New broadband mandate for new homes

The short version

What's changing? On 26 September, the Department for Digital, Culture, Media and Sport (DCMS) laid legislation in Parliament updating the Building Regulations 2010. The regulations require that when new homes are built, developers install gigabit-ready infrastructure and gigabit-capable connections as a part of the construction process. The changes come into force on 26 December 2022.

Why is it important? The new mandate ensures all new homes are future-proofed for faster broadband speeds. As the requirements place new responsibilities on developers it is important that new home builders are aware of the requirements and how to adhere to them.

The detail

The regulations, which come into force on 26 December 2022, require developers to install, and/or arrange for the installation of:

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

Subject to a £2,000 cost cap per dwelling, a functioning 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.

Before any installation takes place, developers will need to submit a ‘connectivity plan’ i.e., details of plans for gigabit-ready infrastructure and for gigabit-capable or next-best technology connections with their applications for building control approval. A model connectivity plan form is provided in Appendix B of Volume 1 of the updated Approved Document R.

The requirement to install gigabit-ready physical infrastructure applies even where a gigabit-capable connection is not installed owing to exemptions; this is to ensure that the new dwellings are future-proofed for gigabit-capable connections when these become available.

The new requirements will give more people the connectivity they want and need without costly and disruptive installation work after the home is built.

To help reduce costs for developers, the Government has secured commitments from network operators to contribute towards the costs incurred under the cost cap. Early engagement with network operators will be important in helping developers meet the new requirements.

DCMS and the Department for Levelling Up, Housing & Communities have worked closely together to develop the new regulatory requirements and want to ensure that developers are aware of the new requirements they will need to implement.

Make sure your build is compliant:

Check the resources below to get up to speed before 26 December 2022:

The Building etc. (Amendment) (England) (No. 2) Regulations 2022, which implement the new requirements into English law, are available at legislation.gov.uk.
The updated Regulations are accompanied by statutory guidance in the form of the updated Approved Document R, which is available at gov.uk.
Circular 04/2022 and accompanying Divisional Letter setting out transitional arrangements are available at gov.uk.
Further supporting materials are to be made available on the Government’s Digital Connectivity Portal.

A webinar about the changes for FMB members is now available. This will be a chance to further develop your understanding of the requirements and how to adhere to them.