Amendments relating to sustainability information for new homes
2.—(1) After regulation 8(c) (required documents) of the principal Regulations, add—
“(ca)subject to regulation 34A, for a property finished before or at the first point of marketing, which is marketed as a new home—
(i)a sustainability certificate complying with paragraph 2 of Schedule 2A; or
(ii)a nil-rated certificate complying with paragraph 4 of that Schedule;
(cb)subject to regulation 34A, for a property not finished before or at the first point of marketing, which is marketed as a new home—
(i)an interim sustainability certificate complying with paragraph 3 of Schedule 2A; or
(ii)a nil-rated certificate complying with paragraph 4 of that Schedule;”.
(2) After Schedule 2 to the principal Regulations, add—
regulation 8(ca) and 8(cb)
“SCHEDULE 2ASustainability information for new homes
Interpretation
1. In this Schedule—
“assessment” means an assessment as to sustainability, made in accordance with the Code for Sustainable Homes, using the rating system set out in that Code;
“Code Assessor” means a person trained and certified as such, pursuant to the terms of a contract entered into on 12th December 2006 between the Secretary of State and Building Research Establishment Limited(1) (together with affiliate companies);
“Code for Sustainable Homes” means the standards and processes for determining sustainability, set out in the document, “The Code for Sustainable Homes: Setting the Sustainability Standards for New Homes(2);”
“construction” and related words include any related demolition and any off-site activities relating to the construction or demolition;
“design stage assessment” means an assessment based on an inspection by a Code Assessor of the plans and specifications for the property;
“post-construction stage assessment” means an assessment based on a visit to the constructed property by a Code Assessor or to another representative property;
“sustainability” relates to the extent to which—
the materials used in the property;
other aspects of the design and construction of the property; and
any services, fittings and equipment provided in, or in connection with the property,
further the sustainable design principles; and
“the sustainable design principles” are any of the following principles—
ensuring the health, safety, welfare and convenience of persons in or about the property and of others who may be affected by the property or matters connected with it;
furthering the efficient management of the property and of its construction;
furthering energy efficiency;
furthering the efficient use of water and minimising flood risk;
furthering efficient waste management;
furthering the protection or enhancement of the environment; and
furthering the prevention or detection of crime.
Sustainability certificate
2.—(1) A sustainability certificate must—
(a)confirm that there has been a post-construction assessment of the property;
(b)contain a single star rating from a minimum of zero stars to a maximum of six stars, awarded by a Code Assessor as to the sustainability of the property under the Code for Sustainable Homes;
(c)contain an explanation of that rating;
(d)contain a certificate number;
(e)contain the date it is issued; and
(f)contain a percentage rating against categories relating to the sustainable design principles.
(2) A certificate prepared under this paragraph must be prepared by the Code Assessor based on his post-construction assessment of the property.
Interim sustainability certificate
3.—(1) An interim sustainability certificate must—
(a)confirm that there has been a design stage assessment of the designs for the property;
(b)contain a single star rating from a minimum of zero stars to a maximum of six stars, awarded by a Code Assessor as to the general sustainability of the plans and specifications for the property under the Code for Sustainable Homes;
(c)contain an explanation of that star rating;
(d)contain a certificate number;
(e)contain the date it is issued; and
(f)contain a percentage rating against categories relating to the sustainable design principles.
(2) A certificate prepared under this paragraph must be prepared by the Code Assessor based on a design stage assessment of the plans and specifications for the property.
Nil-rated certificate
4.—(1) A nil-rated certificate must be made in the form specified in the Code for Sustainable Homes, and must contain the matters specified in that form.
(2) A nil-rated certificate may be prepared by any person.”
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Published by the Department for Communities and Local Government, 27th February 2008, available at: www.communities.gov.uk/publications/planningandbuilding/codesustainabilitystandards.