S.I. No. 393/2021 - European Union (Energy Performance of Buildings) Regulations 2021

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 30th July, 2021.

I, DARRAGH O’BRIEN, Minister for Housing, Local Government and Heritage, in exercise of the functions conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving further effect to Articles 8, 14 and 15 (inserted by Directive (EU) 2018/844 of the European Parliament and of the Council of 30 May 2018¹ ) of Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010² on the energy performance of buildings, hereby make the following regulations:

Citation and construction

1.

• (2) The Principal Regulations and these Regulations may be cited together as the Building Regulations 1997 to 2021 and shall be construed together as one.

Definitions

2.

“Act of 1990” means the Building Control Act 1990 (No. 3 of 1990);

“notice” means –

• (a) a notice referred to in section 6(2)(k), or

• (b) a 7 day notice statutory declaration within the meaning of section 6(2)(a)(v),

of the Act of 1990;

“Directive” means Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010² on the energy performance of buildings, as amended by Directive (EU) 2018/844 of the European Parliament and of the Council of 30 May 2018¹ ;

“Minister” means the Minister for Housing, Local Government and Heritage;

“Principal Regulations” means the Building Regulations 1997 to 2019;

“recharging point” has the meaning it has in Article 2 of Directive 2014/94/EU of the European Parliament and of the Council of 22 October 2014³ on the deployment of alternative fuels infrastructure;

“small or medium-sized enterprise” has the meaning it has in Title I of the Annex to Commission Recommendation 2003/361/EC of 6 May 2003⁴ concerning the definition of micro, small and medium-sized enterprises.

• (2) A word or expression that is used in these Regulations and that is also used in the Directive shall, unless the context otherwise requires, have the same meaning in these Regulations that it has in the Directive.

Scope

3.

• (a) a new building;

• (b) an existing building (other than a dwelling);

• (c) a building that is undergoing major renovation.

Design and construction of works and buildings

4.

Energy performance of buildings

5.

• (a) A new building shall, where technically and economically feasible, be equipped with self-regulating devices for the separate regulation of the temperature in each room or, where justified, in a designated heated zone of the building unit.

• (b) Where a heat generator is being replaced in an existing building, where technically and economically feasible, self-regulating devices shall also be installed.

• (c) An existing building (other than a dwelling) shall, before 31 December 2025, where technically and economically feasible, be equipped with a building automation and control system if –

• (i) the effective rated output for heating systems or systems for combined space heating and ventilation in the building is over 290kW, or

• (ii) the effective rated output for systems for air-conditioning or systems for combined air-conditioning and ventilation in the building is over 290kW.

• (d) In respect of an existing building (other than a dwelling) with more than 20 car parking spaces, there shall be installed, before 1 January 2025, one, or more, recharging points.

• (e) A building (other than a dwelling) which has more than 10 car parking spaces, that is -

• (i) new, or

• (ii) subject to subparagraph (g), undergoing major renovation,

shall have installed at least one recharging point and ducting infrastructure (consisting of conduits for electric cables) for at least one in every 5 car parking spaces to enable the subsequent installation of recharging points for electric vehicles.

• (f) A building (containing one, or more than one, dwelling), which has more than 10 car parking spaces, that is -

• (i) new, or

• (ii) subject to subparagraph (g), undergoing major renovation,

shall have installed ducting infrastructure (consisting of conduits for electric cables) for each car parking space to enable the subsequent installation of recharging points for electric vehicles.

• (g) The requirements of subparagraphs (e) and (f), as the case may be, shall apply to a building undergoing major renovation where–

• (i) in a case where the car park is located inside the building, the renovations concerned include the car park or the electrical infrastructure of the building, or

• (ii) in a case where the car park is physically adjacent to the building, the renovations concerned include the car park or the electrical infrastructure of the car park.

Exclusion of certain buildings

6.

• (2) The requirement set out in subparagraph (e) of Regulation 5 shall not apply to a building –

• (a) where the submission of a notice has been made in respect of the building work concerned on or before 10 March 2021, or

• (b) that is owned and occupied by, as the case may be, a small or medium-sized enterprise.

• (3) The requirement set out in subparagraph (f) of Regulation 5 shall not apply to a building where the submission of a notice has been made in respect of the building work concerned on or before 10 March 2021.

Technical guidance documents

7.

• (2) Subject to paragraph (3), where works or a building to which these Regulations apply is or are designed and constructed in accordance with any guidance contained in a technical guidance document, this shall, prima facie, indicate compliance with the relevant requirements of these Regulations.

• (3) The provisions of any guidance contained in a technical guidance document published under paragraph (1) concerning the use of a particular material, method of construction or specification, shall not be construed as prohibiting compliance with a requirement of these Regulations by the use of any other suitable material, method of construction or specification.

Offences

8.

Penalties

9.

GIVEN under my Official Seal,

27 July, 2021.

DARRAGH O’BRIEN,

Minister for Housing, Local Government and Heritage.

Footnotes