Building Bye-laws
(Jersey) 2007
Made 22nd June 2007
Coming into force 1st
July 2007
THE MINISTER FOR PLANNING AND ENVIRONMENT, in pursuance of Articles 30 and
124 of the Planning and Building (Jersey) Law 2002[1] and after publicizing his
proposals and seeking comments and input from the public, orders as follows –
PART 1
GENERAL
1 Interpretation
(1) In
these bye-laws, unless the context otherwise requires –
“basement” means a
storey of a building the floor of which is at any point more than 1.2 m below
the finished surface of the ground adjacent to the building at that point;
“boundary” means the
boundary of the corpus-fundi upon which a building is built or is proposed to
be built;
“building” means –
(a) a
permanent or temporary structure with a roof;
(b) a
part of a building;
(c) a
covered area; and
(d) for
the purposes of requirement 1.1 and 1.2, a retaining wall;
“building permit”
means a permit that authorizes work to be carried out for which authority is
required in pursuance of a provision of these bye-laws;
“building work”
means any of the following –
(a) the
erection or extension of a building;
(b) subject
to paragraph (c), the provision or extension of a controlled service or
fitting in or in connection with a building;
(c) the
provision or extension of a controlled service or fitting –
(i) in or in
connection with an existing dwelling, and
(ii) being a service
or fitting in relation to which Part 11 but not Part 3 or Part 6 of Schedule 2
imposes a requirement,
where the work consists of the provision of a window, roof window,
door (being a door which together with its frame has more than 50% of its
internal face area glazed), a space heating or hot water service boiler, or hot
water vessel;
(d) a
material alteration;
(e) work
required in accordance with bye-law 6 due to a material change of use of a
building;
(f) work
involving the underpinning of a building;
(g) the
provision, alteration or extension of a fixed electrical installation in a
building including, where such a installation is altered or extended, any work
on the existing fixed electrical installation of the building;
“combustion appliance”
means a fixed heat producing appliance designed to burn solid fuel, oil or gas;
“controlled service or fitting”
means a service or fitting in relation to which Part 3, Part 6 or Part 11 of Schedule
2 imposes a requirement;
“covered area” means a
roofed structure that is open on at least 2 sides except for roof supports;
“dwelling” means a
dwelling-house, flat or other private residential accommodation and whether or
not it is used –
(a) on
a permanent basis; or
(b) as
tourist accommodation;
“electrical installation”
means fixed electrical cables of fixed electrical equipment located on the
consumer’s side of the electricity supply meter;
“erection of a building”
includes the re-erection of –
(a) a
building; or
(b) part
of a building,
that has been substantially demolished so as to leave only the external
walls;
“flat” means a
separate dwelling that forms part of a building and is divided horizontally
from some other part of the building and whether or not –
(a) it
is a single storey dwelling;
(b) facilities
used or intended to be used for cooking or sanitary purposes are shared with
other dwellings in that building; or
(c) it
forms part of a lodging house;
“floor area”, in
respect of a building or an extension of a building, means the aggregate of the
areas of all the floors in the building or the extension, the area of each
floor being calculated by reference to the finished internal faces of the walls
enclosing the area, or if at any point there is no such wall, by reference to
the outermost edge of the floor;
“habitable room”
means a room used or intended to be used for living, sleeping, dining or
cooking purposes;
“independent access”,
in respect of a part of a building (including an extension to a building),
means, a route of access to the part that does not require the user to pass
through any other part of the building;
“institution” means
an institution (whether described as a hospital, home, school or other similar
establishment) that is used as living accommodation for, or the treatment, care
or maintenance of persons –
(a) suffering
from disabilities due to illness or old age or other physical or mental
incapacity; or
(b) under
the age of 5 years,
where the persons sleep on the premises;
“Law” means the
Planning and Building (Jersey) Law 2002[2];
“lodging house” has
the meaning given to that expression by Article 1 of the Lodging Houses (Registration) (Jersey) Law 1962[3];
“material alteration”
means any work done to a building, or to a controlled service or fitting, or to
the fixed electrical installation of a building so that at any stage it could
result in –
(a) it
no longer complying with requirements 1.1, 1.2, 1.3, 2.1, 2.2, 2.3, 2.4, 2.5, 3.1,
3.2, 3.3, 3.5, 3.6, 6.1, 6.2, 6.5, 8.1, 8.2, 8 3, 8.4, or 12.1 where previously
it did so; or
(b) where
it previously failed so to comply, its falling further short of compliance with
such requirements;
“material change of use”
means a change of use of a building in accordance with bye-law 2;
“public building”
means a building consisting of or containing –
(a) a
theatre, public library, hall or other place of public resort;
(b) a
school or other educational establishment;
(c) a
place of public worship,
but a building is not a place of public resort solely because –
(d) it
is, or it contains, a shop, storehouse or warehouse; or
(e) it
is a dwelling to which members of the public are occasionally admitted;
“published”, in
respect of any matter, means published in a manner that is likely to bring the matter
to the attention of those affected by it;
“retaining wall”
means a wall, not forming part of a permanent building –
(a) that
confines, or is intended to confine, earth or other material on 1 side only;
and
(b) where
the difference in height between the ground on each side of the wall is at
least 1 metre;
“room for residential purposes”
means a room, or suite of rooms –
(a) that
is not a dwelling house or flat; and
(b) that
is used by one or more persons to live and sleep in,
and includes rooms in hotels, hostels, guest houses, halls of
residence and residential homes but does not include rooms in hospitals, or
similar establishments, used for patient accommodation;
“shop” includes
premises –
(a) used
for the sale to the public of food or drink for consumption on or off the
premises;
(b) used
for retail sales by auction to the public;
(c) used
by the public as a barber or hairdresser;
(d) used
by the public to hire items;
(e) where
the public may take goods for repair or other treatment;
“storey”, in respect
of a building, means that part of the building that is situated between the top
of a floor of the building and the top of the floor next above it, or if there
is no floor above it, the internal surface of the roof.
(2) References
in these bye-laws to the distance from a building to the nearest part of the
boundary must, if that part of the boundary abuts on a public road, be
construed as the distance from the building to the centre of the road.
(3) For
the purposes of these bye-laws the height of a building is its height measured
from the lowest level of the ground adjoining the outside of its external walls
to –
(a) its
roof line, provided that where the roof is pitched, the height is measured
vertically to a level midway between the top and the bottom of its roof; or
(b) the
top of its walls or of its parapet, if any,
whichever is the higher.
(4) A
reference by number to a requirement is a reference to the requirement so
numbered in Schedule 2.
2 Material
change of use defined
A material change of use of a building occurs if there is a change
in the purposes for which or the circumstances in which a building is used, so
that after that change –
(a) the
building is used as a dwelling, where previously it was not;
(b) the
building contains a flat, where previously it did not;
(c) the
building is used as an hotel or guest house, where previously it was not;
(d) the
building is used as an institution, where previously it was not;
(e) the
building is used as a public building, where previously it was not;
(f) the
building is not a building described in Classes 1 to 7 in Schedule 1, where previously
it was;
(g) the
building, which contains at least one dwelling, contains a greater or lesser
number of dwellings than it did previously;
(h) the
building contains a room for residential purposes, where previously it did not;
(i) the
building, which contains at least one room for residential purposes, contains a
greater or lesser number of such rooms than it did previously; or
(j) the
building is used as a shop, where previously it was not.
3 Exempt
buildings, extensions and structures
These bye-laws do not apply to –
(a) the
erection of a building, an extension or a structure of a kind described in Schedule
1; or
(b) the
carrying out of work not involving the installation of a controlled service or
fitting or the provision or extension of a fixed electrical installation to or
in connection with such a building, extension or structure, if after the
carrying out of that work it is still a building, extension or structure of a
kind described in that Schedule.
PART 2
CONTROL OF BUILDING WORK
4 Application of Part
Except as provided by bye-law 3 this Part applies to any building
work or material change of use.
5 Requirements
relating to building work
(1) Building
work must be carried out so that –
(a) it
complies with each relevant requirement of Schedule 2; and
(b) in
complying with any such requirement there is no failure to comply with any
other such requirement.
(2) Building
work must be carried out so that after it has been completed any building or
controlled service or fitting to or in connection with which the work was done –
(a) complies
with each relevant requirement of Schedule 2; or
(b) if
it did not so comply before the building work was carried out, does not fall
further short of compliance with any such requirement.
(3) Despite
paragraph (2)(b), if the building work consists of the provision,
alteration or extension of a fixed electrical installation in a building the
work must be carried out so that after it has been completed –
(a) the
installation, the installation as altered or the extension to the installation;
and
(b) where
an installation is extended, any work carried out on the existing installation
to ensure that the extension to it complies with Part 12 of Schedule 2,
complies with Part 12 of Schedule 2.
6 Requirements
in relation to material change of use
(1) Where
there is a material change of use of the whole of a building, such work, if
any, must be carried out as is necessary to ensure that the building complies
with the applicable requirements of Schedule 2, being –
(a) in all cases - requirements –
2.1 (means of warning and escape);
2.2 (internal fire spread - linings);
2.3 (internal fire spread - structure);
2.4 (2) (external fire spread - roofs);
2.5 (access and facilities for the fire service);
3.1 to 3.3 (combustion appliances);
4.4 (resistance to moisture);
5.1 (ventilation);
6.1 (foul water drainage);
6.2 (wastewater treatment systems and cesspools);
6.4 (sanitary facilities);
11.1 and 11.2 (conservation of fuel and power);
12.1 (electrical safety);
(b) in the case of a material change of use
described in bye-law 2(c), bye-law 2(d), bye-law 2(e) or bye-law 2(f) -
requirements 1.1 to 1.3 (structure);
(c) in the case of a building exceeding 15
metres in height - requirement 2.4(1) (external fire spread - walls);
(d) in the case of a material change of use
described in bye-law 2(a), bye-law 2(b), bye-law 2(c), bye-law 2(d), bye-law 2(g),
bye-law 2(h), bye-law 2(i) or, where the material change provides new residential
accommodation, bye-law 2(f) - requirement 4.2 (resistance to contaminants);
(e) in the case of a material change of use
described in bye-law 2(a) - requirement 4.4 (resistance to moisture);
(f) in the case of a material change of
use described in bye-law 2(a), bye-law 2(b), bye-law 2(c), bye-law 2(g),
bye-law 2(h) or bye-law 2(i) - requirements 9.1 to 9.3 (resistance to the
passage of sound);
(g) in the case of a material change of use
described in bye-law 2(e), if the public building consists of or contains a
school - requirement 9.4 (acoustic conditions in schools);
(h) in the case of a material change of use
described in bye-law 2(c), bye-law 2(d), bye-law 2(e) or bye-law 2(j) -
requirement 8.1(access and use).
(2) Where
there is a material change of use of part only of a building, such work, if
any, must be carried out as is necessary to ensure that –
(a) the part complies in all
cases with any applicable requirements referred to in paragraph (1)(a);
(b) in a case in which paragraph (1)(b), paragraph
(1)(e), paragraph (1)(f) or paragraph (1)(g) applies, the part complies with
the requirements referred to in that sub-paragraph;
(c) in
a case to which paragraph (1)(c) applies, the whole building complies with the requirement
referred to in that sub-paragraph; and
(d) in
a case to which paragraph (1)(h) applies –
(i) the
part and any sanitary conveniences provided in or in connection with the part
comply with the requirements referred to in the sub-paragraph, and
(ii) the
building complies with requirement 8.1(a) to the extent that reasonable
provision is made to provide either suitable independent access to the part or
suitable access through the building to the part.
7 Materials
and workmanship
Building work that is required to comply with a relevant requirement
of Schedule 2 must be carried out –
(a) with
materials that are appropriate; and
(b) in
a workmanlike manner.
8 Limitation
on requirements
Except for requirements 3.6 and 6.2, Parts 1 to 7, 10 and 12 of
Schedule 2 are not to be taken as requiring anything to be done except to
secure reasonable standards of health and safety for persons in or about
buildings and for others who may be affected by buildings or matters connected
with buildings.
9 Testing
and sampling
(1) To
ascertain whether these bye-laws have been complied with the Minister may make
tests or require a person carrying out building work to make tests in the
presence of an authorized representative of the Minister –
(a) of
a drain or sewer;
(b) of
the sound insulation provisions of a building; or
(c) in order
to check compliance with Part 11 of Schedule 2, of a building’s fabric,
and on services and fittings.
(2) The
Minister may take a sample of any material to be used in the carrying out of
building work as may be necessary to enable the Minister to ascertain whether the
material complies with these bye-laws.
PART 3
AUTHORIZATION, COMMENCEMENT AND COMPLETION OF WORK
10 Application
for building permit
(1) Except as provided by bye-laws 14 and 15, a
person who proposes –
(a) to carry out building work; or
(b) to make a material change of use,
must apply to the Minister
for a building permit.
(2) The application must be made in accordance
with Article 34 of the Law.
11 Particulars
and plans
In accordance with Article
34(2)(b) of the Law, an application for a building permit must contain or be
accompanied by particulars the Minister reasonably requires to determine the
application.
12 Design certificates
(1) If required to do so, a person must supply a
design certificate –
(a) with an application for a building permit; or
(b) to discharge a condition attached to a
building permit.
(2) The design certificate –
(a) must certify that if the work specified in
the certificate is carried out in accordance with the plans and calculations
accompanying the certificate the work will comply with the relevant
requirements in Part 1 of Schedule 2; and
(b) must be signed by an approved Certifier of
Design.
(3) A person is an approved Certifier of Design
if his or her name appears on a list published by the Minister of persons who
are considered, in accordance with a scheme approved by the Minister, to be
persons who have the experience and qualifications required to be competent to
issue design certificates.
13 Notice
of start and completion of certain stages of work
(1) Unless the Minister directs otherwise, a
person to whom a building permit has been granted must not start the work
permitted by the permit unless at least 2 working days’ written notice of
the intention to do so has been given to the Minister.
(2) A person carrying out building work must,
unless the Minister directs otherwise, give the Minister at least 2 working
days’ written notice of the date on which the person intends to –
(a) start work in relation to a damp-proof
course; or
(b) cover up any or the works referred to in paragraph (3).
(3) Those works are –
(a) an excavation for a foundation;
(b) foundation concrete;
(c) concrete or other material laid over a site;
(d) a drain or private sewer;
(e) any part of a roof structure.
(4) The Minister may specify in a building permit –
(a) a date by which the building work permitted
by the permit must have started; and
(b) what started means for the purpose of sub-paragraph (a).
(5) If the work is not started by the specified
date the building permit ceases to have effect.
(6) A person carrying out building work must,
within 2 working days after its completion, give written notice of the
completion to the Minister.
(7) If –
(a) a building is being erected; and
(c) the building (or a part of it) is to be
occupied before completion,
the person carrying out the
work must give the Minister at least 2 working days’ written notice
of any intention to occupy the building or any part of it.
(8) A person who has failed to comply with paragraph (1)
or (2) must, within a reasonable time of being required to do so by the Minister
by written notice, cut into, lay open or pull down so much of the work as, in
the opinion of the Minister, prevents the Minister from ascertaining whether
these bye-laws have been complied with.
(9) If the Minister has given a person written
notice specifying the manner in which any work carried out by the person
contravenes the requirements of these bye-laws, the person carrying out the
work necessary to secure compliance with these bye-laws must –
(a) give the Minister written notice of the
person’s intention to carry out the work not less than 2 working days
before the start of the work; and
(b) give the Minister written notice of the
completion of the work not more than 2 working days after its completion.
(10) In this bye-law “working day” means
any continuous period of 24 hours commencing at midnight and excluding any
Saturday, Sunday, bank holiday or public holiday.
14 Certain work may
be started before determination of application
(1) A
person who has applied to the Minister for a building permit in respect of the
provision, extension or material alteration of a controlled service or fitting may
start the work before the application has been determined by the Minister.
(2) Paragraph
(1) does not prejudice any power of the Minister under the Planning and Building (Jersey) Law 2002.
15 Certifiable
building work
(1) This
bye-law applies to the carrying out of –
(a) work
in respect of which Part 12 of the Schedule 2 imposes a requirement; and
(b) certifiable
building work carried out by a person who is registered under an appropriate
approved scheme.
(2) In
the case of work mentioned in paragraph (1)(a) that is not exempt electrical
certifiable work, building permission is to be taken to have been given by the
Minister for the work to be carried out if, within 30 days of the completion of
the work, a person registered under an appropriate approved scheme –
(a) gives
the Minister, through the registering authority under the relevant approved
scheme, a certificate or a notice that contains the information mentioned in
paragraph (5); and
(b) gives
to the person who required the work to be carried out a copy of the certificate
or notice.
(3) In
the case of work mentioned in paragraph (1)(a) that is exempt electrical
certifiable work, building permission is to be taken to have been given by the
Minister for the work to be carried out if, within 30 days of the completion of
the work, a person registered under an appropriate approved scheme gives to the
person who required the work to be carried out a copy of a certificate that
contains the information mentioned in paragraph (5).
(4) In
the case of work mentioned in paragraph (1)(b), building permission is to be
taken to have been given by the Minister for the work to be carried out if,
within 30 days of the completion of the work, the person who carried out the
work –
(a) gives
the Minister, through the registering authority under the relevant approved
scheme, a certificate or a notice that contains the information mentioned in
paragraph (5); and
(b) gives
to the person who required the work to be carried out a copy of the certificate
or notice.
(5) The
certificate or notice must –
(a) describe
the work carried out;
(b) confirm
that the requirements of bye-laws 5 and 7 were complied with;
(c) state
the address of the property where the work was carried out;
(d) state
the name of the person providing the certificate and, if different, the name of
the person who carried out the work.
(6) In
this bye-law –
“appropriate approved scheme”, in respect of work
motioned in paragraph (1)(a) or certifiable building work, means a scheme that
has been specifically developed for certifying that type of work where the
Minister has published his or her approval of the scheme for the purpose of
this bye-law;
“certifiable building work” means –
(a) the
installation of a heat-producing gas appliance;
(b) the
installation of a heating or hot water service system connected to a heat
producing gas appliance;
(c) the
installation of an oil-fired combustion appliance with a rated heat output of
100 kilowatts or less;
(d) the
installation of an oil storage tank and the pipes connecting it to a combustion
appliance;
(e) the
installation of a heating or hot water service system connected to an oil-fired
combustion appliance;
(f) the
installation of a solid fuel burning combustion appliance with a rated heat
output of 50 kilowatts or less that is installed in a building with no more
than 3 storeys (excluding any basement);
(g) the
installation of a heating or hot water service system connected to a solid fuel
burning combustion appliance;
(h) the
installation in an existing dwelling and as a replacement, of a window, a roof-light,
a roof-window or door (being a door that together with its frame has more than half
of its internal face area glazed);
(i) the
provision, alteration or extension of a fixed electrical installation in or in respect
of any building;
“exempt electrical certifiable work” means work that
consists of –
(a) the
provision of additional lighting points (light fittings and switching) on an
existing circuit where –
(i) the
existing circuit protective device is suitable and provides protection for the
modified circuit, and
(ii) any
other safety provisions are satisfactory;
(b) the
adding of socket outlets to an existing ring or radial circuit where –
(i) the
existing circuit protective device is suitable and provides protection for the
modified circuit, and
(ii) any
other safety provisions are satisfactory;
(c) the
replacement of individual accessories including socket outlets, control
switches, other than the circuit protective device, in a like-for-like manner
for a single circuit;
(d) the
replacement of accessories such as socket outlets and ceiling roses on a
like-for-like basis;
(e) the
installation or upgrading or both and testing of main equi-potential bonding;
(f) the
upgrading and testing of supplementary bonding;
(g) the
replacement of the cable for a single circuit but only where damaged (for
example. by fire, rodent or impact) if the replacement cable –
(i) is
identical in manufactured specification,
(ii) follows
the same route, and
(iii) does
not serve more than one sub-circuit through a distribution board;
(h) the
fixing or repairing or both of the enclosure of an existing wiring system if
the circuit’s protective measures are unaffected;
(i) the
provision of additional mechanical protection to existing electrical equipment if
the circuit’s protective measures and current-carrying capacity of
conductors are unaffected.
16 Unauthorized
building work
(1) This
bye-law applies if building work to which these bye-laws apply has been carried
out without a building permit.
(2) The
owner of the premises to which the building work relates –
(a) may
make a written application to the Minister for a certificate under bye-law 17;
or
(b) must
do so if so required by the Minister.
(3) The
application must be accompanied by –
(a) a
statement that the application is made in accordance with this bye-law; and
(b) plans
and descriptions of the work; and of any additional work required to be carried
out to ensure that the work complies with each relevant requirement of Schedule
2; and
(c) the
prescribed fee.
(4) Where
the Minister receives an application in accordance with this bye-law, the
Minister may require the applicant to take such reasonable steps, including –
(a) laying
open the work for inspection by the Minister; and
(b) arranging
for the making of tests and the taking of samples,
as the Minister thinks appropriate to ascertain what additional
work, if any, is required to ensure that each relevant requirement of Schedule
2 has been complied with.
(5) Where
the applicant has taken the steps, if any, required by the Minister under paragraph (4),
the Minister may notify the applicant –
(a) of
the work that in the Minister’s opinion is required to comply with each
relevant requirement of Schedule 2 or such a requirement as dispensed with or
relaxed; or
(b) any
further requirement under paragraph (4) that the Minister thinks
appropriate to determine what work, if any, is required to comply with each
relevant requirement of Schedule 2 or such a requirement as dispensed with or
relaxed.
17 Completion
certificates
(1) The
Minister may issue a certificate to the effect that, in so far as the Minister
has been able to ascertain, the work described in the certificate has been
completed and that each relevant requirements of Schedule 2 has been complied
with.
(2) If
a certificate issued under this bye-law relates to work done in respect of
which an application has been made under bye-law 16, the certificate must
indicate that it is issued in respect of unauthorized building work.
(3) If –
(a) building
work has been carried out in respect of which a building permit has been issued;
and
(b) the
building has been occupied or partly occupied before completion,
the Minister may issue an interim certificate to the effect that the
work described in the certificate has been carried out to the extent so
described.
(4) A
certificate given in accordance with this bye-law is evidence but not
conclusive evidence that each requirement of Schedule 2 specified in the
certificate has been complied with.
PART 4
Citation
and commencement
18 Citation and commencement
(1) These
bye-laws may be cited as the Building Bye-laws (Jersey) 2007.
(2) They
shall come into force on 1st July 2007.
SENATOR F.E. COHEN
Minister for Planning and Environment
SCHEDULE 1
(Bye-law 3(a))
EXEMPT BUILDINGS, EXTENSIONS AND STRUCTURES
A building, extension or structure specified in this Schedule is
exempt from the operation of these bye-laws.
Class 1 - small detached buildings
(1) A
detached single storey building that has a floor area not exceeding 20
square metres, that does not contain any sleeping accommodation and that is a
building –
(a) so
sited that no part of it is closer than 1 metre to the boundary; or
(b) that
has external walls constructed substantially of non-combustible material, and a
roof covering that would achieve an A.A. designation if tested in accordance
with B.S. 476: part 3.
(2) A
detached single storey building that has a floor area that does not exceed 10
square metres and that does not contain sleeping accommodation.
Class 2 - buildings not frequented by people
A detached building –
(a) into
which people do not normally go or go only intermittently and then only to
inspect or maintain fixed plant or machinery; and
(b) that
is so located that no part of it is closer than a distance equivalent to
1½ times its height to the boundary or to any other building that is not
in Class 2 of this Schedule.
Class 3 - agricultural buildings
(1) A
detached building –
(a) that
is used for agriculture or to keep animals;
(b) that
is not used as sleeping accommodation or to retail, pack or exhibit produce;
(c) that
is so sited that no part of it is closer than a distance equivalent to
1½ times its height to the boundary or to any part of any other building
that contains sleeping accommodation; and
(d) that
is so constructed that no part of its interior is more than 18 metres from
a fire exit.
(2) A
detached glasshouse or polytunnel building that is used to grow plants or
crops.
(3) In
this paragraph –
“agriculture” includes horticulture, fruit growing, the
growing of plants for seed and fish farming;
“polytunnel building”
means a lightweight structure mainly of polythene or similar material affording
protection to plants or crops that is not less than 1 metre above ground level
at its highest point.
Class 4 - temporary buildings
A building that does not contain sleeping accommodation and is not
intended to, and that does not remain on the site where it is erected for more
than 28 days following its erection.
Class 5 - works buildings
A building on the site of construction or civil engineering works
that is used exclusively in connection with those works and that does not
contain sleeping accommodation.
Class 6 - extensions
(1) A
single storey extension of a dwelling consisting of the addition at ground
level of a conservatory, veranda or covered area that, in each case, has a
floor area of 20 square metres or less where –
(a) any
of its walls within 1 metre of the boundary is constructed substantially of
non-combustible material;
(b) its
roof covering is of a type that would achieve an A.A. designation if tested in
accordance with B.S. 476: part 3;
(c) its
glazing satisfies requirement 10.1; and
(d) it
does not cause a contravention of these bye-laws in respect of the dwelling or
any service or fitting.
(2) A
single storey extension of a dwelling consisting of the addition at ground
level of a carport that is open on at least 2 sides and that has a floor area
of 20 square metres or less.
(3) A
single storey extension of a dwelling consisting of the addition at ground
level of a porch that has a floor area of 5 square metres or less.
Class 7 - movable structures
A movable structure to which the Planning and Building (Movable Structures)
(Jersey) Order 2006[4] applies.
SCHEDULE 2
(Bye-laws 1(4) and 5)
REQUIREMENTS
PART 1 - STRUCTURE
1.1 Loading
(1) A
building must be constructed so that the combined dead, imposed and wind loads
to which it may be subjected are sustained and transmitted to the ground –
(a) safely;
and
(b) without
causing such deflection or deformation of any part of the building, or such
movement of the ground, as will impair the stability of the building or any
part of another building.
(2) In assessing
whether a building complies with sub-paragraph (1) regard must be had to
the imposed and wind loads to which it is likely to be subjected in the
ordinary course of its use for the purpose for which it is intended.
1.2 Ground
movement
A building must be constructed so that, in so far as the risk can
reasonably be foreseen, movement of the subsoil caused by landslip, swelling or
freezing will not impair the stability of any part of the building.
1.3 Disproportionate
collapse
(1) Subject
to paragraph (2), a building must be constructed so that in the event of
an accident the building will not suffer collapse to an extent disproportionate
to the cause.
(2) This
paragraph does not apply to a building with less than 5 storeys.
(3) In
counting those storeys –
(a) each
basement level is to be counted as 1 storey; and
(b) if
the roof pitch does not exceed 70 degrees to the horizontal and there is a
single storey within the roof space, that storey is not to be counted.
PART 2 - FIRE SAFETY
2.1 Means
of escape
A building must be designed and constructed so that –
(a) there
are appropriate provisions for the early warning of fire; and
(b) in
the case of a fire in the building, there is an appropriate means of escape
from the building to a place of safety outside the building that is capable of
being safely and effectively used at all material times.
2.2 Internal fire spread (linings)
To inhibit the spread of fire within a building, any material used
to line a partition, wall, ceiling or other internal structure of the building
must –
(a) be
capable of adequately resisting the spread of fire over its surfaces; and
(b) if
ignited, have a rate of heat release that is reasonable in the circumstances.
2.3 Internal
fire spread (structure)
(1) A
building must be designed and constructed so that –
(a) in
the event of fire its stability is maintained for a reasonable period; and
(b) the
unseen spread of fire and smoke within concealed spaces in it structure and
fabric is inhibited.
(2) A
wall common to 2 or more buildings must be designed and constructed so that it
adequately resists the spread of fire between the buildings.
(3) For
the purpose of paragraph (2) a house in a terrace and a semi-detached house are
separate buildings.
(4) To
inhibit the spread of fire within a building, the building must be sub-divided
with fire resisting construction to the extent appropriate to the size and
intended use of the building.
2.4 External
fire spread.
(1) The
external walls of a building must adequately resist the spread of fire over the
walls and from one building to another, having regard to the height, use and
position of the building.
(2) The
roof of a building must adequately resist the spread of fire over the roof and
from one building to another, having regard to the use and position of the
building.
2.5 Access
and facilities for the fire service
(1) A
building must be designed and constructed so as to provide reasonable
facilities to assist fire fighters in the protection of life.
(2) Reasonable
provision must be made within the site of a building to enable fire appliances
to gain access to the building.
PART 3 – COMBUSTION
APPLIANCES AND FUEL STORAGE SYSTEMS
3.1 Air
Supply
(1) Combustion
appliances must be so installed that there is an adequate supply of air to them
for combustion, to prevent overheating and for the efficient working of any
flue.
(2) This
requirement only applies to fixed combustion appliances (including
incinerators).
3.2 Discharge
of products of combustion
(1) Combustion
appliances must have adequate provision for the discharge of products of
combustion to the outside air.
(2) This
requirement only applies to fixed combustion appliances (including
incinerators).
3.3 Protection
of Building
(1) Combustion
appliances and fluepipes must be so installed and fire-places and chimneys must
be so constructed and installed, as to reduce to a reasonable level the risk of
people suffering burns or the building catching fire in consequence of their use.
(2) This
requirement only applies to fixed combustion appliances (including
incinerators).
3.4 Provision
of information
Where a hearth, fireplace, flue or chimney is provided or extended,
a durable notice containing information on the performance capabilities of the
hearth, fireplace, flue or chimney must be affixed in a suitable place in the
building to enable combustion appliances to be safely installed.
3.5 Protection
of liquid fuel storage systems
(1) Liquid
fuel storage systems and the pipes connecting them to combustion appliances must
be so constructed and separated from buildings and the boundary of the premises
as to reduce to a reasonable level the risk of the fuel igniting in the event
of fire in adjacent buildings or premises.
(2) This
paragraph applies only to –
(a) fixed
oil storage tanks with capacities greater than 90 litres and connecting pipes;
and
(b) fixed
liquefied petroleum gas storage installations with capacities greater than 150
litres and connecting pipes,
that are located outside the building and that serve fixed
combustion appliances (including incinerators) in the building.
3.6 Protection
against pollution
(1) Oil
storage tanks and the pipes connecting them to combustion appliances must –
(a) be
so constructed and protected as to reduce to a reasonable level the risk of the
oil escaping and causing pollution; and
(b) have
affixed in a prominent position a durable notice containing information on how
to respond to an oil escape so as to reduce to a reasonable level the risk of
pollution.
(2) This
paragraph applies only to fixed oil storage tanks, and connecting oil pipes,
that are –
(a) located
outside the building; and
(b) serve
fixed combustion appliances (including incinerators) in a building.
3.7 Height
restriction due to proximity of chimneys on an existing building
A building must not be erected or increased in height so that any
part of its roof within 2300 mm of the chimney or flue of another building –
(a) if
the roof of the other building is a pitched roof - is higher than 600 mm below
the top of any chimney or flue passing through the ridge of that roof or is
higher than 1000 mm below the top of any other chimney or flue on that roof; or
(b) if
the roof of the other building is not a pitched roof - is higher than 1000 mm
below the top of any such chimney or flue.
PART 4 - SITE PREPARATION AND RESISTANCE TO MOISTURE
4.1 Preparation
of site
(1) The
ground to be covered by a building must be reasonably clear of organic matter.
(2) This
requirement does not apply to a building used wholly to store goods or to
accommodate plant or machinery, if anybody habitually employed in the building
is not employed in the building otherwise than to store, to care for or to
remove the goods, plant or machinery.
(3) Nor
does this requirement apply to a building to be used wholly for a purpose such
that –
(a) compliance
with the requirement would not serve to increase protection to the health or
safety of any person habitually employed in the building; or
(b) non-compliance
with the requirement would not cause damage to the fabric of the building.
4.2 Resistance to contaminants
Reasonable precautions must be taken to avoid danger to health or
safety caused by substances found on or in the ground to be covered by a
building.
4.3 Subsoil
drainage
(1) Subsoil
drainage must be provided if it is needed to avoid –
(a) the
passage of ground moisture to the interior of a building; and
(b) damage
to a building.
(2) This
requirement does not apply to a building used wholly to store goods or to
accommodate plant or machinery, if anybody habitually employed in the building
is not employed in the building otherwise than to store, to care for or to
remove the goods, plant or machinery.
(3) Nor
does this requirement apply to a building to be used wholly for a purpose such
that –
(a) compliance
with the requirement would not serve to increase protection to the health or
safety of any person habitually employed in the building; or
(b) non-compliance
with the requirement would not cause damage to the fabric of the building.
4.4 Resistance
to weather and ground moisture
(1) The
walls, floors and roof of a building must be capable of resisting the passage
of moisture to the interior of the building.
(2) This
requirement does not apply to a building used wholly to store goods or to
accommodate plant or machinery, if anybody habitually employed in the building
is not employed in the building otherwise than to store, to care for or to
remove the goods, plant or machinery.
(3) Nor
does this requirement apply to a building to be used wholly for a purpose such
that –
(a) compliance
with the requirement would not serve to increase protection to the health or
safety of any person habitually employed in the building; or
(b) non-compliance
with the requirement would not cause damage to the fabric of the building.
PART 5 - VENTILATION
5.1 Means
of ventilation
(1) A
building must have adequate ventilation for people in it.
(2) In
a habitable room that is not a kitchen this must be achieved by natural
ventilation.
(3) Sub-paragraph (1)
does not apply to a building or space within a building that –
(a) people
do not normally go in to;
(b) is
used solely for storage; or
(c) is
a garage serving a single dwelling.
5.2 Condensation
in roofs
Adequate provision must be made in a building to prevent excessive
condensation –
(a) in
its roof; or
(b) in
a roof void above an insulated ceiling.
PART 6 - DRAINAGE, HYGIENE
AND WATER STORAGE
6.1 Foul
water drainage
(1) An
adequate system of drainage must be provided to carry foul water from
appliances within a building to one of the following, listed in order of
priority –
(a) a
public sewer; or, if that is not reasonably practicable;
(b) a
private sewer communicating with a public sewer; or, where that is not
reasonably practicable;
(c) a
cesspool; or where that is not reasonably practicable;
(d) a
septic tank that has an appropriate form of secondary treatment.
(2) Sub-paragraph
(1) does not apply to the diversion of water that has been used for personal
washing or for the washing of clothes, linen or other articles to collection
systems for reuse.
(3) In sub-paragraph (1)
“foul water” means waste water that comprises or includes –
(a) waste
from a sanitary convenience, bidet or appliance used for washing receptacles
for foul waste;
(b) water
that has been used for food preparation, cooking or washing; or
(c) trade
effluent.
6.2 Wastewater
treatment systems and cesspools.
(1) A
cesspool or septic tank and its form of secondary treatment, must be sited and
constructed so that –
(a) it
is not prejudicial to the health of any person;
(b) it
will not contaminate any watercourse, underground water or water supply;
(c) there
are adequate means of access for emptying and maintenance; and
(d) where
relevant, it will function to a sufficient standard for the protection of
health in the event of a power failure.
(2) A
cesspool, septic tank, or holding tank that is part of a wastewater treatment
system must be –
(a) of
adequate capacity;
(b) so
constructed that it is impermeable to liquids; and
(c) adequately
ventilated.
(3) Where
a foul water drainage system from a building discharges to a cesspool, or
septic tank, a durable notice must be affixed in a suitable place in the
building containing information on any continuing maintenance required to avoid
risks to health.
6.3 Rainwater
drainage
(1) Adequate
provision must be made for rainwater to be carried from the roof of a building.
(2) Rainwater
from a system provided pursuant to sub-paragraph (1) must discharge to one
of the following, listed in order of priority –
(a) an
adequate soakaway or some other adequate infiltration system; or, where that is
not reasonably practicable;
(b) a
watercourse; or, where that is not reasonably practicable;
(c) a
sewer.
(3) This
paragraph does not apply to the gathering of rainwater for reuse.
6.4 Sanitary
facilities
A building must have adequate sanitary facilities in rooms provided
for that purpose.
6.5 Hot
water storage
(1) If
a hot water storage system with a storage vessel that does not incorporate a
vent pipe to the atmosphere is installed in a building it must be installed so
as to operate safely.
(2) There
must be precautions to prevent the temperature of stored water exceeding
100°C at any time.
(3) Sub-paragraph (1)
does not apply to –
(a) a
hot water storage system that has a storage vessel with a capacity of 15 litres
or less;
(b) a
system that only provides space heating; or
(c) a
system that heats or stores water only for an industrial process.
PART 7 - STAIRS, RAMPS AND PROTECTIVE BARRIERS
7.1 Stairs
and ramps
(1) Any
stairs, ladder or ramp installed in or in connection with a building must be
installed and equipped so as to enable people to move safely between levels of
the building.
(2) Sub-paragraph (1)
does not apply to stairs, a ladder or a ramp used only for maintenance
purposes.
7.2 Protective
barriers
Any stairs, ramp, floor or balcony installed in or in connection
with a building, or any roof area of a building to which people normally have
access, must be guarded with barriers if this is necessary to protect users
from falling.
7.3 Vehicle
barriers
Any vehicle ramp installed in or in connection with a building, or
any floor or roof area of a building to which vehicles have access, must be
guarded with barriers if this is necessary to provide protection for people in
or about the building.
PART 8 - ACCESS
TO AND USE OF BUILDINGS
8.1 Access
and use.
(1) Reasonable
provision must be made for people –
(a) to gain access to; and
(b) to use,
the building and its facilities.
(2) This
requirement does not apply –
(a) to any
part of a building that is used solely to enable the building or any service or
fitting in the building to be inspected, repaired or maintained; or
(b) to
the material alteration or extension of a dwelling.
8.2 Access
to extensions to buildings
(1) Suitable
independent access must be provided to an extension of a building where
reasonably practicable.
(2) This
requirement does not apply to –
(a) an extension to a
dwelling; or
(b) an extension that is
used solely to enable the building or any service or fitting in the building to
be inspected, repaired or maintained.
(3) Nor
does this requirement apply where suitable access to the extension is provided
through the extended building.
8.3 Sanitary
Conveniences in extensions to buildings.
(1) If
sanitary conveniences are provided in a building that is to be extended,
reasonable provision must be made within the extension for sanitary
conveniences.
(2) This
requirement does not apply to –
(a) an extension to a
dwelling; or
(b) an extension that is
used solely to enable the building or any service or fitting in the building to
be inspected, repaired or maintained.
(3) Nor
does this requirement apply where there is reasonable provision for sanitary
conveniences elsewhere in the building, such that people occupied in, or
otherwise having occasion to enter the extension, can gain access to and use
those sanitary conveniences.
8.4 Sanitary
conveniences in dwellings
(1) Reasonable
provision must be made for sanitary conveniences –
(a) in
the entrance storey of dwellings; or
(b) if
the entrance storey contains no habitable rooms, in either the entrance storey
or principal storey.
(2) In
this paragraph –
“entrance storey” means the storey that contains the
principal entrance;
“principal storey” means the storey nearest to the
entrance storey that contains a habitable room, or if there are 2 such storeys
equally near, either one.
8.5 Adaptability
of dwellings
Reasonable provision must
be made in a dwelling to enable it to be easily adapted at a future date to enable occupants to cope
better with reducing mobility.
PART
9 - RESISTANCE TO THE PASSAGE OF SOUND
9.1 Protection
against sound from other parts of the building and adjoining buildings
Dwelling–houses,
flats and rooms for residential purposes must be designed and constructed in
such a way that they provide reasonable resistance to sound from other parts of
the same building and from adjoining buildings.
9.2 Protection
against sound within residences, etc.
(1) Dwelling–houses,
flats and rooms for residential purposes must be designed and constructed in
such a way that –
(a) internal
walls between a bedroom or a room containing a water closet, and other rooms;
and
(b) internal
floors,
provide reasonable resistance to sound.
(2) Sub-paragraph (1)
does not apply to –
(a) an
internal wall that contains a door;
(b) an
internal wall that separates an en-suite toilet from the associated bedroom; or
(c) existing
walls and floors in a building that is subject to a material change of use.
9.3 Reverberation
in the common internal parts of buildings containing flats or rooms for
residential purposes
(1) The
common internal parts of buildings that contain flats or rooms for residential
purposes must be designed and constructed in such a way as to prevent more
reverberation around the common parts than is reasonable.
(2) Sub-paragraph (1)
only applies to corridors, stairwells, hallways and entrance halls that give
access to a flat or room for residential purposes.
9.4 Acoustic
conditions in schools.
(1) Each
room or other space in a school building must be designed and constructed in
such a way that it has the acoustic conditions and the insulation against
disturbance by noise appropriate to its intended use.
(2) In sub-paragraph (1) –
“school” means an institution used for full or part time
education;
“school building” means a building forming a school or
part of a school.
PART 10 - GLAZING
10.1 Safety and
protection
Glazing that a person is likely to come into contact with while
moving about a building must –
(a) be
shielded or protected from impact;
(b) resist
impact without breaking; or
(c) be
of a type that if broken on impact breaks in a way that is unlikely to cause
injury.
10.2 Glazing liable
to contact
In the case of a building that is not a dwelling, transparent
glazing that a person is likely to collide with while in passage in or about
the building must –
(a) be
adequately shielded; or
(b) be
provided with features that make it noticeable.
PART 11 - CONSERVATION OF FUEL AND POWER
11.1 Fuel and power
conservation in dwellings
(1) Reasonable
provision must be made for the conservation of fuel and power in dwellings by –
(a) limiting
the heat loss;
(i) through the
fabric of the building,
(ii) from any hot
water pipes and hot air ducts used for space heating, and
(iii) from hot water vessels.
(b) providing
space heating and hot water systems that are energy efficient;
(c) providing
lighting systems with appropriate lamps and sufficient controls so that energy
can be used efficiently; and
(d) providing
sufficient information with the heating and hot water services so that building
occupiers can operate and maintain the services in such a manner as to use no
more energy than is reasonable in the circumstances.
(2) The
requirement for sufficient controls in sub-paragraph (1)(c) applies only
to external lighting systems fixed to the building.
11.2 Fuel and power
conservation in buildings other than dwellings
(1) Reasonable
provision must be made for the conservation of fuel and power in buildings
other than dwellings by –
(a) limiting
the heat losses and gains through the fabric of the building;
(b) limiting
the heat loss –
(i) from hot water
pipes and hot air ducts used for space heating,
(ii) from hot water vessels
and hot water service pipes;
(c) providing
space heating and hot water systems which are energy-efficient;
(d) limiting
exposure to solar overheating;
(e) making
provision where air conditioning and mechanical ventilation systems are
installed, so that no more energy needs to be used than is reasonable in the
circumstances;
(f) limiting
the heat gains by chilled water and refrigerant vessels and pipes and air ducts
that serve air conditioning systems;
(g) providing
lighting systems that are energy efficient; and
(h) providing
sufficient information with the relevant services so that the building can be
operated and maintained in such a manner as to use no more energy than is
reasonable in the circumstances.
(2) Sub-paragraph (1)(e)
and (f) apply only within buildings and parts of buildings where more than 200m2
of floor area is to be served by air conditioning or mechanical ventilation
systems.
(3) Sub-paragraph (1)(g)
applies only within buildings and parts of buildings where more than 100m2
of floor area is to be served by artificial lighting.
PART 12 - FIXED ELECTRICAL INSTALLATION WITH RESPECT TO A BUILDING
12.1 Fixed electrical installation
A fixed electrical installation in, or in respect of, a building
must be designed, installed, inspected and tested so as to provide reasonable
protection against the installation or any part of it being a source of a fire
or a cause of injury to people in or about the building.