New build connectivity: information for developers
Information and resources for developers about broadband infrastructure and connectivity requirements for new homes.
Broadband and new homes
Legislation
The Building etc. (Amendment) (England) (No. 2) Regulations 2022 came into force on 26 December 2022. These regulations introduce gigabit broadband infrastructure and connectivity requirements for the construction of new homes in England. They amend The Building Regulations 2010 and The Building (Approved Inspectors etc.) Regulations 2010.
Statutory guidance
The regulations are supported by statutory guidance. Approved Document R Volume 1 provides information to assist developers with compliance with the requirements to install gigabit-ready physical infrastructure and gigabit-capable connections for new homes.
The Approved Document R is in a two-volume format:
Volume 1: Physical infrastructure and network connection for new dwellings provides guidance on:
- ‘Requirement RA1: Gigabit-ready physical infrastructure’
- ‘Requirement RA2: Connection to gigabit-capable network’
Volume 1 includes key terms at Appendix A, and a model connectivity plan at Appendix B.
Volume 2: Physical infrastructure for high-speed electronic communications networks provides guidance on:
- ‘Requirement R1: High-speed-ready in-building physical infrastructure’,
This covers requirements to install high-speed-ready infrastructure in buildings that are outside of the scope of requirements RA1 and RA2. Volume 2 also includes key terms at Appendix A.
Additional resources
As is convention where Building Regulations are amended, a circular and letter were published to indicate to specific stakeholders that Building Regulations have changed:
Consultations conducted as a part of the development of this policy and legislation are available here:
The requirements
The requirements are designed to ensure that during construction, new homes are installed with the fastest broadband connections available within a cost cap. Even where a gigabit-capable connection is not possible within this cost cap, the new homes will be future-proofed with physical infrastructure to support gigabit-capable connections when they become available.
Infrastructure and connection installation
More detailed guidance is provided in Approved Document R Volume 1, but to summarise, the regulations set out the following requirements for developers when building new homes:
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Requirement RA1: install gigabit-ready physical infrastructure necessary for gigabit-capable connections up to a network distribution point, or as close as is reasonably practicable where the developer does not have the right to access land up to that distribution point; and
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Requirement RA2: Subject to a £2,000 cost cap per dwelling, install a functional gigabit-capable connection. Where a developer is unable to secure a gigabit-capable connection within the cost cap, developers must install the next fastest connection available, provided this can be done without that connection also exceeding the cost cap.
The requirement to install gigabit-ready physical infrastructure (Requirement RA1) applies even where a gigabit-capable connection is not installed, for example because the cost cap of Requirement RA2 would be exceeded. This is to ensure that the new dwellings are future-proofed for gigabit-capable connections when these become available.
Tiered approach
Requirement RA1 is modified where land rights mean that gigabit-ready physical infrastructure such as underground ducting cannot be installed all the way from the building to the network distribution point. The ‘tiered’ approach to Requirement RA1 is in place to ensure that in such situations, new homes are still future-proofed. This is explained in paragraphs 1.8 to 1.29 and diagrams 1 to 6 in Approved Document R Volume 1.
Cost cap application
The cost cap of £2,000 per dwelling applies to the installation of a functional connection such as optical fibre to the home (i.e. Requirement RA2), but not to the
installation of gigabit-ready physical infrastructure (i.e. Requirement RA1). Section 2 of Approved Document R Volume 1 provides guidance on the cost cap (see paragraphs 2.21 to 2.23).
While the cost cap falls on developers, network operators may contribute towards the costs involved, and some network operators have already made commitments to contribute. These contributions should be deducted from the cost cap calculation.
Network operator commitments
To help reduce costs for developers, the Government has secured commitments from network operators to contribute towards the costs incurred..
As at the date this information was published, commitments have been made by Openreach, VirginMedia and Gigaclear. These can be viewed on GOV.UK - New Build Developments: Delivering gigabit-capable connections.
Scope of the requirements
Requirements RA1 (to install gigabit-ready physical infrastructure) and RA2 (to install gigabit-capable connections) apply to the erection of new dwellings in England; that is, the construction of a self-contained building or part of a building to be used as a new residential dwelling. More detail on the buildings in scope of the requirements is available in Approved Document R Volume 1 (paragraphs 1.2 to 1.5 and 2.9 to 2.11), while detail for buildings that are not in scope of Requirements RA1 and RA2 is available in paragraphs 1.6 to 1.7 and 2.12).
Requirement R1, for which guidance is provided by Approved Document R Volume 2, applies to buildings not in scope of the new home connectivity requirements i.e., when wholly non-residential buildings are erected or when existing buildings (including existing dwellings) are subject to major renovation works. It updates the previous Part R requirements (as per the 2016 edition of Approved Document R) for these buildings.
In terms of when developments are in scope, the transitional criteria are provided in both Volumes of Approved Document R.
Evidencing compliance and exemptions
Developers are required to provide information about the infrastructure and connectivity that is to be provided with any building approval application, whether using a full plan, building notice, initial notice or public body’s notice. This includes where Requirement RA1’s ‘tiered’ approach, which mitigates for land access issues, applies.
This information is required at an early stage via a ‘connectivity plan’ (See Section 3 of Approved Document R Volume 1 and a model connectivity plan in Appendix B). In line with best practice, it is recommended that a developer engages with a network operator or network operators as early as possible.
Finding a suitable network operator
Early engagement with network operators is recommended. This will allow network operators as much time as possible to assist with deployment. This may take time should network infrastructure need to extend to a new area. It will also allow time to resolve any land access or other issues that may arise in relation to deploying infrastructure and connections.
Whilst many developers have existing relationships with network operators, the resources below from sector trade associations may help identify appropriate network operators:
- The Internet Services Providers’ Association UK (ISPA UK) lists members.
- The Independent Networks Cooperative Association (INCA) lists members.
Some local authorities have designated broadband leads who may be able to provide advice about suitable operators in the area in which new homes are being built.
Network operator guidance
The gigabit infrastructure and connectivity requirements are performance-based (see paragraphs 1.22 to1.23 and 2.18 in Approved Document R Volume 1) and network Operators may use different technology and terminology for broadband connections. Some network operators make their installation guidance available to assist with installation and deployment. For example, Openreach provides guidance for its own installations publicly on its Guides and handbooks web page.