Requirement S6 and regulation 44I: Mixed-use buildings
This section deals with requirement S6 from Part S of Schedule 1 and regulation 44I of the Building Regulations 2010.
Requirement
The erection of new mixed-use buildings and mixed-use buildings undergoing major renovation
S6. (1) The requirements of paragraph S1 apply in respect of the part of the new mixed-use building that contains one or more dwellings and the associated parking spaces that are assigned to those dwellings.
(2) The requirements of paragraph S3 apply in respect of the part of the mixed-use building that is undergoing major renovation that contains one or more dwellings and the associated parking spaces that are assigned to those dwellings.
(3) The requirements of paragraph S4 apply in respect of the part of the new mixed-use building that contains one or more new premises that are not dwellings and the parking spaces that are assigned to those premises.
(4) The requirements of paragraph S5 apply in respect of the part of the mixed-use building that is undergoing major renovation that contains one or more premises that are not dwellings and the parking spaces that are assigned to those premises.
Regulation
Application of paragraph S6 of Schedule 1 (the erection of new mixed-use buildings and mixed-use buildings
undergoing major renovation)
44I. (1) The requirements of paragraph S6 of Schedule 1 apply to the erection of a new mixed-use building and a mixed-use building undergoing major renovation as follows.
(2) The requirements of paragraph S6 of Schedule 1 apply if, upon completion, such a mixed-use building will have at least one parking space situated within the site boundary of the building.
(3) If such a mixed-use building has, or will have, within its site boundary, a covered car park:
(a) if there are or will be any parking spaces situated in a position other than in a covered car park:
(i) the requirements of paragraph S6 of Schedule 1 must first be applied in relation to those parking spaces; then
(ii) if the number of parking spaces, which are situated in a position other than in a covered car park, is insufficient to completely fulfil the requirements of paragraph S6 of Schedule 1, cable routes for electric vehicle charge points must be installed in accordance with:
(aa) regulation 44D(4)(a), in relation to the associated parking spaces for one or more dwellings in a new mixed-use building;
(bb) regulation 44F(6)(a), in relation to the associated parking spaces for one or more dwellings in a mixed-use building undergoing major renovation;
(cc) regulation 44G(2)(a), in relation to the parking spaces for one or more premises that are not dwellings in a new mixed-use building;
(dd) regulation 44H(4)(a), in relation to the parking spaces for one or more premises that are not dwellings in a mixed-use building undergoing major renovation;
Requirement S6 and regulation 44I: Mixed-use buildings
This section deals with requirement S6 from Part S of Schedule 1 and regulation 44I of the Building Regulations 2010.
Requirement
The erection of new mixed-use buildings and mixed-use buildings undergoing major renovation
S6. (1) The requirements of paragraph S1 apply in respect of the part of the new mixed-use building that contains one or more dwellings and the associated parking spaces that are assigned to those dwellings.
(2) The requirements of paragraph S3 apply in respect of the part of the mixed-use building that is undergoing major renovation that contains one or more dwellings and the associated parking spaces that are assigned to those dwellings.
(3) The requirements of paragraph S4 apply in respect of the part of the new mixed-use building that contains one or more new premises that are not dwellings and the parking spaces that are assigned to those premises.
(4) The requirements of paragraph S5 apply in respect of the part of the mixed-use building that is undergoing major renovation that contains one or more premises that are not dwellings and the parking spaces that are assigned to those premises.
Regulation
Application of paragraph S6 of Schedule 1 (the erection of new mixed-use buildings and mixed-use buildings undergoing major renovation)
44I. (1) The requirements of paragraph S6 of Schedule 1 apply to the erection of a new mixed-use building and a
mixed-use building undergoing major renovation as follows.
(2) The requirements of paragraph S6 of Schedule 1 apply if, upon completion, such a mixed-use building will have at least one parking space situated within the site boundary of the building.
(3) If such a mixed-use building has, or will have, within its site boundary, a covered car park:
(a) if there are or will be any parking spaces situated in a position other than in a covered car park:
(i) the requirements of paragraph S6 of Schedule 1 must first be applied in relation to those parking spaces; then
(ii) if the number of parking spaces, which are situated in a position other than in a covered car park, is insufficient to completely fulfil the requirements of paragraph S6 of Schedule 1, cable routes for electric vehicle charge points must be installed in accordance with:
(aa) regulation 44D(4)(a), in relation to the associated parking spaces for one or more dwellings in a new mixed-use building;
(bb) regulation 44F(6)(a), in relation to the associated parking spaces for one or more dwellings in a mixed-use building undergoing major renovation;
(cc) regulation 44G(2)(a), in relation to the parking spaces for one or more premises that are not dwellings in a new mixed-use building;
(dd) regulation 44H(4)(a), in relation to the parking spaces for one or more premises that are not dwellings in a mixed-use building undergoing major renovation;
Section 5: Mixed-use buildings
Application of Part S for mixed-use buildings
5.1 For any of the following types of work on a mixed-use building, requirements to install electric vehicle charging infrastructure will apply.
a. Constructing a new mixed-use building.
b. A major renovation of a mixed-use building.
NOTE: Undertaking a material change to a mixed-use building is already accounted for in requirement S2. Requirement S6 makes no difference to these cases.
5.2 For example, if a new building is constructed which has retail space on the ground floor and dwellings on the floors above, then the requirements would apply as follows
a. Requirement S1 would apply to the dwellings and the parts of the building provided solely for the dwellings, such as corridors and lobbies.
b. Requirement S4 would apply to parts of the building provided solely for the retail space.
5.3 Where relevant work is undertaken on a mixed-use building, it should be determined which parking spaces are associated parking spaces for the use of occupants of the dwellings, and which parking spaces are for use by users of the non-residential function of the building. If in doubt, the requirements for residential buildings should apply.
5.4 For mixed-use buildings which have parking spaces within a covered car park, any requirements to install electric vehicle charge points or cable routes must first be applied to those parking spaces outside the covered car park.
5.5 If the number of parking spaces outside the covered car park is insufficient to meet the requirements to install electric vehicle charge points and cable routes, the following guidance should be followed.
a. For associated parking spaces for dwellings in a new mixed-use building, paragraph 1.2.
b. For associated parking spaces for dwellings in a building undergoing major renovation, paragraphs 2.16 and 2.17.
c. For parking spaces for the parts of a new mixed-use building which are not dwellings, paragraphs 3.3 and 3.4.
d. For parking spaces for the parts of a new mixed-use building undergoing a major renovation, paragraphs 4.5 and 4.6.
NOTE: Paragraph 5.5 also applies if all parking spaces are within a covered car park.
