Transitional Arrangements for Approved Documents F, L, O and S April 2022
26 April 2022
On the 15 June 2022 an update to the Building Regulations will come into force supported by Approved Document F (Ventilation), volumes 1 and 2; Approved Document L (Conservation of Fuel and Power) volumes 1 and 2; Approved Document O (Overheating) and Approved Document S (Infrastructure for charging electric vehicles).
We have developed a set of FAQs explaining the Government's transitional provisions and highlighting how in some cases these differ from previous regulatory changes.
Important note: To ensure that the Initial Notice is served in time, we will need all relevant information to be provided to us by no later than 31 May 2022. We cannot guarantee that Initial Notices will be served by the required date of 15 June 2022 if information is received after 31 May 2022.
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The provisions are plot specific for parts F, L and O
“The Amendment Regulations and new Approved Documents do not apply in relation to building work on a particular building, where a building notice or an initial notice has been given to, or full plans have been deposited with, a local authority, in respect of that building, before 15th June 2022, provided that the building work on that building is started before 15th June 2023.
In some cases, applications will be in respect of a number of buildings on a site, for example a number of houses. In such cases, it is only those individual buildings for which work is commenced which can take advantage of the transitional provisions”
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No, the requirements are site specific for part S
“The new requirements do not apply in relation to building work where a building notice or an initial notice has been given to, or full plans deposited with, a local authority before 15th June 2022 provided that the building work is started before 15th June 2023.”
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“A building is defined in Schedule 2 of the Building Regulations, but in summary a building is a newly built or converted dwelling or a number of units within one block or structure. A Building could be residential or non-residential/commercial.”
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The Government have confirmed that the following would constitute a Commencement for the purposes of the building regulations:
- excavation for strip or trench foundations or for pad footings
- digging out and preparation of ground for raft foundations
- vibrofloatation (stone columns) piling, boring for piles or pile driving
- drainage work specific to the building(s) concerned.
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The Government has confirmed that the following work would not constitute a Commencement for the purposes of building regulations:
- removal of vegetation
- demolition of any previous buildings on the site
- removal of top soil
- removal or treatment of contaminated soil
- excavation of trial holes
- dynamic compaction
- general site servicing works (e.g. roadways).
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No, the new regulations and transitional provisions only apply to buildings built in England.
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The Government definitions are suitable for the purposes of Building Regulations, however where a builder also requires NHBC warranty there are additional risks which should be considered if only commencing the work in accordance with the government guidance for Building Control only:
- excavations left exposed without concreting
- drains laid only and damaged during foundation excavation process
- part foundations prepared (differential settlement).
Therefore, for plots where NHBC warranty is also required, we will require additional work to be completed for the purposes of meeting NHBC Standards and the transitional provisions.
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Within the transition period:
- excavations must commence for the whole building before the end of the transition period
- excavations must be inspected by NHBC
- once inspected and deemed satisfactory, the excavation must be concreted
- the excavation should be suitable for the proposed building and should not be altered after concreting
- a site layout and foundation plan for each commenced plot is required.
Raft Foundations
Within the transition period:
- excavations must commence for the whole building before the end of the transition period
- excavations must be inspected by NHBC
- once inspected and deemed satisfactory, the full extent excavation must be concreted
- the excavation should be suitable for the proposed building and should not be altered after concreting
- a site layout, foundation plan and reinforcement schedule for each commenced plot is required.
Vibrofloatation/Piling
Within the transition period:
- vibrofloatation or piling must commence for the whole building before the end of the transition period
- the work should be completed as one continuous operation
- vibroflotation/piling must be inspected by NHBC
- the foundation should be suitable for the proposed building and should not be altered after concreting
- for podiums all blocks built of the area of podium built as part of the initial work to meet the transitional provisions will be deemed to have met the provisions
- a site layout, foundation plan, structural design and load tests for each commenced plot are required.
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We have concerns regarding the potential risk of drainage commencements:
- potential damage to drainage during future excavations
- difficulty in setting out as there are no buildings to measure from
- correct depths of foundations adjacent to deep drains
- risk of settlement/backfalls
- if drainage is the preferred method of commencement, this should be agreed with NHBC in advance and will be assessed on a site by site basis.
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Each site will be assessed on its merits and the exact requirements agreed by us in advance but will as a minimum require the following:
Within the transition period:
- both storm and foul drainage must commence up to 1m of the building for the whole building before the end of the transition period
- drains do not need to be laid beneath the building
- the drainage must be inspected by NHBC
- the drainage layout should be suitable for the proposed building and should not be altered after laying
- a site layout, drainage layout showing cover levels, invert levels of drainage and invert levels of foundations
- where drains are laid ahead of foundation excavation, a camera survey will be required at completion.
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To ensure that the Initial Notice is served in time we will require all relevant information to be provided to us by 31 May 2022. We cannot guarantee that Initial Notices will be served by the required date of 15 June 2022 if information is received after 31 May 2022.
What information should be provided?
- SNIN form fully completed (ideally via the NHBC Portal)
- declaration from registered builder that they would like NHBC to act as Approved Inspector and serve the Initial Notice on their behalf (either page 4 section 14 if paper/emailed copy of the SNIN form and if NHBC Portal it asks for this information as a mandatory piece, where Building Control is requested)
- optional regulations confirmed (if any applied) - this is (either page 4, section 14 if paper/emailed copy of the SNIN form and if NHBC Portal it asks for this information as a mandatory piece of information where Building Control is requested)
- Site Location Plan – showing at least one existing road name and site boundary clearly marked
- Drainage Plan – showing the connections to the drainage outfalls (foul and surface water).
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There will be no charge to serve the Initial Notice, once plots begin to start these will need to be registered with NHBC and the relevant fees paid.