The Building and Approved Inspectors (Amendment) Regulations 2006

Amendment of regulation 9 (exempt buildings and work)

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.

(2)

1990 c. 9.

(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.