for wet-rising mains;
(e)smoke control systems;
(f)suppression systems
7.—(1) The responsible person in relation to a high-rise residential building must undertake monthly routine checks of lifts for use by firefighters, evacuation lifts and essential fire-fighting equipment within the building. (2) Where the responsible person identifies any fault with a lift for use by firefighters, evacuation lift or piece of essential fire-fighting equipment, the responsible person must take steps to rectify the fault. (3) Where a fault identified under paragraph (2) cannot be rectified within a 24-hour period beginning with the time the fault is identified, the responsible person must, as soon as reasonably practicable— (a)report the fault to the local fire and rescue authority by electronic means; and (5) In this regulation— “essential fire-fighting equipment” means key fire-fighting equipment within the meaning of regulation 6(7) and any of the following located within the common parts of the building—
(b)report the rectification of the fault to the local fire and rescue authority by electronic means when it has been rectified.
(4) The responsible person must make a record of the monthly checks undertaken pursuant to this regulation and make that record accessible to the residents of the building.
(a)fire detection and fire alarm systems including any detectors linked to ancillary equipment such as smoke control systems,
(b)evacuation alert systems,
(c)automatic door release mechanisms linked to fire alarm systems;
“routine check” means a check that any lift or piece of equipment is in efficient working order and in good repair, carried out in accordance with the relevant industry standard or any recommendations made by the manufacturers of equipment within an operators’ manual.
8.—(1) The responsible person in relation to a high-rise residential building must ensure that the building contains clear markings of floor identification and identification of domestic premises. (2) For the purposes of paragraph (1), the “markings” means an identification designed and located in accordance with the guidance in Volume 1 of Approved Document B(1) on each landing within the stairways and in the lift lobbies of the floor level marked in such a way as to be visible both in low level lighting conditions or when illuminated with a torch.
9.—(1) The responsible person must display fire safety instructions in a conspicuous part of any building— (a)which contains two or more sets of domestic premises; and (a)be in a comprehensible form that the residents can be reasonably expected to understand; and (a)to a new resident of domestic premises within the building, as soon as reasonably practicable after that resident moves into the premises; and
(b)which contains common parts through which residents would need to evacuate in the case of an emergency.
(2) The fire safety instructions must—
(b)include—
(i)instructions relating to the evacuation strategy for the building,
(ii)instructions as regards how to report a fire to the fire and rescue authority, and
(iii)any other instruction that tells residents what they must do when a fire has occurred.
(3) The responsible person must provide a copy of the instructions referred to in paragraph (1)—
(b)to all residents of domestic premises within the building within each period of 12 months beginning with the date these Regulations come into force.
(4) After any material changes to the instructions, the responsible person must display the fire safety instructions in accordance with paragraph (1) and provide a copy to residents.
10.—(1) The responsible person, in relation to a building which contains two or more sets of domestic premises and which contains common parts through which residents would need to evacuate in the case of an emergency, must provide the required information about fire doors to the residents of the building. (2) The required information referred to in paragraph (1) is information to the effect that (a)fire doors should be kept shut when not in use; (a)to a new resident of domestic premises in the building, as soon as reasonably practicable after that resident moves into the premises; and (5) The responsible person must keep a record of the steps taken to comply with the obligation in paragraph (4) including in any case where access to the domestic premises was not granted during any 12 month period, the steps taken by the responsible person to try and gain access. (6) The responsible person in relation to a building which contains two or more sets of domestic premises and which is above 11 metres in height, must undertake checks of any fire doors in communal areas of the building at least every 3 months. (7) The checks required by paragraphs (4) and (6) must include ensuring that the self-closing devices for the doors are working. (8) For the purposes of this regulation, height measurement of a building is to be calculated to the height to the top storey in accordance with regulation 3(2)(a).
(b)residents or their guests should not tamper with the self-closing devices; and
(c)residents should report any faults or damages with doors immediately to the responsible person;
(3) The required information must be provided by the responsible person—
(b)to all residents of domestic premises within the building, within each period of 12 months beginning with the date these Regulations come into force.
(4) The responsible person, in relation to a building which contains two or more sets of domestic premises and which is above 11 metres in height, must use best endeavours to undertake checks of fire doors at the entrances of individual domestic premises in the building at least every 12 months.
11. The responsible person in relation to a high-rise residential building must provide the local fire and rescue authority by electronic means with the documents specified in— (a)regulation 5 (design and materials in external walls); and
(b)regulation 6 (floor plans and building plan).
12.—(1) At intervals of no more than 5 years, the Secretary of State must— (a)carry out a review of the operation and effect of these Regulations; and (a)set out the objectives intended to be achieved by these Regulations;
(b)publish the conclusions of the review in a report.
(2) Any report must in particular—
(b)assess the extent to which those objectives are achieved;
(c)assess whether those objectives remain appropriate; and
(d)where the objectives remain appropriate, assess the extent to which they could be more effectively achieved.
These Regulations are made under article 24(1) of the Regulatory Reform (Fire Safety) Order 2005 (“the Fire Safety Order”), which enables the making of regulations regarding precautions to be taken or observed in relation to the risk to safety of persons from fire in premises to which that Order applies. Regulation 3 defines “high-rise residential building” and regulations 4 to 8 impose obligations on the responsible person (defined in article 3 of the Fire Safety Order) in relation to such buildings. These obligations require wayfinding signage, a secure information box to be installed in the building and for various plans and information to be placed within the box and for fire-fighting equipment to be regularly inspected. Regulations 9 and 10 impose obligations on responsible persons as regards information to residents and fire doors in all residential buildings with communal areas. Regulation 11 requires certain information to be supplied to fire and rescue authorities. An impact assessment of the effect that this instrument will have on the costs to business and the voluntary sector is available from the Fire Safety Unit, Home Office, 2 Marsham Street, London SW1P 4DF and is published with an Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.
1.—(1) These Regulations may be cited as the Building etc. (Amendment) (England) Regulations 2022. (2) These Regulations extend to England and Wales. (3) These Regulations do not apply to any building in Wales (and “building” has the meaning given in regulation 2(1) of the Building Regulations 2010(2)). (4) These Regulations come into force on 1st December 2022.
2.—(1) The Building Regulations 2010 are amended in accordance with the following provisions. (2) In regulation 2(6) (interpretation)— (a)at the end of sub-paragraph (a)(iv) omit “and”; and (a)in paragraph (1)(c) for “fifteen” substitute “eleven”; (4) In regulation 7 (materials and workmanship)— (a)after paragraph (1) insert— (b)for paragraph (2) substitute— (c)in paragraph (3)— (k)materials which form the top horizontal floor layer of a balcony which are of European Classification A1fl or A2fl-sl (classified in accordance with the reaction to fire classification) provided that the entire layer has an imperforate substrate under it.”;
(b)for sub-paragraph (b) substitute—
“(b)“reaction to fire classification” means BS EN 13501-1:2018 entitled “Fire classification of construction products and building elements. Classification using data from reaction to fire tests.” published by the British Standards Institution in 2019;
(c)“relevant metal composite material” means any panel or sheet, having a thickness of no more than 10mm, which is comprised of a number of layers—
(i)two or more of which are made of metal, alloy or metal compound; and
(ii)one or more of which is substantial and is made of a material having a gross calorific value of more than 35 MJ/kg when tested in accordance with BS EN ISO 1716:2018 entitled “Reaction to fire tests for products – Determination of the gross heat of combustion (calorific value)” published by the British Standards Institution in 2018;and for these purposes a substantial layer is one which is at least 1mm thick or has a mass per unit area of at least 1kg per m²;
(d)“specified attachment” means—
(i)a balcony attached to an external wall;
(ii)a solar shading device (excluding a solar shading device attached to the wall at a height of no more than 4.5 metres above ground level); or
(iii)a solar panel attached to an external wall; and
(e)“solar shading device” means a device attached to the external surface of an external wall for reducing heat gain within a building by shading or deflecting sunlight.”
(3) In regulation 6 (requirements relating to material change of use)—
(b)for paragraph (3) substitute—
“(3) Subject to paragraph (4), where there is a material change of use described in regulation 5(k), such work, if any, shall be carried out as is necessary to ensure that any external wall, or specified attachment, of the building only contains materials of European Classification A2-s1, d0 or A1 (classified in accordance with the reaction to fire classification).”
“(1A) Building work shall be carried out so that relevant metal composite material does not become part of an external wall, or specified attachment, of any building.”;
“(2) Subject to paragraph (3), building work shall be carried out so that materials which become part of an external wall, or specified attachment, of a relevant building are of European Classification A2-s1, d0 or A1 (classified in accordance with the reaction to fire classification).”;
(i)after sub-paragraph (d) insert—
“(da)fibre optic cables;”;
(ii)in sub-paragraph (e) after “ground level” insert “or up to 300mm above that level”;
(iii)after sub-paragraph (h) insert—
“(ha)components associated with a solar shading device excluding components whose primary function is to provide shade or deflect sunlight such as the awning curtain or slats;”
(iv)at the end of sub-paragraph (i) omit “or”;
(v)at the end of sub-paragraph (j) insert—
“; or
(d)in paragraph (4)(a)(iii) omit “(excluding any room in a hostel, hotel or boarding house)”.
3.—(1) After regulation 1(3) of the Building Regulations etc. (Amendment) (England) Regulations 2021(1) insert— “(4) In this regulation and regulation 17, “building” and “building work” have the meanings given in regulation 2(1) of the Building Regulations 2010.”. (2) After regulation 1(4) of the Building Regulations etc. (Amendment) (England) (No. 2) Regulations 2021(2) insert— “(5) In this regulation and regulation 4, “building” and “building work” have the meanings given in regulation 2(1) of the Building Regulations 2010.”.
4.—(1) The amendments made by regulation 2 do not apply in any case where a building notice or initial notice has been given to, or full plans deposited with, a local authority before the day these Regulations come into force and either the building work to which it relates— (a)has started before that day; or
(b)is started within the period of six months beginning on that day.
(2) In this regulation, “building notice”, “building work”, “full plans” and “initial notice” have the meanings given in the Building Regulations 2010.
Regulation 2 of these Regulations amends the Building Regulations 2010 (S.I. 2010/2214). The amendment in regulation 2(2) inserts a new definition of reaction to fire classification which updates the classification to the most recent version published in 2019 by the British Standards Institution. It also inserts a new definition of relevant metal composite material and includes reference to solar shading devices in the definition of ‘specified attachment’. It also provides a definition of solar shading devices. Regulation 2(3) provides that where a building’s use has changed such that it falls within the definition of a relevant building where previously it did not, materials which form part of the external wall or specified attachment must meet the updated reaction to fire classification. Regulation 2(4)(a) prohibits relevant metal composite material becoming part of the external wall or a specified attachment when building work is undertaken. Regulation 2(4)(b) provides that when work is done on a relevant building any material that becomes part of the external wall or a specified attachment must meet the updated reaction to fire classification. Regulation 2(4)(c) adds to the list of exemptions from the requirement of materials to meet the reaction to fire classification standard. It exempts fibre optic cables and components of solar shading devices excluding those whose primary function is to provide shade or deflect sunlight such as awning curtains or slats. It extends the exemption on insulation and waterproofing materials used below ground level to such materials used up to 300mm above that level. It also exempts materials which form the top horizontal floor layer of a balcony which are of European Classification A1fl or A2fl-sl provided that the entire layer has an imperforate substrate under it. Regulation 2(4)(d) amends the definition of relevant building with the effect that the combustible materials prohibition in regulations 6(3) and 7(2) now applies to hostels, hotels, and boarding houses. Regulation 3 amends the Building Regulations etc. (Amendment) (England) Regulations 2021 and the Building Regulations etc. (Amendment) (England) (No. 2) Regulations 2021 to define “building” and “building work” for certain purposes in those Regulations. Regulation 4 contains transitional provisions. The changes in regulation 2 will not apply where a building notice or an initial notice has been given, or full plans deposited, with a local authority before the day the Regulations come into force and the work has either started by that day or starts in the 6 months following that day. An impact assessment of the effect that this instrument will have on the costs of business, the voluntary sector and the public sector is available with the explanatory memorandum for these Regulations at www.legislation.gov.uk. A copy is also available from the Department of Levelling Up, Housing and Communities, 2 Marsham Street, London SW1P 4DF. Copies of the British Standard referred to in these Regulations can be obtained from www.bsigroup.com and hard copies can be obtained from BSI Customer Services, 389 Chiswick High Road, London W4 4AL (telephone number 0345 086 9001), and are also made available for inspection free of charge by contacting the Building Regulations Technical Policy Team at the Department of Levelling Up, Housing and Communities, 2 Marsham Street, London SW1P 4DF.