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PART 6E+WEnergy Efficiency Requirements

Application of energy efficiency requirementsE+W

21.—(1) The energy efficiency requirements 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 to which paragraph (4) applies; and

(c)the carrying out of any work to or in connection with any such building or extension.

(2) A building falls within paragraph (1) if it—

(a)is a roofed construction having walls;

(b)uses energy to condition the indoor climate; and

(c)does not fall within one or more of the categories listed in paragraph (3).

(3) The categories referred to in paragraph (2)(c) are—

(a)buildings which are—

(i)listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 M1;

(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 M2,

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.

(4) This paragraph applies to any extension of a building falling within class 7 in Schedule 2 except a conservatory or porch—

(a)where any wall, door or window separating the conservatory or porch from that building has been removed and not replaced with a wall, door or window; F1F2...

(b)into which the building's heating system has been extended F3[F4to heat the conservatory or porch; or

(c)in which a fixed heating appliance has been provided to heat the conservatory or porch.]

(5) In this regulation, the following terms have the same meaning as in F5[F6European Parliament and Council Directive 2010/31/EU of 19 May 2010 on the energy performance of buildings (recast)] —

(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”.

Textual Amendments

F2Word in reg. 21(4)(a) omitted (W. but not in relation to excepted energy buildings) (31.7.2014) by virtue of The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 4(a) (with reg. 1(2))

F4Reg. 21(4)(c) and words inserted (W. but not in relation to excepted energy buildings) (31.7.2014) by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 4(b) (with regs. 1(2), 10)

F5Words in reg. 21(5) substituted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 12 (with reg. 1(2)(3))

F6Words in reg. 21(5) substituted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 14, Sch. 1 (with reg. 1(3)(4), 45-47)

Marginal Citations

M21979 c.46; section 1 was amended by Schedule 4 to the National Heritage Act 1983 (c.47).

Requirements relating to a change to energy statusE+W

22.  Where there is a change to a building's energy status, such work, if any, shall be carried out as is necessary to ensure that the building complies with the applicable requirements of Part L of Schedule 1.

F7[F8Requirements for the renovation or replacement of thermal elementsE+W

23.—(1) Where the renovation of an individual thermal element—

(a)constitutes a major renovation; or

(b)amounts to the renovation of more than 50% of the element’s surface area;

the renovation must be carried out so as to ensure that the whole of the element complies with paragraph L1(a)(i) of Schedule 1, in so far as that is technically, functionally and economically feasible.

(2) Where the whole or any part of an individual thermal element is proposed to be replaced and the replacement—

(a)constitutes a major renovation; or

(b)(in the case of part replacement) amounts to the replacement of more than 50% of the thermal element’s surface area;

the whole of the thermal element must be replaced so as to ensure that it complies with paragraph L1(a)(i) of Schedule 1, in so far as that is technically, functionally and economically feasible.]

Textual Amendments

F7Reg. 23 substituted (W. for remaining purposes) (19.4.2013 for specified purposes, 9.7.2013 in so far as not already in force) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 13 (with regs. 1(2)(3), 35, 36)

F8Reg. 23 substituted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013 for specified purposes, 9.7.2013 in so far as not already in force) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 15, Sch. 1 (with reg. 1(3)(4), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

Methodology of calculation and expression of energy performanceE+W

24.—(1) The Secretary of State shall approve—

(a)a methodology of calculation of the energy performance of buildings, including methods for calculating asset ratings and operational ratings of buildings; and

(b)ways in which the energy performance of buildings, as calculated in accordance with the methodology, shall be expressed.

(2) In this regulation—

“asset rating” means F9[F10an energy performance indicator determined from] the amount of energy estimated to meet the different needs associated with a standardised use of the building; and

F11[F12“operational rating” means an energy performance indicator determined from the amount of energy consumed during the occupation of a building over a period of time and the energy demand associated with a typical use of the building over that period.]

Textual Amendments

F10Words in reg. 24(2) substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(7)(a) (with reg. 1(3))

F12Words in reg. 24(2) substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(7)(b) (with reg. 1(3))

Minimum energy performance requirements for new buildingsE

[F1325.  Minimum energy performance requirements shall be approved by the Secretary of State, [F14calculated and expressed] in accordance with the methodology approved pursuant to regulation 24, for—

(a)new buildings (which shall include new dwellings), in the form of target CO2 emission rates; F15...

(b)new dwellings, in the form of target fabric energy efficiency rates] [F16; and

(c)new buildings in the form of target primary energy rates].

Extent Information

E1This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F13Reg. 25 substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) (No.2) Regulations 2013 (S.I. 2013/1959), regs. 1(5), 4 (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F14Words in reg. 25 inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(8) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Minimum energy performance requirements for new buildingsW

[F9025.  The Welsh Ministers shall approve minimum energy performance requirements for new buildings, in the form of target CO² emission rates, which shall be calculated and expressed in accordance with the methodology approved pursuant to regulation 24.]

Extent Information

E9This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F90Reg. 25 substituted (with corresponding changes to match the amendments previously made by S.I. 2012/3119, reg. 16, Sch. 1 and S.I. 2013/747, regs. 1(4), 14 but with a reference to "The Welsh Ministers" rather than to "The Secretary of State") (W. for remaining purposes) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 7(2) (with reg. 29)

F17[F18Consideration of high-efficiency alternative systems for new buildingsE

25A.—(1) Before construction of a new building starts, the person who is to carry out the work must analyse and take into account the technical, environmental and economic feasibility of using high-efficiency alternative systems (such as the following systems) in the construction, if available—

(a)decentralised energy supply systems based on energy from renewable sources;

(b)cogeneration;

(c)district or block heating or cooling, particularly where it is based entirely or partially on energy from renewable sources; and

(d)heat pumps.

[F19(2) The person carrying out the work must—

(a)where the new building is a higher-risk building, ensure the application for building control approval in relation to the work is accompanied by a notice which states that the analysis referred to in paragraph (1) has been undertaken, is documented, and the documentation is available to the regulator for verification purposes;

(b)in any other case, not later than the beginning of the day before the day on which the work starts, give the building control authority a notice which states that the analysis referred to in paragraph (1) has been undertaken, is documented, and the documentation is available to the authority for verification purposes; and

(c)ensure that a copy of the analysis is available for inspection at all reasonable times on request by an officer of the building control authority.]

(3) An authorised officer of the [F20building control authority] may require production of the documentation in order to verify that this regulation has been complied with.

[F21(3A) Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.]

(4) The analysis referred to in paragraph (1)—

(a)may be carried out for individual buildings or for groups of similar buildings or for common typologies of buildings in the same area; and

(b)in so far as it relates to collective heating and cooling systems, may be carried out for all buildings connected to the system in the same area.

(5) In this regulation—

(a)“cogeneration” means simultaneous generation in one process of thermal energy and one or both of the following—

(i)electrical energy;

(ii)mechanical energy;

(b)“district or block heating or cooling” means the distribution of thermal energy in the form of steam, hot water or chilled liquids, from a central source of production through a network of multiple buildings or sites, for the use of space or process heating or cooling;

(c)“energy from renewable sources” means energy from renewable non-fossil sources, namely wind, solar, aerothermal, geothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases; and

(d)“heat pump” means a machine, a device or installation that transfers heat from natural surroundings such as air, water or ground to buildings or industrial applications by reversing the natural flow of heat such that it flows from a lower to a higher temperature. (For reversible heat pumps, it may also move heat from the building to the natural surroundings.)]

Extent Information

E2This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F17Regs. 25A, 25B inserted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013 for specified purposes, 9.7.2013 for specified purposes, 1.1.2019 for specified purposes, 31.12.2020 in so far as not already in force) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 17, Sch. 1 (with regs. 1(3)(4), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

F18Regs. 25A, 25B inserted (W. for remaining purposes) (19.4.2013 for specified purposes, 9.7.2013 for specified purposes, 1.1.2019 for specified purposes, 31.12.2020 in so far as not already in force) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 15 (with regs. 1(2)(3), 35, 36)

Modifications etc. (not altering text)

[F91Consideration of high-efficiency alternative systems for new buildingsW

25A.—(1) Before construction of a new building starts, the person who is to carry out the work must analyse and take into account the technical, environmental and economic feasibility of using high-efficiency alternative systems (such as the following systems) in the construction, if available—

(a)decentralised energy supply systems based on energy from renewable sources;

(b)cogeneration;

(c)district or block heating or cooling, particularly where it is based entirely or partially on energy from renewable sources; and

(d)heat pumps.

(2) The person carrying out the work must—

(a)not later than the beginning of the day before the day on which the work starts, give the local authority a notice which states that the analysis referred to in paragraph (1)—

(i)has been undertaken;

(ii)is documented; and

(iii)the documentation is available to the authority for verification purposes; and

(b)ensure that a copy of the analysis is available for inspection at all reasonable times upon request by an officer of the local authority.

(3) An authorised officer of the local authority may require production of the documentation in order to verify that this regulation has been complied with.

(4) The analysis referred to in paragraph (1)—

(a)may be carried out for individual buildings or for groups of similar buildings or for common typologies of buildings in the same area; and

(b)in so far as it relates to collective heating and cooling systems, may be carried out for all buildings connected to the system in the same area.

(5) In this regulation—

(a)“cogeneration” means simultaneous generation in one process of thermal energy and one or both of the following—

(i)electrical energy;

(ii)mechanical energy;

(b)“district or block heating or cooling” means the distribution of thermal energy in the form of steam, hot water or chilled liquids, from a central source of production through a network of multiple buildings or sites, for the use of space or process heating or cooling;

(c)“energy from renewable sources” means energy from renewable non-fossil sources, namely wind, solar, aerothermal, geothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases; and

(d)“heat pump” means a machine, a device or installation that transfers heat from natural surroundings such as air, water or ground to buildings or industrial applications by reversing the natural flow of heat such that it flows from a lower to a higher temperature. (For reversible heat pumps, it may also move heat from the building to the natural surroundings.)]

Extent Information

E10This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F91Regs. 25A, 25B inserted (W. for remaining purposes) (19.4.2013 for specified purposes, 9.7.2013 for specified purposes, 1.1.2019 for specified purposes, 31.12.2020 in so far as not already in force) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 15 (with regs. 1(2)(3), 35, 36)

F17[F18Nearly zero-energy requirements for new buildingsE+W

F1725B.  Where a building is erected, it must be a nearly zero-energy building.]

Textual Amendments

F17Regs. 25A, 25B inserted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013 for specified purposes, 9.7.2013 for specified purposes, 1.1.2019 for specified purposes, 31.12.2020 in so far as not already in force) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 17, Sch. 1 (with regs. 1(3)(4), 45-47) (as amended by S.I. 2013/181, reg. 5, Sch.)

F18Regs. 25A, 25B inserted (W. for remaining purposes) (19.4.2013 for specified purposes, 9.7.2013 for specified purposes, 1.1.2019 for specified purposes, 31.12.2020 in so far as not already in force) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 15 (with regs. 1(2)(3), 35, 36)

F22[F23New buildings: minimum energy performance requirementsE+W

25C.  Minimum energy performance requirements F22[F24must] be approved by the Welsh Ministers, F22[F25calculated and expressed] in accordance with the methodology approved pursuant to regulation 24, for—

(a)new buildings F26..., in the form of target primary energy F27... rates; and

(b)[F28when a dwelling is erected], in the form of target fabric performance values.]

Textual Amendments

F22Reg. 25C inserted (with corresponding changes to match the amendments previously made by S.I. 2014/110, reg. 5 and S.I. 2016/611, reg. 2(9)) (with reg. 1(3))(W. for remaining purposes) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 7(3) (with reg. 29)

F23Reg. 25C inserted (W. but not in relation to excepted energy buildings) (31.7.2014) by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 5 (with reg. 1(2))

F24Word in reg. 25C substituted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(9)(a) (with reg. 1(3))

F25Words in reg. 25C inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(9)(b) (with reg. 1(3))

[F29Energy efficiency ratingE+W

25D.  Energy efficiency ratings must be approved by the Welsh Ministers, applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24 for new buildings.]

Textual Amendments

CO2 emission rates for new buildingsE+W

26.  Where a building is erected, it shall not exceed the target CO2 emission rate for the building that has been approved pursuant to regulation 25 F30[F31, applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24].

Textual Amendments

F31Words in reg. 26 inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(9) (with reg. 1(3))

[F32Fabric energy efficiency rates]E

[F3326A.  Where a dwelling is erected, it shall not exceed the target fabric energy efficiency rate for the dwelling [F34that has been approved pursuant to regulation 25, applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24].]

Extent Information

E3This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F32Reg. 26A heading inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(10)(a) (with reg. 1(3))

F33Reg. 26A inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) (No.2) Regulations 2013 (S.I. 2013/1959), regs. 1(5), 5 (with regs. 1(3), 9)

F34Words in reg. 26A substituted (E., but only in relation to excepted energy buildings in W.) ((6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(10)(b) (with reg. 1(3))

[F92Primary energy F93... rates for new buildings W

26A.  Where a building F94... is erected, it must not exceed the target primary energy F95... rate for the building which has been approved pursuant to regulation 25C(a), applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24.]

Extent Information

E11This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F92Reg. 26A (as previously amended by S.I. 2014/110, regs. 1(3), 6 and S.I. 2016/611, regs. 1(4), 2(11)) substituted (W. for remaining purposes) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 7(4) (with reg. 29)

F93Word in reg. 26A heading omitted (W.) (23.11.2022) by virtue of The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 8(a) (with reg. 21)

F35[F36Fabric performance values for new dwellingsE+W

26B.  Where a dwelling is erected, it must not exceed the target fabric performance values for the dwelling which have been approved pursuant to regulation 25C(b) F35[F37, applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24].]

Textual Amendments

F35Reg. 26B inserted (with corresponding changes to match the amendments previously made by S.I. 2014/110, reg. 6 and S.I. 2016/611, reg. 2(12)) (W. for remaining purposes) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 7(5) (with reg. 29)

F36Regs. 26A, 26B inserted (W. but not in relation to excepted energy buildings) (31.7.2014) by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 6 (with regs. 1(2), 10)

F37Words in reg. 26B inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(12) (with reg. 1(3))

[F38Target primary energy rates for new buildingsE

26C.  Where a building is erected it must not exceed the target primary energy rate for the building which has been approved pursuant to regulation 25(c), applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24.]

Extent Information

E4This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

[F96Minimum energy efficiency ratingW

26C.  Where a dwelling is erected, it must equal or exceed the energy efficiency rating for the dwelling which has been approved pursuant to regulation 25D applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24 for new buildings.]

Extent Information

E12This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

CO2 emission rate calculationsE

27.—(1) This regulation applies where a building is erected and regulation 26 applies.

[F39(2) The person carrying out the work must—

(a)where the new building is a higher-risk building, ensure the application for building control approval in relation to the work is accompanied by a notice which specifies—

(i)the target CO2 emission rate for the building, calculated and expressed in accordance with the methodology approved pursuant to regulation 24,

(ii)the CO2 emission rate for the building as designed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24, and

(iii)a list of specifications to which the building is to be constructed;

(b)in any other case, not later than the day before the work starts, give the building control authority a notice which specifies the matters set out in paragraphs (i) to (iii) of sub-paragraph (a).

(3) The person carrying out the work must—

(a)where the new building is a higher-risk building, ensure the application for a completion certificate in relation to the work is accompanied by—

(i)a notice which specifies—

(aa)the target CO2 emission rate for the building, calculated and expressed in accordance with the methodology approved pursuant to regulation 24,

(bb)the CO2 emission rate for the building as constructed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24, and

(cc)whether the building has been constructed in accordance with the list of specifications referred to in paragraph (2), and, if not, a list of any changes to those specifications; or

(ii)a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraphs (aa) to (cc) of paragraph (i);

(b)in any other case, not later than five days after the work has been completed, give the building control authority a notice which specifies the matters mentioned in sub-paragraphs (aa) to (cc) of sub-paragraph (a)(i) or a certificate of the sort mentioned in sub-paragraph (a)(ii).]

(4) A [F40building control authority] are authorised to accept, as evidence that the requirements of regulation 26 have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce F41[F42energy performance certificates] for that category of building.

[F43(4A) Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice or certificate it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.]

(5) In this regulation, “specifications” means specifications used for the calculation of the CO2 emission rate.

Extent Information

E5This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F42Words in reg. 27(4) substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(11)(e) (with reg. 1(3))

Modifications etc. (not altering text)

C2Reg. 27 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1) (as amended (8.6.2018) by S.I. 2018/558, regs. 1(2), 21 (with reg. 29))

CO2 emission rate calculationsW

27.—(1) This regulation applies where a building is erected and regulation 26 applies.

(2) Not later than the day before the work starts, the person carrying out the work shall give the local authority a notice which specifies—

(a)the target CO2 emission rate for the building [F97, calculated and expressed in accordance with the methodology approved pursuant to regulation 24],

(b)the ... CO2 emission rate for the building as designed [F98, calculated and expressed in accordance with the methodology approved pursuant to regulation 24], and

(c)a list of specifications to which the building is to be constructed.

(3) Not later than five days after the work has been completed, the person carrying out the work shall give the local authority—

(a)a notice which specifies—

(i)the target CO2 emission rate for the building [F99, calculated and expressed in accordance with the methodology approved pursuant to regulation 24],

(ii)the ... CO2 emission rate for the building as constructed [F100, calculated and expressed in accordance with the methodology approved pursuant to regulation 24], and

(iii)whether the building has been constructed in accordance with the list of specifications referred to in paragraph (2)(c), and if not a list of any changes to those specifications; or

(b)a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraph (a).

(4) A local authority are authorised to accept, as evidence that the requirements of regulation 26 have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce [F101energy performance certificates] for that category of building.

(5) In this regulation, “specifications” means specifications used for the calculation of the CO2 emission rate.

Extent Information

E13This version of this provision applies Wales to only; a separate version has been created for England only

Textual Amendments

F97Words in reg. 27(2)(a) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(11)(a) (with reg. 1(3))

F98Words in reg. 27(2)(b) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(11)(b) (with reg. 1(3))

F99Words in reg. 27(3)(a)(i) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(11)(c) (with reg. 1(3))

F100Words in reg. 27(3)(a)(ii) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(11)(d) (with reg. 1(3))

F101Words in reg. 27(4) substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(11)(e) (with reg. 1(3))

[F44Fabric energy efficiency rate calculationsE

27A.—(1) This regulation applies where a dwelling is erected and regulation 26A applies.

[F45(2) The person carrying out the work must—

(a)where the dwelling is within a higher-risk building, ensure the application for building control approval in relation to the work is accompanied by a notice which specifies—

(i)the target fabric energy efficiency rate for the dwelling, calculated and expressed in accordance with the methodology approved pursuant to regulation 24,

(ii)the fabric energy efficiency rate for the dwelling as designed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24, and

(iii)a list of specifications to which the dwelling is to be constructed;

(b)in any other case, not later than the day before the work starts, give the building control authority a notice which specifies the matters set out in paragraphs (i) to (iii) of sub-paragraph (a).

(3) The person carrying out the work must—

(a)where the dwelling is within a higher-risk building, ensure the application for a completion certificate in relation to the work is accompanied by—

(i)a notice which specifies—

(aa)the target fabric energy efficiency rate for the dwelling, calculated and expressed in accordance with the methodology approved pursuant to regulation 24,

(bb)the fabric energy efficiency rate for the dwelling as constructed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24, and

(cc)whether the dwelling has been constructed in accordance with the list of specifications referred to in paragraph (2), and, if not, a list of any changes to those specifications; or

(ii)a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraphs (aa) to (cc) of paragraph (i);

(b)in any other case, not later than five days after the work has been completed, give the building control authority a notice which specifies the matters mentioned in sub-paragraphs (aa) to (cc) of sub-paragraph (a)(i) or a certificate of the sort mentioned in sub-paragraph (a)(ii).]

(4) A [F46building control authority] is authorised to accept, as evidence that the requirements of regulation 26A have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce [F47energy performance certificates] for that category of building.

[F48(4A) Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice or certificate it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.]

(5) In this Regulation, “specifications” means specifications used for the calculation of the fabric energy efficiency rate.]

Extent Information

E6This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F44Reg. 27A inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) (No.2) Regulations 2013 (S.I. 2013/1959), regs. 1(5), 6 (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F47Words in reg. 27A(4) substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(12)(e) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

Modifications etc. (not altering text)

[F50Primary energy ... rate calculationsW

27A.—(1) This regulation applies where a building F102... is erected and regulation 26A applies.

(2) Not later than the day before the work starts, the person carrying out the work must give the local authority a notice which specifies—

(a)the target primary energy F103... rate for the building [F104, calculated and expressed in accordance with the methodology approved pursuant to regulation 24];

(b)the F105... primary energy F106... rate for the building as designed [F107, calculated and expressed in accordance with the methodology approved pursuant to regulation 24]; and

(c)a list of specifications to which the building is to be constructed.

(3) Not later than five days after the work has been completed, the person carrying out the work must give the local authority—

(a)a notice which specifies—

(i)the target primary energy F108... rate for the building [F109, calculated and expressed in accordance with the methodology approved pursuant to regulation 24];

(ii)the F110... primary energy F111... rate for the building as constructed [F112, calculated and expressed in accordance with the methodology approved pursuant to regulation 24]; and

(iii)whether the building has been constructed in accordance with the list of specifications referred to in paragraph 2(c), and if not a list of any changes to those specifications; or

(b)a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraph (a).

(4) A local authority is authorised to accept, as evidence that the requirements of regulation 26A have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce [F113energy performance certificates] for that category of building.

(5) In this regulation, “specifications” means specifications used for the calculation of the primary energy F114... rate.]

Extent Information

E14This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F50Regs. 27A, 27B inserted (W. but not in relation to excepted energy buildings) (31.7.2014) by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 7 (with reg. 1(2))

F104Words in reg. 27A(2)(a) inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(14)(a) (with reg. 1(3))

F105Word in reg. 27A(2)(b) omitted (W. but not in relation to excepted energy buildings) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(14)(b) (with reg. 1(3))

F107Words in reg. 27A(2)(b) inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(14)(b) (with reg. 1(3))

F109Words in reg. 27A(3)(a)(i) inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(14)(c) (with reg. 1(3))

F110Word in reg. 27A(3)(a)(ii) omitted (W. but not in relation to excepted energy buildings) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(14)(d) (with reg. 1(3))

F112Words in reg. 27A(3)(a)(ii) inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(14)(d) (with reg. 1(3))

F113Words in reg. 27A(4) substituted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(14)(e) (with reg. 1(3))

F49[F50Fabric performance values calculationsE+W

27B.—(1) This regulation applies where a dwelling is erected and regulation 26B applies.

(2) Not later than the day before the work starts, the person carrying out the work must give the local authority a notice which specifies—

(a)the target fabric performance values for the dwelling F49[F51, calculated and expressed in accordance with the methodology approved pursuant to regulation 24];

(b)the F49F52... fabric performance values for the dwelling as designed F49[F53, calculated and expressed in accordance with the methodology approved pursuant to regulation 24]; and

(c)a list of specifications to which the dwelling is to be constructed.

(3) Not later than five days after the work has been completed, the person carrying out the work must give the local authority—

(a)a notice which specifies—

(i)the target fabric performance values for the dwelling F49[F54, calculated and expressed in accordance with the methodology approved pursuant to regulation 24];

(ii)the F49F55... fabric performance values for the dwelling as constructed F49[F56, calculated and expressed in accordance with the methodology approved pursuant to regulation 24]; and

(iii)whether the dwelling has been constructed in accordance with the list of specifications referred to in paragraph 2(c), and if not a list of any changes to those specifications; or

(b)a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraph (a).

(4) A local authority is authorised to accept, as evidence that the requirements of regulation 26B have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce F49[F57energy performance certificates] for that category of building.

(5) In this regulation, “specifications” means specifications used for the calculation of the fabric performance values.]

Textual Amendments

F50Regs. 27A, 27B inserted (W. but not in relation to excepted energy buildings) (31.7.2014) by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 7 (with reg. 1(2))

F51Words in reg. 27B(2)(a) inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(15)(a) (with reg. 1(3))

F52Word in reg. 27B(2)(b) omitted (W. but not in relation to excepted energy buildings) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(15)(b) (with reg. 1(3))

F53Words in reg. 27B(2)(b) inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(15)(b) (with reg. 1(3))

F54Words in reg. 27B(3)(a)(i) inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(15)(c) (with reg. 1(3))

F55Word in reg. 27B(3)(a)(ii) omitted (W. but not in relation to excepted energy buildings) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(15)(d) (with reg. 1(3))

F56Words in reg. 27B(3)(a)(ii) inserted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(15)(d) (with reg. 1(3))

F57Words in reg. 27B(4) substituted (W. but not in relation to excepted energy buildings) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(15)(e) (with reg. 1(3))

Modifications etc. (not altering text)

C5Reg. 27B(3) applied (with modifications) (31.7.2014) by S.I. 2010/2215, reg. 20(2B) (as inserted by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 13(c) (with reg. 1(2)))

C6Reg. 27B(3) applied (with modifications) (8.6.2018) by S.I. 2010/2215, reg. 20(2B) (as inserted by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 21(b)(iv) (with reg. 29))

[F58Target primary energy rate calculations for new buildings E

27C.—(1) This regulation applies where a building is erected.

[F59(2) The person carrying out the work must—

(a)where the new building is a higher-risk building, ensure the application for building control approval in relation to the work is accompanied by a notice which specifies—

(i)the target primary energy rate for the building, calculated and expressed in accordance with the methodology approved pursuant to regulation 24,

(ii)the calculated target primary energy rate for the building as designed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24, and

(iii)a list of specifications to which the building is to be constructed;

(b)in any other case, not later than the day before the work starts, give the building control authority a notice which specifies the matters set out in paragraphs (i) to (iii) of sub-paragraph (a).

(3) The person carrying out the work must—

(a)where the new building is a higher-risk building, ensure the application for a completion certificate in relation to the work is accompanied by—

(i)a notice which specifies—

(aa)the target primary energy rate for the building, calculated and expressed in accordance with the methodology approved pursuant to regulation 24,

(bb)the calculated target primary energy rate for the building as constructed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24, and

(cc)whether the building has been constructed in accordance with the list of specifications referred to in paragraph (2), and, if not, a list of any changes to those specifications; or

(ii)a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraphs (aa) to (cc) of paragraph (i);

(b)in any other case, not later than five days after the work has been completed, give the building control authority a notice which specifies the matters mentioned in sub-paragraphs (aa) to (cc) of sub-paragraph (a)(i) or a certificate of the sort mentioned in sub-paragraph (a)(ii).]

(4) A [F60building control authority] is authorised to accept, as evidence that the requirements of regulation 26C have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce energy performance certificates for that category of building.

[F61(4A) Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice or certificate it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.]

(5) In this regulation, “specifications” means specifications used for the calculation of the target primary energy rate.]

Extent Information

E7This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

Modifications etc. (not altering text)

[F115Energy efficiency rating calculationsW

27C.—(1) This regulation applies where a dwelling is erected and regulation 26C applies.

(2) Not later than the day before the work starts, the person carrying out the work must give the local authority a notice which specifies—

(a)the energy efficiency rating for the dwelling as designed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24, and

(b)a list of specifications to which the dwelling is to be constructed.

(3) Not later than five days after the work has been completed, the person carrying out the work must give the local authority—

(a)a notice which specifies—

(i)the target energy efficiency rating for the building, calculated and expressed in accordance with the methodology approved pursuant to regulation 24,

(ii)the energy efficiency rating of the building as constructed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24, and

(iii)whether the building has been constructed in accordance with the list of specifications referred to in paragraph (2)(b), and if not, a list of any changes to those specifications, or

(b)a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraph (a).

(4) A local authority is authorised to accept as evidence that the requirements of regulation 26C have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce energy performance certificates for that category of building.]

Extent Information

E15This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

Consequential improvements to energy performanceE

28.—(1) Paragraph (2) applies to an existing building with a total useful floor area over 1,000m2 where the proposed building work consists of or includes—

(a)an extension;

(b)the initial provision of any fixed building services; or

(c)an increase to the installed capacity of any fixed building services.

(2) Subject to paragraph (3), where this paragraph applies, such work, if any, shall be carried out as is necessary to ensure that the building complies with the requirements of Part L of Schedule 1.

(3) Nothing in paragraph (2) requires work to be carried out if it is not technically, functionally and economically feasible.

Extent Information

E8This version of this provision applies to England only; a separate version has been created for Wales only

Consequential improvements to energy performanceW

F116[F11728.—(1) Paragraph (3) applies to an existing building with a total useful floor area over 1000m2 where the proposed building work consists of or includes—

(a)the initial provision of any fixed building services; or

(b)an increase to the installed capacity of any fixed building services.

(2) Paragraph (3) applies to an existing building where the proposed building work consists of or includes—

(a)an extension; or

(b)the extension of the building’s heating system or the provision of a fixed heating appliance, to heat a previously unheated space.

(3) Subject to paragraph (4), where this paragraph applies, such work, if any, shall be carried out as is necessary to ensure that the building complies with the requirements of Part L of Schedule 1.

(4) Nothing in paragraph (3) requires work to be carried out if it is not technically, functionally and economically feasible.]

Extent Information

E16This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F117Reg. 28 substituted (W. but not in relation to excepted energy buildings) (31.7.2014) by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 8 (with regs. 1(2), 10)

Energy performance certificatesE+W

F62F6329.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F62Reg. 29 omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(13) (with reg. 1(3))

Recommendation reportsE+W

F64F6529A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F64Regs. 29A-33 omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(14) (with reg. 1(3))

Energy assessorsE+W

F64F6530.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F64Regs. 29A-33 omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(14) (with reg. 1(3))

Related party disclosuresE+W

F64F6531.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F64Regs. 29A-33 omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(14) (with reg. 1(3))

Duty of careE+W

F64F6532.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F64Regs. 29A-33 omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(14) (with reg. 1(3))

Right to copy documentsE+W

F64F6533.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F64Regs. 29A-33 omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(14) (with reg. 1(3))

[F66Application of building regulations to educational buildings, buildings of statutory undertakers and Crown BuildingsE+W

34.—(1) Regulations [F6711(3),] 21, 23(1)(a), F68[F6925] [F6825(a)], 25A, 25B, 26 F70F71... and 35(1) apply (in so far as applicable by virtue of regulation 21) to—

(a)educational buildings and buildings of statutory undertakers (notwithstanding section 4(1) of the Act);

(b)Crown buildings; and

(c)building work carried out or proposed to be carried out by Crown authorities.

(2) In this regulation “educational buildings and buildings of statutory undertakers” means buildings which fall within paragraphs (a), (b) or (c) of section 4(1) of the Act.]

Textual Amendments

F67Word in reg. 34(1) inserted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (3.6.2013) by The Building (Amendment) Regulations 2013 (S.I. 2013/1105), regs. 1(2), 3(3) (with reg. 1(3)(4))

F68Word "25(a)" in reg. 34 substituted for “25” (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) (No.2) Regulations 2013 (S.I. 2013/1959), regs. 1(5), 7 (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F69Word “25” in reg. 34 substituted for "25(a)" (W. in relation to excepted energy buildings) (8.6.2018) by The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 7(9) (with reg. 29)

F70Words in reg. 34(1) omitted (W. for remaining purposes) (17.6.2016) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(18) (with reg. 1(3))

F71Words in reg. 34(1) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(15) (with reg. 1(3))

Interpretation of Part 6E+W

35.—(1) In this Part—

“building” means the building as a whole or parts of it that have been designed or altered to be used separately;

F72[F73“building envelope” in relation to a building means the walls, floor, roof, windows, doors, roof windows and roof-lights;

“Crown authority” means the Crown Estate Commissioners, a Minister of the Crown, a government department, any other person or body whose functions are performed on behalf of the Crown (not being a person whose functions are performed on behalf of Her Majesty in her private capacity), or a person acting in right of the Duchy of Lancaster or the Duchy of Cornwall;

“Crown interest” means an interest belonging to Her Majesty in right of the Crown, or belonging to a Government Department, or held in trust for Her Majesty for the purposes of a government department;

“Crown building” means a building in which there is a Crown interest or a Duchy interest;

“Duchy interest” means an interest belonging to her Majesty in right of the Duchy of Lancaster, or belonging to the Duchy of Cornwall;]

“energy assessor” means an individual who is a member of an accreditation scheme approved by the Secretary of State in accordance with F74[F75regulation 22 (accreditation schemes) of the Energy Performance of Buildings (England and Wales) Regulations 2012]; F76F77...

F78[F79“energy performance certificate” means a certificate which complies with the requirements of regulation 9 (energy performance certificates) or 9A (energy performance certificates in respect of excluded buildings) of the Energy Performance of Buildings (England and Wales) Regulations 2012;”;

“energy performance of a building” means the calculated or measured amount of energy needed to meet the energy demand associated with a typical use of the building, which includes, inter alia, energy used for heating, cooling, ventilation, hot water and lighting;]

F80[F81“fabric energy efficiency” means the space heating and cooling requirements per square metre of floor area of a new dwelling;]

F82[F83“major renovation” means the renovation of a building where more than 25% of the surface area of the building envelope undergoes renovation; F84...

“nearly zero-energy building” means a building that has a very high energy performance, as determined in accordance with a methodology approved under regulation 24, 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];

F80[F85“new dwelling” does not include a dwelling that is formed by a material change of use of a building].

F86F87...

F88F89(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F72Words in reg. 35(1) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 20(a) (with reg. 1(2)(3))

F73Words in reg. 35(1) inserted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 23(a), Sch. 1 (with reg. 1(3)(4), 45-47)

F75Words in reg. 35(1) substituted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(16)(a)(i) (with reg. 1(3))

F76Word in reg. 35(1) omitted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 23(b)(i), Sch. 1 (with reg. 1(3)(4), 45-47)

F77Word in reg. 35(1) omitted (W. for remaining purposes) (19.4.2013) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 20(b)(i) (with reg. 1(2)(3))

F79Words in reg. 35(1) inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(16)(a)(ii) (with reg. 1(3))

F80Definitions of “fabric energy efficiency” and “new dwelling” in reg. 35 omitted (W. in relation to excepted energy buildings) (8.6.2018) by virtue of The Building Regulations &c. (Amendment) (Excepted Energy Buildings) (Wales) Regulations 2018 (S.I. 2018/558), regs. 1(2), 7(10) (with reg. 29)

F81Words in reg. 35 inserted (E., but only in relation to excepted energy buildings in W.) (6.4.2014) by The Building Regulations &c. (Amendment) (No.2) Regulations 2013 (S.I. 2013/1959), regs. 1(5), 8 (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F82Words in reg. 35(1) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 20(b)(ii) (with reg. 1(2)(3))

F83Words in reg. 35(1) inserted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 23(b)(ii), Sch. 1 (with reg. 1(3)(4), 45-47)

F84Word in reg. 35 omitted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by virtue of The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(7)(a) (with reg. 1(3))

F85Words in reg. 35 inserted (E., but only in relation to excepted energy buildings in W.) (1.10.2015) by The Building Regulations &c. (Amendment) Regulations 2015 (S.I. 2015/767), regs. 1(4)(b), 2(7)(b) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F86Words in reg. 35(1) omitted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 23(c), Sch. 1 (with reg. 1(3)(4), 45-47)

F87Words in reg. 35(1) omitted (W. for remaining purposes) (19.4.2013) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 20(b)(iii) (with reg. 1(2)(3))

F88Reg. 35(2) omitted (E., but only in relation to excepted energy buildings in W.) (6.4.2016) by virtue of The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 2(16)(b) (with reg. 1(3))