Building Regulations relaxation and dispensation
Regulation 11 (1) Building Regulations 2010 & Section 8 (1) Building Act 1984
The requirements in Schedule 1 of the Building Regulations are expressed in broad, functional terms and relate to what is ‘reasonable’, ‘adequate’ or ‘appropriate’.
With the exception of the requirements for the conservation of fuel and power and access and facilities for disabled people, the regulations limit the effect of the requirements to the purpose of securing ‘reasonable standards of health and safety for persons in or about buildings’.
An application for the relaxation or dispensation of a requirement should be made to the Local Authority Building Control group, and can be made at any time during the plan appraisal or site construction of the building work, however the sooner within the development programme the better.
A relaxation is when you believe that a part of a requirement is too onerous and a lower standard is functionally adequate.
A dispensation is when you believe that the whole of a requirement is too onerous and should not be applied.