1 Title, application and commencement

(1)    The title of these Regulations is the Building (Amendment) (Wales) Regulations 2014.

(2)    These Regulations apply in relation to Wales but do not apply in relation to excepted energy buildings in Wales.

(3)    These Regulations come into force on 31 July 2014.

(4)    In this regulation “excepted energy building” has the meaning given by the Schedule to the Welsh Ministers (Transfer of Functions) (No 2) Order 2009.

NOTES
Initial Commencement
Specified date

Specified date: 31 July 2014: see para (3) above.

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2 Amendment of the Building Regulations 2010

Part2Amendment of the Building Regulations 2010 2Amendment of the Building Regulations 2010

The Building Regulations 2010 are amended as set out in Regulations 3 to 9.

NOTES
Initial Commencement
Specified date

Specified date: 31 July 2014: see reg 1(3).

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3 Interpretation

3Interpretation

In regulation 2(1), in the definition of “energy efficiency requirements”, after “26,” insert “26A, 26B,”.

NOTES
Initial Commencement
Specified date

Specified date: 31 July 2014: see reg 1(3).

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4 Application of energy efficiency requirements

4Application of energy efficiency requirements

In regulation 21—

(a)    at the end of paragraph 4(a) omit “or”;

(b)    after “extended” in paragraph (4)(b) insert—

“to heat the conservatory or porch; or

(c)    in which a fixed heating appliance has been provided to heat the conservatory or porch.”

NOTES
Initial Commencement
Specified date

Specified date: 31 July 2014: see reg 1(3).

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5 New buildings: minimum energy performance requirements

5New buildings: minimum energy performance requirements

After regulation 25B insert—

“25C New buildings: minimum energy performance requirements

Minimum energy performance requirements may be approved by the Welsh Ministers, in accordance with the methodology approved pursuant to regulation 24, for—

(a)    new buildings (other than new dwellings), in the form of target primary energy consumption rates; and

(b)    new dwellings, in the form of target fabric performance values.”

NOTES
Initial Commencement
Specified date

Specified date: 31 July 2014: see reg 1(3).

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6 Primary energy consumption rates and fabric performance values

6Primary energy consumption rates and fabric performance values

After regulation 26, insert—

“26A Primary energy consumption rates for new buildings

Where a building (other than a dwelling) is erected, it must not exceed the target primary energy consumption rate for the building which has been approved pursuant to regulation 25C(a).

26B Fabric performance values for new dwellings

Where a dwelling is erected, it must not exceed the target fabric performance values for the dwelling which have been approved pursuant to regulation 25C(b).”

NOTES
Initial Commencement
Specified date

Specified date: 31 July 2014: see reg 1(3).

Regulatory Compliance90 Environmental Law94 Energy94 Construction Law92 Environment & Property93 Real Property Law90 Building Inspectors & Regulations92 Building Requirements92 Landlord & Tenant90

7 Primary energy consumption rate and fabric performance values calculations

7Primary energy consumption rate and fabric performance values calculations

After regulation 27 insert—

“27A Primary energy consumption rate calculations

(1)    This regulation applies where a building (other than a dwelling) 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)    the target primary energy consumption rate for the building;

(b)    the calculated primary energy consumption rate for the building as designed; 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 must give the local authority

(a)    a notice which specifies

(i)    the target primary energy consumption rate for the building;

(ii)    the calculated primary energy consumption rate for the building as constructed; 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 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 such certificates for that category of building.

(5)    In this regulation, “specifications” means specifications used for the calculation of the primary energy consumption rate.

27B Fabric performance values calculations

(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)    the target fabric performance values for the dwelling;

(b)    the calculated fabric performance values for the dwelling as designed; and

(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)    the target fabric performance values for the dwelling;

(ii)    the calculated fabric performance values for the dwelling as constructed; and

(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)    A local authority is authorised to accept, as evidence that the requirements of regulation 26B have been satisfied, a certificate to that effect by an energy assessor who is accredited to produce such certificates for that category of building.

(5)    In this regulation, “specifications” means specifications used for the calculation of the fabric performance values.”

NOTES
Initial Commencement
Specified date

Specified date: 31 July 2014: see reg 1(3).

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8 Consequential improvements to energy performance

8Consequential improvements to energy performance

For regulation 28 (and the heading before it) substitute—

“28 Consequential improvements to energy performance

(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.”

NOTES
Initial Commencement
Specified date

Specified date: 31 July 2014: see reg 1(3).

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9 Contravention of certain regulations not to be an offence

9Contravention of certain regulations not to be an offence

In regulation 47, after “27,” insert “27A, 27B,”.

NOTES
Initial Commencement
Specified date

Specified date: 31 July 2014: see reg 1(3).

Supervision of Building Plans & Construction Works95 Regulatory Compliance91 Environmental Law91 Energy91 Construction Law95 Environment & Property91 Real Property Law91 Building Inspectors & Regulations95 Landlord & Tenant91

10 Transitional provisions

10Transitional provisions

(1)    The amendments made by regulation 4 (in respect of the new regulation 21(4)(c) which it introduces to the Building Regulations 2010), regulation 6 and regulation 8 (in respect of the new regulation 28(2) which it introduces to the Building Regulations 2010) do not apply in any case where on the date these Regulations come into force—

(a)    building work has started in accordance with any relevant notification provision; or

(b)    a relevant notification provision has been complied with in relation to proposed building work and the building work is started within the period of twelve months beginning on the day these Regulations come into force.

(2)    In this regulation, “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.

NOTES
Initial Commencement
Specified date

Specified date: 31 July 2014: see reg 1(3).

Supervision of Building Plans & Construction Works94 Regulatory Compliance91 Environmental Law92 Energy92 Construction Law94 Environment & Property91 Real Property Law91 Building Inspectors & Regulations94 Landlord & Tenant91

11 Amendment of the Building (Approved Inspectors etc) Regulations 2010

Part3Amendment of the Building (Approved Inspectors etc) Regulations 2010 11Amendment of the Building (Approved Inspectors etc) Regulations 2010

The Building (Approved Inspectors etc) Regulations 2010 are amended as set out in regulations 12 and 13.

NOTES
Initial Commencement
Specified date

Specified date: 31 July 2014: see reg 1(3).

Supervision of Building Plans & Construction Works96 Regulatory Compliance91 Construction Law96 Real Property Law91 Building Inspectors & Regulations96 Landlord & Tenant91

12 Functions of approved inspectors

12Functions of approved inspectors

In regulation 8(1)—

(a)    in sub-paragraph (a), after “26 (CO2 emission rates for new buildings),” insert “26A (primary energy consumption rates for new buildings), 26B (fabric performance values for new dwellings),”; and

(b)    in sub-paragraph (b), after “27,” insert “27A, 27B,”.

NOTES
Initial Commencement
Specified date

Specified date: 31 July 2014: see reg 1(3).

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

13Application of regulations 20, 25A, 27, 29, 37, 41, 42, 43 and 44 of the Building Regulations

In regulation 20—

(a)    in the heading, after “27,” insert “27A, 27B,”;

(b)    in paragraph (1), after “27 (CO² emission rate calculations),” insert “27A (primary energy consumption rate calculations), 27B (fabric performance values calculations),”; and

(c)    after paragraph (2) insert—

“(2A)    Regulation 27A(3) of the Principal Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed,” there were inserted “or, if earlier, the date on which in accordance with regulation 17 of the Building (Approved Inspectors etc) Regulations 2010 the initial notice ceases to be in force”.

(2B)    Regulation 27B(3) of the Principal Regulations applies in relation to building work which is the subject of an initial notice as if after “work has been completed,” there were inserted “or, if earlier, the date on which in accordance with regulation 17 of the Building (Approved Inspectors etc) Regulations 2010 the initial notice ceases to be in force”.”

NOTES
Initial Commencement
Specified date

Specified date: 31 July 2014: see reg 1(3).

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Signature

Carl Sargeant

Minister for Housing and Regeneration, one of the Welsh Ministers

21 January 2014

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EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Regulations)

Part 2 of these Regulations amends the Building Regulations 2010 (“the 2010 Regulations”) to insert new and to extend existing provisions relating to the energy efficiency of buildings.

Regulation 4 supplements regulation 21(4) of the 2010 Regulations to extend the energy efficiency requirements in the 2010 Regulations to a conservatory or porch in which a fixed heating appliance has been provided to heat the conservatory or porch. Regulation 5 enables the Welsh Ministers to approve target primary energy consumption rates for new buildings (other than new dwellings) and target fabric performance values for new dwellings. Regulation 6 inserts regulations 26A and 26B into the 2010 Regulations to require that new buildings (other than new dwellings) must not exceed the target primary energy consumption rates and new dwellings must not exceed the target fabric performance values. Regulation 7 inserts regulations 27A and 27B into the 2010 Regulations which set out the procedure to be followed to submit evidence regarding the target primary energy consumption rates and the target fabric performance values to the local authority. Regulation 8 substitutes regulation 28 of the 2010 Regulations to supplement and to extend certain requirements to buildings with a total useful floor area under 1000m2.

Part 3 of these Regulations amends the Building (Approved Inspectors etc) Regulations 2010. The amendments made are consequential to the amendments to the 2010 Regulations.

A regulatory impact assessment has been prepared in relation to these Regulations. Copies are available from the Welsh Government at Cathays Park, Cardiff, CF10 3NQ and on the Welsh Government's website at www.wales.gov.uk.

Supervision of Building Plans & Construction Works94 Regulatory Compliance90 Construction Law94 Real Property Law90 Building Inspectors & Regulations94 Building Requirements91 Landlord & Tenant90