The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018

Made: 30th April 2018

Laid before the National Assembly for Wales: 4th May 2018

Coming into force: 8th June 2018

The Welsh Ministers, in exercise of the powers conferred on them by section 2(2) of the European Communities Act 1972, and on the Secretary of State by sections 1, 1A, 2, 2A, 3, 16, 17, 34, 35, 47, 49, 50, 51, 51A, 52 and 54 of, and paragraphs 1, 2, 4, 4A, 6, 7, 8 and 10 of Schedule 1 to, and paragraphs 2 and 3 of Schedule 4 to, the Building Act 1984[^f00003], and now exercisable by them[^f00004],having consulted the Building Regulations Advisory Committee for Wales and such other bodies as appear to them to be representative of the issues concerned in accordance with section 14(7) of that Act[^f00005] make the following Regulations:

PART 1 — Preliminary

Title, commencement, application and interpretation

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• (1) The title of these Regulations is the Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018.

• (2) These Regulations come into force on 8 June 2018.

• (3) These Regulations apply in relation to excepted energy buildings in Wales.

• (4) In these Regulations “excepted energy buildings” (“adeiladau ynni a eithrir”) has the meaning given in the Schedule to the Welsh Ministers (Transfer of Functions) (No. 2) Order 2009[^f00006].

PART 2 — The Building Regulations 2010

Amendment to the Building Regulations 2010

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The Building Regulations 2010[^f00007] are amended as set out in regulations 3 to 16.

Part 1 (general)

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In regulation 2 (interpretation) in paragraph (1)—

• (a) in the definition of “energy efficiency requirements”—

• (i) after “26A,” insert “26B,”;

• (ii) for “40 and 43” substitute “and 40”;

• (b) omit “excepted energy building”, “new dwelling”, “optional requirement” and “planning permission” and their respective definitions.

Part 2 (control of building work)

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• (1) In regulation 4 (requirements relating to building work)—

• (a) in paragraph (1)(b) omit the words from “, except as may” to the end;

• (b) omit paragraphs (1A) to (1D).

• (2) In regulation 6 (requirements relating to material change of use)—

• (a) in paragraph (1)—

• (i) in sub-paragraph (i) for “M1 (access to and use of buildings other than dwellings)” substitute “M1 (access and use)”;

• (ii) omit sub-paragraph (j);

• (b) in paragraph (2)—

• (i) at the end of sub-paragraph (c) insert “and”;

• (ii) omit sub-paragraph (e).

• (3) In regulation 8 (limitation on requirements) after “K” insert “, N”.

• (4) In regulation 9 (exempt buildings and work)—

• (a) in paragraph (3)(a) omit “used for domestic purposes”;

• (b) for paragraph (4) substitute—

(4) The requirements of paragraph R1 of Schedule 1 apply to buildings controlled under other legislation falling within class 1 in Schedule 2.

• (5) In regulation 11(3) (power to dispense with or relax requirements)—

• (a) after “25B” omit “and”;

• (b) after “paragraph R1” omit “(in-building physical infrastructure for high-speed electronic communications networks)”.

Part 3 (notices, plans and certificates)

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• (1) In regulation 12 (giving of a building notice or deposit of plans)—

• (a) in paragraph (6)—

• (i) at the end of sub-paragraph (a) insert “or”;

• (ii) at the end of sub-paragraph (b) omit “;or”;

• (iii) omit sub-paragraph (c);

• (b) omit paragraph (6A);

• (c) in paragraph (9)—

• (i) at the end of the definition of “private street” omit “and”;

• (ii) omit “special location” and its definition.

• (2) In regulation 13 (particulars and plans where a building notice is given)—

• (a) in paragraph (1)—

• (i) at the end of sub-paragraph (b) insert “and”;

• (ii) at the end of sub-paragraph (c) omit “; and”;

• (iii) omit sub-paragraph (d);

• (b) omit paragraph (1A).

• (3) In regulation 14 (full plans) in paragraph (3)(a) omit “, (1A)”.

• (4) In regulation 16 (notice of commencement and completion of certain stages of work)—

• (a) for paragraphs (2) and (3) substitute—

(2) Subject to paragraph (8), a person carrying out building work shall not— (a) cover up any excavation for a foundation, any foundation, any damp-proof course or any concrete or other material laid over a site; or (b) cover up in any way any drain or sewer to which these Regulations apply, unless that person has given the local authority notice of intention to commence that work, and at least one day has elapsed since the end of the day on which the notice was given. (3) Subject to paragraph (8), a person who has laid, haunched or covered any drain or sewer in respect of which Part H of Schedule 1 (drainage and waste disposal) imposes a requirement shall give notice to that effect to the local authority not more than five days after the completion of the work.

• (b) omit paragraphs (3A) and (3B);

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

• (5) In regulation 17 (completion certificates) in paragraph (2A)—

• (a) in sub-paragraph (c) for “(target fabric energy efficiency requirements for new dwellings)” substitute “(primary energy consumption rates for new buildings)”;

• (b) after sub-paragraph (c) insert—

(ca) regulation 26B (fabric performance values for new dwellings),

Part 5 (self-certification schemes and third party certification schemes)

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• (1) In the heading of Part 5 omit “and third party certification schemes”.

• (2) In regulation 20 (provisions applicable to self- certification schemes)—

• (a) after paragraph (3B) insert—

(3C) Such a statement that relates to a part of the work must specify which part was paid for using the green deal plan.

• (b) at the end of paragraph (5) insert “, and the certificate shall contain this wording”.

• (3) Omit regulation 20A (provisions applicable to third party certification schemes).

Part 6 (energy efficiency requirements)

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• (1) In regulation 21 (application of energy efficiency requirements) in paragraph (4)—

• (a) at the end of sub-paragraph (a) omit “or”;

• (b) at the end of sub-paragraph (b) insert “to heat the conservatory or porch; or”;

• (c) after sub-paragraph (b) insert—

(c) in which a fixed heating appliance has been provided to heat the conservatory or porch.

• (2) For regulation 25 (minimum energy performance requirements for new buildings) substitute—

(25) The Welsh Ministers shall approve minimum energy performance requirements for new buildings, in the form of target CO² emission rates, which shall be calculated and expressed in accordance with the methodology approved pursuant to regulation 24.

• (3) After regulation 25B (nearly zero-energy requirements for new buildings) insert—

(25C) Minimum energy performance requirements must be approved by the Welsh Ministers, calculated and expressed in accordance with the methodology approved pursuant to regulation 24, for— (a) new buildings (other than new dwellings), in the form of target primary energy consumption rates; and (b) new dwellings, in the form of target fabric performance values.

• (4) For regulation 26A (fabric energy efficiency rate) and the heading before it substitute—

(26A) Where a building (other than a dwelling) is erected, it must not exceed the target primary energy consumption rate for the building which has been approved pursuant to regulation 25C(a), applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24.

• (5) After regulation 26A insert—

(26B) Where a dwelling is erected, it must not exceed the target fabric performance values for the dwelling which have been approved pursuant to regulation 25C(b), applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24.

• (6) In regulation 27A (fabric energy efficiency rates calculations)—

• (a) for the heading substitute “Primary energy consumption rate calculations”;

• (b) in paragraph (1) for “dwelling” substitute “building (other than a dwelling)”;

• (c) in paragraphs (2) and (3) in each place where it occurs for “shall” substitute “must”;

• (d) in paragraphs (2)(a) and (b) and (3)(a)(i) and (ii) in each place where it occurs for “fabric efficiency rate for the dwelling” substitute “primary energy consumption rate for the building”;

• (e) in paragraphs (2)(c) and (3)(a)(iii) in each place where it occurs for “dwelling” substitute “building”;

• (f) in paragraph (5) for “fabric energy efficiency rate” substitute “primary energy consumption rate”.

• (7) After regulation 27A insert—

(27B) (1) This regulation applies where a dwelling is erected and regulation 26B applies. (2) Not later than the day before the work starts, the person carrying out the work must give the local authority a notice which specifies— (a) the target fabric performance values for the dwelling, calculated and expressed in accordance with the methodology approved pursuant to regulation 24; (b) the fabric performance values for the dwelling as designed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24; and (c) a list of specifications to which the dwelling is to be constructed. (3) Not later than five days after the work has been completed, the person carrying out the work must give the local authority— (a) a notice which specifies— (i) the target fabric performance values for the dwelling, calculated and expressed in accordance with the methodology approved pursuant to regulation 24; (ii) the fabric performance values for the dwelling as constructed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24; and (iii) whether the dwelling has been constructed in accordance with the list of specifications referred to in paragraph 2(c), and if not a list of any changes to those specifications; or (b) a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraph (a). (4) A local authority is authorised to accept, as evidence that the requirements of regulation 26B have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce energy performance certificates for that category of building. (5) In this regulation, “specifications” means specifications used for the calculation of the fabric performance values.

• (8) For regulation 28 (consequential improvements to energy performance) substitute—

(28) (1) Paragraph (3) applies to an existing building with a total useful floor area over 1000m² where the proposed building work consists of or includes— (a) the initial provision of any fixed building services; or (b) an increase to the installed capacity of any fixed building services. (2) Paragraph (3) applies to an existing building where the proposed building work consists of or includes— (a) an extension; or (b) the extension of the building’s heating system or the provision of a fixed heating appliance, to heat a previously unheated space. (3) Subject to paragraph (4), where this paragraph applies, such work, if any, shall be carried out as is necessary to ensure that the building complies with the requirements of Part L of Schedule 1. (4) Nothing in paragraph (3) requires work to be carried out if it is not technically, functionally and economically feasible.

• (9) In regulation 34 (application of building regulations to educational buildings, buildings of statutory undertakers or crown buildings) for “25(a)” substitute “25”.

• (10) In regulation 35 (interpretation of Part 6) omit “fabric energy efficiency” and “new dwelling” and their respective definitions.

Part 7 (water efficiency)

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• (1) For regulation 36 (water efficiency of new dwellings) substitute—

(36) (1) The potential consumption of wholesome water by persons occupying a dwelling to which this regulation applies must not exceed 125 litres per person per day, calculated in accordance with the methodology approved by the Welsh Ministers. (2) This regulation applies to a dwelling which is— (a) erected; or (b) formed by a material change of use of a building within the meaning of regulation 5(a) or (b).

• (2) For paragraph (1) of regulation 37 (wholesome water consumption calculation) substitute—

(1) Where regulation 36 applies, the person carrying out the work must give the local authority a notice which specifies the potential consumption of wholesome water per person per day calculated in accordance with the methodology referred to in that regulation in relation to the completed dwelling.

Part 7A Automatic Fire Suppression Systems

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After Part 7 insert—

(37A) subject to paragraphs (4) and (5). (1) This regulation applies where building work consists of the erection or material change of use of a building in relation to— (a) care homes, which means places at which a care home service, within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016, is provided wholly or mainly to persons aged 18 or over; (b) rooms for residential purposes other than rooms in— (i) a hostel providing temporary accommodation to those who are ordinarily resident elsewhere; (ii) an hotel; (iii) a prison or young offender institution; and (iv) a hospital; (c) dwelling-houses and flats, (2) For the purposes of this regulation a material change of use comprises or includes a change of use within regulation 5 (a), (b), (c), (d), (g), (h) or (i). (3) A building to which this regulation applies must be provided with an automatic fire suppression system which is installed and operates in accordance with the requirements set in regulation 37B. (4) This regulation does not apply to buildings which are— (a) listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990[^f00008]; (b) in a conservation area designated in accordance with section 69 of that Act; or (c) included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979[^f00009], where installation of a fire suppression system would unacceptably alter their character or appearance. (5) This regulation does not apply to temporary buildings with a planned time of use of two years or less. (37B) For the purposes of regulation 37A(3), the requirements of an automatic fire suppression system are the requirements set out in any document approved and issued under section 6 of the Building Act 1984 for the purpose of providing practical guidance as to the requirements of regulation 37A.

Part 9 (testing and commissioning)

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In regulation 43 (pressure testing) in paragraph (2) omit “and regulation 26A”.

Part 9A (physical infrastructure for high-speed electronic communications networks)

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• (1) For regulation 44A (application of paragraph R1 of Schedule 1 to educational buildings, buildings of statutory undertakers and Crown buildings) substitute—

(44A) The requirements of paragraph R1 (in-building physical infrastructure for high-speed electronic communications networks) of Schedule 1 apply to— (a) educational buildings and buildings of statutory undertakers, falling within paragraphs (a), (b) or (c) of section 4(1) of the Act (notwithstanding section 4(1) of the Act); (b) Crown buildings; and (c) building work carried out or proposed to be carried out by Crown authorities.

• (2) In regulation 44B (exemptions from paragraph R1 of Schedule 1) in paragraph (a)—

• (a) at the end of sub-paragraph (i) omit “or”;

• (b) at the end of sub- paragraph (ii) insert “or”;

• (c) after sub-paragraph (ii) insert—

(iii) included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979,

Part 10 (miscellaneous)

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For regulation 47 (contravention of certain regulations not to be an offence) substitute—

(47) Regulations 17, 17A, 25A, 27, 27A, 27B, 37, 41, 42, 43 and 44 are designated as provisions to which section 35 of the Act (penalty for contravening building regulations) does not apply.

Schedule 1 (requirements in relation to building work)

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In Schedule 1—

• (a) in Part H (drainage and waste disposal), in sub-paragraph (a) of the second column of requirement H3(2) (rainwater drainage)—

• (i) for “M1 (access to and use of buildings other than dwellings)” substitute “M1 (access and use), or”;