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 F76F2European 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.
F4F7Requirements 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 F49F60an energy performance indicator determined from the amount of energy estimated to meet the different needs associated with a standardised use of the building; and
F105F68“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 buildingsE4F4325
Minimum energy performance requirements shall be approved by the Secretary of State, F41calculated 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; F10...
b
new dwellings, in the form of target fabric energy efficiency ratesF15; and
c
new buildings in the form of target primary energy rates.
Minimum energy performance requirements for new buildingsE13F11625
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.
F61F66Consideration of high-efficiency alternative systems for new buildingsC9E8C525A
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.
F292
The person carrying out the work must—
a
where the new building is a higher-risk building, ensure the application for building control approval in relation to the work is accompanied by a notice which states that the analysis referred to in paragraph (1) has been undertaken, is documented, and the documentation is available to the regulator for verification purposes;
b
in any other case, not later than the beginning of the day before the day on which the work starts, give the building control authority a notice which states that the analysis referred to in paragraph (1) has been undertaken, is documented, and the documentation is available to the authority for verification purposes; and
c
ensure that a copy of the analysis is available for inspection at all reasonable times on request by an officer of the building control authority.
3
An authorised officer of the F103building control authority may require production of the documentation in order to verify that this regulation has been complied with.
F1013A
Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.
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.)
E5F110Consideration of high-efficiency alternative systems for new buildingsC825A
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.)
F61F66Nearly zero-energy requirements for new buildingsF6125B
Where a building is erected, it must be a nearly zero-energy building.
F82F88New buildings: minimum energy performance requirements25C
Minimum energy performance requirements F82F42must be approved by the Welsh Ministers, F82F1calculated and expressed in accordance with the methodology approved pursuant to regulation 24, for—
b
F83when a dwelling is erected, in the form of target fabric performance values.
F20Energy 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
F81Fabric energy efficiency ratesE14F7826A
Where a dwelling is erected, it shall not exceed the target fabric energy efficiency rate for the dwelling F95that 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.
F28Primary energy F86... rates for new buildings E1026A
F56F5Fabric performance values for new dwellings26B
F64Target primary energy rates for new buildingsE1126C
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.
F115Minimum energy efficiency ratingE1626C
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 calculationsE15C7C427
1
This regulation applies where a building is erected and regulation 26 applies.
F872
The person carrying out the work must—
a
where the new building is a higher-risk building, ensure the application for building control approval in relation to the work is accompanied by a notice which specifies—
i
the target CO2 emission rate for the building, calculated and expressed in accordance with the methodology approved pursuant to regulation 24,
ii
the CO2 emission rate for the building as designed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24, and
iii
a list of specifications to which the building is to be constructed;
b
in any other case, not later than the day before the work starts, give the building control authority a notice which specifies the matters set out in paragraphs (i) to (iii) of sub-paragraph (a).
3
The person carrying out the work must—
a
where the new building is a higher-risk building, ensure the application for a completion certificate in relation to the work is accompanied by—
i
a notice which specifies—
aa
the target CO2 emission rate for the building, calculated and expressed in accordance with the methodology approved pursuant to regulation 24,
bb
the CO2 emission rate for the building as constructed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24, and
cc
whether the building has been constructed in accordance with the list of specifications referred to in paragraph (2), and, if not, a list of any changes to those specifications; or
ii
a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraphs (aa) to (cc) of paragraph (i);
b
in any other case, not later than five days after the work has been completed, give the building control authority a notice which specifies the matters mentioned in sub-paragraphs (aa) to (cc) of sub-paragraph (a)(i) or a certificate of the sort mentioned in sub-paragraph (a)(ii).
4
F334A
Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice or certificate it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.
5
In this regulation, “specifications” means specifications used for the calculation of the CO2 emission rate.
CO2 emission rate calculationsE3C1027
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 F109, calculated and expressed in accordance with the methodology approved pursuant to regulation 24,
b
the ... CO2 emission rate for the building as designed F112, 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 F117, calculated and expressed in accordance with the methodology approved pursuant to regulation 24,
ii
the ... CO2 emission 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 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 F113energy performance certificates for that category of building.
5
In this regulation, “specifications” means specifications used for the calculation of the CO2 emission rate.
F77Fabric energy efficiency rate calculationsE12C11C627A
1
This regulation applies where a dwelling is erected and regulation 26A applies.
F502
The person carrying out the work must—
a
where the dwelling is within a higher-risk building, ensure the application for building control approval in relation to the work is accompanied by a notice which specifies—
i
the target fabric energy efficiency rate for the dwelling, calculated and expressed in accordance with the methodology approved pursuant to regulation 24,
ii
the fabric energy efficiency rate for the dwelling as designed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24, and
iii
a list of specifications to which the dwelling is to be constructed;
b
in any other case, not later than the day before the work starts, give the building control authority a notice which specifies the matters set out in paragraphs (i) to (iii) of sub-paragraph (a).
3
The person carrying out the work must—
a
where the dwelling is within a higher-risk building, ensure the application for a completion certificate in relation to the work is accompanied by—
i
a notice which specifies—
aa
the target fabric energy efficiency rate for the dwelling, calculated and expressed in accordance with the methodology approved pursuant to regulation 24,
bb
the fabric energy efficiency rate for the dwelling as constructed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24, and
cc
whether the dwelling has been constructed in accordance with the list of specifications referred to in paragraph (2), and, if not, a list of any changes to those specifications; or
ii
a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraphs (aa) to (cc) of paragraph (i);
b
in any other case, not later than five days after the work has been completed, give the building control authority a notice which specifies the matters mentioned in sub-paragraphs (aa) to (cc) of sub-paragraph (a)(i) or a certificate of the sort mentioned in sub-paragraph (a)(ii).
4
F144A
Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice or certificate it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.
5
In this Regulation, “specifications” means specifications used for the calculation of the fabric energy efficiency rate.
F99Primary energy ... rate calculationsE6C1227A
1
This regulation applies where a building F37... 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.
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
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 F31energy performance certificates for that category of building.
5
In this regulation, “specifications” means specifications used for the calculation of the primary energy F62... rate.
F100F99Fabric performance values calculationsC227B
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.
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
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.
F36Target primary energy rate calculations for new buildings C3E1C127C
1
This regulation applies where a building is erected.
F802
The person carrying out the work must—
a
where the new building is a higher-risk building, ensure the application for building control approval in relation to the work is accompanied by 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 designed, calculated and expressed in accordance with the methodology approved pursuant to regulation 24, and
iii
a list of specifications to which the building is to be constructed;
b
in any other case, not later than the day before the work starts, give the building control authority a notice which specifies the matters set out in paragraphs (i) to (iii) of sub-paragraph (a).
3
The person carrying out the work must—
a
where the new building is a higher-risk building, ensure the application for a completion certificate in relation to the work is accompanied by—
i
a notice which specifies—
aa
the target primary energy rate for the building, calculated and expressed in accordance with the methodology approved pursuant to regulation 24,
bb
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
cc
whether the building has been constructed in accordance with the list of specifications referred to in paragraph (2), and, if not, a list of any changes to those specifications; or
ii
a certificate of the sort referred to in paragraph (4) accompanied by the information referred to in sub-paragraphs (aa) to (cc) of paragraph (i);
b
in any other case, not later than five days after the work has been completed, give the building control authority a notice which specifies the matters mentioned in sub-paragraphs (aa) to (cc) of sub-paragraph (a)(i) or a certificate of the sort mentioned in sub-paragraph (a)(ii).
4
A F59building control 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.
F964A
Where the regulator is the building control authority by virtue of section 91ZB of the Act (the regulator: building control authority for other work), it must send a copy of each notice or certificate it receives under this regulation in relation to a building to the local authority for the area in which the building is situated.
5
In this regulation, “specifications” means specifications used for the calculation of the target primary energy rate.
F107Energy efficiency rating calculationsE2C1327C
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.
Consequential improvements to energy performanceE928
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 performanceE7F108F11128
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 certificatesF47F1229
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Recommendation reportsF70F5829A
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Energy assessorsF70F5830
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Related party disclosuresF70F5831
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Duty of careF70F5832
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Right to copy documentsF70F5833
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F75Application of building regulations to educational buildings, buildings of statutory undertakers and Crown Buildings34
1
Regulations F7311(3), 21, 23(1)(a), F9F325F925(a), 25A, 25B, 26 F54F45... 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;
F39F44“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 F104F69regulation 22 (accreditation schemes) of the Energy Performance of Buildings (England and Wales) Regulations 2012; F18F17...
F57F85“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;
F93F23“fabric energy efficiency” means the space heating and cooling requirements per square metre of floor area of a new dwelling;
F53F102“major renovation” means the renovation of a building where more than 25% of the surface area of the building envelope undergoes renovation; F40...
“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;
F93F89“new dwelling” does not include a dwelling that is formed by a material change of use of a building.