Requirements 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.

Consideration of high-efficiency alternative systems for new buildings25A

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.)

Nearly zero-energy requirements for new buildings25B

Where a building is erected, it must be a nearly zero-energy building.

Recommendation reports29A

1

In these Regulations a “recommendation report” means recommendations made by an energy assessor for the cost-effective improvement of the energy performance of a building.

2

A recommendation report must include—

a

recommended cost-effective measures that could be carried out in connection with a major renovation of the building envelope or fixed building services;

b

recommended cost-effective measures for individual building elements that could be carried out without the necessity for a major renovation of the building envelope or fixed building services;

c

an indication as to how the owner or tenant can obtain more detailed information about improving the energy efficiency of the building, including more detailed information about the cost-effectiveness of the recommendations; and

d

information on the steps to be taken to implement the recommendations.

3

Any cost-effective measure which the energy assessor recommends must be technically feasible for the building to which the recommendation report relates.

4

In this regulation “building element” means a controlled service or fitting or a thermal element of the building envelope.

Application of building regulations to educational buildings, buildings of statutory undertakers and Crown buildings34

1

Regulations 23(1)(a), 25A, 25B, 26, 29 (apart from regulation 29(10)), 29A 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, a reference to “educational buildings and buildings of statutory undertakers” means buildings which fall within paragraphs (a), (b) or (c) of section 4(1) of the Act.

47

The following regulations are designated as provisions to which section 35 of the Act (penalty for contravening building regulations) does not apply—

a

regulations 17, 17A, 25A, 27, 29, 37, 41, 42, 43 and 44; and

b

regulations 23, 25B and 26, in so far as these Regulations apply to Crown buildings or to building work carried out or proposed to be carried out by Crown authorities.

• “officer”29 includes a person contracted by the local authority or a person employed by such a contractor, to perform a chargeable function or provide chargeable advice but does not include a consultant of the kind referred to in regulation 7(3);

Approved inspector’s insurance5A

1

Subject to paragraph (2), an approved inspector who gives a notice or certificate specified in paragraph (2) to a local authority must ensure that, before or on the date of the notice or certificate, the person who approved that inspector (the Secretary of State or a body designated under regulation 3 as the case may be) is in possession of a declaration of insurance in respect of the work to which the notice or certificate relates.

2

Paragraph (1) applies to a notice or certificate given on or after 6th April 2013 which is—

a

an initial notice;

b

an amendment notice;

c

a plans certificate;

d

a combined initial notice and plans certificate; or

e

a final certificate.

3

In this regulation a “declaration of insurance” means a declaration of insurance signed by the insurer that a named scheme of insurance approved by the Secretary of State applies to the approved inspector in relation to the building work to which the notice or certificate relates.

3

A final certificate given by an approved inspector to a local authority in accordance with these Regulations shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with.

Application of regulations, 20, 25A, 27, 29, 37, 41, 42, 43 and 44 of the Principal Regulations20

1

Regulations 20 (provisions applicable to self-certification schemes), 25A (consideration of high-efficiency alternative systems for new buildings), 27 (CO² emission rate calculations), 29 (energy performance certificates), 37 (wholesome water consumption calculation), 41 (sound insulation testing), 42 (mechanical ventilation air flow rate testing), 43 (pressure testing) and 44 (commissioning) of the Principal Regulations apply in relation to building work which is the subject of an initial notice as if references to the local authority were references to the approved inspector.

6

In the case of a certificate dated on or after 6th April 2013, having taken all reasonable steps to establish whether there is a named scheme of insurance approved by the Secretary of State in relation to the work described in the notice, the local authority believe that this is not the case.

5

In the case of a certificate dated on or after 6th April 2013, having taken all reasonable steps to establish whether there is a named scheme of insurance approved by the Secretary of State in relation to the work to which the certificate relates, the local authority believe that this is not the case.