2016 No. 71

Building And Buildings

The Building (Energy Performance of Buildings) (Scotland) Amendment Regulations 2016

Made

Laid before the Scottish Parliament

Coming into force

The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 19721 and all other powers enabling them to do so.

Citation, application and commencement1

1

These Regulations may be cited as the Building (Energy Performance of Buildings) (Scotland) Amendment Regulations 2016.

2

Regulation 2(3) applies—

a

in the case of buildings occupied and owned by public authorities, from 1st January 2019; and

b

in the case of all other buildings, from 31st December 2020.

3

These Regulations come into force on 13th March 2016.

Amendment of the Building (Scotland) Regulations 20042

1

The Building (Scotland) Regulations 20042 are amended in accordance with paragraphs (2) and (3).

2

For regulation 17(1)(a) (continuing requirements)3 substitute—

a

accessible parts of every air-conditioning system within a building are inspected at regular intervals not exceeding five years; and

3

In paragraph 6.1 (carbon dioxide emissions)4 of Schedule 5 (building standards applicable to design and construction)5—

a

omit “and” after sub-paragraph (a);

b

after sub-paragraph (b) insert—

; and

c

it is a nearly zero-energy building

c

at the end insert—

Interpretation of this standard

In this standard—

  • “energy from renewable sources” means energy from renewable non-fossil sources, namely wind, solar, aero-thermal, geothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases; and

  • “nearly zero-energy building” means a building that has a very high energy performance, as determined in accordance with a methodology approved under regulation 7 of the Energy Performance of Buildings (Scotland) Regulations 20086, where the nearly zero or very low amount of energy required should be covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on site or nearby.

MARCO BIAGIAuthorised to sign by the Scottish MinistersSt Andrew’s House,Edinburgh
EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Building (Scotland) Regulations 2004 (“the 2004 Regulations”).

Regulation 2 amends regulation 17 of and paragraph 6.1 of Schedule 5 to the 2004 Regulations to insert requirements in relation to the inspection of air-conditioning systems in buildings and nearly zero-energy buildings in implementation of Articles 9 and 15 of Directive 2010/31/EU of the European Parliament and of the Council on the energy performance of buildings (OJ L 153, 18.06.2010 p.13).

The amendments to paragraph 6.1 of Schedule 5 apply in the case of buildings occupied and owned by public authorities from 1st January 2019 and from 31st December 2020 in respect of all other buildings.

No business and regulatory impact assessment has been prepared for these Regulations as no adverse impact upon business, charities or voluntary bodies is foreseen.