Performance and limitations

Performance

In the Secretary of State’s view, you will meet the requirements of regulation 7 if you satisfy both of the following conditions.

a. Materials are of a suitable nature and quality in relation to the purposes and conditions of their use.

b. Workmanship is such that, where relevant, materials are adequately mixed or prepared and applied, used or fixed so as to perform adequately the functions for which they are intended.

Materials include:

a. manufactured products such as components, fittings, items of equipment and systems

b. naturally occurring materials such as stone, timber and thatch

c. backfilling for excavations in connection with building work.

Limitations

Regulation 7 applies to all building work. However, in accordance with regulation 8 and Schedule 1, the standards of materials and workmanship need be no more than are necessary to:

a. for Parts A–D, F–K, N and P (except for paragraphs G2, H2 and J7) of Schedule 1: secure reasonable standards of health or safety for people in or about the building

b. for Part E of Schedule 1: secure reasonable resistance to the passage of sound for the welfare and convenience of people in or about the building

c. for Part L of Schedule 1: conserve fuel and power

d. for Part M of Schedule 1: provide access to buildings and their facilities for people.

Section 1: Materials

1.1 Building work must meet the functional requirements of Schedule 1 to the Building Regulations.
Approved documents refer to materials covered by harmonised European product standards, British Standards and other technical specifications. However, there is no obligation to adopt any particular solution contained in an approved document in order to meet functional requirements; the references are not exclusive and other materials may be suitable in the particular circumstances.

Ways of establishing the fitness of materials

1.2 You can assess the suitability of a material for use for a specific purpose in a number of ways, as described in paragraphs 1.3 to 1.21.

CE marking under the Construction Products Regulation

1.3 Many materials are construction products that have CE marking under the Construction Products Regulation (305/2011/EU-CPR).

The Construction Products Regulation requires that construction products on the EU market covered by a harmonised European product standard should normally have CE marking. In addition, manufacturers of products not covered by a harmonised standard can choose to affix CE marking to their products by obtaining a European Technical Assessment.

NOTE: You can find a list of the harmonised product standards under the Construction Products Regulation on the NANDO information system website at http://ec.europa.eu/enterprise/newapproach/nando/index.cfm?fuseaction=cpd.hs.

1.4 CE marking includes the reference of the product standard and the levels or classes of performance being declared against some or all of the characteristics covered by the standard. The CE marking should be on the product, its label, the packaging or accompanying documents. The CE symbol by itself does not necessarily indicate that the material is suitable for the building work.

1.5 In addition to CE marking, the product will have a declaration of performance containing more detailed information on the product. This may be a paper or electronic document, or it may be on a website.

It is essential to check that the declared performance is suitable for the building works.

1.6 In the absence of indications to the contrary, the building control body should assume that the information given in the CE marking and declaration of performance is accurate and reliable, and that the product meets the declared performance.

1.7 If the declared performance of a product is suitable for its intended use, the building control body should not prohibit or impede the use of the product.

CE marking under other EU directives and regulations

1.8 Products may have CE marking under European legislation such as the Gas Appliances Directive or the Pressure Equipment Directive. Such CE marking shows that the product meets the essential requirements set out in the legislation – for example, minimum safety requirements – and can be placed on the EU market.

1.9 Some products have CE marking in accordance with both the Construction Products Regulation and other legislation. The CE marking shows that the product complies with the requirements in all relevant EU legislation.

British Standards

1.10 Nearly all British Standards for construction products are the British versions of harmonised European standards used for CE marking. The BSI numbering policy is to adopt the CEN numbering, prefaced with BS, e.g. BS EN 197-1:2000.

1.11 Some British Standards are the British version of non-harmonised European standards; these also adopt the CEN numbering, prefaced with BS. These do not contain an Annex ZA, so CE marking cannot be affixed to products made to these standards.

1.12 Some British Standards for products not covered by a European standard will continue to exist.

1.13 Where a construction product has been made and assessed in accordance with one or more British Standards referred to in 1.11 and 1.12, this may show whether the product is suitable for its intended use.

Other national and international technical specifications

1.14 An international technical specification, including those prepared by ISO, or a national technical specification of a country other than the UK, may be used to demonstrate that a product not covered by a harmonised European standard meets the performance requirements of the Building Regulations.

Where necessary, the person who intends to carry out the work should obtain translations of specifications and demonstrate how the material meets the requirements of regulation 7.

NOTE: The national technical specifications of EU member states (and non-EU countries that are full members of CEN) are being progressively replaced by harmonised European standards, as is the case with British Standards.

Independent certification schemes

1.15 There are many independent product certification schemes in the UK and elsewhere that may provide information on the performance of a product. Such schemes certify that a material complies with the requirements of a recognised document and indicates it is suitable for its intended purpose and use. These may be in addition to, but not conflict with, CE marking.

NOTE: Materials which are not certified by an independent scheme might still conform to a relevant standard.

1.16 Accreditation of a certification body by a national accreditation body belonging to the European co-operation for Accreditation (EA) provides a means of demonstrating that their certification scheme can be relied upon. In the UK, most independent certification bodies are accredited by the United Kingdom Accreditation Service (UKAS), which belongs to the EA.

It is important to check the scope of the accreditation of a certification body, as accreditation might cover only part of the certification body’s testing or certification business.

Tests and calculations

1.17 Where there is no relevant harmonised European standard, tests, calculations or other means may be used to demonstrate that the material can perform the function for which it is intended. UKAS or an equivalent national accreditation body belonging to the EA may accredit the testing laboratories; this accreditation provides a means of showing that tests can be relied on.

Past experience

1.18 Past experience, such as use in an existing building, may show that the material can perform the function for which it is intended.

Sampling

1.19 Under regulation 46 of the Building Regulations, local authorities have the power to take samples as necessary to establish whether materials to be used in building work comply with the provisions of the regulations.

1.20 Regulation 46 does not apply to any work specified in an initial notice or to any work for which a final certificate has been given by an approved inspector and accepted by the local authority.

1.21 Regulation 8 of the Building (Approved Inspectors etc.) Regulations 2010 provides that an approved inspector, having given an initial notice which continues to be in force, may take samples of material as are reasonable to establish within the limits of professional skill and care that regulation 7 of the Building Regulations or any other applicable regulations are complied with.

Short-lived materials

1.22 Some materials, in the absence of special care, may be considered unsuitable because of their rapid deterioration in relation to the expected life of the building.

1.23 A short-lived material which is readily accessible for inspection, maintenance and replacement may meet the requirements of the regulations if the consequences of failure are not likely to be serious to the health or safety of people in and around the building.

1.24 If a short-lived material is not readily accessible for inspection, maintenance and replacement, and the consequences of failure are likely to be serious for health or safety, it is unlikely that the material will meet the requirements of the regulations.

1.25 As noted in paragraph 0.2, local authorities have the power to impose conditions on the use of short-lived materials.

Materials susceptible to changes in their properties

1.26 The properties of some materials can change in certain environmental conditions. These changes can affect the performance of the materials over time.

1.27 Materials that are susceptible to changes in their properties may be used in building work and will meet the requirements of the regulations if the residual properties, including the structural properties, meet both of the following conditions.

a. Residual properties can be estimated at the time of their incorporation in the work.

b. Residual properties are shown to be adequate for the building to perform the function for which it is intended, for the expected life of the building.