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The Building (Amendment) Regulations (Northern Ireland) 2014

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EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Building Regulations (Northern Ireland) 2012 (the principal Regulations) and they come into operation on 25th February 2014. These Regulations transpose Articles 2, 4, 6, 7 and 9 of European Parliament and the Council Directive 2010/31/EU of 19 May 2010 on the energy performance of buildings (“the recast Directive”).

These Regulations amend the principal Regulations as follows–

Regulation 5(1) amends regulation 2(1) of Part A by extending the definition of “Fixed building service”.

Regulation 5(2) applies certain energy efficiency requirements to buildings belonging to statutory undertakers.

Regulation 6 amends Part F of the principal Regulations:

1.  Regulation 38 has been replaced and includes the following–

(a)Regulation 38(2) transposes, in part, Article 4 of the recast Directive setting out those categories of building to which energy efficiency requirements of the Building Regulations do not apply.

(b)Regulation 38(5) and (6) amends or inserts new definitions in Part F.

2.  Regulation 43 is amended to transpose fully the requirements of Article 7 by recognising the term “major renovation”. The remaining provisions of the amended regulation 43 reflect existing domestic policy where more than 50% of an individual thermal element’s surface area is to be renovated or replaced. All the requirements in the amended regulation 43 are now subject to the Article 7 qualification that the requirement to meet the minimum energy performance requirements applies only where technically, functionally and economically feasible.

3.  Regulation 43A transposes a requirement arising from Article 6 of the recast Directive relating to consideration of high-efficiency alternative systems for new buildings; and

4.  Regulation 43B transposes a requirement arising from Article 9 of the recast Directive relating to a requirement for all new buildings to be nearly zero-energy buildings.

Regulation 7 amends Schedule 3, Part A. Paragraph (a) inserts a new paragraph (11) into Rule B: Erection of buildings requiring a notice stating that the analysis required by regulation 43A in Part F has been carried out and is available for verification. Paragraph (b) inserts a new paragraph (13) into Rule F: Additional requirements requiring documented analysis for the purposes of regulation 43A in Part F.

A Regulatory Impact Assessment has been prepared along with a Transposition Note. Copies may be downloaded from www.buildingregulationsni.gov.uk, or alternatively, hard copies may be requested from Building Standards Branch, Department of Finance and Personnel, 3rd Floor, Northland House, 3-5a Frederick Street, Belfast, BT1 2NR.

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