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STATUTORY INSTRUMENTS
2026 No. 335
BUILDING AND BUILDINGS, ENGLAND
The Building Regulations etc. (Amendment)
(England) Regulations 2026
Made - - - - 23rd March 2026
Laid before Parliament 24th March 2026
Coming into force in accordance with regulation 1
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 1
and 47(1) of and paragraphs 1D, 1F, 7, 8 and 10 of Schedule 1 to the Building Act 1984(1).
In accordance with section 120B(3)(2) of the Building Act 1984, the Secretary of State has
consulted the regulator (within the meaning given in section 126 of the Building Act 1984) and such
other persons as the Secretary of State considers appropriate.
Citation, commencement, extent and application
1.—(1) These Regulations may be cited as the Building Regulations etc. (Amendment) (England)
Regulations 2026.
(2) Subject to paragraph (3), these Regulations come into force on 24th March 2027.
(3) Regulations 3, 4, 6, 7, 8 and 9 come into force in relation to HRB work or work to existing
HRB on 24th September 2027.
(4) These Regulations extend to England and Wales and apply to buildings and building work
in England.
(1) 1984 c. 55. Section 1 was amended by section 1(1) to (3) of the Sustainable and Secure Buildings Act 2004 (c. 22) and by
paragraph 2 of Schedule 5 to the Building Safety Act 2022 (c. 30). Section 47(1) was amended by sections 46(1), 48(2)(a)
and 170(4) of, and paragraph 4(2) of Schedule 4 to, the Building Safety Act 2022 (c. 30), S.I. 1996/1905, article 3(2)(a) and
section 8(2) of the Sustainable and Secure Buildings Act 2004. Paragraphs 1D and 1F of Schedule 1 to the Building Act 1984
were inserted by section 33 of the Building Safety Act 2022. Paragraph 7 of Schedule 1 to the 1984 Act was amended by
section 11 of the Climate Change and Sustainable Energy Act 2006 (c. 19) and in ways not relevant to these Regulations.
Paragraph 8 of Schedule 1 to the 1984 Act was amended by section 3 of the Sustainable and Secure Buildings Act 2004.
Paragraphs 8 and 10 of Schedule 1 to the 1984 Act were amended by paragraph 83 of Schedule 5 to the Building Safety Act
2022. See section 126 of the 1984 Act for the definition of “appropriate national authority” and “prescribed”. The definition
of “appropriate national authority” was inserted by the Building Safety Act 2022, Schedule 5, paragraph 81(2).
(2) Section 120B was inserted by paragraph 77 of Schedule 5 to the Building Safety Act 2022 (c. 30).Document Generated: 2026-04-07
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Interpretation
2. In these Regulations—
“the 2013 Regulations” means the Building Regulations &c. (Amendment) (No.2) Regulations
2013(3);
“the 2021 Regulations” means the Building Regulations etc. (Amendment) (England)
Regulations 2021(4);
“building” has the meaning given in regulation 2(1)(5) of the Building Regulations;
“building control approval application for a stage of HRB work” has the meaning given in
regulation 2(1) of the HRB Regulations;
“building control approval application for HRB work” has the meaning given in regulation 2(1)
of the HRB Regulations;
“building control approval application for work to existing HRB” has the meaning given in
regulation 2(1) of the HRB Regulations;
“Building Regulations” means the Building Regulations 2010(6);
“building work” has the meaning given in regulation 2(1) of the Building Regulations;
“HRB Regulations” means the Building (Higher-Risk Buildings Procedures) (England)
Regulations 2023(7);
“HRB work” has the meaning given in regulation 2(1) of the HRB Regulations;
“work to existing HRB” has the meaning given in regulation 2(1) of the HRB Regulations.
Amendments to the Building Regulations
3.—(1) The Building Regulations are amended in accordance with paragraphs (2) to (6).
(2) In regulation 2(1) (interpretation)—
(a) in the definition of “fixed building services”(8)—
(i)in paragraph (b), omit “or”;
(ii)after paragraph (b), insert—
“(ba) fixed lifts, escalators or moving footways in new buildings, excluding
in individual dwellings; or”;
(iii)in paragraph (c), for “paragraph (a) or (b)”, substitute “paragraph (a), (b) or (ba)”.
(b) in the definition of “microgeneration”, after “means”, insert “except in paragraph L3
(functional requirement for renewable electricity generation - dwellings and buildings
containing dwellings) of Schedule 1,”.
(3) In regulation 6(1)(a)(9) (requirements relating to material change of use), in the row relating
to L1 (conservation of fuel and power), after “and power”, insert ”and minimisation of greenhouse
gas emissions”.
(3) S.I. 2013/1959.
(4) S.I. 2021/1391.
(5) The definition of “building” was inserted into regulation 2(1) by S.I. 2023/911, regulation 3. There are other amendments to
regulation 2(1) which are not relevant to this regulation.
(6) S.I. 2010/2214.
(7) S.I. 2023/909.
(8) The definition of “fixed building services” was amended by S.I. 2012/3119, regulation 3(c).
(9) Regulation 6(1) has been amended in ways not relevant to this regulation.
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(4) In regulation 23(10) (requirements for the renovation or replacement of thermal elements),
for “L1(a)(i)”, substitute “L1(1)(a)(i)”, in both places it occurs.
(5) In the heading to regulation 40 (information about use of fuel and power), after “and power”,
insert “and minimisation of greenhouse gas emissions”.
(6) After regulation 40B(11) (information about overheating), insert—
“Provision of information for the purposes of regulations 39 to 40B - new dwellings
40C. Where regulation 39, 40, 40A or 40B requires a person carrying out work to provide
information to a dwelling owner in relation to a new dwelling, the requirement will only be
met if the information is provided to the dwelling owner in an appropriate format.”.
(7) In regulation 43(12) (pressure testing), for “L1(a)(i)”, substitute “L1(1)(a)(i)”, in both places
it occurs.
(8) In regulation 44(13) (commissioning), for “L1(b)”, substitute “L1(1)(b)”, in both places it
occurs.
(9) In Schedule 1 (requirements), Part L(14) (conservation of fuel and power)—
(a) for the heading to Part L, substitute, “PART L ENERGY AND GREENHOUSE GAS
EMISSIONS”;
(b) for paragraph L1 (conservation of fuel and power), substitute—
“Conservation of fuel and power and minimisation of greenhouse gas emissions
L1
L1.—(1) Reasonable provision must be made for the conservation of fuel and power in
buildings and the minimisation of greenhouse gas emissions from buildings by—
(a) limiting heat gains and losses—
(i) through thermal elements and other parts of the building fabric; and
(ii) from pipes, ducts and vessels used for space heating, space cooling and hot water services;
(b) providing fixed building services which—
(i) are energy efficient to a reasonable standard;
(ii) minimise greenhouse gas emissions;
(iii) have effective controls; and
(iv) are commissioned by testing and adjusting as necessary to ensure they use no more fuel and
power than is reasonable in the circumstances.
(2) In this paragraph—
(10) Regulation 23 was substituted by S.I. 2012/3119, regulation 15 and Schedule, as amended by S.I. 2013/181, regulation 5
and Schedule.
(11) Regulation 40B was inserted by S.I. 2021/1391, regulation 8.
(12) Regulation 43 has been amended in ways not relevant to this regulation.
(13) Regulation 44 has been amended in ways not relevant to this regulation.
(14) Part L was amended by S.I. 2021/1391, regulation 11(a) and (b).
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L1
“greenhouse gas” has the meaning given in section 92 of the Climate Change Act 2008(15).”;
(c) after paragraph L2 (on-site generation of electricity), insert—
“Renewable electricity generation - dwellings and buildings containing dwellings
L3
L3.—(1) When a building is erected which is Requirement L3 does not apply to a building—
or contains one or more dwellings, a system
for on-site renewable electricity generation (a) which is a relevant building for the purpose
must be installed on the building or within the of regulation 7(4)(17);
boundaries of the curtilage of the building.
(b) on which it is not possible to install a
(2) The system installed for the purpose of this system for on-site renewable electricity
requirement must be— generation capable of generating a reasonable
output on account of its design and
(a) designed to enable generated electricity surroundings; or
to be available for the use of residents of the
dwellings; (c) where—
(b) capable of generating a reasonable output (i) equivalent renewable electricity generation
taking account of the building’s design and output to that required by requirement L3 is
surroundings. available to the building from a system for on-
site renewable electricity generation which is
(3) For the purposes of paragraph L3— not on the building or within the boundaries of
the curtilage of the building; and
“energy from renewable sources” has the
meaning given in regulation 25A(16); (ii) that system is designed to enable generated
electricity to be available for the use of
“microgeneration” means the use for the residents of the dwellings.”.
generation of electricity of any plant (which
for this purpose includes any equipment,
apparatus or appliance) which in generating
electricity relies wholly or mainly on energy
from renewable sources;
“system for on-site renewable electricity
generation” means a system for on-site
electricity generation which generates
electricity by microgeneration.
Amendment to the Building (Registered Building Control Approvers etc.) (England)
Regulations 2024
4. In regulation 4(2)(18) (functions of approvers) of the Building (Registered Building Control
Approvers etc.) (England) Regulations 2024(19), for paragraph (xxii), substitute—
(15) 2008 c. 27. Section 92 was amended by S.I. 2023/118, articles 1(2) and 3(3).
(17) Regulation 7(4) was inserted by S.I. 2018/1230, regulation 2(7) and amended by S.I. 2022/603, regulation 2(4)(a).
(16) Regulation 25A was inserted by S.I. 2012/3119, regulation 17 and was amended in ways which are not relevant to this Part.
(18) Regulation 4 has been amended in a way which is not relevant to this reguation.
(19) S.I. 2024/110
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“(xxii) regulations 40B (information about overheating) and 40C (provision of
information for the purposes of regulations 39 to 40B - new dwellings),”.
Transitional provision: building work which is not HRB work or work to existing HRB
5.—(1) This paragraph applies to building work on a particular building where a building notice,
an initial notice or an application for building control approval with full plans has been given to
the relevant authority in respect of that building before 24th March 2027, provided that the building
work to which the notice or application relates is commenced in relation to that building before 24th
March 2028.
(2) This paragraph applies to building work on a particular building where regulation 17(1)(b)(20)
(transitional provision) of the 2021 Regulations applies.
(3) Paragraphs (1) and (2) do not apply in relation to HRB work or work to existing HRB.
(4) Where paragraph (1) or (2) applies, the amendments made by regulations 3 and 4 do not
apply to the building work.
(5) For the purposes of paragraph (1), paragraphs (2) to (5) of regulation 46A(21) (lapse of
building control approval: commencement of work) of the Building Regulations apply to determine
whether work is to be regarded as commenced in relation to a building.
(6) In this regulation, “application for building control approval with full plans”, “building
notice”, “initial notice” and “relevant authority” have the meanings given in regulation 2(1)(22) of
the Building Regulations.
Transitional provision: HRB work - building control approval application for HRB work
6.—(1) This paragraph applies to HRB work on a particular building where a valid building
control approval application for HRB work has been submitted to the regulator in relation to that
HRB work in accordance with regulation 4(1) (building control approval applications for HRB work
or a stage of HRB work) of the HRB Regulations before 24th September 2027, provided that the
application—
(a) has not been rejected before that date; and
(b) is not rejected on of after that date.
(2) This paragraph applies to HRB work on a particular building where regulation 17(1)(b) of
the 2021 Regulations applies.
(3) Where paragraph (1) or (2) applies the amendments made by regulation 3 do not apply to
the HRB work.
Transitional provision: HRB work - building control approval application for a stage of
HRB work
7.—(1) This paragraph applies to HRB work on a particular building where a valid building
control approval application for a stage of HRB work has been submitted to the regulator in relation
to that building in accordance with regulation 4(3) (building control approval applications for HRB
work or a stage of HRB work) of the HRB Regulations before 24th September 2027, provided that
the application—
(a) has not been rejected before that date; and
(b) is not rejected on or after that date.
(20) Regulation 17(1) was amended by S.I. 2023/520, regulation 3.
(21) Regulation 46A was inserted by S.I. 2023/911, regulation 15(2).
(22) Regulation 2(1) was amended by S.I. 2023/911, regulation 3(a) and in ways not relevant to this regulation.
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(2) Where paragraph (1) applies, the amendments made by regulation 3 do not apply to any HRB
work on the particular building.
Transitional provision: work to existing HRB
8.—(1) This paragraph applies to work to existing HRB on a particular building where a valid
building control approval application for work to existing HRB has been submitted to the regulator
in relation to that building in accordance with regulation 12 (building control approval application
for work to existing HRB) of the HRB Regulations before 24th September 2027, provided that the
application—
(a) has not been rejected before that date; and
(b) is not rejected on or after that date.
(2) Where paragraph (1) applies, the amendments made by regulation 3 do not apply to the work
to existing HRB.
Transitional provision: Schedule 3 (transitional, supplementary and savings provisions) to
the HRB Regulations
9.—(1) This regulation applies in relation to HRB work or work to an existing HRB on a particular
building where—
(a) paragraph 7 of Schedule 3 (transitional, supplementary and savings provisions) to the HRB
Regulations applies in relation to that work and paragraph 11 of that Schedule does not
apply;
(b) paragraph 9 of Schedule 3 to the HRB Regulations applies and a notice has been given to
the Regulator in accordance with paragraph 9(3) of that Schedule.
(2) Where this regulation applies, the amendments made by regulations 3 and 4 do not apply in
relation to the HRB work or work to an existing HRB.
Revocations, amendments, savings and transitional provision
10.—(1) Subject to paragraph (4), regulation 9 (transitional arrangements) of the 2013
Regulations is revoked.
(2) Subject to paragraph (4), in regulation 17(1) (transitional provision) of the 2021 Regulations,
omit sub-paragraph (a).
(3) This paragraph applies in relation to building work on a particular building where immediately
before 24th March 2027, regulation 9 of the 2013 Regulations applied in relation to the building
work, provided that—
(a) the building work is started before 24th March 2028; or
(b) the building work is HRB work or work to an existing HRB.
(4) Where paragraph (3) applies in relation to building work on a particular building—
(a) the revocation made by paragraph (1) and the amendment made by paragraph (2) do not
apply in relation to that building work;
(b) the amendments made by regulations 3 and 4 do not apply in relation to that building work.
Review
11.—(1) The Secretary of State must from time to time—
(a) carry out a review of the regulatory provision contained in these Regulations; and
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(b) publish a report setting out the conclusions of the review.
(2) Section 30(4)(23) of the Small Business, Enterprise and Employment Act 2015 requires that
a report published under this regulation must, in particular—
(a) set out the objectives intended to be achieved by the regulatory provision contained in
these Regulations;
(b) assess the extent to which those objectives are achieved;
(c) assess whether those objectives remain appropriate; and
(d) if those objectives remain appropriate, assess the extent to which they could be achieved
in another way which involves less onerous regulatory provision.
(3) The first report must be published before the end of the period of five years beginning with
the day on which regulation 1 comes into force.
(4) Subsequent reports must be published at intervals not exceeding five years.
(5) In this regulation, “regulatory provision” has the same meaning as in sections 28 to 32(24)
of the Small Business, Enterprise and Employment Act 2015 (see section 32 of that Act).
Signed by authority of the Secretary of State for Housing, Communities and Local Government
Samantha Dixon
Parliamentary Under Secretary of State
Ministry of Housing, Communities and Local
23rd March 2026 Government
(23) Section 30 was amended by the Enterprise Act 2016 (c. 12), section 19(a) and (b) and by the European Union (Withdrawal)
Act 2018 (c. 16), Schedule 8, paragraph 36(a) and (b).
(24) Section 29 has been amended by the European Union (Revocation and Reform) Act 2023 (c. 28), section 18(3).
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EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations make the legislative changes needed to implement the Future Homes and
Buildings Standards (FHBS). They apply to buildings and building work in England. Those terms
are defined in regulation 2(1) of the Building Regulations 2010 (the 2010 Regulations).
Regulation 3 amends the 2010 Regulations.
Paragraph (2) amends the definition of “fixed building services” so that it includes lifts, escalators
and moving footways in new buildings otherwise than in individual dwellings and the definition of
“microgeneration”, so that it does not apply for the purpose of paragraph L3. Paragraph L3, inserted
by regulation 3(9)(c), includes a definition of “microgeneration” for the purposes of paragraph L3.
Paragraphs (3), (4), (5), (7) and (8) amend regulations 6(1)(a), 23, 40, 43 and 44 respectively to
reflect the changes made to paragraph L1 in Schedule 1 to the 2010 Regulations.
Paragraph (6) inserts a new regulation 40C to require that where information must be provided to
a dwelling owner in relation to a new dwelling, pursuant to regulations 39-40B, it is provided in
an appropriate format.
Paragraph (9) amends Part L of Schedule 1 to the 2010 Regulations to make the main legislative
changes needed to implement the FHBS in England. Sub-paragraph (a) amends the heading to Part
L. Sub-paragraph (b) updates paragraph L1 (requirement L1) so that it includes references to the
minimisation of greenhouse gas emissions and a definition of “greenhouse gas”. Sub-paragraph (c)
inserts a new functional requirement (requirement L3) for the installation of an on-site renewable
electricity system when a dwelling or a building which contains a dwelling is erected, together with
limitations on the new requirement.
Regulation 4 amends the Buildings (Registered Building Control Approvers etc.)(England)
Regulations 2024 to add a reference to new regulation 40C.
Regulations 5 to 8 provide for transitional arrangements relating, respectively, to building work
which is not HRB work or work to an existing HRB (regulation 5); HRB work for which a
valid building control approval application for HRB work has been submitted to the regulator
(regulation 6); HRB work for which a valid building control approval application for a stage of HRB
work has been submitted to the regulator (regulation 7); and work to existing HRB (regulation 8).
Regulation 9 makes transitional provision in relation to some cases to which Schedule 3 (transitional,
supplementary and savings provisions) to the Building (Higher-Risk Buildings Procedures)
(England) Regulations 2023 applies.
Regulation 10 revokes, subject to savings, transitional arrangements by the Building Regulations &
c. (Amendment) (No.2) Regulations 2013 and the Building Regulations etc. (Amendment) (England)
Regulations 2021. It also makes transitional arrangements in relation to cases where those savings
apply, so that the amendments made by regulations 3 and 4 do not apply.
Regulation 11 provides for review of the regulatory provision made by these Regulations.
A full impact assessment of the effect that this instrument will have on the costs to business is
published with an Explanatory Memorandum alongside the instrument on www.legislation.gov.uk.
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