The Building Regulations &c. (Amendment) Regulations 2012

Made: 17th December 2012

Laid before Parliament: 19th December 2012

Coming into force in accordance with regulation 1

The Secretary of State is a Minister designated for the purposes of section 2(2) of the European Communities Act 1972 in relation to measures relating to the environment.

In accordance with section 14(3) of the Building Act 1984 the Secretary of State has consulted the Building Regulations Advisory Committee for England and such other bodies as appear to him to be representative of the interests concerned.

The Secretary of State makes the following Regulations in exercise of the powers conferred by sections 1, 2A, 16(9) and (10), 17(1) and (6), 34, 47(1) to (5), 49(5), 50(1), (4) and (6), 51(1) and (2), 51A(2), (3) and (6) and 56(1) and (2) of and paragraphs 1, 2, 4, 4A, 6, 7, 8, 9 and 10 of Schedule 1 to the Building Act 1984:

Citation, extent, application, and commencement

1

• (1) These Regulations may be cited as The Building Regulations &c. (Amendment) Regulations 2012.

• (2) These Regulations extend to England and Wales.

• (3) Subject to paragraph (4), these Regulations do not apply in relation to any building in Wales, other than an excepted energy building.

• (4) Regulations 14, 15, 16, 17, 18, 19, 22 and 23 apply in relation to—

• (a) educational buildings and buildings of statutory undertakers in Wales;

• (b) Crown buildings in Wales; and

• (c) building work carried out or proposed to be carried out by Crown authorities in Wales.

• (5) Each provision of these Regulations mentioned in the second column of the Table in Schedule 1 shall come into force on the date mentioned in the first column of that Table, for the purpose mentioned in the third column.

• (6) In this regulation—

• “excepted energy building” has the same meaning as in the Schedule to the Welsh Ministers (Transfer of Functions)(Order No.2) Order 2009 ;

• “Crown authority” means the Crown Estate Commissioners, a Minister of the Crown, a government department, any other person or body whose functions are performed on behalf of the Crown (not being a person or body whose functions are performed on behalf of Her Majesty in her private capacity), or a person acting in right of the Duchy of Lancaster or the Duchy of Cornwall;

• “Crown building” means a building in which there is a Crown interest or Duchy interest;

• “Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department;

• “Duchy interest” means an interest belonging to Her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall; and

• “educational buildings and buildings of statutory undertakers” means buildings that fall within section 4(1)(a), (b) or (c) of the Building Act 1984.

PART 1 — The Building Regulations 2010

Amendment of the Building Regulations 2010

2

The Building Regulations 2010 (“the 2010 Regulations”) are amended as set out in regulations 3 to 32.

Interpretation

3

In regulation 2(1) —

• (a) in the definition of “energy efficiency requirements”, after “23”, insert “ 25A, 25B ”;

• (b) after the definition of “energy efficiency requirements” insert—

“energy performance certificate” means a certificate which complies with the requirements of regulation 29 of these Regulations;

• (c) for the definition of “fixed building services” substitute—

“fixed building services” means any part of, or any controls associated with— 1. fixed internal or external lighting systems (but not including emergency escape lighting or specialist process lighting); 2. fixed systems for heating, hot water, air conditioning or mechanical ventilation; or 3. any combination of systems of the kinds referred to in paragraph (a) or (b);

Limitation on requirements

4

In regulation 8, omit “N”.

Exempt buildings and work

5

In regulation 9(3)(a), after “greenhouse” insert “ used for domestic purposes ”.

Giving of building notice or deposit of plans

6

In regulation 12—

• (a) after paragraph (6) insert—

(6A) A person intending to carry out building work in relation to which Part P of Schedule 1 imposes a requirement is required to give a building notice or deposit full plans where the work consists of— (a) the installation of a new circuit; (b) the replacement of a consumer unit; or (c) any addition or alteration to existing circuits in a special location.

; and

• (b) in paragraph (9)—

• (i) after the definition of “fronting”, omit “and”; and

• (ii) after the definition of “private street”, omit “.” and insert—

; and “special location” means— 1. within a room containing a bath or shower, the space surrounding a bath tap or shower head, where the space extends— 1. vertically from the finished floor level to— 2. a height of 2.25 metres; or 3. the position of the shower head where it is attached to a wall or ceiling at a point higher than 2.25 metres from that level; and 4. horizontally— 5. where there is a bath tub or shower tray, from the edge of the bath tub or shower tray to a distance of 0.6 metres; or 6. where there is no bath tub or shower tray, from the centre point of the shower head where it is attached to the wall or ceiling to a distance of 1.2 metres; or 2. a room containing a swimming pool or sauna heater.

Full Plans

7

In regulation 14, omit paragraph (5).

Consultation with sewerage undertaker

8

In regulation 15(2)(b), for “pursuant to a request under regulation 14(5)” substitute “ or 17A ”.

Notice of commencement and completion of certain stages of work

9

Regulation 16 is amended as follows—

• (a) omit paragraphs (2) and (3), and substitute—

(2) Subject to paragraph (8), a person carrying out building work must notify the local authority as required by the authority in accordance with paragraph (3). (3) Subject to the conditions in paragraphs (3A) and (3B), where a local authority receives notice of intention to commence building work under paragraph (1) they may give the person carrying out the work a notice in writing which— (a) requires that person to notify the authority that a specified stage of the work (other than a stage specified in paragraphs (4) and (5)) has been reached; and (b) may specify one or more periods of time, applying to each such required notification, which may be either or both of the following— (i) a period before or after the work has been carried out within which the notification must be made; and (ii) a period during which the work concerned must not be covered up. (3A) A local authority may only specify a stage of the building work in accordance with paragraph (3)(a) if at the time they do so they intend to carry out an inspection of that stage. (3B) For the purposes of paragraph (3A) the local authority's intention to carry out an inspection of a stage of building work must be based on their assessment of the risk of breach of these Regulations if they do not inspect the work..

• (b) in paragraph (5), after the words “where a building is being erected”, add “ to which the Regulatory Reform (Fire Safety) Order 2005 applies, or will apply after the completion of the work ”; and

• (c) in paragraph (6), for “to (3)” substitute “ or (2) ”.

Completion certificates

10

Regulation 17 is amended as follows—

• (a) for paragraphs (1) to (3) substitute—

(1) A local authority shall within the specified period give a completion certificate in all cases (including a case where a certificate has already been given under regulation 17A) where they are satisfied, after taking all reasonable steps, that, following completion of building work carried out on it, a building complies with the relevant provisions. (2) The specified period referred to in paragraph (1) is eight weeks starting from the date on which the person carrying out the building work notifies the local authority that the work has been completed. (2A) The relevant provisions referred to in paragraph (1) are any applicable requirements of the following provisions— (a) regulation 25A (high-efficiency alternative systems for new buildings), (b) regulation 26 (target CO² emission rates for new buildings), (c) regulation 29 (energy performance certificates), (d) regulation 36 (water efficiency of new dwellings), (e) regulation 38 (fire safety information), and (f) Schedule 1.

; and

• (b) after paragraph (4), insert—

(5) The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph(4).

11

After the end of regulation 17, insert—

(17A) (1) A local authority shall within the specified period give a completion certificate in respect of part or all of a building where building work is being carried out and where all of the following circumstances apply— (a) part or all of the building is to be occupied before the work is completed; (b) the building is subject to the Regulatory Reform (Fire Safety) Order 2005; and (c) the authority is satisfied, after taking all reasonable steps, that, regardless of completion of the current building work, those parts of the building which are to be occupied before completion of the work currently comply with regulation 38 and Part B of Schedule 1. (2) The specified period referred to in paragraph (1) is four weeks starting from the date that notice is received by the local authority in accordance with regulation 16(5). (3) A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with, and the certificate shall contain this wording. (4) The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (3)

Supervision of building work otherwise than by local authorities

12

In regulation 19(1), after “17 (completion certificates)” insert “ 17A (Certificate for building occupied before work is completed) ”.

Provisions applicable to self-certification schemes

13

Regulation 20 is amended as follows—

• (a) after the end of paragraph (3)(b)(ii) insert—

(3A) A local authority shall store in a retrievable form copies of the notices and certificates given to it in accordance with paragraph (3)(b). (3B) If the whole or part of the work was paid for using a green deal plan, the person carrying out the work must include— (a) in the certificate referred to in paragraph (2); and (b) in the notice given to the local authority referred to in paragraph (3)(b)(i), a statement to that effect. (3C) Such a statement that relates to a part of the work must specify which part was paid for using the green deal plan. (3D) In this regulation, “green deal plan” has the meaning given in section 1 of the Energy Act 2011.

• (b) after the end of paragraph (4) insert—

(5) A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with, and the certificate shall contain this wording. (6) The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (5).

Application of energy efficiency requirements

14

In regulation 21(5) for “European Parliament and Council Directive 2002/91/EC of 16 December 2002 on the energy performance of buildings” substitute “ European Parliament and Council Directive 2010/31/EU of 19 May 2010 on the energy performance of buildings (recast) ”.

Requirements relating to thermal elements

15

For regulation 23 (and the heading before it) substitute—

(23) (1) Where the renovation of an individual thermal element— (a) constitutes a major renovation; or (b) amounts to the renovation of more than 50% of the element's surface area; the renovation must be carried out so as to ensure that the whole of the element complies with paragraph L1(a)(i) of Schedule 1, in so far as that is technically, functionally and economically feasible. (2) Where the whole or any part of an individual thermal element is proposed to be replaced and the replacement— (a) constitutes a major renovation; or (b) (in the case of part replacement) amounts to the replacement of more than 50% of the thermal element's surface area; the whole of the thermal element must be replaced so as to ensure that it complies with paragraph L1(a)(i) of Schedule 1, in so far as that is technically, functionally and economically feasible.

Minimum energy performance requirements for new buildings

16

In regulation 25 for “based upon” substitute “ set in accordance with ”.

Consideration of high-efficiency alternative systems for new buildings (new regulation 25A) and nearly zero-energy requirements for new buildings (new regulation 25B)

17

After regulation 25 ((minimum energy performance requirements for new buildings), insert—

(25A) (1) Before construction of a new building starts, the person who is to carry out the work must analyse and take into account the technical, environmental and economic feasibility of using high-efficiency alternative systems (such as the following systems) in the construction, if available— (a) decentralised energy supply systems based on energy from renewable sources; (b) cogeneration; (c) district or block heating or cooling, particularly where it is based entirely or partially on energy from renewable sources; and (d) heat pumps. (2) The person carrying out the work must— (a) not later than the beginning of the day before the day on which the work starts, give the local authority a notice which states that the analysis referred to in paragraph (1)— (i) has been undertaken; (ii) is documented; and (iii) the documentation is available to the authority for verification purposes; and (b) ensure that a copy of the analysis is available for inspection at all reasonable times upon request by an officer of the local authority. (3) An authorised officer of the local authority may require production of the documentation in order to verify that this regulation has been complied with. (4) The analysis referred to in paragraph (1)— (a) may be carried out for individual buildings or for groups of similar buildings or for common typologies of buildings in the same area; and (b) in so far as it relates to collective heating and cooling systems, may be carried out for all buildings connected to the system in the same area. (5) In this regulation— (a) “cogeneration” means simultaneous generation in one process of thermal energy and one or both of the following— (i) electrical energy; (ii) mechanical energy; (b) “district or block heating or cooling” means the distribution of thermal energy in the form of steam, hot water or chilled liquids, from a central source of production through a network of multiple buildings or sites, for the use of space or process heating or cooling; (c) “energy from renewable sources” means energy from renewable non-fossil sources, namely wind, solar, aerothermal, geothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases; and (d) “heat pump” means a machine, a device or installation that transfers heat from natural surroundings such as air, water or ground to buildings or industrial applications by reversing the natural flow of heat such that it flows from a lower to a higher temperature. (For reversible heat pumps, it may also move heat from the building to the natural surroundings.) (25B) Where a building is erected, it must be a nearly zero-energy building.

Energy performance certificates

18

In regulation 29 —

• (a) in paragraph 4(c), for “that category of building”, substitute “ the category of building to which the certificate relates ”;

• (b) at the end of paragraph (4)(c)—

• (i) omit “and”; and

• (ii) insert—

(cc) include a recommendation report unless there is no reasonable potential for energy performance improvements (in terms of the applicable energy efficiency requirements); (cd) be valid in accordance with paragraph (9); and

• (c) for paragraph (4)(d)(i), substitute—

the reference number under which the set of data from which the certificate may be produced has been entered onto the register in accordance with regulation 30(4);

• (d) omit paragraph (5); and

• (e) after paragraph (7) insert—

(8) Certification for a building which consists of a single dwelling may be based on the assessment of another representative building of similar design and size with a similar actual energy performance quality, provided such correspondence is guaranteed by the energy assessor issuing the energy performance certificate. (9) An energy performance certificate is only valid if— (a) it was entered on the register no more than 10 years before the date on which it is made available; and (b) no other energy performance certificate for the building has since been entered on the register. (10) An energy performance certificate must not contain any information or data (except for the address of the building) from which a living individual (other than the energy assessor or his employer) can be identified.

Recommendation reports (new regulation 29A)

19

After regulation 29 (energy performance certificates) insert—