The Building Regulations are made under powers provided in the Building Act 1984 and apply in England and Wales. The current edition of the regulations is the 'Building Regulations 2000' and the majority of building projects are required to comply with them.

The purpose of the Building Regulations

The purpose of the Building Regulations is to:

• secure the health, safety, welfare and convenience of people in or about buildings and of others who may be affected by buildings or matters connected with buildings
• further the conservation of fuel and power
• prevent waste, undue consumption, misuse or contamination of water.

The Building Regulations apply to the design and construction of buildings and the provision of services or fittings in or in connection with buildings.

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

For example, they:

• define what types of building, electrical, plumbing and heating projects count as 'Building Work' and are, hence, subject to control under the Building Regulations
• specify what types of buildings are exempt from control under the Building Regulations
• set out the notification procedures to follow when starting, carrying out and completing building work
• set out the 'requirements' with which the individual aspects of building design and construction must comply in the interests of the health and safety of building users, of energy conservation and access to and use of buildings.

What needs to be done to comply?

Anyone wanting to carry out building work which is subject to the Building Regulations is required by law to make sure the work complies with the regulations and, with some exceptions, to use one of the two types of Building Control services available, i.e.:

• the Building Control Service provided by the local authority or
• the Building Control Service provided by approved inspectors.

Persons carrying out work will be charged for either service. The Building Control Service selected may offer advice before the work is started.

The exceptions mentioned above arise if an approved Competent Person Scheme is used. Competent Person Schemes are approved by the Secretary of State for specific parts of the Building Regulations.

Work carried out by a registrant of such a scheme does not have to be notified to Building Control prior to the commencement, and the business concerned can self-certify that its work complies with the Building Regulations.

Compliance and responsibility

The primary responsibility for achieving compliance with the Building Regulations rests with the person carrying out the work. If householders carry out the work themselves, then the responsibility is theirs. If householders employ a business to carry out the work, then the responsibility will usually be that of the business. The position should be made clear at the outset, as part of the contract or agreement between the building owner and the business carrying out the work.

Ultimately, if the work does not comply with the Building Regulations, it is the owner of the building and/or the person or business who carried out the work who may be served with an enforcement notice.

• View the Building Regulations.