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15 June 2022
Building Regulations etc. (Amendment) (England) Regulations 2021

Synopsis

These regulations will require that buildings erected achieve target primary energy rates, limiting heat losses.

New standards will also apply on preventing overheating and on-site electricity generation.

Summary

The Building Regulations etc. (Amendment) (England) Regulations 2021 will amend the Building Regulations 2010 and Building (Approved Inspectors etc.) Regulations 2010 on 15 June 2022.

Although the amended regulations apply in England and Wales, the amending regulations will apply in England only.

What will change?

Revised requirements will apply to building work, as follows:

  • Target primary energy rates will apply. These will require that buildings erected achieve minimum standards of fabric energy efficiency, limiting heat losses:
    • The target must be calculated using the approved energy performance of buildings methodology.
    • Before construction starts, the target primary energy rate, calculated primary energy rate for the building and associated specifications will need to be notified to the local authority.
    • Within five days of completing construction, the local authority must be notified of the target primary energy rate, calculated primary energy rate and finalised specifications, including any changes. An energy performance certificate from an accredited energy assessor must also be notified to the local authority.
  • A new Paragraph (L2) will be added to Part L (Conservation of Fuel and Power) in Schedule 1, regarding on-site electricity of generation:
    • Reasonable provision must be made to ensure:
      • The systems and electricity outputs are suitably sized for the site and infrastructure; and
      • Effective controls are provided.
    • The system must be commissioned by testing and adjustment as necessary to produce the maximum electricity output reasonable in the circumstances.
    • The completion of commissioning on-site electricity generation systems must be notified to the local authority, unless testing and adjustment of the system is not possible
    • Within five days of completing construction, the owner must be provided with suitable and sufficient information on the operation and maintenance of the on-site generation system. This must include instructions to produce the optimal amount of electricity.
    • Approved Document L was updated to reflect these changes.
  • A new Part O (Overheating) will be added to Schedule 1:
    • Reasonable provision must be made for dwellings, institutions or any other building containing one or more rooms for residential purposes, other than a room in a hotel, to:
      • Limit unwanted solar gains in summer; and
      • Provide an adequate means to remove heat from the indoor environment.
    • When meeting these requirements, account must be taken of the safety of any occupant, and their reasonable enjoyment of the residence.
    • Mechanical cooling may only be used where insufficient heat is capable of being removed from the indoor environment without it.
    • Within five days of completing construction, sufficient information must be provided to the building owner regarding systems to prevent overheating and how these can be operated.
    • Approved Document O was published to support these changes.

Work subject to prior notices or deposited plans on 15 June 2022

The new requirements will not apply to building work where a building notice or initial notice has been issued or full plans have been deposited to a local authority before 15 June 2022, if the building work begins before 15 June 2023.

Background

The Building Regulations 2010 apply minimum standards on building work and associated notification and approval requirements.

 

 

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