(1) For the purposes of section 93(1)(b) of the Act, an occupancy permit is not required for a Class 10 building.(2) Except as required by sections 93(2) and (3) of the Act, a new occupancy permit is not required for a building lawfully constructed and occupied prior to the commencement of these regulations if that building (a) is not used as a place of assembly; or(b) is used as a place of assembly and had (i) a certificate of occupancy issued under the Building Regulations 1994 ; or(ii) an occupancy permit issued under the Building Regulations 2004 .