The Building Regulations &c. (Amendment) (Wales) Regulations 2013

The Building Regulations 2010^f1 (“the Building Regulations”) are amended as set out in regulations 3 to 28.

In regulation 2(1)^f1—

For regulation 11(3) substitute—

“(3)

Sub-sections (1) to (5) of section 8 of the Act (relaxation of building regulations) do not apply to regulations 23(1)(a), 25A, 25B, 26, 29 (with the exception of paragraphs 4(e), 9A, 10, 11 and 12) and 29A.”.

In regulation 14, omit paragraph (5).

In regulation 15(2)(b), for “pursuant to a request under regulation 14(5)” substitute “or 17A”.

In Regulation 16(5), after the words “where a building is being erected”, add “to which the Regulatory Reform (Fire Safety) Order 2005^f1 applies, or will apply after the completion of the work”.

Regulation 17 is amended as follows—

After the end of regulation 17, insert—

“Certificate for building occupied before work is completed

17A

(1)

A local authority shall within the specified period give a completion certificate in respect of part or all of a building where building work is being carried out and where all of the following circumstances apply—

(a)

part or all of the building is to be occupied before the work is completed;

(b)

the building is subject to the Regulatory Reform (Fire Safety) Order 2005; and

(c)

the authority is satisfied, after taking all reasonable steps, that, regardless of completion of the current building work, those parts of the building which are to be occupied before completion of the work currently comply with regulation 38 and Part B of Schedule 1.

(2)

The specified period referred to in paragraph (1) is four weeks starting from the date that notice is received by the local authority in accordance with regulation 16(5).

(3)

A certificate given in accordance with this regulation shall be evidence (but not conclusive evidence) that the requirements specified in the certificate have been complied with, and the certificate shall contain this wording.

(4)

The certificate must include a statement describing its evidentiary effect, in terms substantially the same as paragraph (3).”.

In regulation 19(1), after “17 (completion certificates),” insert “17A (certificate for building occupied before work is completed),”.

Regulation 20 is amended as follows—

In regulation 21(5) for “European Parliament and Council Directive 2002/91/EC of 16 December 2002 on the energy performance of buildings” substitute “European Parliament and Council Directive 2010/31/EU of 19 May 2010 on the energy performance of buildings (recast)”.

For regulation 23 (and the heading before it) substitute—

“Requirements for the renovation or replacement of thermal elements

23

(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 element’s surface area;

the whole of the 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.”.

In regulation 25 for “based upon” substitute “set in accordance with”.

After regulation 25 (minimum energy performance requirements for new buildings), insert—

“Consideration of high-efficiency alternative systems for new buildings

25A

(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 buildings

25B

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

In regulation 29^f1—

After regulation 29 (energy performance certificates) insert—

“Recommendation reports

29A

(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.”.

In regulation 30^f1—

In regulation 33 for “the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007” substitute “the Energy Performance of Buildings (England and Wales) Regulations 2012”.

In regulation 35(1)—

In regulation 43(4), after “British Institute of Non-destructive Testing” insert “or the Air Tightness Testing and Measurement Association”^f1.

In regulation 47 after “17,” insert “17A, 25A,”.

In regulation 48(1)—

Omit paragraph 20 of Schedule 3.

After paragraph 21 of Schedule 3, add the following paragraphs—

“

22 Installation of insulating material to the internal walls of a building.	A person registered by Ascertiva Group Limited, Benchmark Certification Limited, CERTASS Limited, NAPIT Registration Limited or Stroma Certification Limited in respect of that type of work.
23 Installation of insulating material to the external walls of a building, not including insulation of demountable-clad buildings.	A person registered by Ascertiva Group Limited, Benchmark Certification Limited, CERTASS Limited, NAPIT Registration Limited or Stroma Certification Limited in respect of that type of work.
24 Installation of insulation material to both external and internal walls of a building (“hybrid insulation”), not including insulation of demountable-clad buildings.	A person registered by Ascertiva Group Limited, Benchmark Certification Limited or NAPIT Registration Limited in respect of that type of work.

”.

In paragraphs 22, 23 and 24 omit the words “In respect of work carried out in England or in relation to excepted energy buildings in Wales”.

In Schedule 4, after paragraph 3 insert—

“(3A)

Installation of thermal insulation to suspended timber floors where the work—

(a)

consists of the installation of such insulation only; and

(b)

the work is not carried out in order to comply with any requirements of these Regulations.”.

The Building (Approved Inspectors etc.) Regulations 2010^f1 are amended as set out in regulations 30 to 33.

In regulation 8(1)—

In regulation 16, after the end of paragraph (2) insert—

“(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.”.

For regulation 20(1) and the preceding heading, substitute—

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

20

(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.”.

In regulations 35 and 36—

• “relevant notification provision” (“darpariaeth hysbysu berthnasol”) means regulation 12(2) of the Building Regulations 2010 and sections 47(1), 50, 51A(2) and 54 of the Building Act 1984; and

• “relevant regulation”(“rheoliadau perthnasol”) means regulations 7, 13 or 15 of these Regulations.

An amendment made by a relevant regulation does not apply in any case where at the time the amendment takes effect, building work has been started in accordance with any relevant notification provision applicable in relation to the work.

An amendment made by a relevant regulation does not apply in any case where—

(This note is not part of the Regulations)