Indeed. You are quote the 2021 amendment to Approved Document F. Whilst not 'mandatory', it is not unreasonable for BCOs to use that document as a guide to their personal interpretation of the (extremely vague) actual regulations/law.My BCO has demanded a fan if the bathroom is new, regardless of a window, and said a fan is not needed if the bathroom has a window and it is old (for example refurbished as part of more general work). To me, it sounds like a very grey and discretionary area. Especially paragraph 3.31
However, as you imply (and illustrate) even this guidance is very vague. In particular, as you quote, it includes "... additional ventilation may be necessary if refurbishment work is likely to make the building less compliant with the ventilation requirements of the Building Regulations than it was before the work was carried out." - hence still leaving an unstaisfactory amount of subjective discretion between BCOs, hence undoubtedly different decisions about the same situation by different BCOs.
I do not find this a particularly satisfactory situation.