The Building Regulations &c. (Amendment) Regulations 2016

EXPLANATORY NOTE

(This note is not part of the Regulations)

Regulation 2 amends the Building Regulations 2010 (S.I. 2010/2214, as amended by S.I. 2011/1515, S.I. 2011/3058, S.I. 2012/809, S.I. 2012/3119, S.I. 2013/10, S.I. 2013/181, S.I. 2013/1105, S.I. 2013/1959, S.I. 2014/579 and S.I. 2015/767) (“the Building Regulations”).

Regulation 2(2), (3), (4), (5)(b) and (c), (6), (11)(e), (12)(e), (13), (14), (15), (16)(a)(i) and (a)(ii), first definition, (16)(b), (17) and (18), revoke requirements relating to the provision of energy performance certificates for new and certain converted buildings. Those requirements are being consolidated in amendments made to the Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012/3118, as amended by S.I. 2013/10; S.I. 2013/181; S.I. 2013/603; S.I. 2014/880; S.I. 2015/609 and S.I. 2015/1681) by the Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2016 (S.I. 2016/284).

Regulation 2(6)(a), (7), (8), (9), (10), (11)(a) to (d), (12)(a) to (d), and (16)(a)(ii), second definition, amend and supplement the implementation of Articles 3 (adoption of a methodology for calculating the energy performance of buildings) and 4 (setting of minimum energy performance requirements) Directive 2010/31/EU of the European Parliament and of the Council on the energy performance of buildings (recast) (OJ No L 153, 18.6.2010, p. 13) (“Directive 2010/31/EU”).

Regulation 2(7) and (16)(a)(ii), second definition, amend and supplement definitions relating to the energy performance of buildings. Regulation 2(5)(a) corrects an omission concerning certification of compliance with the Building Regulations.

Regulation 2(8) to (10), (11)(a) to (d) and (12)(a) to (d) clarify that methodologies approved by the Secretary of State must be used in determining the energy performance of buildings under the various provisions in the Building Regulations.

Regulation 2(19) updates the list in Schedule 3 to the Building Regulations of persons authorised to issue certificates of compliance with the requirements of those Regulations for their own work.

Regulation 3 amends the Building (Approved Inspectors etc.) 2010 (S.I. 2010/2215, as amended by S.I. 2012/3119; S.I. 2013/1959 and S.I. 2014/579). It makes provision consequential on the revocation in regulation 2 of requirements relating to the provision of energy performance certificates for new and certain converted buildings and their consolidation in the Energy Performance of Buildings (England and Wales) Regulations 2012.

No impact assessment has been produced for these Regulations as no impact, or minimal impact, on the public, private, or voluntary sectors is foreseen.