Consultation outcome

New build developments: delivering gigabit-capable connections

Updated 22 September 2022

This was published under the 2019 to 2022 Johnson Conservative government

Ministerial foreword

Fast and reliable broadband connections are critical to the economy and to our quality of life. The COVID-19 pandemic has further highlighted the crucial role that connectivity plays in our lives, supporting huge increases in online interaction, remote working and entertainment. The deployment of gigabit-capable broadband will accelerate our recovery from the coronavirus pandemic, fire up high growth sectors like tech and the creative industries and level up the country, spreading wealth and creating jobs the breadth of the UK.

It is a government priority to deliver gigabit-capable broadband to all parts of the UK. Firstly, we are doing this through one of the largest and most ambitious infrastructure projects in a generation. In March we launched Project Gigabit, announced funding of up to £110 million over the next three years to connect schools, GP surgeries, libraries in hard to reach places, and announced £210 million for a new voucher scheme for hard to reach communities, which opened in April 2021.

We have seen a great deal of progress in recent years, with gigabit broadband now reaching just over half of UK households, and the UK is on track for one of the fastest rollouts in Europe. Today, 65% of premises can access gigabit-capable networks, up from just one in ten in November 2019, and by 2025 the government is targeting a minimum of 85% gigabit-capable coverage. It is essential that modern, new build homes also have access to the very best connectivity available.

Secondly, in support of meeting these coverage targets and to ensure that modern new build homes also have access to the very best gigabit broadband as standard, our consultation response published in March 2020 set out a policy to ensure that new homes in England get the connectivity they need. While the broadband and housing market - driven by government policy - has made significant strides in recent years to ensure new build homes have gigabit broadband, there are still a significant number of house buyers who miss out on getting the best connectivity in their new homes and therefore the huge benefits that this brings. We are committed to levelling up across the whole of the United Kingdom to ensure that no community is left behind and these proposals for new build homes in England will play an important role in this agenda.

Thirdly, I am delighted to present this technical consultation which confirms our legislative proposals that will require developers to ensure that:

• all new build homes are installed with the gigabit-ready physical infrastructure necessary for gigabit-capable connections;
• a gigabit-capable connection is installed in a new build home subject to a £2,000 cost cap per dwelling; or
• where a gigabit-capable connection is not being installed, the next fastest broadband connection is installed without exceeding the £2,000 cost cap

These balanced requirements will benefit homebuyers and residents. They are supported by telecommunications network operators who have committed to contribute significantly to the costs of installing gigabit-capable broadband in new build homes, aiding developers to meet these requirements. We hope you agree that our legislative approach balances the interests of developers, network operators and homeowners.

In developing these proposals, my officials have worked closely with counterparts at the Department for Levelling Up, Housing and Communities (DLUHC). The deployment of gigabit-capable broadband connections to new homes is consistent with DLUHC’s wider work to level up communities. Fast and reliable broadband will help owners of new homes throughout the country to live and work more flexibly and will help to support social inclusion and growth.

Lastly, I want to thank everyone who responded to our previous policy consultation for sharing their experience and insight. We welcome views on the legislative amendments in this technical consultation which represent a vital step in offering the fast, reliable and future-proof connections needed for new build homes.

Julia Lopez
Minister for Media, Data, and Digital Infrastructure

Executive summary

As the UK accelerates the deployment of new networks, there is a real opportunity for new build homes to be deployed with gigabit connectivity from the outset instead of at a later point with high civil works costs. Ensuring that all new build homes in England are built with gigabit-ready infrastructure and gigabit-capable connections will be a significant step towards delivering world-class digital infrastructure to the UK.

The consultation ‘New Build Developments: delivering gigabit-capable connections’ outlined our policy proposals to mandate gigabit-capable connections in all new build homes. The consultation opened on 29 October 2018 and closed on 21 December 2018. The government response to the consultation was published on 17 March 2020 and announced proposals to use existing powers in the Building Act 1984 to amend the Building Regulations 2010. These powers will be used to ensure that developers install the gigabit-ready physical infrastructure necessary for gigabit-capable connections for all new build homes and, where this can be achieved within a cost cap, that the property is connected by a network operator to a gigabit-capable connection.

There are clear benefits to placing a requirement to deploy gigabit-capable broadband in the Building Regulations 2010. It provides a recognised process for developers to comply with, mirroring other requirements under the Building Regulations 2010. It keeps the administrative burden on developers to a minimum and gives a clear point in time for submission of evidence. It also provides a ready-made enforcement regime that provides proportionate levers to ensure compliance by developers and so incurs less cost than other proposals highlighted within previous consultations. The guidance set out in the Approved Document that will accompany the updated Building Regulations 2010 will also ensure that there is a clear framework in which to operate when installing gigabit-capable broadband.

The requirements are technologically neutral, allowing developers to install the most appropriate gigabit-capable infrastructure for individual developments. This will also future-proof the requirements, ensuring that the deployment of technological developments enabling gigabit connectivity will not be restricted.

Consultation

This consultation is pursuant to section 14(3) of the Building Act 1984 and is also a full public consultation. The purpose is to seek views on new gigabit-capable broadband legal requirements and associated statutory guidance for developers in relation to new build homes.

The two requirements (set out in detail in Chapter 3) are for developers to ensure new build homes are installed with:

1. Gigabit-ready physical infrastructure necessary for gigabit-capable connections (consisting of infrastructure including ducts, chambers and termination points) up to a network distribution point where reasonably practicable; and

2. Subject to a £2,000 cost cap per dwelling, a gigabit-capable connection (composed of equipment such as an optical fibre cable or other technological means of facilitating such a connection).

Where a developer is unable to secure a gigabit-capable connection not exceeding the cost cap,^{[footnote 1]} a developer will be required to install the next best technology connections available, provided this can be done without that connection also exceeding the cost cap.

In the first instance this should be at least a superfast 30 Mbps connection and failing that at least a standard broadband connection, as defined in the Broadband Universal Service Obligation.^{[footnote 2]} Where no connection can be secured without exceeding the cost cap, the first requirement to install the physical infrastructure necessary for gigabit-capable connections (which the cost cap does not apply to) will apply in almost all circumstances to ensure that the home is future-proofed and ready for gigabit connectivity.

These requirements will apply to new build homes in England, including residential dwelling aspects of a mixed-use building (including live/work units e.g. a flat (dwelling) that is a workplace for people who live there, its occupants, and for people who do not live on premises) and self-built homes. We are also consulting on the applicability of the requirements to buildings converted to homes.

The new requirements will be supported by statutory guidance providing further information to developers on typical means of ensuring compliance.

The existing access requirements in the Building Regulations 2010 relating to the installation of physical infrastructure for high-speed electronic communications networks in buildings (superfast broadband) will be retained in relation to new non-residential buildings as well as existing residential and non-residential buildings that are subject to major renovation work.

Development of these proposals

We have been assisted by industry and other external partners to develop these technical proposals when reviewing the Building Regulations 2010. In line with our legal obligation under the Building Act 1984, we established a technical working party in 2020, comprising of members of the Building Regulations Advisory Committee (BRAC) and a diverse range of stakeholders both from the building, building control and telecommunications industries to offer views and advice on the new requirements and consultation options. We are extremely grateful for the advice and assistance provided by stakeholders including those who have responded to our previous policy consultation. We look forward to receipt of responses and engagement from all interested parties to assist with the final proposals.

The options set out in this consultation were analysed in a de minimis assessment as per government procedure. It confirms the options have an equivalent annual direct economic impact of under a threshold of £5 million.

Application

Building regulations are a devolved matter. Therefore, the legislative amendments to the Building Regulations 2010 will apply to new build homes in England only. However, the provision of gigabit-capable connections to new build homes is a priority for the government across the whole of the UK. We are therefore working closely with the Devolved Administrations to enable this policy to be implemented across the UK.

Transitional arrangement

The new requirements will likely come into force three months after the legislation is made, providing industry a suitable time period for familiarisation with the new requirements. The Department for Digital, Culture, Media and Sport and the Department for Levelling Up,

Housing and Communities will support stakeholders by raising awareness of the new requirements. Additional detail on this support is included in the section on information provision.

Timings and implementation

The technical consultation will close for responses on 28 February 2022. We will aim to publish the consultation response and lay the implementing legislation as soon as Parliamentary time allows, with the legislative amendments coming into force as soon as possible.

Introduction

Background

The government has an ambition to deliver nationwide gigabit-capable broadband as soon as possible. The nationwide availability of gigabit-capable broadband will enable consumers and businesses to reap the huge benefits of the fastest and most resilient internet connections:

For the public, now more than ever, it is an indispensable tool of daily life, especially as we build back better from the coronavirus pandemic, enabling people to work from home and children to continue their education

Gigabit-capable broadband also allows people to access public services online, shop for bargains and access new online consumer services. It will make local communities better places to live, to invest, to set up a business and retain talented young people. It will create more opportunities in rural areas, allowing more people to work from home

For the economy, it will support increased productivity and new business opportunities. For the UK to remain competitive and harness the economic power of digital technology and enterprise, it must encourage a nationwide deployment of gigabit-capable networks

The government has therefore announced a suite of measures to achieve nationwide rollout of world-class broadband as soon as possible, recently pledging £5 billion to roll out gigabit-capable broadband to the hardest to reach parts of the country. Project Gigabit, launched in March 2021, sets out:

• the first areas in England to benefit from funding
• an extra £210 million worth of vouchers released to help those with slow speeds
• £110 million to connect up to 7,000 rural GP surgeries, libraries and schools
• a call for evidence on using satellite and wireless technology to connect very hard to reach areas, where they are potentially beyond the reach of terrestrial fibre-based delivery.

In addition to Project Gigabit and legislative changes for new build homes, there are a number of steps being undertaken to aid the nationwide roll out of gigabit-capable broadband, including:

• consulting on the Electronic Communications Code (‘the Code’) to ensure network operators through agreements with landowners can obtain fast and cost-effective access to land. This enables network operators to install, maintain and upgrade their equipment to deliver the telecommunications network that we all need. The consultation closed on 24 March 2021 and a response was published on 24 November. The legislative changes contained in the response are being brought forward in the Product Security and Telecommunications Infrastructure Bill which was introduced in Parliament on 24 November 2021.
• introducing the Telecommunications Infrastructure (Leasehold Property) Act 2021, to address network operators’ concerns about access to blocks of flats and apartments in circumstances where there is a non-responsive landowner. This will support the 10 million people in multi-dwelling buildings to get access to better broadband.
• consulting on the Communications (Access to Infrastructure) Regulations 2016 (‘ATI Regulations’) to ensure telecommunications operators can request information about and access to the physical infrastructure (e.g. duct, poles and other passive infrastructure) of other telecommunications, utility and transport operators. Responses to a call for evidence published in June 2020 identified a number of potential improvements to the regime. The government response to the Review was published on 24 November 2021. When Parliamentary time allows, we will create a power for the Secretary of State to amend the Regulations through secondary legislation, subject to consultation and the affirmative resolution procedure.

As with many of these measures, the amendments to the Building Regulations 2010 will provide greater certainty to industry and lower the costs of building networks, enabling the market to deploy gigabit-capable broadband as fast and as far as possible.

Broadband in new build homes

The market, spurred on by the government’s clear, ambitious policies, has driven significant improvements in new build home broadband connectivity in recent years. Thinkbroadband news service details that of all new homes built in 2017, 59.2% in the UK currently have access to a full fibre connection (capable of providing gigabit-capable broadband connectivity). This figure has steadily improved to 87.7% of all new homes built in 2019 and 90% in 2020.^{[footnote 3]}

The remaining new build premises without full fibre or another form of gigabit connectivity are mostly, but not solely, located in developments of under 30 premises. These smaller developments often require expansion of the core network (also sometimes referred to as the spine) to be installed at significant expense to network operators. Combined with the lesser revenue opportunities offered by smaller developments, this makes smaller sites a more expensive proposition for network operators than larger sites.

Currently there are no legislative requirements for new build homes relating to gigabit-ready physical infrastructure or gigabit-capable connections. Existing requirements (see Part R of Schedule 1) are restricted to ‘physical infrastructure which enables copper or fibre-optic cables or wireless devices capable of delivering broadband speeds greater than 30 Mbps’. This only represents in-building physical infrastructure required. These requirements are also only for access to support superfast speeds as opposed to gigabit speeds. Equally the provisions do not extend to a requirement for the installed equipment to provide a connection through a network operator.

Part R of Schedule 1 to the Building Regulations 2010

The Building Regulations 2010 include a schedule of functional requirements that must be complied with when building work is carried out. The current requirements relating to the installation of physical infrastructure for high-speed electronic communications networks in buildings (superfast broadband) are contained in Part R of Schedule 1 to the Building Regulations 2010. Part R states:

R1

(1) Building work must be carried out so as to ensure that the building is equipped with a high-speed-ready in-building physical infrastructure, up to a network termination point for high-speed electronic communications networks.
(2) Where the work concerns a building containing more than one dwelling, the work must be carried out so as to ensure that the building is equipped in addition with a common access point for high-speed electronic communications networks.

Requirement R1 applies to building work that consists of -

(a) the erection of a building; or
(b) major renovation works to a building.

Part R was introduced through the transposition of the Broadband Cost Reduction Directive.^{[footnote 4]} Article 8 of the Directive required that new buildings and major renovations be equipped with high-speed-ready in-building physical infrastructure.

Approved Document R

The requirements in Part R of Schedule 1 to the Building Regulations 2010 are supported by Approved Document R which took effect on 1 January 2017. Approved Documents are statutory guidance covering general guidance on the performance expected of materials and include building work in order to comply with the Building Regulations 2010 and practical examples and solutions on how to achieve compliance for some of the more common building situations. Whilst not guaranteed, where a developer follows the guidance set out in an Approved Document there is a presumption of compliance with the legal requirements covered by the guidance. In summary, Approved Document R:

• provides limited high-level performance based technical guidance. There are no specifications provided for the physical infrastructure and there is no obligation to adopt any specific suggestion in the Approved Document
• sets out that the requirement to provide in-building physical infrastructure in paragraph R1 is in place to enable copper or fibre-optic cables or wireless devices capable of delivering broadband speeds greater than 30 Mbps to be installed
• confirms the requirement applies in England^{[footnote 5]} to new buildings and to existing buildings that are subject to major renovation works where proportionate, and applies both to dwellings (single occupancy and multi-dwelling buildings providing schematic examples) and to buildings other than dwellings
• clarifies that the design of in-building physical infrastructure should take account of future technologies
• sets out limited exemptions including:
  • buildings in isolated areas where the prospect of a high-speed connection is considered too remote to justify equipping the building with high-speed ready in-building physical infrastructure or an access point
  • listed buildings^{[footnote 6]} and buildings in a conservation area^{[footnote 7]} where the requirements would unacceptably alter their character or appearance
  • buildings occupied by the Ministry of Defence or the armed forces of the Crown, or otherwise occupied for purposes connected to national security
  • major renovation works in cases in which the cost of compliance would be disproportionate to the benefit gained
• sets out that the existing Part R applies to both residential and non-residential buildings

The existing Part R provisions and Approved Document R content will be retained for new non-residential buildings and existing residential and non-residential buildings that are subject to major renovation works.

The steps to installing gigabit-capable broadband in new build homes

The exact process for installing gigabit-capable broadband in new build homes is dependent on which network operator is engaged. However, the overarching steps remain the same for all developments:

Gigabit-capable broadband installation steps

1. Developer (or a contractor working on their behalf) contacts network operator.

2. Network operator quotes.

3. Agreement reached and signed.

4. In-building physical gigabit-ready infrastructure installed (an access point for dwellings, which can be a common access point in multi-dwelling buildings, connected to the required network termination point for each dwelling).

5. Necessary external physical gigabit-ready infrastructure installed from the network termination point to the nearest network distribution point (different methods are used). This work will be done in phases for developments but would typically include on-site ducts, chambers and termination points.

6. Gigabit-capable connection to the network distribution point installed (in some cases this will involve expansion of the network), composed of an optical fibre cable or other equipment by which such a connection will be provided.

7. Consumer contracts with a relevant internet service provider who activates the gigabit network connection.

The new requirements are designed to align with all of these current practices and steps so as not to impose new practices but complement existing ones. ^{[footnote 8]} This will ensure that all developers are taking the necessary steps to equip new build homes with gigabit-ready infrastructure and gigabit-capable connections whilst minimising burdens.

Building control

The requirements for developers will ensure new build homes have gigabit-capable connections through the installation of:

• the gigabit-ready physical infrastructure necessary for gigabit-capable connections (consisting of infrastructure including ducts, chambers and termination points) up to an off-site network distribution point where reasonably practicable; and
• subject to a £2,000 cost cap per dwelling, a gigabit-capable connection (composed of equipment such as an optical fibre cable, other cabling or wiring, or wireless connection that will provide gigabit-capable broadband if such a service were to be provided by an Internet Service Provider)

Where a developer is unable to meet the second requirement and secure a gigabit-capable connection, for example because the developer costs incurred after any network operator contribution exceed the cost cap or another exemption applies (see Gigabit-ready physical infrastructure exemption), a developer will be required to install the next best technology connections available unless the quote for that installation also exceeds the cost cap. In the first instance this should be at least a superfast 30 Mbps connection and failing that a broadband connection in line with the Broadband Universal Service Obligation’s download speed. As set out in the Universal Service Order 2018, this is currently a connection delivering at least 10 Mbps download speed (along with other defined quality parameters).^{[footnote 9]} Where future amendments to the Universal Service Order 2018 10 Mbps download speed requirement are made, the requirement for new homes will require review.

Where no connection can be secured without exceeding the cost cap, the first requirement to install gigabit-ready physical infrastructure necessary for gigabit-capable connections will ensure that the new build home is future-proofed and ready for gigabit connectivity unless any further exemption based on the remoteness of the property is appropriate (see Gigabit-ready physical infrastructure exemption). In the absence of a broadband connection in line with a Broadband Universal Service Obligation connection, a consumer will normally be able to make a request for a Universal Service Obligation connection.

The Broadband Universal Service Obligation is a UK-wide measure intended as a ‘safety net’ to deliver broadband to those premises that do not have access to a decent and affordable connection. This is currently defined as a connection delivering at least 10 Mbps download speed and 1 Mbps upload speed (along with other defined quality parameters). Ofcom has defined an affordable connection as one that costs not more than £46.40 per month. The Broadband Universal Service Obligation provides a legal right to consumers to request a broadband connection, up to a cost threshold of £3,400 providing eligibility criteria are met, and a mechanism to contribute above this threshold to ensure a connection within a specified timeframe.

Gigabit-ready physical infrastructure

The developer’s requirement to install the gigabit-ready physical infrastructure necessary for gigabit-capable connections will require building works to ensure that each dwelling (including each individual dwelling in multi-dwelling buildings) is equipped with the required infrastructure to support at least one gigabit-capable connection. This includes in-building and exterior infrastructure. Infrastructure can be located anywhere within the site such as in the footpath, driveway or common area leading from the building.

In-building physical infrastructure

For the developer to meet the requirement to install gigabit-ready physical infrastructure the new build home will need to be equipped with a network termination point. This is the physical point where an occupier is provided with network access (typically inside the home but this can be outside). This will connect internally within the building to an access point (a physical point, located inside or outside the building, accessible to the network operator). A common access point for a gigabit-capable connection is additionally required where the building contains more than one home.

Exterior infrastructure

For the developer to meet the requirement to install gigabit-ready physical infrastructure the new build home will also need to be equipped with infrastructure external to the building. This can vary across developments but will typically include installation of ducts, chambers, cabinets, towers and poles leading from the typically in-building network termination point via an access point.

This gigabit-ready physical infrastructure will need to extend to one of the following points in order of priority:

• a network operator’s network distribution point for gigabit-capable connections, which could be off-site, or
• where the developer has no right to install gigabit-ready physical infrastructure on intervening land in which it would have to be installed to reach the network distribution point, a point as close as is reasonably practicable to the network distribution point, or
• where the developer has no right to install such infrastructure in land beyond the building, a network termination point’s corresponding access point or common access point’

This stepped approach is designed to ensure that the requirement does not extend to the installation of infrastructure on or over another party’s land upon which the developer does not have the rights to access.

A network distribution point will vary based on the network in question and may typically include cabinets, boxes mounted on walls or telephone poles. It is the point at which the network operator’s spine or core network ends. In order to facilitate a connection, the network operator’s spine or core network must be met by physical infrastructure leading from the dwelling’s network termination point, via an access point.

Where developers are unable to install gigabit-ready physical infrastructure to a network distribution point because they are unable to access intervening third party land to do so, a network operator may be able to gain access to the intervening third party land, including through engaging Electronic Communications Code (‘the Code’) powers. The Code is the legal framework underpinning network operators’ rights to install and keep electronic communications apparatus on public and private land, and to carry out other activities needed to provide electronic communications networks. The purpose of the Code is to provide a regulatory framework that supports and encourages the efficient and cost-effective installation and maintenance of robust digital communications networks.

As the locations of network operator’s networks and distribution points will vary across developments, we encourage developers to work with network operators as early as possible to ensure that the installed infrastructure is capable of hosting gigabit-capable connection equipment to ultimately establish a live network connection. This work should ensure that planned infrastructure deployment corresponds to a network operator’s planned or located network distribution point. The statutory guidance (see statutory guidance (Approved Document R) will provide further information as to how this requirement can be met.

Infrastructure performance and specifications

The installation of the gigabit-ready physical infrastructure necessary for gigabit-capable connections will be defined in a similar way to existing arrangements for high-speed electronic communications networks in the existing Part R, updated for gigabit connectivity. Namely, it will include any infrastructure or installation which is intended to host elements, or enable delivery, of wired or wireless gigabit-capable public electronic communications networks that are capable of delivering a broadband access service at download speeds of at least 1,000 Mbps.

The requirements will not specify what infrastructure should be used. It will need to be able to host elements or enable delivery of either wired or wireless gigabit-capable public electronic communications networks. A non-exhaustive list of infrastructure types that could be used including: on-site pipes, masts, ducts, chambers, manholes, buildings or entries to buildings, antenna installations, towers, poles and termination points. The physical infrastructure requirement does not include an optical fibre or other cabling or wiring equipment that will provide the broadband connection related to the second requirement and installing a connection.

These physical infrastructure requirements will not be subject to a cost cap given the low costs involved to developers and the need for residents to be able to obtain gigabit connectivity. Within most new build developments, groundworks will be carried out at an early stage to enable connection to other utilities, which should also assist with the inclusion of the physical infrastructure.

Physical infrastructure and next best technology connections

Save for where an exemption is applicable (see Gigabit-ready physical infrastructure exemption, the gigabit-ready physical infrastructure requirement will apply to all new build homes in scope. We anticipate that in some cases a developer will:

• not be able to fit a gigabit-capable connection within the cost cap, so will be under an obligation to fit a next best technology connection (see Next best technology connections, and
• be required to fit gigabit-ready physical infrastructure, but
• will be unable to use gigabit-ready physical infrastructure capable of supporting both a next best technology connection (for example, a high-speed electronic communications network connection) and a gigabit-capable connection in parallel

In this scenario, where a developer is unable to meet the requirement to install a gigabit-capable connection (i.e. an optical fibre, cabling or wiring or wireless equipment connection that will provide gigabit-capable broadband), they will be required to install two sets of physical infrastructure.

However, in many cases we anticipate that the gigabit-ready physical infrastructure to be installed will also support a high-speed electronic communications network connection, if a gigabit-capable connection is not required. We are keen to seek views on the likelihood of duplicate infrastructure being required, any practical difficulties anticipated and any significant burden this may impose.

Gigabit-ready physical infrastructure exemption

As detailed above, the requirement to install the gigabit-ready physical infrastructure necessary to support gigabit-capable connections exists even where installing the gigabit-capable connection exceeds the cost cap or a next best technology connection will be unable to use gigabit-ready physical infrastructure (see Physical infrastructure and next best technology connections. This means that when a gigabit-capable broadband connection exceeds the cost cap at the point of construction or an alternative connection is installed, new build homes will still be built with the right infrastructure to support a gigabit-capable connection in the future.

This obligation can be fulfilled in a variety of different ways, although in most cases this would involve the new build home having the necessary physical infrastructure to support a gigabit-capable full fibre connection. This infrastructure can be located anywhere within the site, such as in the footpath, driveway or common area of the site in which the dwelling is located, the outside wall of the dwelling and inside the dwelling.

Where a developer and a network operator are able to identify a network option to support gigabit connectivity, how and where the installation of the infrastructure should be undertaken will be ascertainable. However, there may be a small number of cases where it may not be evident what form of infrastructure should be installed or where this infrastructure should be deployed to meet a network distribution point.

As such we are keen to seek views on any practical difficulties anticipated with a blanket application of this requirement and if any exemption would be appropriate. This could include an extension of the existing exemption for the Part R requirements (regulation 44B(c) of the Building Regulations 2010) as follows, adapted for gigabit connectivity:

• buildings situated in isolated areas where the prospect of high-speed connection is considered too remote to justify equipping the building with high-speed ready in-building physical infrastructure or an access point

Question 1

1A) Do you anticipate any issues with the stepped approach to the gigabit-ready physical infrastructure requirements extending to the network distribution point? How will a connection be practically resolved should gigabit-ready physical infrastructure not reach a network distribution point under the stepped approach? Would the costs of meeting the network distribution point be prohibitive?

1B) In line with existing Part R requirements, physical infrastructure will need to lead from a network termination point. This is a physical point at which an occupier is provided with access to an electronic communications network i.e. a point on the dwelling the connection is provided. This is typically installed within dwellings, should a network termination point be installed outside the dwelling would this provide an occupier access to a service or create difficulties complying with the gigabit-ready physical infrastructure requirements?

1C) Do third party land issues currently prevent connectivity to new build homes and how are these issues resolved?

1D) Do developers envisage difficulties with knowing the best location for the physical infrastructure in relation to a network distribution point or which network distribution point would be applicable?

1E) Is it possible that the physical infrastructure deployed will not be appropriately located and if so how will developers and network operators resolve the issue?

1F) Should any other existing guidance supplement or replace the Publicly Available Specification and the National House Building Council’s best practice guidance within the Approved Document supporting the new provisions within Schedule 1 of the Building Regulations 2010?

1G) How often will a next best technology connection not use gigabit-ready physical infrastructure capable of supporting a gigabit-capable connection? Are there any anticipated problems or burdens to the installation of two forms of infrastructure to support a next best technology connection and gigabit-ready physical infrastructure?

1H) Are there circumstances where it would be difficult to meet the gigabit-ready physical infrastructure requirements and would these necessitate an exemption?

1I) Do you agree that the existing Part R exemption should be applied for the limited circumstances set out?

Gigabit-capable connection

The second requirement is for the installation of the specific equipment capable of supporting a broadband connection, providing this can be secured without exceeding a £2,000 cost cap per dwelling. Further information on calculations relating to the cost cap is set out in Cost cap, Network operator commitments and Cost cap calculation. Whilst any technology capable of delivering gigabit connections can be considered, in practice, most connections under the requirement are likely to use full-fibre to the premises.

This equipment would include an optical fibre or other cabling, wiring or wireless technology provided by a network operator to facilitate a connection. This should support a broadband connection for service provision from at least one internet service provider through connection with the network operator’s infrastructure. The requirement does not extend to making the connection ‘live’. This will only happen once a consumer contracts with an internet service provider.

The equipment in the first instance should be capable of delivering a broadband service at download speeds of at least 1,000 Mbps. This definition will enable the second requirement to be met through any form of existing or future wired or wireless technology including fibre to the premises (FTTP), fixed wireless access (FWA) and other cables (e.g. DOCSIS 3.1) or satellite. This definition and technologically neutral approach will be supported in the statutory guidance supporting the new provisions within Schedule 1 of the Building Regulations 2010 (see New provisions and statutory guidance) noting forms of existing technology (as referenced in Ofcom’s Connected Nations Reports) that could be suitable for meeting the requirements.

Next best technology connections

Analysis completed applying the cost cap to both the first and second requirements described above suggests that the £2,000 figure would be exceeded for only a small number of new build developments. Developers of 1.7% of premises containing 1-19 dwellings would not need to secure a gigabit connection as doing so would require payments from them exceeding the cost cap. Should the cost cap be exceeded, a ‘next best technology connection’ requirement will apply, requiring the developer to seek to obtain a quote for the installation of the fastest possible connection available without exceeding the £2,000 cost cap per dwelling. In the first instance this should be at least a high-speed electronic communications network capable of delivering broadband access services at speeds of at least 30 Mbps (superfast broadband).

If a developer is unable to secure a superfast connection within the cost cap, the developer would then need to secure a broadband connection with a download speed as defined in the Broadband Universal Service Obligation^{[footnote 10]} or provide evidence that this could not be secured without exceeding the £2,000 cost cap. A standard connection under the Broadband Universal Service Obligation currently includes a connection that can deliver connectivity download speeds of at least 10 Mbps.

For new build homes where the developer has been unable to secure broadband connectivity of at least 10 Mbps download speed without exceeding the cost cap, a consumer moving into the new build home could seek to obtain a broadband connection under the Universal Service Order 2018, subject to the normal eligibility conditions.

Both next best technology connections requirements will be kept under review and should amendments be made to the Broadband Universal ServiceObligationas detailed under Developer requirements, the connection requirements may be adjusted or removed as appropriate.

The arrangements for developers obtaining quotes from network operators will not be prescribed. However, it may be practical for a developer to engage with the network operator to determine how much the quote would also be for a high-speed connection and/or a Broadband Universal Service Obligation connection, in the event that a gigabit connection would not be provided because the cost exceeds the cost cap. This may avoid the need for the developer to request repeated quotes from the network operator.

In some instances, but possibly not all, the gigabit-ready physical infrastructure installed for a next best technology connection will also be capable of supporting a gigabit-capable connection. By way of an example, ducting for a high-speed electronic communications network connection that is capable of supporting a gigabit-capable connection would contribute to meeting the gigabit-ready physical infrastructure requirements. However, as set out in Gigabit-ready physical infrastructure exemption, this will not always be the case. In these scenarios, developers will be required to install additional gigabit-ready physical infrastructure alongside the physical infrastructure required for the next best technology connection.

The government recognises the additional costs and challenges of deploying in rural areas and that some new build homes in these areas may not obtain a gigabit-capable connection. These proposals have therefore been designed to work in conjunction with other programmes designed to boost rural connectivity. This includes the £5 billion funding for Project Gigabit which will ensure premises in the hardest to reach parts of the UK get gigabit-capable connections.

Cost cap

The government recognises that in some cases the costs of installing connections will be prohibitive. As the majority of the costs associated with connectivity relate to connecting a dwelling to an operator’s network (in line with the second requirement), a £2,000 cost cap is to be applied to this requirement. A developer will be exempted from the connectivity requirement, if having engaged two suitable network operators, the developer has not been able to secure the provision of a connection without exceeding a cost cap of £2,000 per dwelling.

Should the costs of a gigabit connection or next best technology connection exceed the cap, a developer will still be required to ensure that the first requirement (i.e. installation of the gigabit-ready physical infrastructure necessary for gigabit-capable connections, is met).

Scope of the new requirements - new build home

It is proposed that the new requirements within Schedule 1 to the Building Regulations 2010 will apply to new build homes, that is, the construction of a self-contained building or part of a building to be used as a new residential dwelling. This includes the following forms of buildings:

• residential
• mixed-use (applying to the part of the mixed-use development which is used as a residential dwelling)
• dwellings developed from a material change of use (conversion) from a different form of building^{[footnote 11]}

The requirements will apply to new build homes because they will apply to each dwelling or building containing one or more dwellings for which a building plan, notice or initial notice has been submitted, including prescribed material changes of use, but excluding existing residential buildings subject to major renovation works.

Any of these forms of new build home developments within conservation areas will also be included within scope of proposals. There is no automatic restriction on installing broadband infrastructure in new or converted buildings in designated conservation areas,^{[footnote 12]} and restrictions in such areas are subject to huge variation and considered by local planning authorities on a case-by-case basis. Therefore, to have a blanket exemption on new build homes in conservation areas would needlessly exclude some new build homes from having gigabit-ready physical infrastructure installed.

Dwellings subject to major renovation works are not within scope, and nor are schools or hotels. Buildings occupied by the Ministry of Defence or the armed forces of the Crown, or otherwise occupied for purposes connected to national security will be explicitly excluded from the scope of the requirements. We are also not proposing to include listed buildings in scope but welcome views on this approach.

Material change of use or ‘conversions’ resulting in a dwelling

In this context, a material change of use or ‘conversion’ for the purposes of the existing Part R requirements involves the creation of a new residential address, or dwelling or flat, where previously the building (or that part of the building) was used for non-residential purposes.^{[footnote 13]} It also includes where more or fewer dwellings are created within an existing building, such as where a house is converted to multiple flats or a block of flats converted to a single house. This includes a large variety of developments including varied forms of existing buildings such as commercial premises and office blocks, disused industrial buildings, barns and houses converted into single or multiple dwellings. We understand these forms of works are undertaken by a range of small and medium enterprises (SMEs) and large development firms.

At present, such conversions are required to be compliant with a specific set of Building Regulations 2010 requirements but this does not include the existing requirements for the installation of in-building physical infrastructure for high-speed electronic communications in Part R. Whilst this is the case, DLUHC housing supply figures for 2018-19 indicate that conversions amounted to approximately 12% of new build homes in England.^{[footnote 14]} To ensure this proportion of new housing stock is furnished with gigabit-ready infrastructure and gigabit-capable connectivity, allowing consumers to take advantage of the benefits, we propose to apply the requirements of the new provisions being added within Schedule 1 to the Building Regulations 2010to new build homes developed through building conversion. We are keen to ensure that the proposals are workable for these developments.

Question 2

2A) Are there any concerns around the scope of the new requirements?

2B) Are there any barriers to the policy being effective if the requirements are applied to dwellings created through conversions, including those specific to SME developers?

2C) Would developers incur significant costs if the proposed policy applied to conversions? Would these result in fewer conversions being undertaken? Would the costs disproportionately impact on a specific class of developer including SME developers?

2D) Are there any practical barriers to the installation of either the gigabit-ready physical infrastructure necessary for gigabit-capable connections or a gigabit-capable connection (or next best technology connection) to dwellings created through the various different forms of material changes of use?

2E) Do you have any evidence as to how frequently dwellings created through conversions already have sufficient infrastructure in place to install gigabit connections?

2F) Do you have any evidence about the proportion of conversions that are likely to exceed the cost cap for installing gigabit-capable connections and the conditions when this is most likely to happen?

2G) Are there any anticipated problems or burdens associated with building control in relation to connectivity requirements for conversions?

2H) Would a modified version of the proposals be workable for conversions i.e. if the physical infrastructure requirements only extended to in-building infrastructure?

2I) Do you agree that listed buildings converted to new build homes should be excluded from the scope?

Suitable network operators

The cost cap exclusion will only be applicable where the developer having approached two suitable network operators for quotes is declined a connection without exceeding the cap. What constitutes a suitable network operator will vary depending on the development circumstances, but a developer will need to consider which network operators appear to be among those more likely to be able to provide a connection. Examples of factors to take into account include:

• the development location
• the ability of a network operator to provide a suitable connection in the location
• existing network operators in the location
• network operator development plans
• other network operators who could deploy in the area

Where a network operator is not currently operating in or near the location and does not have plans to deploy in the location, they are less likely to be able to provide a connection. Should a suitable network operator not respond to a developer within a reasonable time period, this will amount to being refused a connection. Further information as to what constitutes an appropriate network operator is set out in the Approved Document (see Volume 1 and Volume 2). To assist stakeholders, information on what constitutes a suitable network operator will be included within an information campaign as set out in the section on information provision.

Network operator commitments

To ensure that the costs for developers are minimal and do not exceed the cost cap, we have secured commitments from network operators who are to contribute towards the costs incurred under the cap. These commitments include, subject to certain requirements:

• a Virgin Media contribution of at least £500, rising in the case of some larger sites to £1,000
• an Openreach and Developer combined Contribution of £3,400, with a maximum developer contribution per plot of £2,000
• additionally, Openreach has committed that when new build homes cannot be provided with a gigabit-capable connection within the cost cap and contribution, it will fall back on offering to provide the next best alternative, depending on available infrastructure
• Openreach has published a price structure that reduces the costs developers pay for connecting two premise developments from £3,100 to £2,000 per premise, bringing all developments of two premises or more within our proposed cost cap
• Openreach also committed to connect full fibre infrastructure free from developer contributions for all new build development sites of 20 or more premises, reducing this from its previous offer of 30 or more premises
• a Gigaclear contribution of up to £1,000 per new build property (providing Gigaclear can carry out infrastructure work at the appropriate stage)

The government will monitor how these commitments are applied on an ongoing basis to support the cost-efficient installation of gigabit infrastructure.

Cost cap calculation

In assessing if the cost cap is to be exceeded, a developer will take account of the costs quoted by a network operator minus any financial contribution from the network operator. The calculation of the cost to the developer is to include value added tax but will exclude:

• the cost of installing gigabit-ready physical infrastructure
• administrative expenditure incurred by the developer
• the cost to consumers for the provision of a service

Question 3

3A) Do you have any comments on the ‘next best technology’ requirements?

3B) Do you envisage any problems with the requirement to approach two suitable network operators for quotes and the criteria for a suitable network operator? Do you envisage circumstances where two suitable network operators would not exist?

3C) Do you have any views on what a reasonable period of time should be for a network operator to respond to a request for a quotation from a developer?

3D) Do you believe anything further is required to be included within the criteria for calculating the cost cap?

Process and procedure

Developer connectivity plan

The aim of the new policy is to ensure the process for installing gigabit-capable broadband is as simple as possible for developers, mirroring as it does the process to evidence compliance with other Building Regulations 2010 requirements.

To ensure that the requirements can be met, developers are encouraged to engage with network operators at the earliest point to ensure a new build home development can be furnished with connectivity efficiently. This early engagement with appropriate network operators (see Suitable network operators for who may be considered an appropriate network operator) will also enable confirmation of the particulars related to connectivity and compliance for building control.

For building control purposes, a developer will be required to submit a ‘connectivity plan’ with full plan applications, initial notices or amendment notices provided to a local authority (either directly or through an AI). In our consultation response of March 2020, the proposals only required the provisions of a connectivity plan alongside the submission of full plan applications. However, some new build homes are developed with only a notice provided for building control purposes. Given that this is the case and to ensure that connectivity is considered for all new build homes, the legislation will extend connectivity plan requirements to initial notices and amendment notices.

A template connectivity plan is included in Volume 1, Appendix C of the Approved Document supporting the new provisions within Schedule 1 to the Building Regulations 2010. The information that will need to be provided includes:

• the quotes received from network operators to provide connections, and evidence of a network operator being contracted to provide connections to the dwellings in question
• that the gigabit-ready physical infrastructure necessary for gigabit-capable connections is to be installed
• that the suitable installation of a gigabit-capable connection has been arranged with a network operator and the nature of the network to be deployed
• in the absence of a gigabit-capable connection, any exemption or exclusion (as detailed under Gigabit-ready physical infrastructure exemption) being relied upon, providing evidence towards applicability
• in the absence of a gigabit-capable connection, the form of the next best technology connection being installed within the cost cap

Building control and connectivity plans

In line with existing practice, following the remedy of any issues identified with building full plan applications, initial notices or amendment notices and final building control approval, building work undertaken by developers will be subject to monitoring in line with all Building Regulations 2010 requirements. Compliance will ultimately be certified following completion of building works providing the works comply with the Building Regulations 2010, including the new gigabit requirements to be added to Schedule 1. For more information regarding inspection against the requirements, see Building control and Building control monitoring, certification and enforcement.

The new requirements do not impinge on the arrangements between developers and network operators, however, should a network operator not meet the terms of an arrangement with a developer, this will be a relevant consideration for building control and assessment against compliance with the requirements where they will be able to exercise discretion around certification.

Building control monitoring, certification and enforcement

For the first time, connectivity requirements will necessitate inspection of physical infrastructure elements beyond in-building infrastructure, namely the infrastructure between the dwelling and the network distribution point. We are conscious that this is a new responsibility for building control, and will therefore need to be supported. As such we will be undertaking an information campaign as set out under Information provision to assist with building control processes and further information around inspection of the elements is detailed under Building control, Developer connectivity plan, Building control and connectivity plans, Developer monitoring and certification and Building control monitoring, certification and enforcement.

The new requirements for developers will be enforced using the existing Building Regulations 2010 enforcement regime. This system is well established and sufficient for the new requirements.

Existing powers given to the Secretary of State or local authority to dispense with or relax requirements in the Building Regulations 2010 (under section 8 of the Building Act 1984) will additionally be applied in this instance to ensure that in certain circumstances, where it would not be appropriate to mandate requirements, they can be relaxed in accordance with other Building Regulations 2010 requirements.

Question 4

4A) Do you have any concerns about the content of the connectivity plan or recommendations for additions?

4B) Do you have any concerns about extending the requirement for a connectivity plan to initial notices and amendment notices in addition to plans?

4C) Do you have any suggestions as to how it could be clearer or more user-friendly?

4D) Do you have views on how inspection of the new physical infrastructure elements beyond in-building infrastructure to a network distribution point should be undertaken?

Statutory guidance (Approved Document R)

The Building Regulations 2010 include a schedule of functional requirements that must be complied with when building work is carried out. The government publishes Approved Documents, under powers contained in the Building Act 1984 (see sections 6 and 7). More information on these statutory guidance documents is provided in the Manual to the Building Regulations.

To accompany our proposed amendments to the Building Regulations 2010, we plan to publish an updated edition of Approved Document R. The purpose of this updated edition of Approved Document R is to provide two volumes. The first providing guidance on how to comply with the proposed new requirements for gigabit-ready physical infrastructure and gigabit-capable connections for new build homes, the second providing guidance on the existing requirements for other forms of buildings. The Approved Document will also aid monitoring and enforcement by LABC and AIs.

A recently published review of the existing Part R^{[footnote 15]} concluded that it is achieving its objectives to help increase broadband deployment and to reduce costs. It is therefore intended that the guidance which applies in the current Approved Document R will remain the same in the updated edition of Approved Document R for those buildings not in scope of the new requirements: namely, requirements for the installation of in-building physical infrastructure for high-speed electronic communications for new non-residential buildings and existing buildings undergoing major renovation works.

New provisions and statutory guidance

It is proposed that the new provisions within Schedule 1 to the Building Regulations 2010 will be further broken down into requirements for gigabit-ready physical infrastructure, common access points for buildings containing multiple dwellings and connection to a gigabit-capable electronic communications network, and this will be reflected in the updated Approved Document R.

It should be noted that the requirements of the Building Regulations 2010 and guidance in Approved Documents is performance-based and technology neutral. Specifying infrastructure, equipment and technology methods for meeting the new requirements would be overly-prescriptive and potentially exclude future technologies. It is therefore not appropriate to reference any particular network operator’s specifications for gigabit-ready infrastructure or equipment for gigabit-capable connections. For more on this performance-based approach please see the Manual to the Building Regulations 2010.

Practical guidance for developers

A proposed method of meeting the requirement for the gigabit-ready physical infrastructure external to buildings is the installation of duct and chamber systems in accordance with Streetworks UK Guidelines. This would need to be capable of hosting at least one gigabit-capable connection to each dwelling on a development.

Similarly, a proposed way to meet the requirement for gigabit-ready physical infrastructure within buildings containing multiple dwellings is the installation of a duct or cable support system that is capable of hosting at least one gigabit-capable connection to each individual dwelling.

It should be noted that when building work is carried out it must comply with all relevant requirements of the Building Regulations 2010. It is intended that the updated edition of Approved Document R will make particular reference to the fire safety requirements in Part B of the Building Regulations 2010 relating to where ducts or cables are routed through common areas and penetrate compartment walls and floors and also to the ban on combustible materials in the external walls of high-rise residential buildings.

It is proposed that a reference will be made in the Approved Document to the most recent Ofcom Connected Nations Report for a list of technologies capable of complying with the requirement to provide a gigabit-capable connection. This includes FTTP, other cable types, and some FWA.

The proposed requirement is to ensure each new build home is provided with a gigabit-capable connection. It is proposed that the Approved Document will provide guidance for the network termination point to be provided at each individual dwelling. For network termination points it is intended that the updated edition of Approved Document R will reference the accessibility and electrical safety requirements in Parts M and P of Schedule 1 to the Building Regulations 2010. The Approved Document will also include factors for a developer to consider when deciding which network operator or network operators to approach for a quote.

Whilst not a legal requirement, the Approved Document will also provide guidance on the preferred location of the network termination point inside the dwelling, i.e. in open areas rather than in locations such as utility cupboards. In larger dwellings, or if the termination point is not located in an open area, reliance on WiFi may not provide good connectivity to all rooms in the dwelling. Requirements to provide wired connections within the individual dwelling (for example, equipment for better coverage within a dwelling) are not proposed in this consultation. Some developers may however decide to provide wired connections as this can be faster and more reliable and it is intended that a reference to best practice advice will be included in the Approved Document (Question 5).

It is also proposed that the updated edition of Approved Document R includes guidance on the information to be included with the connectivity plan to be submitted with each application under the Building Regulations 2010. It is proposed that a two-part model form for the connectivity plan will be included with the Approved Document.

To minimise administrative burdens for those developers intending to install gigabit-capable connections only the information in Part A of the connectivity plan would need to be submitted. For those seeking exemptions and/or intending to install something other than a gigabit-capable connection, the additional information set out in Part B of the connectivity plan would also need to be submitted.

A draft of the proposed updated edition of Approved Document R can be seen attached to the consultation page in two volumes: Volume 1 and Volume 2.

Question 5

5A) Do you agree with proposals to publish an updated edition of Approved Document R?

5B) Do you agree with proposals to refer to Streetworks UK guidance for external gigabit-ready physical infrastructure in the Approved Document?

5C) Do you agree with proposals and guidance for network termination points and the inclusion of best practice advice to improve connectivity within the individual dwelling?

5D) Do you agree with proposals to include a two-part model form for the connectivity plan with the Approved Document?

Statutory review

The new provisions within Schedule 1 to the Building Regulations 2010 will be subject to a legal requirement for the government to review their effectiveness. This will be required to be completed four years after the measures come into force in line with review requirements for the existing Part R requirements. The review will look at a number of factors including:

• the impact on gigabit connectivity deployment to new build homes;
• the level of the cost cap for facilitating connectivity
• financial support provided to developers
• who developers have approached as suitable network operators; and
• impacts on developers including SME builders

Information provision

In order to ensure that all the stakeholders involved in the housing development and construction process are aware of the legislative changes we are making, and the aims of our policy, we will take the opportunity to accompany our changes with an information campaign. DCMS and DLUHC are therefore working on a strategy to identify channels and methods to ensure that awareness and understanding of the changes is maximised.

Annex A - consultation questions

Question 1

• 1A) Do you anticipate any issues with the stepped approach to the gigabit-ready physical infrastructure requirements extending to the network distribution point? How will a connection be practically resolved should gigabit-ready physical infrastructure not reach a network distribution point under the stepped approach? Would the costs of meeting the network distribution point be prohibitive?
• 1B) In line with existing Part R requirements, physical infrastructure will need to lead from a network termination point. This is a physical point at which an occupier is provided with access to an electronic communications network i.e. a point on the dwelling the connection is provided. This is typically installed within dwellings, should a network termination point be installed outside the dwelling would this provide an occupier access to a service or create difficulties complying with the Gigabit-ready physical infrastructure requirements?
• 1C) Do third party land issues currently prevent connectivity to new build homes and how are these issues resolved?
• 1D) Do developers envisage difficulties with knowing the best location for the physical infrastructure in relation to a network distribution point or which network distribution point would be applicable?
• 1E) Is it possible that the physical infrastructure deployed will not be appropriately located and if so how will developers and network operators resolve the issue?
• 1F) Should any other existing guidance supplement or replace the Publicly Available Specification and the National House Building Council’s guidance within the Approved Document supporting the new provisions within Schedule 1 of the Building Regulations 2010?
• 1G) How often will a next best technology connection not use gigabit-ready physical infrastructure capable of supporting a gigabit-capable connection? Are there any anticipated problems or burdens to the installation of two forms of infrastructure to support a next best technology connection and gigabit-ready physical infrastructure?
• 1H) Are there circumstances where it would be difficult to meet the gigabit-ready physical infrastructure requirements and would these necessitate an exemption?
• 1I) Do you agree that the existing Part R exemption should be applied for the limited circumstances set out?

Question 2

• 2A) Are there any concerns around the scope of the new requirements?
• 2B) Are there any barriers to the policy being effective if the requirements are applied to dwellings created through conversions, including those specific to SME developers?
• 2C) Would developers incur significant costs if the proposed policy applied to conversions? Would these result in fewer conversions being undertaken? Would the costs disproportionately impact on a specific class of developer including SME developers?
• 2D) Are there any practical barriers to the installation of either the gigabit-ready physical infrastructure necessary for gigabit-capable connections or a gigabit-capable connection (or next best technology connection) to dwellings created through the various different forms of material changes of use?
• 2E) Do you have any evidence as to how frequently dwellings created through conversions already have sufficient infrastructure in place to install gigabit connections?
• 2F) Do you have any evidence about the proportion of conversions that are likely to exceed the cost cap for installing gigabit-capable connections and the conditions when this is most likely to happen?
• 2G) Are there any anticipated problems or burdens associated with building control in relation to connectivity requirements for conversions?
• 2H) Would a modified version of the proposals be workable for conversions i.e. if the physical infrastructure requirements only extended to in-building infrastructure?
• 2I) Do you agree that listed buildings are excluded from the scope? Should listed buildings converted to new build homes should be excluded from the be in scope?

Question 3

• 3A) Do you have any comments on the ‘next best technology’ requirements?
• 3B) Do you envisage any problems with the requirement to approach two suitable network operators for quotes and the criteria for a suitable network operator? Do you envisage circumstances where two suitable network operators would not exist?
• 3C) Do you have any views on what would constitute a reasonable period of time for a network operator to respond to a request for a connection quotation from a developer?
• 3D) Do you believe anything further is required to be included within the criteria for calculating the cost cap?

Question 4

• 4A) Do you have any concerns about the content of the connectivity plan or recommendations for additions?
• 4B) Do you have any concerns about extending the requirement for a connectivity plan to initial notices and amendment notices in addition to plans?
• 4C) Do you have any suggestions as to how it could be clearer or more user-friendly?
• 4D) Do you have views on how inspection of the new physical infrastructure elements beyond in-building infrastructure to a distribution point should be undertaken?

Question 5

• 5A) Do you agree with proposals to publish an updated edition of Approved Document R?
• 5B) Do you agree with proposals to refer to Streetworks UK guidance for external gigabit-ready physical infrastructure in the Approved Document?
• 5C) Do you agree with proposals and guidance for network termination points and the inclusion of best practice advice to improve connectivity within the individual dwelling?
• 5D) Do you agree with proposals to include a two-part model form for the connectivity plan with the Approved Document?

How to respond

The consultation period will run for 10 weeks from 21 December 2021 to 28 February 2022.

Responses and any additional material you wish to be considered should be submitted to new-build-connectivity@dcms.gov.uk. We would encourage submissions of over 6 pages to be accompanied by an executive summary.

Responses or material sent to any other email addresses will not be taken into consideration. If you cannot reply online or via email please respond by post:

New Build Developments: Technical Consultation
Broadband Regulation and Investment
Digital Infrastructure Directorate
Department for Digital, Culture, Media & Sport
100 Parliament Street
London SW1A 2BQ

For enquiries about the consultation (handling) process only please email enquiries@dcms.gov.uk, heading your communication ‘New Build Developments Technical Consultation Consultation’. This consultation is intended to be an entirely written exercise.

Please contact the enquiries mailbox if you require any other format (e.g. braille or large font).

Copies of the non-confidential responses will be published after the closing date on GOV.UK.

Privacy notice

Who is collecting my data?

The Department for Digital, Culture, Media & Sport (DCMS) helps to drive growth, enrich lives and promote Britain abroad.

We protect and promote our cultural and artistic heritage and help businesses and communities to grow by investing in innovation and highlighting Britain as a fantastic place to visit. We help to give the UK a unique advantage on the global stage, striving for economic success.

This website (“Website“) is run by the Department for Digital, Culture, Media & Sport (“we” and “us“, “DCMS“). DCMS is the controller for the personal information we process, unless otherwise stated.

Purpose of this privacy notice

This notice is provided within the context of the notice provided to meet the obligations as set out in Article 13 of UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA). This notice sets out how we will use your personal data as part of our legal obligations with regard to Data Protection.

The Department for Digital, Culture, Media & Sport’s personal information charter (opens in a new tab) explains how we deal with your information. It also explains how you can ask to view, change or remove your information from our records.

What is personal data?

Personal data is any information relating to an identified or identifiable natural living person, otherwise known as a ‘data subject’. A data subject is someone who can be recognised, directly or indirectly, by information such as a name, an identification number, location data, an online identifier, or data relating to their physical, physiological, genetic, mental, economic, cultural, or social identity. These types of identifying information are known as ‘personal data’. Data protection law applies to the processing of personal data, including its collection, use and storage.

What personal data do we collect?

Most of the personal information we collect and process is provided to us directly by you. In the case of this consultation we are collecting comments and evidence relating to our legislative proposals. This will sometimes include personal and confidential information; we suggest that responses are labelled as confidential or non-confidential to clearly indicate whether you are content for the evidence or comments provided to be included in the published government response. Personal information such as names and contact details will not be included in the published response. Usually, where information is published in a response, this is from companies or organisations who want their views to be published and have given consent for DCMS to do so. You can find more about what constitutes personal information here.

How will we use your data?

We use personal information for a wide range of purposes, to enable us to carry out our functions as a government department. In the case of this technical consultation, we are using suggestions and comments from stakeholders and the public to ensure our legislative proposals are as effective as possible. This will mean responses, and the accompanying contact details, will be recorded for analysis. Where we have consent to do so, we will publish responses, or elements of responses, to the consultation.

What is the legal basis for processing my data?

Data Protection Legislation states that, as government departments, the departments may process personal data as necessary for the effective performance of a task carried out in the public interest; this technical consultation constitutes such a task.

Who will your data be shared with?

This consultation is on a policy that is being jointly established by DCMS and the Department for Levelling Up, Housing and Communities (DLUHC). We may therefore share consultation responses with counterparts at DLUHC. We do not anticipate sharing confidential responses beyond DCMS and DLUHC.

We will let you know if we are going to share your personal data with other organisations – and whether you can say no. You can ask us for details of agreements we have with other organisations for sharing your information. We won’t make your personal data available for commercial use without your specific permission.

How long will my data be held for?

Your personal data will be held for two years after the survey is closed. This is so that the department is able to contact you regarding your email addressed to new-build-connectivity@dcms.gov.uk.

Will my data be transferred outside the UK and if it is how will it be protected?

There is no anticipated reason for this to happen, though as stated, responses designated as non-confidential may be published online, so these would be available to people anywhere in the world looking at the consultation and accompanying documents.

Links to other websites

Where we provide links to websites of other organisations, this privacy notice does not cover how that organisation processes personal information. We encourage you to read the privacy notices of the other websites you visit.

What are your data protection rights?

You have rights over your personal data under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018). The Information Commissioner’s Office (ICO) is the supervisory authority for data protection legislation, and maintains a full explanation of these rights on their website

DCMS will ensure that we uphold your rights when processing your personal data.

How do I complain?

The contact details for the data controller’s Data Protection Officer (DPO) are:

Data Protection Officer
The Department for Digital, Culture, Media & Sport
100 Parliament Street
London SW1A 2BQ

Email: dpo@dcms.gov.uk

If you’re unhappy with the way we have handled your personal data and want to make a complaint, please write to the department’s Data Protection Officer or the Data Protection Manager at the relevant agency. You can contact the department’s Data Protection Officer using the details above.

How to contact the Information Commissioner’s Office

If you believe that your personal data has been misused or mishandled, you may make a complaint to the Information Commissioner, who is an independent regulator. You may also contact them to seek independent advice about data protection, privacy and data sharing.

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Website: www.ico.org.uk
Telephone: 0303 123 1113
Email: casework@ico.org.uk

Any complaint to the Information Commissioner is without prejudice to your right to seek redress through the courts.

1. The cost cap includes value added tax - see Cost cap calculation. ↩

2. The Electronic Communications (Universal Service) (Broadband) Order 2018 (SI 2018/445). ↩

3. This data is from news service thinkbroadband. Owing to the effects of the coronavirus pandemic, the figures for 2020 are not representative given the reduced levels of new home building undertaken. ↩

4. Directive 2014/61/EU. ↩

5. The requirements additionally apply to building work carried out on excepted energy buildings in Wales as defined in the Welsh Ministers (Transfer of Functions) (No. 2) Order 2009. ↩

6. In accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990. ↩

7. In accordance with section 69 of the Planning (Listed Buildings and Conservation Areas) Act 1990. ↩

8. The steps covered within the new requirements will not include a consumer contracting with an internet service provider. ↩

9. Electronic Communications (Universal Service) (Broadband) Order 2018 (SI 2018/445). ↩

10. Electronic Communications (Universal Service) (Broadband) Order (S.I. 2018/445). ↩

11. Regulation 5 of the Building Regulations 2020 sets out the meaning of ‘material change of use’ ↩

12. Designated as per sections 69 and 70 of the Planning (Listed Buildings and Conservation Areas) Act 1990, with local planning authorities referring to the National Planning Policy Framework. ↩

13. The new requirements would not extend to other forms of ‘conversions’ such as non-residential ones. ↩

14. Of the 241,340 net dwelling additions, 213,860 were new build homes, 29,260 were from change of use between non-domestic and residential and 5,220 from conversions between houses and flats. ↩

15. This review focused on access requirements to enable broadband connections, rather than the connection itself. ↩