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The Building (Scotland) Regulations 2004

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[F1SECTION 6:SENERGY

Carbon dioxide emissionsS

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

[F2(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 F3;] F4...

(b)the energy performance of the building is capable of reducing carbon dioxide emissions [F5; and

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

[F6Interpretation of this standardS

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 F7, 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.]

Textual Amendments

F6Words 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)

F7S.S.I. 2008/309. Regulation 7 was substituted by S.S.I. 2012/315.

LimitationS

This standard does not apply to–

[F8(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; or

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

Textual Amendments

F8Words 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)

Building insulation envelopeS

6.2  Every building must be designed and constructed in such a way that an insulation envelope is provided which reduces heat loss.

LimitationS

This standard does not apply to–

(a)non-domestic buildings which will not be heated, other than heating provided solely for the purposes of frost protection;

(b)communal parts of domestic buildings which will not be heated, other than heating provided solely for the purposes of frost protection; or

(c)buildings which are ancillary to dwellings, other than conservatories, which are either unheated or provided with heating which is solely for the purpose of frost protection.

Heating systemS

6.3  Every building must be designed and constructed in such a way that the heating and hot water service systems installed are energy efficient and are capable of being controlled to achieve optimum energy efficiency.

LimitationS

This standard does not apply to–

(a)buildings which do not use fuel or power for controlling the temperature of the internal environment;

(b)heating provided solely for the purpose of frost protection; F9...

F9(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F9Words in Sch. 5 para. 6.3 omitted (1.10.2015) by virtue of The Building (Scotland) Amendment Regulations 2015 (S.S.I. 2015/218), regs. 1(3), 3(2) (with reg. 4)

Insulation of pipes, ducts and vesselsS

6.4  Every building must be designed and constructed in such a way that temperature loss from heated pipes, ducts and vessels, and temperature gain to cooled pipes and ducts, is resisted.

LimitationS

This standard does not apply to–

(a)buildings which do not use fuel or power for heating or cooling either the internal environment or water services;

[F10(b)buildings, or parts of a building, which will not be heated, other than heating provided solely for the purpose of frost protection; or

(c)pipes, ducts or vessels that form part of an isolated industrial or commercial process.]

Textual Amendments

F10Words in Sch. 5 para. 6.4 substituted (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(k) (with reg. 3)

Artificial and display lightingS

6.5  Every building must be designed and constructed in such a way that the artificial or display lighting installed is energy efficient and is capable of being controlled to achieve optimum energy efficiency.

[F11LimitationS

This standard does not apply to–

(a)process and emergency lighting components in a building; or

(b)alterations to a dwelling or a building ancillary to a dwelling.]

Textual Amendments

F11Sch. 5 para. 6.5: limitation substituted (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(l) (with reg. 3)

Mechanical ventilation and air conditioningS

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

(a)the form and fabric of the building minimises the use of mechanical ventilating or cooling systems for cooling purposes; and

(b)F12... the ventilating and cooling systems installed are energy efficient and are capable of being controlled to achieve optimum energy efficiency.

LimitationS

This standard does not apply to buildings which do not use fuel or power for ventilating or cooling the internal environment.

Commissioning building servicesS

6.7  Every building must be designed and constructed in such a way that energy supply systems and building services which use fuel or power for heating, lighting, ventilating and cooling the internal environment and heating the water, are commissioned to achieve optimum energy efficiency.

LimitationS

This standard does not apply to–

(a)major power plants serving the National Grid;

(b)the process and emergency lighting components of a building;

(c)heating provided solely for the purpose of frost protection; or

(d)energy supply systems used solely for industrial and commercial processes, leisure use and emergency use within a building.

Written informationS

6.8  The occupiers of a building must be provided with written information by the owner–

(a)on the operation and maintenance of the building services and energy supply systems; and

(b)where any air conditioning system in the building is subject to regulation 17, stating a time based interval for inspection of the system.

LimitationS

This standard does not apply to–

(a)major power plants serving the National Grid;

(b)buildings which do not use fuel or power for heating, lighting, ventilating and cooling the internal environment and heating the water supply services;

(c)the process and emergency lighting components of a building;

(d)heating provided solely for the purpose of frost protection;

(e)lightingF13... systems in a domestic building; or

(f)energy supply systems used solely for industrial and commercial processes, leisure use and emergency use within a building.

Textual Amendments

F13Sch. 5 para. 6.8: words omitted (1.10.2010) by virtue of The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(n) (with reg. 3)

Energy Performance CertificatesS

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

[F14(a) an energy performance certificate for the building is affixed to the building; and]

(c)the energy performance certificate is displayed in a prominent place within the building.

Textual Amendments

F14Sch. 5 para. 6.9(a) substituted for para. 6.9(a)(b) (4.1.2009) by The Building (Scotland) Amendment Regulations 2008 (S.S.I. 2008/310), regs. 1, 2(4)

LimitationS

(a)This standard does not apply to–

(i)buildings which do not use fuel or power for controlling the temperature of the internal environment;

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

[F15(iii)conversions, alterations and extensions to buildings other than—

(aa)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; and

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

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

[F16(b)Standard 6.9(c) only applies to buildings—

(i)with a floor area of more than [F17250] square metres;

(ii)into which members of the public have an express or implied licence to enter; and

(iii)which are visited by members of the public on at least a weekly basis.]

Textual Amendments

F15Words in Sch. 5 para. 6.9 substituted (1.10.2015) by The Building (Scotland) Amendment Regulations 2014 (S.S.I. 2014/219), regs. 1, 2(3) (with reg. 3)

F16Words in Sch. 5 para. 6.9 substituted (9.1.2013) by The Building (Scotland) Amendment Regulations 2012 (S.S.I. 2012/209), regs. 1, 2(3)

MeteringS

6.10  Every building must be designed and constructed in such a way that each [F18building, or] part of a building designed for different occupation is fitted with fuel [F19and power] meters.

LimitationS

This standard does not apply to–

(a)communal areas of buildings in different occupation;

F20(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)heating fired by solid fuel or biomass; or

(d)heating for individual dwellings fired by LPG or oil.]

Textual Amendments

F20Words in Sch. 5 para. 6.10 omitted (1.10.2010) by virtue of The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(o)(iii) (with reg. 3)

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