The Building Regulations &c. (Amendment) (No.2) Regulations 2013
The Secretary of State, in exercise of the powers conferred by section 1 of and paragraphs 1, 4, 7, 10 and 11(1)(c) of Schedule 1 to the Building Act 1984 and being satisfied that certain provisions of local Acts are unnecessary in consequence of building regulations, makes the following Regulations:
PART 1General
Citation, extent, application and commencement1.
(1)
These Regulations may be cited as the Building Regulations &c. (Amendment) (No.2) Regulations 2013.
(2)
These Regulations extend to England and Wales.
(3)
(4)
Parts 1 and 4 of these Regulations shall come into force on 30th August 2013.
(5)
Parts 2 and 3 of these Regulations shall come into force on 6th April 2014.
PART 2Amendment of the Building Regulations 2010
Amendment of the Building Regulations 20102.
Interpretation3.
In regulation 2(1), in the definition of “energy efficiency requirements”, after “26” insert “26A”.
Minimum energy performance requirements for new buildings4.
“25.
Minimum energy performance requirements shall be approved by the Secretary of State, 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; and
(b)
new dwellings, in the form of target fabric energy efficiency rates.”
Fabric energy efficiency rates for new dwellings5.
“26A.
Where a dwelling is erected, it shall not exceed the target fabric energy efficiency rate for the dwelling which have been approved pursuant to regulation 25.”
Fabric energy efficiency rate calculations6.
“Fabric energy efficiency rate calculations27A.
(1)
This regulation applies where a dwelling is erected and regulation 26A 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 fabric energy efficiency rate for the dwelling;
(b)
the calculated fabric energy efficiency rate for the dwelling as designed; 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 shall give the local authority—
(a)
a notice which specifies—
(i)
the target fabric energy efficiency rate for the dwelling;
(ii)
the calculated fabric energy efficiency rate for the dwelling as constructed; 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 26A have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce such certificates for that category of building.
(5)
In this Regulation, “specifications” means specifications used for the calculation of the fabric energy efficiency rate.”
Application of building regulations to educational buildings, buildings of statutory undertakers and Crown Buildings7.
In regulation 34, for “25” substitute “25(a)”.
Interpretation of Part 68.
““fabric energy efficiency” means the space heating and cooling requirements per square metre of floor area of a new dwelling;”.
Transitional provisions9.
(1)
The amendment made by regulation 5 does not apply in any case where on the date these Regulations come into force—
(a)
building work has started in accordance with any relevant notification provision; or
(b)
a relevant notification provision has been complied with in relation to proposed building work and the building work is started within the period of twelve months beginning on the day this Part of these Regulations come into force.
(2)
In this regulation, “relevant notification provision” means regulation 12(2) of the Building Regulations 2010 and sections 47(1), 50, 51A(2) and 54 of the Building Act 1984.
PART 3Amendment of the Building (Approved Inspectors etc) Regulations 2010
F1Amendment of the Building (Approved Inspectors etc) Regulations 201010.
(a)
in the heading, after “27”, insert “27A,”; and
(b)
in sub-paragraph (1), after “27 (CO2 emission rate calculations),”insert “27A (fabric energy efficiency rate calculations),”.
PART 4Repeal of provisions of a local Act
Repeal of provisions in the Croydon Corporation Act 196011.
Existing conditions12.
Subject to regulation 13, any condition imposed before the date on which these Regulations come into force under a provision repealed by regulation 11 shall cease to have effect from that date and no proceedings or other action may be begun or continued on or after that date to enforce such condition or conditions.
Saving13.
(1)
(2)
“General fire precautions”, “relevant persons” and “responsible person” have the same meanings as in the 2005 Order.
Signed by authority of the Secretary of State for Communities and Local Government
Part 2 of the Regulations amends the Building Regulations 2010 (“the 2010 Regulations”) to insert provisions relating to target fabric energy efficiency (“TFEE”) rates and new dwellings. Regulation 4 amends regulation 25 of the 2010 Regulations requiring the Secretary of State to approve TFEE rates; regulation 5 inserts regulation 26A requiring that new dwellings must not exceed the TFEE rate; regulation 6 inserts regulation 27A setting out the procedure to be followed by the person carrying out the work to submit evidence regarding the TFEE rates to the local authority; regulation 8 inserts a definition of fabric energy efficiency into regulation 35 of the 2010 Regulations and regulation 9 sets out the transitional provisions for the amendments to the 2010 Regulations
Part 3 sets out the amendment to the Building (Approved Inspectors etc) Regulations 2010 required as a consequence to the amendments to the 2010 Regulations.
Part 4 repeals two sections of the Croydon Corporation Act 1960 that deal with building control matters which are no longer required because of the provisions of the 2010 Regulations (regulation 11). Regulation 12 provides for circumstances when conditions have been imposed relying upon the repealed provisions and regulation 13 makes savings in circumstances where article 17 of the Regulatory Reform (Fire Safety) Order 2005 applies.