Legal
Fuel for thought
What do the proposals to amend Part J of the Building
Regulations mean for the sector? Hywel Davies considers
the prospects for a move towards deregulation
P
art J of the Building Regulations covers all whether Approved Document J should cover gas fuelled

fuel burning appliances installed in buildings, installations at all.
including solid fuels, oil, liquid propane What are the key changes being considered for Part
and butane, and natural gas. As with all J? The consultation makes it clear that there is a broad
other building regulations, Part J addresses the basic view that the Approved Document remains broadly
requirements for such systems to be so installed that appropriate. However, there are six issues where further
the building occupants are safe. And because Building guidance is being considered or proposed:
Regulations apply whenever such a system is installed, • Air supply for combustion in airtight homes: As new
even as a replacement, Part J reaches parts of the market homes become more airtight, they need adequate air
other Building Regulations rarely reach. supply for combustion appliances. Further
Anyone who has glanced at this column in previous research is being commissioned;
months will know of the major changes earlier this year to • Better guidance on bio-fuel boilers:
as new
the regulation of gas installers. The new Gas Safe Register Changing guidance on solid fuel
is now responsible for installer registration, supervision appliances to take account of the much homes
and enforcement of the Gas Safety Regulations, replacing wider range of products now available,
become more airtight,
CORGI. to adopt a more flexible approach that
The regulations cover installation of any gas-fuelled reflects the range of requirements, for they need adequate air
appliance, whether boilers, water heaters, cookers or any example on flue sizes and appliance
supply for combustion
permanently installed gas appliance. Quite simply, they locations, for different appliances;
require that such appliances are only installed by those • Carbon monoxide alarms: Proposing appliances
registered as competent to undertake the installation of to require the fitting of battery powered
that particular class of appliance. alarms, either for all solid fuel appliances, or for all non
Considering the destructive power of a gas explosion, room sealed installations;
that seems reasonable. And when we think about the • Concealed flues: To require proper access for inspection
lethal menace of carbon monoxide leaking from a badly of flues concealed in voids;
installed appliance, it also seems reasonable to insist • Pluming from condensing boilers: To include guidance
that installers have some recognised certification of in the AD on ‘considerate location’ of flues from
competence. And that is what the Gas Safe Register condensing boilers, which can give rise to disputes
aims to ensure. So in addition to requiring registration, between neighbours; and
Gas Safe sets out specific requirements for registered • Consideration of a blanket requirement for the bunding
installers to follow when carrying out work. These are of domestic oil tanks – although the Department for
WHat is an approveD
not guidance, but clear requirements which a competent Communities and Local Government makes clear that it
Document?
installer is always expected to follow. This contrasts with does not currently consider this would be cost effective. each approved Document
the status of Approved Document J, which, as with all the The most significant of these for those involved in the
(aD) says: ‘aDs are intended
Approved Documents, provides guidance and does not design of buildings, either new build or refurbishment,
to provide guidance for some
of the more common building
have to be followed (see sidebar). are the air supply requirement, and the need to consider
situations. However, there
This raises the question of what the registered where flues are located, and how they are to be accessed
may well be alternative ways
gas installer is to do with the guidance in Approved for inspection. Failure to address this could result in an of achieving compliance with
Document J. If it covers topics already addressed by the investigation not just by Building Control, but in the worst
the requirements. thus there
requirements of the Gas Safe Register, then it is clear that case by Health and Safety Executive, due to the potential
is no obligation to adopt any
particular solution contained
the installer follows those requirements – regardless of life safety issues surrounding a faulty concealed flue. l
in an aD if you prefer to meet
any guidance in Part J. This raises the question, which
the relevant requirement in
CIBSE has included in its response to the consultation, of
Hywel Davies is technical director of CIBSE.
some other way.’
26 CIBSE Journal January 2010 www.cibsejournal.com
CIBSEjan10 pp26 legal.indd 26 17/12/09 16:05:04
Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68  |  Page 69  |  Page 70  |  Page 71  |  Page 72