2. The Building Regulations 2010 M1 (“the 2010 Regulations”) are amended as set out in regulations 3 to 32.
Marginal Citations
M1S.I. 2010/2214 as amended by S.I. 2011/1515 and S.I. 2012/718.
3. In regulation 2(1) M2—
(a)in the definition of “energy efficiency requirements”, after “23”, insert “ 25A, 25B ”;
(b)after the definition of “energy efficiency requirements” insert—
““energy performance certificate” means a certificate which complies with the requirements of regulation 29 of these Regulations;”
(c)for the definition of “fixed building services” substitute—
““fixed building services” means any part of, or any controls associated with—
fixed internal or external lighting systems (but not including emergency escape lighting or specialist process lighting);
fixed systems for heating, hot water, air conditioning or mechanical ventilation; or
any combination of systems of the kinds referred to in paragraph (a) or (b);”.
Marginal Citations
M2Amended by S.I. 2011/1515 and S.I. 2012/718. The amendments are not relevant to these Regulations.
4. In regulation 8, omit “N”.
5. In regulation 9(3)(a), after “greenhouse” insert “ used for domestic purposes ”.
6. In regulation 12—
(a)after paragraph (6) insert—
“(6A) A person intending to carry out building work in relation to which Part P of Schedule 1 imposes a requirement is required to give a building notice or deposit full plans where the work consists of—
(a)the installation of a new circuit;
(b)the replacement of a consumer unit; or
(c)any addition or alteration to existing circuits in a special location.”; and
(b)in paragraph (9)—
(i)after the definition of “fronting”, omit “and”; and
(ii)after the definition of “private street”, omit “.” and insert—
“; and
“special location” means—
within a room containing a bath or shower, the space surrounding a bath tap or shower head, where the space extends—
vertically from the finished floor level to—
a height of 2.25 metres; or
the position of the shower head where it is attached to a wall or ceiling at a point higher than 2.25 metres from that level; and
horizontally—
where there is a bath tub or shower tray, from the edge of the bath tub or shower tray to a distance of 0.6 metres; or
where there is no bath tub or shower tray, from the centre point of the shower head where it is attached to the wall or ceiling to a distance of 1.2 metres; or
a room containing a swimming pool or sauna heater.”.
7. In regulation 14, omit paragraph (5).
8. In regulation 15(2)(b), for “pursuant to a request under regulation 14(5)” substitute “ or 17A ”.
9. Regulation 16 is amended as follows—
(a)omit paragraphs (2) and (3), and substitute—
“(2) Subject to paragraph (8), a person carrying out building work must notify the local authority as required by the authority in accordance with paragraph (3).
(3) Subject to the conditions in paragraphs (3A) and (3B), where a local authority receives notice of intention to commence building work under paragraph (1) they may give the person carrying out the work a notice in writing which—
(a)requires that person to notify the authority that a specified stage of the work (other than a stage specified in paragraphs (4) and (5)) has been reached; and
(b)may specify one or more periods of time, applying to each such required notification, which may be either or both of the following—
(i)a period before or after the work has been carried out within which the notification must be made; and
(ii)a period during which the work concerned must not be covered up.
(3A) A local authority may only specify a stage of the building work in accordance with paragraph (3)(a) if at the time they do so they intend to carry out an inspection of that stage.
(3B) For the purposes of paragraph (3A) the local authority's intention to carry out an inspection of a stage of building work must be based on their assessment of the risk of breach of these Regulations if they do not inspect the work..”;
(b)in paragraph (5), after the words “where a building is being erected”, add “ to which the Regulatory Reform (Fire Safety) Order 2005 M3 applies, or will apply after the completion of the work ”; and
(c)in paragraph (6), for “to (3)” substitute “ or (2) ”.
10. Regulation 17 is amended as follows—
(a)for paragraphs (1) to (3) substitute—
“(1) A local authority shall within the specified period give a completion certificate in all cases (including a case where a certificate has already been given under regulation 17A) where they are satisfied, after taking all reasonable steps, that, following completion of building work carried out on it, a building complies with the relevant provisions.
(2) The specified period referred to in paragraph (1) is eight weeks starting from the date on which the person carrying out the building work notifies the local authority that the work has been completed.
(2A) The relevant provisions referred to in paragraph (1) are any applicable requirements of the following provisions—
(a)regulation 25A (high-efficiency alternative systems for new buildings),
(b)regulation 26 (target CO² emission rates for new buildings),
(c)regulation 29 (energy performance certificates),
(d)regulation 36 (water efficiency of new dwellings),
(e)regulation 38 (fire safety information), and
(f)Schedule 1.”; and
(b)after paragraph (4), insert—
“(5) The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph(4).”
11. After the end of regulation 17, insert—
17A.—(1) A local authority shall within the specified period give a completion certificate in respect of part or all of a building where building work is being carried out and where all of the following circumstances apply—
(a)part or all of the building is to be occupied before the work is completed;
(b)the building is subject to the Regulatory Reform (Fire Safety) Order 2005; and
(c)the authority is satisfied, after taking all reasonable steps, that, regardless of completion of the current building work, those parts of the building which are to be occupied before completion of the work currently comply with regulation 38 and Part B of Schedule 1.
(2) The specified period referred to in paragraph (1) is four weeks starting from the date that notice is received by the local authority in accordance with regulation 16(5).
(3) A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with, and the certificate shall contain this wording.
(4) The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (3)”.
12. In regulation 19(1), after “17 (completion certificates)” insert “ 17A (Certificate for building occupied before work is completed) ”.
13. Regulation 20 is amended as follows—
(a)after the end of paragraph (3)(b)(ii) insert—
“(3A) A local authority shall store in a retrievable form copies of the notices and certificates given to it in accordance with paragraph (3)(b).
(3B) If the whole or part of the work was paid for using a green deal plan, the person carrying out the work must include—
(a)in the certificate referred to in paragraph (2); and
(b)in the notice given to the local authority referred to in paragraph (3)(b)(i),
a statement to that effect.
(3C) Such a statement that relates to a part of the work must specify which part was paid for using the green deal plan.
(3D) In this regulation, “green deal plan” has the meaning given in section 1 of the Energy Act 2011. ”M4
(b)after the end of paragraph (4) insert—
“(5) A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with, and the certificate shall contain this wording.
(6) The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (5).”.
14. In regulation 21(5) for “European Parliament and Council Directive 2002/91/EC of 16 December 2002 on the energy performance of buildings” substitute “ European Parliament and Council Directive 2010/31/EU of 19 May 2010 on the energy performance of buildings (recast) ”.
15. For regulation 23 (and the heading before it) substitute—
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.”.
16. In regulation 25 for “based upon” substitute “ set in accordance with ”.
17. After regulation 25 ((minimum energy performance requirements for new buildings), insert—
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.)
25B. Where a building is erected, it must be a nearly zero-energy building.”.
18. In regulation 29 M5—
(a)in paragraph 4(c), for “that category of building”, substitute “ the category of building to which the certificate relates ”;
(b)at the end of paragraph (4)(c)—
(i)omit “and”; and
(ii)insert—
“(cc)include a recommendation report M6 unless there is no reasonable potential for energy performance improvements (in terms of the applicable energy efficiency requirements);
(cd)be valid in accordance with paragraph (9); and”;
(c)for paragraph (4)(d)(i), substitute—
“the reference number under which the set of data from which the certificate may be produced has been entered onto the register in accordance with regulation 30(4);”;
(d)omit paragraph (5); and
(e)after paragraph (7) insert—
“(8) Certification for a building which consists of a single dwelling may be based on the assessment of another representative building of similar design and size with a similar actual energy performance quality, provided such correspondence is guaranteed by the energy assessor issuing the energy performance certificate.
(9) An energy performance certificate is only valid if—
(a)it was entered on the register no more than 10 years before the date on which it is made available; and
(b)no other energy performance certificate for the building has since been entered on the register.
(10) An energy performance certificate must not contain any information or data (except for the address of the building) from which a living individual (other than the energy assessor or his employer) can be identified.”.
Marginal Citations
M5Amended by S.I. 2012/809. The amendments are not relevant to these Regulations.
M6“Recommendation report” is defined in regulation 29A.
19. After regulation 29 (energy performance certificates) insert—
29A.—(1) In these Regulations a “recommendation report” means recommendations made by an energy assessor for the cost-effective improvement of the energy performance of a building.
(2) A recommendation report must include—
(a)recommended cost-effective measures that could be carried out in connection with a major renovation of the building envelope or fixed building services;
(b)recommended cost-effective measures for individual building elements that could be carried out without the necessity for a major renovation of the building envelope or fixed building services;
(c)an indication as to how the owner or tenant can obtain more detailed information about improving the energy efficiency of the building, including more detailed information about the cost-effectiveness of the recommendations; and
(d)information on the steps to be taken to implement the recommendations.
(3) Any cost-effective measure which the energy assessor recommends must be technically feasible for the building to which the recommendation report relates.
(4) In this regulation “building element” means a controlled service or fitting or a thermal element of the building envelope.”.
20. In regulation 30—
(a)for paragraph (3)(g), substitute—
“for requiring the sets of data from which may be produced energy performance certificates and recommendation reports prepared by members of the scheme to be entered onto the relevant register referred to in paragraph (4);” and
(b)in paragraph (4) M7 for “regulation 31 of the Energy Performance of Buildings (Certificates and Inspections)(England and Wales) Regulations 2007 M8” substitute “ regulation 27 of the Energy Performance of Buildings (England and Wales) Regulations 2012 M9 ”.
Marginal Citations
M7Amended by S.I. 2012/809.
M8S.I. 2007/991. Those Regulations were amended by S.I. 2007/1669, S.I. 2007/3302, S.I. 2008/647, S.I. 2008/2363, S.I. 2009/1900, S.I. 2010/2214 and S.1. 2011/2452 and consolidated by the Energy Performance of Buildings (England and Wales) Regulations 2012 (which comes into force on the same day as some of these regulations) (S.I. 2012/3118).
21. In regulation 33 for “the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007” substitute “ the Energy Performance of Buildings (England and Wales) Regulations 2012 ”.
22. For regulation 34 (and the preceding heading), substitute—
34.—(1) Regulations 23(1)(a), 25A, 25B, 26, 29 (apart from regulation 29(10)), 29A 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, a reference to “educational buildings and buildings of statutory undertakers” means buildings which fall within paragraphs (a), (b) or (c) of section 4(1) of the Act.”.
23. In regulation 35(1)—
(a)after the definition of “building” insert—
““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;”M10;
(b)after the definition of “energy assessor”—
(i)omit “and”; and
(ii)insert—
““major renovation” means the renovation of a building where more than 25% of the surface area of the building envelope undergoes renovation; 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 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.”; and
(c)omit the definition of “recommendation report”.
Marginal Citations
M10This and the preceding three definitions are derived from section 44 of the Buildings Act 1984, which is yet to be appointed.
24. In regulation 43(4), after “British Institute of Non-destructive Testing” insert “ or the Air Tightness Testing and Measurement Association ”M11 .
Marginal Citations
M11A company formed and registered under the Companies Act (defined in section 2 of the Companies Act 2006 (c.46) with the registration number 7885199.
25. For regulation 47 substitute—
“47. The following regulations are designated as provisions to which section 35 of the Act (penalty for contravening building regulations) does not apply—
(a)regulations 17, 17A, 25A, 27, 29, 37, 41, 42, 43 and 44; and
(b)regulations 23, 25B and 26, in so far as these Regulations apply to Crown buildings or to building work carried out or proposed to be carried out by Crown authorities.”.
26. In regulation 48(1)—
(a)in sub-paragraph (d) after “regulation 17” insert “ or regulation 17A ”;
(b)after sub-paragraph (g) insert—
“(ga)a notice under regulation 25A;”.
27. In Schedule 1 to the 2010 Regulations—
(a)for Part K (protection from falling, collision and impact), substitute Part K set out in Schedule 2 to these Regulations; and
(b)omit Part N (Glazing-safety in relation to impact, opening and cleaning).
28. In Class 7, for “Part N” substitute “ Part K4, K5.1, K5.2, K5.3, and K5.4 ”.
29.—(1) In column 1 of Schedule 3—
(a)in paragraphs 1, 3 and 4, add “ (This paragraph does not apply to the provision of a masonry chimney.) ”.
(b)in paragraph 10, after “electrical controls” insert “ in buildings other than dwellings ”;
(c)in paragraph 11, after “installations” insert “ in dwellings ”; and
(d)in paragraph 12, after “installations” insert “ in dwellings ”.
(2) In column 2 of Schedule 3—
(a)for “Ascertiva Group Limited” or “ECA Certification Limited” (whichever occurring), substitute “ Certsure LLP M12(in respect of work carried out in England and excepted energy buildings in Wales) ”, provided that, where the substitution results in a duplicate reference in the same paragraph of the table, the second reference is to be omitted;
(b)in paragraph 3—
(i)after “Benchmark Certification Limited M13” omit “(other than in respect of work carried out in England and or in relation to excepted energy buildings in Wales);
(ii)for “or” substitute “ , ”; and
(iii)before “in respect of that type of work” insert “ or Stroma Certification Limited M14 (in respect of work carried out in England or in relation to excepted energy buildings in Wales) ”;
(c)in paragraph 5, after Benchmark Certification Limited omit “(other than in respect of work carried out in England or in relation to excepted energy buildings in Wales)”;
(d)in paragraph 8—
(i)for “or” substitute “ , ”; and
(ii)before “in respect of that type of work” insert “ ECA Certification Limited M15, NAPIT Registration Limited M16 (in respect of work carried out in England and excepted energy buildings in Wales) or Stroma Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales). ”;
(e)in paragraph 9—
(i)after “Building Engineering Services Competence Assessment Limited (in respect of work carried out in England and excepted energy buildings in Wales)”, insert “ ECA Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales) ”;
(ii)for “or” where it first occurs, substitute “ , ”; and
(iii)before “in respect of that type of work”, insert “ or Stroma Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales) ”;
(f)in paragraph 10, after “Ascertiva Group Limited” insert “ Benchmark Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales) ”;
(g)in paragraph 13—
(i)after “BM Trada Certification Limited” insert “ Benchmark Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales) ”;
(ii)after “CERTASS Limited” insert “NAPIT Registration Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales);
(iii)for “or” where it occurs a second time, substitute “ , ”; and
(iv)after “Network VEKA Limited” insert “ or Stroma Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales) ”
(h)in paragraph 14—
(i)after “Building Engineering Services Competence Assessment Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales)”, insert “ , ECA Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales), HETAS Limited M17 (in respect of work carried out in England or in relation to excepted energy buildings in Wales) ”;
(ii)for “or” where it occurs a second time, substitute “ , ”; and
(iii)after “NAPIT registration Limited” insert “ or Stroma Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales) ”;
(i)in paragraph 15, after “Building Engineering Services Competence Assessment Limited (in respect of work carried out in England and excepted energy buildings in Wales)”, insert “ ECA Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales), HETAS Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales) ”;
(j)in paragraph 16—
(i)after “Building Engineering Services Competence Assessment Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales)”, insert “ ECA Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales), HETAS Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales) ”;
(ii)for “or” where it occurs a second time, substitute “ , ”; and
(iii)after “NAPIT registration Limited” insert “ or Stroma Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales) ”;
(k)in paragraph 18, after “Cavity Insulation Guarantee Agency Limited” insert “ Ascertiva Group Limited M18 (in respect of work carried out in England or in relation to excepted energy buildings in Wales), Benchmark Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales), NAPIT Registration Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales) or Stroma Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales) ”;
(l)in paragraph 19, after “registered by” insert NAPIT Registration Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales) or”; and
(m)in paragraph 21, after “BM Trada Certification Limited” insert “ CERTASS Limited M19 (in respect of work carried out in England or in relation to excepted energy buildings in Wales), Stroma Certification Limited (in respect of work carried out in England or in relation to excepted energy buildings in Wales) ”.
Marginal Citations
M12A limited liability partnership formed and registered under the Limited Liability Partnerships Act 2000 (c.12) with the registration number OC379918.
M13A company formed and registered under the Companies Act with the registration number 07144771.
M14A company formed and registered under the Companies Act with the registration number 06429016.
M15A company formed and registered under the Companies Act with the registration number 02117828.
M16A company formed and registered under the Companies Act with the registration number 05190452.
M17A company formed and registered under the Companies Act with the registration number 02117828.
M18A company formed and registered under the Companies Act with the registration number 02513162.
M19A company formed and registered under the Companies Act with the registration number 04350234.
30. Omit paragraph 20 of Schedule 3.
31. After paragraph 21 of Schedule 3, add the following paragraphs—
| “22. Installation of insulating material to the internal walls of a building. | In respect of work carried out in England or in relation to excepted energy buildings in Wales, a person registered by Ascertiva Group Limited, Benchmark Certification Limited, CERTASS Limited, NAPIT Registration Limited or Stroma Certification Limited in respect of that type of work. |
| 23. Installation of insulating material to the external walls of a building, not including insulation of demountable-clad buildings. | In respect of work carried out in England or in relation to excepted energy buildings in Wales, a person registered by Ascertiva Group Limited, Benchmark Certification Limited, CERTASS Limited, NAPIT Registration Limited or Stroma Certification Limited in respect of that type of work. |
| 24. Installation of insulation material to both external and internal walls of a building (“hybrid insulation”), not including insulation of demountable-clad buildings. | In respect of work carried out in England or in relation to excepted energy buildings in Wales, a person registered by Ascertiva Group Limited, Benchmark Certification Limited or NAPIT Registration Limited in respect of that type of work.”. |
32. In Schedule 4—
(a)omit—
(i)paragraph 1(a) to (e);
(ii)paragraph 2;
(iii)paragraph 3; and
(iv)the definitions of “kitchen”, “special installation” and “special location” in paragraph 4; and
(b)after paragraph 3 insert—
“(3A) Installation of thermal insulation to suspended timber floors where the work—
(a)consists of the installation of such insulation only; and
(b)the work is not carried out in order to comply with any requirements of these Regulations.”.