Key

 

Warranty Position Regulatory Position and Guidance Exemptions Does B4 still apply?
Green indicates we consider our position best practice and not in dispute Grey items cover the December 2018 Amendments, Approved Documents and MHCLG's own FAQs and advice notes Green indicates that the item IS exempt from Regulation 7(2), in accordance with Regulation 7(3) Green indicates that B4 still applies, and refers to relevant parts
Yellow indicates our position has the potential to be subjective   Red indicates that the item is NOT exempt. Refer to Regulation 7(3) Red shows that B4 no longer applies

 

Warranty Position

Explanation/Notes: A specified attachment is defined as being:

  1. a balcony attached to an external wall;
  2. a solar panel attached to an external wall

Note:

Brise Soliel was listed as is a specified attachment in the December 2018 Amendments to the regulations. Refer to clause 2(6)(b)(ii)

However, due to a judicial review, Brise Soliel is no longer listed as a specified attachment, refer to Government Circular, 11 December 2019. It is, however, proposed in Section 6 of the MHCLG January 2020 consultation on the Review of the ban on combustible materials that Brise Soliel should achieve combustibility class A2-s1, d0 or A1.

Requirement: All materials to achieve combustibility class A2-s1, d0, or better, unless they are exempt within 7(3).

Is the position indisputable? Yes

December 2018 Amendment

Section 2 Reference: 2(6)(b).

Reference title(s): Specified attachment means — (see explanation / notes above).


Approved Document

Section B4:

  • External fire spread: Section 10.5
  • External surfaces: Section 10.6
  • Materials and products: Section 10.9
  • Materials: Section 10.10
  • Defining 'relevant' buildings

Appendix A: Key terms
*External wall


MHCLG FAQS / Advice Notes

Reference: None

Reference title(s): None

Exemptions

Is the item exempt from Regulation 7(2), in accordance with Regulation 7(3)?: No

Reference: None

Statement: None

If exempt, are there any restrictions on the use of the system, component or material given in the guidance in ADB vol 2? None

Does B4 still apply?

Yes: Reference: B4-(1) and B4-(2)

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Disclaimer: The information in this document is believed to be correct in light of information currently available and at the time of publication but is not guaranteed. Neither LABC Warranty nor its agents can accept responsibility in respect of the contents or any events arising from the use of the information contained within this site. The guidance provided does not replace the reader’s professional judgement and any construction project should comply with the relevant Building Regulations or applicable technical standards. For the most up to date LABC Warranty technical guidance please refer to your Risk Management Surveyor and the latest version of the LABC Warranty Technical Manual.