The Building and Approved Inspectors (Amendment) Regulations 2006
| Year | 2006 |
2006 No. 652
BUILDING AND BUILDINGS, ENGLAND AND WALES
The Building and Approved Inspectors (Amendment) Regulations 2006
Made 9th March 2006
Laid before Parliament 15th March 2006
Coming into force in accordance with regulation
The First Secretary of State is a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures relating to the energy performance of buildings.
In accordance with section 14(3) of the Building Act 19843he has consulted the Building Regulations Advisory Committee and such other bodies as appeared to him to be representative of the interests concerned.
The First Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and by sections 1(1), 2A, 3(1), 8(6), 35 and 47 of, and paragraphs 1, 2, 4, 4A, 7, 8 and 10 of Schedule 1 to, the Building Act 19844.
PART 1
Introductory
Citation and commencement
1.—(1) These Regulations may be cited as the Building and Approved Inspectors (Amendment) Regulations 2006.
(2) Subject to paragraph (3) and Part 5 (transitional provisions), these Regulations shall come into force on 6th April 2006.
(3) Regulation 10(b) (amendment of regulation 12(3) and (4) of the Building Regulations 2000) shall come into force immediately after paragraph 6 of Schedule 3 to the Regulatory Reform (Fire Safety) Order 20055comes into force.
PART 2
Amendment of the Building Regulations 2000
Amendment of the Building Regulations 2000
2. The Building Regulations 20006are amended in accordance with this Part.
Amendment of regulation 2 (interpretation)
3.—(1) In regulation 2(1)7—
(a)
(a) after the definition of “building work” insert—
“ “change to a building’s energy status” means any change which results in a building becoming a building to which the energy efficiency requirements of these Regulations apply, where previously it was not;”;
(b)
(b) after the definition of “electrical installation” insert—
“ “energy efficiency requirements” means the requirements of regulations 4A, 17C and 17D and Part L of Schedule 1;”;
(c)
(c) after the definition of “final certificate” insert—
“ “fixed building services” means any part of, or any controls associated with,—
(a) fixed internal or external lighting systems, but does not include emergency escape lighting or specialist process lighting; or
(b) fixed systems for heating, hot water service, air conditioning or mechanical ventilation;”; and
(d)
(d) after the definition of “public body’s notice” insert—
“ “renovation” in relation to a thermal element means the provision of a new layer in the thermal element or the replacement of an existing layer, but excludes decorative finishes, and “renovate” shall be construed accordingly;”.
(2) After paragraph (2) insert—
“2A In these Regulations “thermal element” means a wall, floor or roof (but does not include windows, doors, roof windows or roof-lights) which separates a thermally conditioned part of the building (“the conditioned space”) from—
(a) the external environment (including the ground); or
(b) in the case of floors and walls, another part of the building which is—
(i) unconditioned;
(ii) an extension falling within class VII in Schedule 2; or
(iii) where this paragraph applies, conditioned to a different temperature,
and includes all parts of the element between the surface bounding the conditioned space and the external environment or other part of the building as the case may be.
2B Paragraph (2A)(b)(iii) only applies to a building which is not a dwelling, where the other part of the building is used for a purpose which is not similar or identical to the purpose for which the conditioned space is used.”.
Amendment of regulation 3 (meaning of building work)
4. In regulation 38—
(a) in paragraph (1)(b) omit “subject to paragraph (1A),”;
(b) at the end of paragraph (1) add—
“(g)
“(g) work required by regulation 4A (requirements relating to thermal elements);
(h)
(h) work required by regulation 4B (requirements relating to a change of energy status);
(i)
(i) work required by regulation 17D (consequential improvements to energy performance).”; and
(c) omit paragraph (1A)9.
Amendment of regulation 4 (requirements relating to building work)
5. In regulation 4—
(a) in paragraph (1) at the beginning insert “Subject to paragraph (1A)”;
(b) after paragraph (1) insert—
“1A Where—
(a) building work is of a kind described in regulation 3(1)(g), (h) or (i); and
(b) the carrying out of that work does not constitute a material alteration,
that work need only comply with the applicable requirements of Part L of Schedule 1.”.
New regulations 4A (requirements relating to thermal elements) and 4B (requirements where exemption from energy efficiency requirements ceases)
6. After regulation 4 (requirements relating to building work) insert—
“Requirements relating to thermal elements
4A.—(1) Where a person intends to renovate a thermal element, such work shall be carried out as is necessary to ensure that the whole thermal element complies with the requirements of paragraph L1(a)(i) of Schedule 1.
(2) Where a thermal element is replaced, the new thermal element shall comply with the requirements of paragraph L1(a)(i) of Schedule 1.
Requirements relating to a change to energy status
4B.—(1) 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.
(2) In this regulation “building” means the building as a whole or parts of it that have been designed or altered to be used separately.”.
Amendment of regulation 6 (requirements relating to material change of use)
7. In regulation 6(1)(a)10—
(a) for “L1 (conservation of fuel and power – dwellings)” substitute “L1 (conservation of fuel and power)”;
(b) omit “L2 (conservation of fuel and power – buildings other than dwellings)”; and
(c) in the last line omit “and P2”.
Amendment of regulation 9 (exempt buildings and work)
8.—(1) In regulation 911—
(a)
(a) in paragraph (1), for “paragraph (2)” substitute “paragraphs (2) and (3)”;
(b)
(b) at the end add—
“3 The energy efficiency requirements of these Regulations 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 falling within class VII in Schedule 2; and
(c) the carrying out of any work to or in connection with any such building or extension.
4 A building falls within paragraph (3) if it—
(a) is a roofed construction having walls;
(b) uses energy to condition the indoor climate; and
(c) does not fall within the categories listed in paragraph (5).
5 The categories referred to in paragraph (4)(c) are—
(a) buildings which are—
(i) listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 199012;
(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 197913,
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.
6 In this regulation—
(a) “building” means the building as a whole or parts of it that have been designed or altered to be used separately; and
(b) the following terms have the same meaning as in European Parliament and Council Directive 2002/91/ECon the energy performance of buildings14—
(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”.”.
Amendment of regulation 11 (power to dispense with or relax requirements)
9.—(1) In regulation 11(1) at the beginning insert “Subject to paragraph (3),”.
(2) At the end of regulation 11 add—
“3 Sub-sections (1) to (5) of section 8 of the Act (relaxation of building regulations) do not apply to—
(a) regulation 17C; or
(b) in the case of existing buildings with a total useful floor area over 1,000m2, the energy efficiency requirements of these Regulations.”.
Amendment of regulation 12 (giving of a building notice or deposit of plans)
10. In regulation 1215—
(a) for paragraph (2) substitute—
“2 This regulation applies to a person who intends to—
(a) carry out building work;
(b) replace or renovate a thermal element in a building to which the energy efficiency requirements apply;
(c) make a change to a building’s energy status; or
(d) make a material change of use.
2A Subject to the following provisions of this regulation, a person to whom this regulation applies shall—
(a) give to the local authority a building notice in accordance with regulation 13; or
(b) deposit...
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