Building Regulations 1997

Material changes of use.

13

F11[13. (1) Subject to articles 3 and 8, where a material change of use as regards a building takes place—

(a) the requirements of the following Parts of the Second Schedule, namely:

(i) Parts A1 and A2,

Part A1 and A2,

Part B,

Part C4,

Part F,

Part G,

Part H,

Part J, and

Part L,

and

(ii) in Part M—

(I) M1, M2, M3 and M5, and

(II) M4, having regard to the building size and use,

where a material change of use as described in sub-article (2)(b)(i), (ii), (iv), (vi), (vii) or (viii) takes place,

shall apply to the building, and

(b) such works, if any, as are necessary the building complies with these requirements, shall be carried out in accordance with article 11.]

F12[(2) A material change of use as regards a building shall be deemed to take place if—

(a) a change of use, deemed by section 3(3) of the Act to be a material change of use, takes place, or

(b) a building which was not being used as—

(i) a day centre, becomes so used, or

(ii) a hotel, hostel or guest building, becomes so used, or

(iii) an industrial building – normal hazard, becomes so used, or

(iv) a care facility building, becomes so used, or

(v) an office (which is not ancillary to the primary use of the building), becomes so used, or

(vi) a place of assembly, becomes so used, or

(vii) a shop (which is not ancillary to the primary use of the building), becomes so used, or

(viii) a shopping centre, becomes so used, or

(ix) an industrial building – high hazard, becomes so used, or

(x) a storage building – high hazard, becomes so used, or

(xi) a storage building – normal hazard, becomes so used.]

Annotations

Amendments:

F11

Substituted (1.01.2023) by Building Regulations (Part M Amendment) Regulations 2022 (S.I. No. 608 of 2022), reg. 6, in operation as per reg. 1(3), subject to transitional provisions in reg. 3.

F12

Substituted (1.05.2025) by Building Regulations (Part B Amendment) Regulations 2024 (S.I. No. 108 of 2024), reg. 5, in operation as per reg. 1(3), subject to transitional provisions in reg. 3.

Editorial Notes:

E5

Previous affecting provision: para. (1)(a) substituted (1.07.2015) by Building Regulations (Part E Amendment) Regulations 2014 (S.I. No. 606 of 2014), reg. 4, in operation as per reg. 2, subject to transitional provisions in reg. 3; paragraph substituted (1.01.2023) by Building Regulations (Part M Amendment) Regulations 2022 (S.I. No. 608 of 2022), reg. 6, in operation as per reg. 1(3), subject to transitional provisions in reg. 3.

E6

Previous affecting provision: sub-reg. (1)(a) amended (1.01.2012) by Building Regulations (Part M Amendment) Regulations 2010 (S.I. No. 513 of 2010), reg. 4(2), in operation as per reg. 2, subject to transitional provisions in reg. 3; superseded (1.07.2015) by Building Regulations (Part E Amendment) Regulations 2014 (S.I. No. 606 of 2014), reg. 4, in operation as per reg. 2, subject to transitional provisions in reg. 3.