The Building Regulations 2010

PART 6 E+W Energy Efficiency Requirements

Application of energy efficiency requirements E+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; F1 F2 ...

(b) into which the building's heating system has been extended F3 [F4 to 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 [F6 European 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

F1 Word in reg. 21(4)(a) omitted (W. for remaining purposes) (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(1)(a) (with reg. 29)

F2 Word 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))

F3 Reg. 21(4)(c) and words inserted (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(1)(b)(c) (with reg. 29)

F4 Reg. 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)

F5 Words 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))

F6 Words 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

M1 1990 c.9.

M2 1979 c.46; section 1 was amended by Schedule 4 to the National Heritage Act 1983 (c.47).

Requirements relating to a change to energy status E+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 [F8 Requirements for the renovation or replacement of thermal elements E+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

F7 Reg. 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)

F8 Reg. 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 performance E+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 [F10 an 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

F9 Words in reg. 24(2) substituted (W. for remaining purposes) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(7)(a) (with reg. 1(3))

F10 Words 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))

F11 Words in reg. 24(2) substituted (W. for remaining purposes) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(7)(b) (with reg. 1(3))

F12 Words 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 buildings E

[F13 25.   Minimum energy performance requirements shall be approved by the Secretary of State, [F14 calculated 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

E1 This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F13 Reg. 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]

F14 Words 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]

F15 Word in reg. 25(a) omitted (E.) (15.6.2022) by virtue of The Building Regulations etc. (Amendment) (England) Regulations 2021 (S.I. 2021/1391), regs. 1(1), 5(a) (with regs. 1(2), 17) (as amended (5.6.2023) by S.I. 2023/520, regs. 1(2), 3)

F16 Reg. 25(c) and word inserted (E.) (15.6.2022) by The Building Regulations etc. (Amendment) (England) Regulations 2021 (S.I. 2021/1391), regs. 1(1), 5(b) (with regs. 1(2), 17) (as amended (5.6.2023) by S.I. 2023/520, regs. 1(2), 3)

Minimum energy performance requirements for new buildings W

[F96 25.   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

E7 This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F96 Reg. 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 [F18 Consideration of high-efficiency alternative systems for new buildings E+W

F17 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.)]

Textual Amendments

F17 Regs. 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.)

F18 Regs. 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 [F18 Nearly zero-energy requirements for new buildings E+W

F17 25B.   Where a building is erected, it must be a nearly zero-energy building.]

Textual Amendments

F17 Regs. 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.)

F18 Regs. 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)

F19 [F20 New buildings: minimum energy performance requirements E+W

25C.   Minimum energy performance requirements F19 [F21 must] be approved by the Welsh Ministers, F19 [F22 calculated and expressed] in accordance with the methodology approved pursuant to regulation 24, for—

(a) new buildings F23 ..., in the form of target primary energy F24 ... rates; and

(b) [F25 when a dwelling is erected], in the form of target fabric performance values.]

Textual Amendments

F19 Reg. 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)

F20 Reg. 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))

F21 Word 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))

F22 Words 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))

F23 Words in reg. 25C(a) omitted (W.) (23.11.2022) by virtue of The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 6(a)(i) (with reg. 21)

F24 Word in reg. 25C(a) omitted (W.) (23.11.2022) by virtue of The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 6(a)(ii) (with reg. 21)

F25 Words in reg. 25C(b) substituted (W.) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 6(b) (with reg. 21)

[F26 Energy efficiency rating E+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

F26 Reg. 25D inserted (W.) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 7 (with reg. 21)

CO₂ emission rates for new buildings E+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 F27 [F28 , applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24].

Textual Amendments

F27 Words in reg. 26 inserted (W. for remaining purposes) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(10) (with reg. 1(3))

F28 Words 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))

[F29 Fabric energy efficiency rates] E

[F30 26A.   Where a dwelling is erected, it shall not exceed the target fabric energy efficiency rate for the dwelling [F31 that 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

E2 This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F29 Reg. 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))

F30 Reg. 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)

F31 Words 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))

[F97 Primary energy F98 ... rates for new buildings W

26A.   Where a building F99 ... is erected, it must not exceed the target primary energy F100 ... 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

E8 This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F97 Reg. 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)

F98 Word 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)

F99 Words in reg. 26A omitted (W.) (23.11.2022) by virtue of The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 8(b) (with reg. 21)

F100 Word in reg. 26A omitted (W.) (23.11.2022) by virtue of The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 8(c) (with reg. 21)

F32 [F33 Fabric performance values for new dwellings E+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) F32 [F34 , applying the methodology of calculation and expression of the energy performance of buildings approved pursuant to regulation 24].]

Textual Amendments

F32 Reg. 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)

F33 Regs. 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)

F34 Words 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))

[F35 Target primary energy rates for new buildings E

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

E3 This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F35 Reg. 26C inserted (E.) (15.6.2022) by The Building Regulations etc. (Amendment) (England) Regulations 2021 (S.I. 2021/1391), regs. 1(1), 6 (with regs. 1(2), 17) (as amended (5.6.2023) by S.I. 2023/520, regs. 1(2), 3)

[F101 Minimum energy efficiency rating W

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

E9 This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F101 Reg. 26C inserted (W.) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 9 (with reg. 21)

CO₂ emission rate calculations E+W

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 F36 [F37 , calculated and expressed in accordance with the methodology approved pursuant to regulation 24],

(b) the F38 F39 ... CO₂ emission rate for the building as designed F40 [F41 , 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 F42 [F43 , calculated and expressed in accordance with the methodology approved pursuant to regulation 24],

(ii) the F44 F45 ... CO₂ emission rate for the building as constructed F46 [F47 , 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 F48 [F49 energy performance certificates] for that category of building.

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

Textual Amendments

F36 Words in reg. 27(2)(a) inserted (W. for remaining purposes) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(13)(a) (with reg. 1(3))

F37 Words 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))

F38 Word in reg. 27(2)(b) 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(13)(b) (with reg. 1(3))

F39 Word in reg. 27(2)(b) 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(11)(b) (with reg. 1(3))

F40 Words in reg. 27(2)(b) inserted (W. for remaining purposes) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(13)(b) (with reg. 1(3))

F41 Words 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))

F42 Words in reg. 27(3)(a)(i) inserted (W. for remaining purposes) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(13)(c) (with reg. 1(3))

F43 Words 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))

F44 Word in reg. 27(3)(a)(ii) 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(13)(d) (with reg. 1(3))

F45 Word in reg. 27(3)(a)(ii) 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(11)(d) (with reg. 1(3))

F46 Words in reg. 27(3)(a)(ii) inserted (W. for remaining purposes) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(13)(d) (with reg. 1(3))

F47 Words 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))

F48 Words in reg. 27(4) substituted (W. for remaining purposes) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(13)(e) (with reg. 1(3))

F49 Words 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)

C1 Reg. 27 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1)(2)

C2 Reg. 27(3) modified (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(2)

[F50 Fabric energy efficiency rate calculations E

27A.— (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 [F51 , calculated and expressed in accordance with the methodology approved pursuant to regulation 24];

(b) the F52 ... fabric energy efficiency rate for the dwelling as designed [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 shall give the local authority—

(a) a notice which specifies—

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

(ii) the F55 ... fabric energy efficiency rate for the dwelling as constructed [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 26A have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce [F57 energy performance certificates] for that category of building.

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

Extent Information

E4 This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F50 Reg. 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]

F51 Words in reg. 27A(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(12)(a) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F52 Word in reg. 27A(2)(b) 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(12)(b) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F53 Words in reg. 27A(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(12)(b) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F54 Words in reg. 27A(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(12)(c) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F55 Word in reg. 27A(3)(a)(ii) 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(12)(d) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F56 Words in reg. 27A(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(12)(d) (with reg. 1(3)) [Editorial note: This amendment no longer applies at all in relation to W. from 8.6.2018]

F57 Words 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)

C3 Reg. 27A(3) applied (with modifications) (6.4.2014) by S.I. 2010/2215, reg. 20(2A) (as inserted by The Building Regulations &c. (Amendment) Regulations 2014 (S.I. 2014/579), regs. 1(4), 3(3)(c) (with reg. 1(3)))

F102 [F59 Primary energy F103 ... rate calculations W

27A.— (1) This regulation applies where a building F104 ... 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 F105 ... rate for the building [F106 , calculated and expressed in accordance with the methodology approved pursuant to regulation 24];

(b) the F107 ... primary energy F108 ... rate for the building as designed [F109 , 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 F110 ... rate for the building [F111 , calculated and expressed in accordance with the methodology approved pursuant to regulation 24];

(ii) the F112 ... primary energy F113 ... rate for the building as constructed [F114 , 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 [F115 energy performance certificates] for that category of building.

(5) In this regulation, “specifications” means specifications used for the calculation of the primary energy F116 ... rate.]

Extent Information

E10 This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F59 Regs. 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))

F102 Reg. 27A textually amended to match the amendments previously made by S.I. 2014/110, reg. 7 and S.I. 2016/611, reg. 2(14) (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(6) (with reg. 29)

F103 Word in reg. 27A heading omitted (W.) (23.11.2022) by virtue of The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 10(a) (with reg. 21)

F104 Words in reg. 27A(1) omitted (W.) (23.11.2022) by virtue of The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 10(b) (with reg. 21)

F105 Word in reg. 27A(2)(a) omitted (W.) (23.11.2022) by virtue of The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 10(c) (with reg. 21)

F106 Words 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))

F107 Word 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))

F108 Word in reg. 27A(2)(b) omitted (W.) (23.11.2022) by virtue of The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 10(c) (with reg. 21)

F109 Words 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))

F110 Word in reg. 27A(3)(a)(i) omitted (W.) (23.11.2022) by virtue of The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 10(c) (with reg. 21)

F111 Words 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))

F112 Word 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))

F113 Word in reg. 27A(3)(a)(ii) omitted (W.) (23.11.2022) by virtue of The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 10(c) (with reg. 21)

F114 Words 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))

F115 Words 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))

F116 Word in reg. 27A(5) omitted (W.) (23.11.2022) by virtue of The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 10(c) (with reg. 21)

Modifications etc. (not altering text)

C7 Reg. 27A(3) applied (with modifications) (31.7.2014) by S.I. 2010/2215, reg. 20(2A) (as inserted by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 13(c) (with reg. 1(2)))

F58 [F59 Fabric performance values calculations E+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 F58 [F60 , calculated and expressed in accordance with the methodology approved pursuant to regulation 24];

(b) the F58 F61 ... fabric performance values for the dwelling as designed F58 [F62 , 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 F58 [F63 , calculated and expressed in accordance with the methodology approved pursuant to regulation 24];

(ii) the F58 F64 ... fabric performance values for the dwelling as constructed F58 [F65 , 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 F58 [F66 energy 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

F58 Reg. 27B inserted (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(7) (with reg. 29)

F59 Regs. 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))

F60 Words 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))

F61 Word 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))

F62 Words 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))

F63 Words 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))

F64 Word 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))

F65 Words 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))

F66 Words 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)

C4 Reg. 27B applied (with modifications) by S.I. 2010/2215, reg. 20(1)(2B) (as inserted (W.) (31.7.2014) by The Building (Amendment) (Wales) Regulations 2014 (S.I. 2014/110), regs. 1(3), 13 (with reg. 1(2))) (as amended: (W.) (8.6.2018) by S.I. 2018/558, regs. 1(2), 21 (with reg. 29); and (W.) (25.4.2024) by S.I. 2024/447, regs. 1(1), 3(h) (with reg. 6))

C5 Reg. 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))

[F67 Target primary energy rate calculations for new buildings E

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

(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 rate for the building calculated and expressed in accordance with the methodology approved pursuant to regulation 24;

(b) 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

(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 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 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)(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 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.

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

Extent Information

E5 This version of this provision applies to England only; a separate version has been created for Wales only

Textual Amendments

F67 Reg. 27C inserted (E.) (15.6.2022) by The Building Regulations etc. (Amendment) (England) Regulations 2021 (S.I. 2021/1391), regs. 1(1), 7 (with regs. 1(2), 17) (as amended (5.6.2023) by S.I. 2023/520, regs. 1(2), 3)

Modifications etc. (not altering text)

C6 Reg. 27C applied (with modifications) by S.I. 2010/2215, reg. 20(1)(2C) (as inserted (15.6.2022) by The Building Regulations etc. (Amendment) (England) Regulations 2021 (S.I. 2021/1391), regs. 1(1), 16(b)(c) (with regs. 1(2), 17)) (as amended (5.6.2023) by S.I. 2023/520, regs. 1(2), 3)

[F117 Energy efficiency rating calculations W

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

E11 This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F117 Reg. 27C inserted (W.) (23.11.2022) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 11 (with reg. 21)

Modifications etc. (not altering text)

C8 Reg. 27C(3) applied (with modifications) (23.11.2022) by S.I. 2010/2215, reg. 20(2C) (as inserted (W.) by The Building (Amendment) (Wales) Regulations 2022 (S.I. 2022/564), regs. 1(3), 20(c) (with reg. 21))

Consequential improvements to energy performance E

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

E6 This version of this provision applies to England only; a separate version has been created for Wales only

Consequential improvements to energy performance W

F118 [F119 28.— (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

E12 This version of this provision applies to Wales only; a separate version has been created for England only

Textual Amendments

F118 Reg. 28 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(8) (with reg. 29)

F119 Reg. 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 certificates E+W

F68 F69 29.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F68 Reg. 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))

F69 Reg. 29 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(16) (with reg. 1(3))

Recommendation reports E+W

F70 F71 29A.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F70 Regs. 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))

F71 Regs. 29A-33 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(17) (with reg. 1(3))

Energy assessors E+W

F70 F71 30.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F70 Regs. 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))

F71 Regs. 29A-33 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(17) (with reg. 1(3))

Related party disclosures E+W

F70 F71 31.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F70 Regs. 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))

F71 Regs. 29A-33 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(17) (with reg. 1(3))

Duty of care E+W

F70 F71 32.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F70 Regs. 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))

F71 Regs. 29A-33 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(17) (with reg. 1(3))

Right to copy documents E+W

F70 F71 33.  . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F70 Regs. 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))

F71 Regs. 29A-33 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(17) (with reg. 1(3))

[F72 Application of building regulations to educational buildings, buildings of statutory undertakers and Crown Buildings E+W

34.— (1) Regulations [F73 11(3),] 21, 23(1)(a), F74 [F75 25] [F74 25(a)], 25A, 25B, 26 F76 F77 ... 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

F72 Reg. 34 substituted (6.2.2013) by The Building Regulations &c. (Amendment) Regulations 2013 (S.I. 2013/181), regs. 1(3), 7

F73 Word 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))

F74 Word "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]

F75 Word “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)

F76 Words 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))

F77 Words 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 6 E+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;

F78 [F79 “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 F80 [F81 regulation 22 (accreditation schemes) of the Energy Performance of Buildings (England and Wales) Regulations 2012]; F82 F83 ...

F84 [F85 “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;]

F86 [F87 “fabric energy efficiency” means the space heating and cooling requirements per square metre of floor area of a new dwelling;]

F88 [F89 “major renovation” means the renovation of a building where more than 25% of the surface area of the building envelope undergoes renovation; F90 ...

“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];

F86 [F91 “new dwelling” does not include a dwelling that is formed by a material change of use of a building].

F92 F93 ...

F94 F95 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F78 Words 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))

F79 Words 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)

F80 Words in reg. 35(1) substituted (W. for remaining purposes) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(19)(a)(i) (with reg. 1(3))

F81 Words 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))

F82 Word 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)

F83 Word 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))

F84 Words in reg. 35(1) inserted (W. for remaining purposes) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 2(19)(a)(ii) (with reg. 1(3))

F85 Words 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))

F86 Definitions 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)

F87 Words 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]

F88 Words 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))

F89 Words 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)

F90 Word 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))

F91 Words 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]

F92 Words 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)

F93 Words 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))

F94 Reg. 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))

F95 Reg. 35(2) 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(19)(b) (with reg. 1(3))