PART 6Energy Efficiency Requirements
Application of energy efficiency requirements21
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
b
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 F8F1European 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”.
Requirements relating to a change to energy status22
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.
F14F2Requirements for the renovation or replacement of thermal elements23
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.
Methodology of calculation and expression of energy performance24
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 F54F29an energy performance indicator determined from the amount of energy estimated to meet the different needs associated with a standardised use of the building; and
F55F30“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.
Minimum energy performance requirements for new buildingsE7F1725
Minimum energy performance requirements shall be approved by the Secretary of State, F31calculated 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; F99...
b
new dwellings, in the form of target fabric energy efficiency ratesF100; and
c
new buildings in the form of target primary energy rates.
Minimum energy performance requirements for new buildingsE8F10325
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.
F95F96Consideration of high-efficiency alternative systems for new buildingsF9525A
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.)
F95F96Nearly zero-energy requirements for new buildingsF9525B
Where a building is erected, it must be a nearly zero-energy building.
F86F21New buildings: minimum energy performance requirements25C
Minimum energy performance requirements F86F56must be approved by the Welsh Ministers, F86F57calculated and expressed in accordance with the methodology approved pursuant to regulation 24, for—
b
F106when a dwelling is erected, in the form of target fabric performance values.
F107Energy efficiency rating25D
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.
CO2 emission rates for new buildings26
F27Fabric energy efficiency ratesE2F1526A
Where a dwelling is erected, it shall not exceed the target fabric energy efficiency rate for the dwelling F33that 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.
F91Primary energy F110... rates for new buildings E126A
F87F22Fabric performance values for new dwellings26B
F97Target primary energy rates for new buildingsE926C
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.
F108Minimum energy efficiency ratingE1026C
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.
CO2 emission rate calculationsC627
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
b
c
a list of specifications to which the building is to be constructed.
C13
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
ii
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
5
In this regulation, “specifications” means specifications used for the calculation of the CO2 emission rate.
F16Fabric energy efficiency rate calculationsE427A
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 F41, calculated and expressed in accordance with the methodology approved pursuant to regulation 24;
b
c
a list of specifications to which the dwelling is to be constructed.
C23
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 F44, calculated and expressed in accordance with the methodology approved pursuant to regulation 24;
ii
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 F47energy performance certificates for that category of building.
5
In this Regulation, “specifications” means specifications used for the calculation of the fabric energy efficiency rate.
F92F20Primary energy F113... rate calculationsE327A
1
This regulation applies where a building F114... 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
b
c
a list of specifications to which the building is to be constructed.
C33
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
ii
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 F73energy performance certificates for that category of building.
5
In this regulation, “specifications” means specifications used for the calculation of the primary energy F119... rate.
F88F20Fabric performance values calculations27B
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
b
c
a list of specifications to which the dwelling is to be constructed.
C4C53
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
ii
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
5
In this regulation, “specifications” means specifications used for the calculation of the fabric performance values.
F98Target primary energy rate calculations for new buildings C7E1127C
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.
F109Energy efficiency rating calculationsE1227C
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.
C83
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.
Consequential improvements to energy performanceE628
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.
Consequential improvements to energy performanceE5F101F10228
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.
Energy performance certificatesF48F8129
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recommendation reportsF28F5329A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Energy assessorsF28F5330
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Related party disclosuresF28F5331
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duty of careF28F5332
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Right to copy documentsF28F5333
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F7Application of building regulations to educational buildings, buildings of statutory undertakers and Crown Buildings34
1
Regulations F1311(3), 21, 23(1)(a), F18F9325F1825(a), 25A, 25B, 26 F82F49... 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.
Interpretation of Part 635
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;
F9F3“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 F83F50regulation 22 (accreditation schemes) of the Energy Performance of Buildings (England and Wales) Regulations 2012; F4F10...
F84F51“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;
F94F19“fabric energy efficiency” means the space heating and cooling requirements per square metre of floor area of a new dwelling;
F11F5“major renovation” means the renovation of a building where more than 25% of the surface area of the building envelope undergoes renovation; F25...
“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;
F94F26“new dwelling” does not include a dwelling that is formed by a material change of use of a building.