Planning, building and the environment

Legislation

There are a number of pieces of legislation that could apply to buildings. Below are the most relevant ones although, as there may well be others relevant to your situation, you are advised to take further advice to ensure you are fully informed.

Building Act 1984

The Building Act 1984 is the enabling Act under which the Building Regulations have been made. The Secretary of State, under the power given in the Building Act 1984, may for any purposes of:

securing the health, safety, welfare and convenience of persons in or about buildings and of others who may be affected by buildings or matters connected with buildings;
furthering the conservation of fuel and power
preventing waste, undue consumption, misuse or contamination of water
furthering the protection or enhancement of the enviornment
facilitating sustainable development, or
furthering the prevention or detection of crime
make regulations with respect to the design and construction of buildings, demolition of buildings, and the provision of services, fittings and equipment in or in connection with buildings.

Copies of the Building Act 1984 and its amending legislation are available from TSO. The current regulations governing these are the Building Regulations 2000 SI 2000/2531 (as amended).

Building Regulations and Approved Inspectors Regulations

The Building Regulations 2000 and Building (Approved Inspectors etc) Regulations 2000, are made under The Building Act 1984, and apply in England and Wales. They set standards for the design and construction of buildings to ensure the safety and health for people in or about those buildings. They also include requirements to ensure that fuel and power is conserved and facilities are provided for people, including those with disabilities, to access and move around inside buildings.

The Department has published The Building Regulations Explanatory Booklet which provides an introduction to the Building Regulations in England and Wales only and is intended for anyone proposing to carry out building projects.

The Party Wall etc Act 1996

Some kinds of work carried out to a property may not be controlled by the Building Regulations, but may be work which is covered by the The Party Wall etc Act 1996 (external link). This is a separate piece of legislation with different requirements to the Building Regulations. The Party Wall etc. Act makes provision in respect of party walls and excavation and construction in proximity to certain buildings or structures. There will be some instances where both the Party Wall etc. Act and the Building Regulations apply to the work being carried out.

The Department has produced The Party Wall etc Act 1996: explanatory booklet that explains in simple terms how the Party Wall etc Act 1996 may affect someone who either wishes to carry out work covered by the Act (the Building Owner), or receives notification under the Act of proposed adjacent work (the Adjoining Owner).

The Building (Local Authority Charges) Regulations 1998

The Building (Local Authority Charges) Regulations 1998 enable local authorities in England and Wales to charge for carrying out their statutory building control functions relating to the Building Regulations.

Voluntary National Standard: Code for sustainable homes

The Code for Sustainable Homes is a voluntary national standard introduced by the Government in April 2007, to improve the overall sustainability of new homes in England. It sets a single framework within which the home building industry can design and construct homes to higher environmental standards. Where it is used, the code gives new homebuyers information about the environmental impact and the potential running costs of their new home, and offers builders a tool with which to differentiate themselves in sustainability terms.

The Construction Products Regulations 1991

The Construction Products Directive (89/106/EEC), which introduced CE marking for construction products, is implemented in the UK through the Construction Products Regulations (SI 1991/1620) (external link). These state that products must be fit for their intended purpose, and that a correctly carried out CE marking is one way of demonstrating this. There is no legal requirement under the UK Regulations for products to be CE marked before they can be put on the UK market or used in construction works.