Infrastructure Act 2015

37 Provision in building regulations for off-site carbon abatement measures

(1) The Building Act 1984 is amended as follows.

(2) In section 1(1A) (matters that may be covered by building regulations) after paragraph (c) insert “;

(d) the action to be taken as a result of a building’s contribution to or effect on emissions of carbon dioxide (whether or not from the building itself).”

(3) Schedule 1 (building regulations) is amended as follows.

(4) After paragraph 7 insert—

“7A(1) This paragraph applies if building regulations impose a requirement in relation to a building as respects its contribution to or effect on emissions of carbon dioxide (whether or not the requirement relates to emissions from the building itself).

(2) Building regulations may make provision for a person to whom the requirement applies to meet it (in whole or in part) by taking action otherwise than in relation to the building.

(3) Such action may include—

(a) doing things which consist of, or cause or contribute, directly or indirectly to—

(i) reductions in emissions of carbon dioxide, or

(ii) the removal of carbon dioxide from the atmosphere;

(b) agreeing with another person that the person will do things within paragraph (a);

(c) making a payment or payments to a fund—

(i) which is administered by, or by a person acting on behalf of, the Secretary of State or the Welsh Ministers, and

(ii) the proceeds of which are used to pay (directly or indirectly) for activities within paragraph (a).

(4) Provision made under paragraph 4A for the use of certificates as evidence of compliance with building regulations by virtue of action within sub-paragraph (3) may include provision—

(a) for the creation and maintenance of a register for keeping track of the use of certificates for that purpose;

(b) about the administration of the register;

(c) for charges to be imposed in connection with the registration of any matter in the register or for the disclosure of information held in the register.

(5) If building regulations make provision for the creation and maintenance of a register, building regulations must make provision for the register to be administered by, or by a person acting on behalf of, the Secretary of State or the Welsh Ministers.

(6) Building regulations made by the Welsh Ministers may make provision for the use, in relation to action taken in respect of a building in Wales, of a register administered by, or by a person acting on behalf of, the Secretary of State.

(7) Building regulations made by the Secretary of State may make provision about the use of such a register for that purpose.

(8) Building regulations may make provision for the creation and maintenance of a fund of a kind referred to in sub-paragraph (3)(c), including provision about—

(a) the administration of such a fund;

(b) the purposes for which proceeds from such a fund may be used.

(9) Building regulations may make provision about—

(a) the calculation of payments to be made into a fund of a kind referred to in sub-paragraph (3)(c);

(b) the maximum payment which may be required to be made into such a fund in respect of a building.

(10) Building regulations made by the Welsh Ministers may make provision for a payment or payments in respect of a building in Wales to be made to a fund administered by, or by a person acting on behalf of, the Secretary of State.

(11) Building regulations made by the Secretary of State may make provision about the use of such a fund for that purpose.

(12) Paragraph 8(2) does not prevent building regulations from providing for action within sub-paragraph (3) to be taken in relation to a building erected before the date on which the regulations come into force.”

(5) In paragraph 8(2) (requirement for building regulations not to apply to buildings erected before regulations come into force, subject to exceptions) after “Subject to sub-paragraphs (3) to (6) below and to” insert “paragraph 7A(12) above and”.

(6) The reference to the Building Act 1984 in article 2(a) of the Welsh Ministers (Transfer of Functions) (No 2) Order 2009 (SI 2009/3019) is to be treated as referring to that Act as amended by this section.