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The Building and Approved Inspectors (Amendment) Regulations 2006

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Amendment of regulation 9 (exempt buildings and work)

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8.—(1) In regulation 9(1)—

(a)in paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (3)”;

(b)at the end add—

(3) The energy efficiency requirements of these Regulations apply to—

(a)the erection of any building of a kind falling within this paragraph;

(b)the extension of any such building, other than an extension falling within class VII in Schedule 2; and

(c)the carrying out of any work to or in connection with any such building or extension.

(4) A building falls within paragraph (3) if it—

(a)is a roofed construction having walls;

(b)uses energy to condition the indoor climate; and

(c)does not fall within the categories listed in paragraph (5).

(5) The categories referred to in paragraph (4)(c) are—

(a)buildings which are—

(i)listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990(2);

(ii)in a conservation area designated in accordance with section 69 of that Act; or

(iii)included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979(3),

where compliance with the energy efficiency requirements would unacceptably alter their character or appearance;

(b)buildings which are used primarily or solely as places of worship;

(c)temporary buildings with a planned time of use of two years or less, industrial sites, workshops and non-residential agricultural buildings with low energy demand;

(d)stand-alone buildings other than dwellings with a total useful floor area of less than 50m2.

(6) In this regulation—

(a)“building” means the building as a whole or parts of it that have been designed or altered to be used separately; and

(b)the following terms have the same meaning as in European Parliament and Council Directive 2002/91/EC on the energy performance of buildings(4)

(i)“industrial sites”;

(ii)“low energy demand”;

(iii)“non-residential agricultural buildings”;

(iv)“places of worship”;

(v)“stand-alone”;

(vi)“total useful floor area”;

(vii)“workshops”..

(1)

Amended by S.I. 2004/3210.

(3)

1979 c. 46; section 1 (3), (5), (6), (7) were amended, and section 1(6A), (7A), (8A) were inserted, by the National Heritage Act 1983 (c. 47), section 33 and Schedule 4, paragraph 25.

(4)

OJ No L 1, 4.1.2003, p65.

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