Paragraph 17 Paragraph 80 Effect
Paragraph 80 inserts a new section 125A into the Building Act. Section 125A(1) makes clear that where the term "work" is used in the Act, this encompasses a material change of use, other than for a few exceptions. This gloss on the term "work" already appears in a number of places in the Act (see, for example, section 58(2)). Section 125A consolidates these existing glosses, which will be repealed as a consequence, and extends the gloss to a few additional and new provisions in the Act. New section 125A(1) provides powers to set out in building regulations exactly what is to be encompassed within a change of use; this replicates the existing power in paragraph 8(1)(e) of Schedule 1. The exceptions to the gloss, which are listed in new section 125A(3) cover provisions in the Act where it is clear that the term "work" is not intended to, or cannot, because of the context, include a change of use.
	New section 125A(2) provides reserve powers for regulations to prescribe other matters which might be covered by the term "work" in the provisions in subsection (3). This is because there may be circumstances where the Act and building regulations should apply but which may not fall within a common understanding of the term "work", for example, because physical work may not be involved, such as change to energy status (see Regulation 22 of the Building Regulations 2010). These regulations will be subject to the affirmative procedure.