This Approved Document, which takes effect on 1 October 2010, deals with combustion appliances and fuel storage systems in the Building Regulations 2010 (as amended).
Limitation on requirements
In accordance with regulation 8 of the Building Regulations, the requirements in Parts A to D, F to K and N and P (except for paragraphs G2, H2 and J6) of Schedule 1 to the Building Regulations do not require anything to be done except for the purpose
of securing reasonable standards of health and safety for persons in or about buildings (and any others who may be affected by buildings or matters connected with buildings).
Paragraph G2 is excluded from regulation 8 as it deals with the conservation of water. Paragraphs H2 and J6 are excluded from regulation 8 because they deal directly with prevention of the contamination of water and of oil pollution. Parts E and M (which
deal, respectively, with resistance to the passage of sound and access to and use of buildings) are excluded from regulation 8 because they address the welfare and convenience of building users. Part L is excluded from regulation 8 because it addresses
the conservation of fuel and power. All these matters are amongst the purposes, other than health and safety that may be addressed by Building Regulations.
Types of work covered by this Approved Document
Building work, as defined in regulation 3 of the Building Regulations 2010, includes the erection and extension of a building, the provision or extension of a controlled service or fitting, and the material alteration of a building or a controlled service
or fitting. In addition, Building Regulations may apply in cases where the purposes for which or the manner or circumstances in which a building or part of a building is used change in the way that constitutes a material change of use. Under regulation
4 of the Building Regulations 2010 (as amended), building work should be carried out in such a way that, on completion of work,
i. the building complies with the applicable Parts of Schedule 1 to the Building Regulations,
ii. in the case of an extension or material alteration of a building, or the provision, extension or material alteration of a controlled service or fitting, where it did not comply with any such requirement, it is no more unsatisfactory in relation to
that requirement than before the work was carried out.
Work described in Part J concerns the provision or extension of controlled services or fittings. Work associated with installations covered in these sections may be subject to other relevant Parts of the Building Regulations.
Material change of use
A material change of use occurs in specified circumstances in which a building or part of a building that was previously used for one purpose will be used in future for another. Where there is a material change of use the Building Regulations set requirements
that must be met before the building can be used for its new purpose.
Regulation 5 of the Building Regulations specifies the following circumstances as material changes of use:
a building is used as a dwelling where previously it was not.
a building contains a flat where previously it did not.
a building is used as an hotel or boarding house where previously it was not.
a building is used as an institution where previously it was not.
a building is used as a public building where previously it was not.
a building no longer comes within the exemptions in Schedule 2 to the Building Regulations where previously it did.
a building which contains at least one dwelling contains a greater or lesser number of dwellings than it did previously.
a building contains a room for residential purposes where previously it did not.
a building which contains at least one room for residential puposes contains a greater or lesser number of such rooms than it did previously.
a building is used as a shop where previously it was not.
Parts J1 to J4 will apply to all the material changes of use mentioned above which means that whenever such changes occur the building must be brought up to the standards required by Parts J1 to J4.
Buildings included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979 are exempt from compliance with the requirements of the Building Regulations.
There are other classes of buildings where special consideration may be needed in deciding what is adequate provision for compliance with Part J:
a. listed buildings;
b. buildings situated in designated conservation areas;
c. buildings which are of architectural or historic interest and which are referred to as a material consideration in a local authority’s development plan; and
d. buildings of architectural and historical interest within national parks, areas of outstanding or natural beauty and world heritage sites.
It would not normally be considered appropriate to relax the requirements of Part J since they relate to health and safety. However, it may be necessary to seek alternative technical solutions to those set out in this approved document in order to achieve
reasonable standards of safety without prejudicing the character of the host building or increasing the risk of long-term deterioration of the building’s fabric or fittings.
In determining what is appropriate in the circumstances, the advice of the local authority’s conservation officer should be sought. The views of the conservation officer are particularly important where building work requires planning permission and/or
listed building consent.
Notification of work
In almost all cases of new building work it will be necessary to notify a Building Control Body (BCB) in advance of any work starting. There are two exceptions to this: where work is carried out under a self-certification scheme listed in Schedule 3,
and where work is listed in Schedule 4 to the Building Regulations as being not notifiable.
Competent person self-certification schemes under Schedule 3
Under regulation 12(6) of the Building Regulations it is not necessary to notify a BCB in advance of work which is covered by this Approved Document if that work is of a type set out in column 1 of Schedule 3 to the Regulations and is carried out by a
person registered with a relevant self-certification (competent persons) scheme as set out in column 2 of that Schedule. In order to join such a scheme a person must demonstrate competence to carry out the type of work the scheme covers, and also
the ability to comply with all relevant requirements in the Building Regulations.
There are a number of schemes authorised for the installation of combustion appliances. Details of current schemes including those relating to combustion appliances can be found from www.communities.gov.uk/planningandbuildingregulations/competentpersonsschemes.
Full details of the schemes can be found on the individual scheme websites.
Where work is carried out by a person registered with a competent person scheme, regulation 20 of the Building Regulations and regulation 20(1) of the Building (Approved Inspectors etc.) Regulations 2010 require that the occupier of the building be given,
within 30 days of the completion of the work, a certificate confirming that the work complies with all applicable Building Regulation requirements. There is a also requirement that the BCB be given a notice that this has been done, or a copy of the
certificate, again within 30 days of the completion of the work. These certificates and notices are usually made available through the scheme operator.
BCBs are authorised to accept these certificates as evidence of compliance with the requirements of the Building Regulations. However, local authority inspection and enforcement powers remain unaffected, although they are normally used only in response
to a complaint that work does not comply.
Work which is not notifiable under Schedule 4
Schedule 4 to the Building Regulations sets out types of work where there is no requirement to notify a BCB that work is to be carried out. These types of work are mainly of a minor nature where there is no significant risk to health, safety, water efficiency
or energy efficiency. Health, safety, and energy efficiency requirements continue to apply to these types of work; only the need to notify a BCB has been removed.
Where only non-notifiable work as set out in Schedule 4 is carried out, there is no requirement for a certificate confirming that the work complies with Building Regulation requirements to be given to the occupier or the BCB.
In general, all work on a combustion appliance which is not a repair or maintenance will be notifiable work and Schedule 4 will not apply. However, it might be possible to add a control device to the appliance or to alter its electrical connection under
the allowance in this schedule. Local authority building control departments can give advice in cases of doubt.
Schedule 2 to the Building Regulations sets out a number of classes of buildings which are exempt from all Building Regulations requirements, including those in Part J.
Please note that the Gas Safety (Installation and Use) Regulations apply to buildings exempt under the Building Regulations.
Materials and workmanship
Any building work which is subject to the requirements imposed by Schedule 1 to the Building Regulations shall be carried out in accordance with regulation 7. Guidance on meeting these requirements on materials and workmanship is contained in Approved
Building Regulations are made for specific purposes, primarily the health and safety, welfare and convenience of people and for energy conservation. Standards and other technical specifications may provide relevant guidance to the extent that they relate
to these considerations. However, they may also address other aspects of performance or matters which, although they relate to health and safety etc., are not covered by the Building Regulations.
When an Approved Document makes reference to a named standard, the relevant version of the standard to which it refers is the one listed at the end of the publication. However, if this version has been revised or updated by the issuing standards body,
the new version may be used as a source of guidance provided it continues to address the relevant requirements of the Regulations.
The Department of Communities and Local Government occasionally issues additional material to aid interpretation of the guidance in Approved Documents. This material may be conveyed in official letters to chief executives of local authorities and Approved
Inspectors and/ or posted on the websites accessed through: www.communities.gov.uk/planningandbuilding/ buildingregulations/.
Interaction with other legislation
The Workplace (Health, Safety and Welfare) Regulations 1992
The Workplace (Health, Safety and Welfare) Regulations 1992 contain some requirements which affect building design. The main requirements are now covered by the Building Regulations, but for further information see: Workplace health, safety and welfare.
Workplace (Health, Safety and Welfare) Regulations 1992. Approved Code of Practice L24. Published by HSE Books 1992 (ISBN 0 7176 0413 6).
The Workplace (Health, Safety and Welfare) Regulations 1992 apply to the common parts of flats and similar buildings if people such as cleaners and caretakers are employed to work in these common parts. Where the requirements of the Building Regulations
that are covered by this Part do not apply to dwellings, the provisions may still be required in the situations described above in order to satisfy the Workplace Regulations.
The Clean Air Act 1993
Under the Clean Air Act 1993 local authorities may declare the whole or part of the district of the authority to be a smoke control area. It is an offence to emit smoke from a chimney of a building, from a furnace or from any fixed boiler if located in
a designated smoke control area unless an authorised fuel was used. It is also an offence to acquire an ‘unauthorised fuel’ for use within a smoke control area unless it is used in an ‘exempt’ appliance (‘exempted’ from the controls which generally
apply in the smoke control area).
Authorised fuels are fuels which are authorised by Statutory Instruments (Regulations) made under the Clean Air Act 1993. These include inherently smokeless fuels such as gas, electricity and anthracite together with specified brands of manufactured solid
smokeless fuels. These fuels have passed tests to confirm that they are capable of burning in an open fireplace without producing smoke.
Exempt appliances are appliances (ovens, wood burners, boilers and stoves) which have been exempted by Statutory Instruments (Orders) under the Clean Air Act 1993. These have passed tests to confirm that they are capable of burning an unauthorised or
inherently smoky solid fuel without emitting smoke.
More information and details of authorised fuels and exempt appliances can be found on the internet at http://smokecontrol.defra.gov.uk/
The guidance in this Approved Document provides a way of ensuring that combustion appliances can function safely. For combustion appliances to continue to work safely and effectively it is essential that they are adequately and regularly serviced and