Building Regulation 5 & 6 Material Change of Use

Guidance

Regulation 5 designates what changes of use constitute Building Work under the Building Regulations; where the building:

a) Is used as a dwelling, where previously it was not;

b) Contains a flat, where previously it did not;

c) Is used as a hotel or a boarding house, where previously it was not;

d) Is used as an institution, where previously it was not;

e) Is used as a public building, where previously it was not;

f) Is not exempt under the building regulations, where previously it was;

g) Which contains at least one dwelling, contains a greater or lesser number of dwellings than it did previously;

h) Contains a room for residential purposes, where previously it did not;

i) Which contains at least one room for residential purposes, contains a greater or lesser number of such rooms than it did previously;

j) Is used as a shop, where previously it was not; or

k) Is a relevant building, where previously it was not

Where the whole building is subject to a change of use the following matrix can be used to establish which parts in Schedule 1 should be applied. The matrix is a representation of Building Regulation 6(1).

It should be noted that the  applicable Parts apply in full, and the design team cannot rely on making the existing building “no less unsatisfactory” through Regulation 4(3).

Where a change of use is to only part of a building, for example:

• Converting one apartment into two;
• Making two apartments into one;
• Creating a retail unit on the ground floor of a non-retail building;
• Converting several individual hotel bedrooms into a single larger bedroom/suite; etc

The appropriate sections of schedule one, see matrix above, will apply to the conversions but also consideration needs to be made of the consequences to the rest of the building. For example, structural implications, horizontal and vertical means of escape routes, firefighting shafts, external walls etc. It should be noted that a building becoming a relevant building, where it previously was not, is a material change of use. Regulation 7(2) would apply to all of the existing external walls.

Vertical or horizontal extensions that increase the number of residences or rooms for residential purposes are not material changes of use. The impact on the existing building would need to be considered and improvements made where necessary. Once again where the extension has “increased risk” the design team cannot rely on making the existing building “no less unsatisfactory” through Regulation 4(3)

The design team should provide their consideration of how schedule 1 will be applied to building work that constitutes a Material Change of Use. As part of the design consideration Sweco should corroborate and document the agreed approach in the “route to compliance” section in the Building Control Plan Check Tracker.