Building Regs Circular 032020
Building Regs Circular 032020
Building Regs Circular 032020
To:
Approved Inspectors
1. I am writing to you further to new permitted development rights which are intended to
encourage the provision of new homes through the construction of additional storeys
on existing buildings including detached blocks of flats, certain commercial buildings
and dwellinghouses. Details of the rights are set out in the Town and Country
Planning (General Permitted Development and Miscellaneous Amendments)
(England) (Coronavirus) Regulations 2020 (S.I. 2020/632) and the Town and Country
Planning (General Permitted Development) (England) (Amendment) (No 2) Order
2020 (S.I. 2020/755).
3. The guidance in this Circular Letter applies to buildings and building work in England.
4. Each case must be considered on its own merits, but it is likely that where additional
storeys are added to an existing building, some work on the original part of the
building will be necessary. This may not always be set out in the approved documents
and building control bodies should consider carefully the application of the building
regulations to these projects.
5. The regulations pose a series of questions that must be considered, the first being
whether the work is deemed to be controlled and notifiable. We cannot envisage a
situation where the addition of new storeys to a building would not be notifiable
building work, so the following questions then arise;
• Regulation 4(1) - Does the work itself comply with the applicable requirements?
Each requirement should be considered in turn and all of them must be met. In
many cases, the existing building will need to be modified to allow the additional
storeys to comply. For example, where escape routes from the new
accommodation pass through the existing building, the full extent of the escape
route should be addressed to ensure it satisfies B1.
• Regulation 4(3) - Does the work result in the building, as a whole, being no less
compliant?
Each requirement should be considered and where necessary the existing building
should be modified. For instance, the increased height of the building may result in
a need to address requirement A3 & B3 for the entire building.
The regulations provide that where a change of use takes place, work must be
carried out so that the building complies with the applicable requirements listed in
regulation 6 (this includes a change to the number of dwellings in a building).
Attention is drawn to regulations 6(2)(a) and 6(3) which relate to external wall
construction.
Where the existing building has a useful floor area over 1000m 2 consequential
improvements to the energy performance may be required. This requirement
applies to the entire building and will therefore capture many medium to large sized
buildings.
Manual to the Building Regulations
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_
data/file/901517/Manual_to_building_regs_-_July_2020.pdf
Disproportionate Collapse
http://buildingcontrolalliance.org/wp-content/uploads/2017/11/BCA-GN-21-
Disproportionate-Collapse-0-Dec-2014.pdf
Sprinkler Protection
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_
data/file/887227/Approved_Document_B_May_2020_amendment_-
_Circular_letter_2020.pdf
https://www.gov.uk/government/publications/building-amendment-regulations-2018-
frequently-asked-questions/building-amendment-regulations-2018-frequently-asked-
questions
Enquiries
Telephone enquiries on this Circular Letter should be addressed to Technical Policy
Division on 0303 444 0000 and all e-mail enquiries to enquiries.br@communities.gov.uk.
Yours faithfully
F Kirwan
Deputy Director
Technical Policy Division
Building Safety Portfolio