Requirement S3 and regulation 44F: Residential buildings undergoing major renovation work

This section deals with requirement S3 from Part S of Schedule 1 and regulation 44F of the Building
Regulations 2010.

Requirement

Residential buildings undergoing major renovation

S3. Where a residential building undergoing major renovation will have more than 10 associated parking spaces after the major renovation is completed:

(a) at least one associated parking space for the use of each dwelling must have access to an electric vehicle charge point;

(b) cable routes for electric vehicle charge points must be installed in all additional associated parking spaces.

Regulation

Application of paragraph S3 of Schedule 1 (residential buildings undergoing major renovation)

44F. (1) The requirements of paragraph S3 of Schedule 1 apply to a residential building undergoing major renovation as follows.

(2) The requirements of paragraph S3 of Schedule 1 apply if:

(a) the major renovation involves building work being done which includes work being done to any of the following:

(i) a car park that is located within the site boundary of the building, where the nature of the work is such that it would be reasonable to expect that work to include enabling the requirements of paragraph S3 of Schedule 1 to be fulfilled;

(ii) the electrical infrastructure of a car park, where the car park is located within the site boundary of the building;

(iii) the electrical infrastructure of the building, where a car park is located inside the building;

(b) the residential building will have more than 10 associated parking spaces upon completion of that work;

(c) subject to paragraph (3), all the required electric vehicle charge points can be accommodated within the incoming electrical supply to the building;

(d) the cost of installing all the required electric vehicle charge points and cable routes for electric vehicle charge points does not exceed 7% of the total cost of the major renovation; and

(e) the residential building is not one in relation to which paragraph (5) applies.

(3) If paragraph (2)(a), (b), (d) and (e) applies, but all the required electric vehicle charge points cannot be accommodated within the incoming electrical supply to the building:

(a) the requirements of paragraph S3 of Schedule 1 apply only in respect of the maximum number of electric vehicle charge points that can be accommodated within the incoming electrical supply to the building; and

(b) cable routes for electric vehicle charge points must be installed in all remaining associated parking spaces.

(4) If the cost of installing the required electric vehicle charge points and cable routes for electric vehicle charge points exceeds 7% of the total cost of the major renovation:

(a) the residential building is exempt from the requirement to install any electric vehicle charge point;

(b) cable routes for electric vehicle charge points must be installed in all associated parking spaces, except where the cost of that installation exceeds 7% of the total cost of the major renovation.

(5) The requirements of paragraph S3 of Schedule 1 do not apply to a residential building which is undergoing major renovation for the principal purpose of improving the fire safety of the external walls or roof of the building.

(6) If a residential building undergoing major renovation has, or will have more than 10 associated parking spaces:

(a) if there are or will be any associated parking spaces situated in a position other than in a covered car park:

(i) the requirements of paragraph S3 of Schedule 1 must first be applied in relation to those associated parking spaces; then

(ii) cable routes for electric vehicle charge points must be installed in all the associated parking spaces in the covered car park;

(b) if all the associated parking spaces are situated in a covered car park, cable routes for electric vehicle charge points must be installed in all the parking spaces in the covered car park.

NOTE: Where the building control body is an approved inspector, see regulation 8 of the Building (Approved Inspectors etc.) Regulations 2010 (as amended).

Intention

In the Secretary of State’s view, requirement S3 and regulation 44F is met if building work complies with the following.

a. Where a residential building undergoes a major renovation of the type described in paragraph 2.10, electric vehicle charge points and cable routes are installed following the guidance in paragraphs 2.13 to 2.15 and for covered car parks in paragraphs 2.16 and 2.17.

Material change of use

2.1 Where associated parking spaces are provided for a building undergoing a material change of use of any of the following types, electric vehicle charge points should be provided.

The material change of use results in one or more dwellings and is one of the following types.

a. The building or part of a building is used as a dwelling, where previously it was not (regulation 5(a) of the Building Regulations).

b. The building or part of a building contains a flat, where previously it did not (regulation 5(b) of the Building Regulations).

c. The building or part of a building which contains at least one dwelling, contains a greater or lesser number of dwellings than it did previously (regulation 5(g) of the Building Regulations).

2.2 Where requirement S2 applies, the number of associated parking spaces that have access to an electric vehicle charge point must be a minimum of either of the following.

a. The number of associated parking spaces.

b. The number of newly created dwellings that the car park serves.

See paragraphs 2.7 to 2.9 for the application of these requirements, and paragraphs 2.3 to 2.6 for historic and traditional buildings.

NOTE: If there are more associated parking spaces than there are newly created dwellings, there is no requirement to install electric vehicle charge points in more associated parking spaces than the number of newly created dwellings.

Historic and traditional buildings undergoing material change of use

2.3 The following two building types undergoing a material change of use may receive special consideration by building control bodies regarding installing electric vehicle charge points.

a. Buildings that are of architectural and historical interest and that are identified by plan-making bodies as non-esignated heritage assets.

b. Buildings of architectural and historical interest within national parks, areas of outstanding natural beauty, registered historic parks and gardens, registered battlefields and World Heritage Sites.

2.4 The following building types, when undergoing a material change of use, are exempt from complying with the requirements of the electric vehicle charge point installation regulations if compliance would unacceptably affect the significance of the building or its surroundings.

a. Those listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

b. Those in a conservation area designated in accordance with section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990.

c. Those included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979.

2.5 When a material change of use is made to a building in a class in paragraph 2.4, work should comply with requirement S2 as far as reasonably practicable. The local authority’s conservation officer should be asked to help assess whether complying with the requirements of the electric vehicle charge point installation regulations is reasonably practicable, on a case-by-case basis.

2.6 When a material change of use is made to a building in a class in paragraph 2.3, when installing electric vehicle charge point infrastructure, the aim should be to not harm the character of the building. This may, for example, mean that electric vehicle charge points are not installed in associated parking spaces next to an important elevation of the building.

Application of requirements when undertaking a material change of use

2.7 Requirement S2 applies for each associated parking space provided for the newly created dwellings where all of the following apply.

a. At least one of the following types of work is being carried out.

i. Substantial work to the car park associated with the building, such as resurfacing or installing electrical infrastructure.

ii. Work to the electrical infrastructure of the car park, where the car park is located within the site boundary of the building.

iii. Work to the electrical infrastructure of the building, where a car park is located within the building.

b. Electric vehicle charge points can be installed without having to upgrade the capacity of the incoming electrical supply to the building.

c. The installation of an electric vehicle charge point will not unacceptably alter the character or appearance of a historic or traditional building as described in paragraphs 2.3 to 2.6.

d. The associated parking space is not within a covered car park.

2.8 If the electrical power supply to the building or car park is not sufficient for electric vehicle charge points to be installed for all associated parking spaces, all of the following apply.

a. Evidence should be given to the building control body to demonstrate that the electrical power supply is not sufficient. This evidence should be written confirmation obtained from either the distribution network operator or a suitable expert.

b. As many electric vehicle charge points as can be accommodated within the existing power supply should be installed.

c. Cable routes should be provided for the additional parking spaces which would have required an electric vehicle charge point if the electrical power supply were sufficient.

2.9 For parking spaces in a covered car park, the requirement to install electric vehicle charge points does not apply for those parking spaces and paragraphs 2.16 and 2.17 should be followed.

Major renovations of residential buildings
2.10 For a residential building where all of the following apply, electric vehicle charge points should be provided for the associated parking spaces.

a. Major renovation work is being done.

b. The main purpose of the major renovation work is not to improve the fire safety of the walls or roof of the building.

c. When work is complete, there will be more than 10 associated parking spaces for the use of the dwellings.

d. Renovation work includes any of the following works carried out within the site boundary of the building.

i. Substantial work to the car park, such as resurfacing or installing electrical infrastructure.

ii. Work to the electrical infrastructure of the car park.

iii. Work to the electrical infrastructure of the building, where the car park is located within the building.

2.11 Where requirement S3 applies, the number of associated parking spaces that have access to an electric vehicle charge point must be a minimum of either of the following.

a. The number of associated parking spaces.

b. The number of dwellings that the car park serves.

2.12 If there are associated parking spaces where there is not a requirement to install electric vehicle charge points, cable routes must be installed in all remaining associated parking spaces.

Application of major renovation requirements for residential buildings

2.13 For a residential building undergoing a major renovation, the requirement to install electric vehicle charge points only applies for associated parking spaces where all of the following apply.

a. The electrical power supply to the building or car park prior to installation is sufficient for electric vehicle charge points to be installed. If the electrical power supply is insufficient, follow paragraph 2.8.

b. The cost of installing electric vehicle charge points and cable routes is not more than 7% of the total capital cost of the major renovation.

c. Where the cost of installing electric vehicle charge points and cable routes is more than 7% of the total cost of the major renovation, requirement S3 can be met by installing only cable routes in all associated parking spaces.

d. Where the cost of installing only cable routes is more than 7% of the total cost of the major renovation, there is no requirement to install either electric vehicle charge points or cable routes.

e. The associated parking space is not within a covered car park.

2.9 For parking spaces in a covered car park, the requirement to install electric vehicle charge points does not apply for those parking spaces and paragraphs 2.16 and 2.17 should be followed.

Major renovations of residential buildings

2.10 For a residential building where all of the following apply, electric vehicle charge points should be provided for the associated parking spaces.