The Building (Scotland) Regulations 2004

[F1[F2Energy demand F3...]S

6.1  Every building must be designed and constructed in such a way that–

[F4(a)the energy performance is estimated in accordance with a methodology of calculation approved under regulation 7(a) of the Energy Performance of Buildings (Scotland) Regulations 2008 F5;] F6...

F7(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8(c)it is a nearly zero-energy building].

[F9(d)it is capable of reducing the energy demand of the building.]

[F10Interpretation 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 2008 F11, 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.]

Limitation

[F12(1) F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) This standard does not apply to—]

[F14(a)alterations and extensions to buildings other than—

(i)alterations and extensions to stand-alone buildings having an area less than 50 square metres that would increase the area to 50 square metres or more;

(ii)extensions to non-domestic buildings where the extension will have an area which is both greater than 100 square metres and greater than 25% of the area of the existing building; and

(iii)alterations to buildings involving the fit-out of the building shell which is the subject of a continuing requirement;]

(b)conversions of buildings;

(c)non-domestic buildings and buildings that are ancillary to a dwelling that are stand-alone having an area less than 50 square metres;

(d)buildings, which will not be heated or cooled other than by heating provided solely for the purpose of frost protection; F15...

(e)limited life buildings which have an intended life of less than 2 years.]

Textual Amendments

F6Word in sch. 5 para. 6.1.(a) omitted (with application in accordance with reg. 1(2) of the amending S.S.I.) by virtue of The Building (Energy Performance of Buildings) (Scotland) Amendment Regulations 2016 (S.S.I. 2016/71), regs. 1(3), 2(3)(a)

F8Sch. 5 para. 6.1.(c) and word inserted (with application in accordance with reg. 1(2) of the amending S.S.I.) by The Building (Energy Performance of Buildings) (Scotland) Amendment Regulations 2016 (S.S.I. 2016/71), regs. 1(3), 2(3)(b)

F10Words in sch. 5 para. 6.1 inserted (with application in accordance with reg. 1(2) of the amending S.S.I.) by The Building (Energy Performance of Buildings) (Scotland) Amendment Regulations 2016 (S.S.I. 2016/71), regs. 1(3), 2(3)(c)

F11S.S.I. 2008/309. Regulation 7 was substituted by S.S.I. 2012/315.

F13Words in sch. 5 para. 6.1 omitted (1.4.2024) by virtue of The Building (Scotland) Amendment Regulations 2023 (S.S.I. 2023/177), regs. 1, 4(a)(iii) (with reg. 6)

F14Words in Sch. 5 para. 6.1 substituted (1.10.2015) by The Building (Scotland) Amendment Regulations 2014 (S.S.I. 2014/219), regs. 1, 2(2) (with reg. 3)