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You are here: BAILII >> Databases >> Statutory Instruments made by the National Assembly for Wales >> The Building Regulations &c. (Amendment) (Wales) Regulations 2016 No. 611 (W. 168) URL: https://www.bailii.org/wales/legis/num_reg/2016/wsi_2016611_en_1.html |
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Welsh Statutory Instruments
Building And Buildings, Wales
Made
25 May 2016
Laid before the National Assembly for
Walest
class="LegDateDate">27
May 2016
Coming into force
class="LegDateDate">17
June 2016
The Welsh
Ministers are
designated(
class="LegFootnoteRef"
href="#
f00001"
title="Go to
footnote
1" id="Backf00001">1)
for
the purposes of section 2(2) of the European
Communities
Act 1972(2) in relation to the
design
and
construction
of buildings, and in relation to services,
fittings
and equipment provided in or in
connection
with
those buildings.
The Welsh
Ministers, in exercise of the powers
conferred
on them by section 2(2) of the European
Communities
Act 1972 and by sections 1, 34, 35 and 47 of, and paragraphs 1, 2, 4, 4A, 7 and 10 of Schedule 1 to, the Building Act 1984(3), now exercisable by them(4), having
consulted
the Building Regulations Advisory
Committee
for
Wales
and such other bodies as appear to them to be representative of the interests
concerned
in accordance
with
section 14(7) of the Building Act 1984(5), make the
following
Regulations.
1.-(1) The title of these Regulations is the Building Regulations &c.
(Amendment) (
Wales)
Regulations 2016.
(2) These Regulations apply in relation to Wales.
(3) These Regulations do
not apply to an "excepted energy building", and "excepted energy building" has the same meaning as in the Schedule to the
Welsh
Ministers (Transfer of
Functions)
(No. 2) Order 2009(6).
(4) These Regulations come
into
force
on 17 June 2016.
2.-(1) The Building Regulations 2010(7) are amended in accordance with
the
following
paragraphs.
(2) In regulation 2(1) (interpretation)-
(a)in the definition
"energy efficiency requirements" omit "29 and"; and
(b)omit the definition
"energy performance
certificate".
(3) In regulation 10(2) (exemption of the Metropolitan Police Authority from
procedural requirements) omit ", other than regulation 29,".
(4) In regulation 11(3) (power to dispense
with
or relax requirements) omit ", 29 (
with
the exception of paragraphs 4(e), 9A, 10, 11 and 12), 29A".
(5) In regulation 17(2A) (completion
certificates)-
(a)for
subparagraph (
c)
substitute-
"(c)regulation 26A (primary energy consumption
rates
for
new buildings),
(ca)regulation 26B (fabric
performance values
for
new
dwellings),
class="LegAmendQuote">";
(b)at the end of subparagraph (e) omit "and"; and
(c)at the end of subparagraph (f)
for
"." substitute-
",
(g)regulation 7A (energy performance certificates
on
construction)
of the Energy Performance of Buildings (England and
Wales)
Regulations 2012(8)".
(6) In regulation 19(1) (supervision of building work
otherwise than by local authorities) omit "29 (energy performance
certificates),".
(7) In regulation 24(2) (methodology of calculation
and expression of energy performance)-
(a)in the definition
"asset rating"
for
"a numerical indicator of" substitute "an energy performance indicator
determined
from";
and
(b)for
the
definition
"operational rating" substitute-
""operational rating" means an energy performance indicator determined
from
the amount of energy
consumed
during
the occupation of a building over a period of time and the energy
demand
associated
with
a typical use of the building over that period."
(8) In regulation 25 (minimum energy performance requirements for
new buildings)
for
"set" substitute "
calculated
and expressed".
(9) In regulation 25C (new buildings: minimum energy performance requirements)-
(a)for
"may" substitute "must"; and
(b)after "Welsh
Ministers," insert "
calculated
and expressed".
(10) In regulation 26 (CO2
emission rates
for
new buildings) after "25" insert ", applying the methodology of
calculation
and expression of the energy performance of buildings approved pursuant to regulation 24".
(11) In regulation 26A (primary energy consumption
rates
for
new buildings) after "25C(a)" insert ", applying the methodology of
calculation
and expression of the energy performance of buildings approved pursuant to regulation 24".
(12) In regulation 26B (fabric
performance values
for
new
dwellings)
after "25C(b)" insert ", applying the methodology of
calculation
and expression of the energy performance of buildings approved pursuant to regulation 24".
(13) In regulation 27 (CO2
emission rate
calculations)-
(a)in paragraph (2)(a) after "building" insert ", calculated
and expressed in accordance
with
the methodology approved pursuant to regulation 24";
(b)in paragraph (2)(b) omit "calculated",
and after "
designed"
insert ",
calculated
and expressed in accordance
with
the methodology approved pursuant to regulation 24";
(c)in paragraph (3)(a)(i) after "building" insert ", calculated
and expressed in accordance
with
the methodology approved pursuant to regulation 24";
(d)in paragraph (3)(a)(ii) omit "calculated",
and after "
constructed"
insert ",
calculated
and expressed in accordance
with
the methodology approved pursuant to regulation 24"; and
(e)in paragraph (4) for
"such
certificates"
substitute "energy performance
certificates".
(14) In regulation 27A (primary energy consumption
rate
calculations)-
(a)in paragraph (2)(a) after "building" insert ", calculated
and expressed in accordance
with
the methodology approved pursuant to regulation 24";
(b)in paragraph (2)(b) omit "calculated",
and after "
designed"
insert ",
calculated
and expressed in accordance
with
the methodology approved pursuant to regulation 24";
(c)in paragraph (3)(a)(i) after "building" insert ", calculated
and expressed in accordance
with
the methodology approved pursuant to regulation 24";
(d)in paragraph (3)(a)(ii) omit "calculated",
and after "
constructed"
insert ",
calculated
and expressed in accordance
with
the methodology approved pursuant to regulation 24"; and
(e)in paragraph (4) for
"such
certificates"
substitute "energy performance
certificates".
(15) In regulation 27B (fabric
performance values
calculations)-
(a)in paragraph (2)(a) after "dwelling"
insert ",
calculated
and expressed in accordance
with
the methodology approved pursuant to regulation 24";
(b)in paragraph (2)(b) omit "calculated",
and after "
designed"
insert ",
calculated
and expressed in accordance
with
the methodology approved pursuant to regulation 24";
(c)in paragraph (3)(a)(i) after "dwelling"
insert ",
calculated
and expressed in accordance
with
the methodology approved pursuant to regulation 24";
(d)in paragraph (3)(a)(ii) omit "calculated",
and after "
constructed"
insert ",
calculated
and expressed in accordance
with
the methodology approved pursuant to regulation 24"; and
(e)in paragraph (4) for
"such
certificates"
substitute "energy performance
certificates".
(16) Omit regulation 29 (energy performance certificates)
and Schedule 4A (Green
Deal
information).
(17) Omit regulations 29A to 33.
(18) In regulation 34(1) (application of building regulations to educational buildings, buildings of statutory undertakers and Crown
Buildings) omit ", 29 (apart
from
regulations 29(4)(e), 29(9A), 29(10), 29(11) and 29(12)), 29A".
(19) In regulation 35 (interpretation of Part 6)-
(a)in paragraph (1)-
(i)in the definition
"energy assessor"
for
"regulation 30" substitute "regulation 22 (accreditation schemes) of the Energy Performance of Buildings (England and
Wales)
Regulations 2012";
(ii)after that definition
insert the
following
definitions-
class="LegListTextStandard
LegLevel3Amend">""energy performance
certificate"
means a
certificate
which
complies
with
the requirements of regulation 9 (energy performance
certificates)
or 9A (energy performance
certificates
in respect of excluded buildings) of the Energy Performance of Buildings (England and
Wales)
Regulations 2012;
"energy performance of a building" means the calculated
or measured amount of energy needed to meet the energy
demand
associated
with
a typical use of the building,
which
includes, inter alia, energy used
for
heating,
cooling,
ventilation, hot
water
and lighting;"; and
(b)omit paragraph (2).
(20) In regulation 47 (contravention
of
certain
regulations not to be an offence) omit "29,".
(21) In regulation 48(1) (electronic service of documents)
omit subparagraphs (i) and (j).
(22) In Schedule 3 (self-certification
schemes and exemptions
from
requirement to give building notice or
deposit
full
plans), in
column
2 of items 8 and 10 omit "BSI Assurance UK Limited,".
3.-(1) The Building (Approved Inspectors etc.) Regulations 2010(9) are amended in accordance with
the
following
paragraphs.
(2) In regulation 8(1)(b) (functions
of approved inspectors)-
(a)omit "29,"; and
(b)after "Principal Regulations" insert "and regulation 7A (energy performance certificates
on
construction)
of the Energy Performance of Buildings (England and
Wales)
Regulations 2012"(10).
(3) In regulation 20 (application of regulations 20, 25A, etc.)-
(a)in the heading, omit "29,";
(b)in paragraph (1)-
(i)omit "29 (energy performance certificates)
,"; and
(ii)after "Principal Regulations" insert "and regulation 7A (energy performance certificates
on
construction)
of the Energy Performance of Buildings (England and
Wales)
Regulations 2012";
(c)omit paragraph (3); and
(d)after paragraph (6) add-
"(7) Regulation 7A(3) of the Energy Performance of Buildings (England and Wales)
Regulations 2012 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
in
which
in accordance
with
regulation 17 of the Building (Approved Inspectors etc.) Regulations 2010 the initial notice
ceases
to be in
force.
class="LegAmendQuote">"
(4) In regulation 32 (electronic service of documents)-
(a)omit paragraphs (e) and (f);
and
(b)after paragraph (k) add-
"(l)an energy performance certificate
under regulation 7A(2)(a) of the Energy Performance of Buildings (England and
Wales)
Regulations 2012 as applied by regulation 20;
(m)a notice under regulation 7A(2)(b) of the Energy Performance of Buildings (England and Wales)
Regulations 2012 as applied by regulation 20."
(This note is not part of the Regulations)
These Regulations amend the Building Regulations 2010 ("the Building Regulations") and the Building (Approved Inspectors etc.) Regulations 2010 ("the Approved Inspectors Regulations").
Regulation 2 amends the Building Regulations.
Regulation 2(2), (3), (4), (5)(b) and (c),
(6), (13)(e), (14)(e), (15)(e), (16) to (18), (19)(a)(i) and (a)(ii),
first
definition,
(19)(b), (20) and (21), revoke requirements relating to the provision of energy performance
certificates
for
new and
certain
converted
buildings. Those requirements have been
consolidated
in amendments made to the Energy Performance of Buildings (England and
Wales)
Regulations 2012 by the Energy Performance of Buildings (England and
Wales)
(Amendment) Regulations 2016.
Regulation 2(5)(a), (7) to (12), (13)(a) to (d),
(14)(a) to (
d),
(15)(a) to (
d)
and (19)(a)(ii), second
definition,
amend and supplement the implementation of Articles 3 (adoption of a methodology
for
calculating
the energy performance of buildings) and 4 (setting of minimum energy performance requirements) of Directive 2010/31/EU of the European Parliament and of the
Council
on the energy performance of buildings (recast) (OJ No L 153, 18.6.2010, p. 13).
Regulation 2(7) and (19)(a)(ii), second definition,
amend and supplement
definitions
relating to the energy performance of buildings. Regulation 2(5)(a)
corrects
an omission
concerning
certification
of
compliance
with
the Building Regulations.
Regulation 2(8) to (12), (13)(a) to (d),
(14)(a) to (
d)
and 15(a) to (
d)
clarify
that methodologies approved pursuant to regulation 24 of the Building Regulations must be used in
determining
the energy performance of buildings under the various provisions in the Building Regulations.
Regulation 2(22) updates the list in Schedule 3 to the Building Regulations of persons authorised to issue certificates
of
compliance
with
the requirements of those Regulations
for
their own
work.
class="LegExpNoteText"
style="text-indent: 1em; ">Regulation 3 amends the Approved Inspectors Regulations. It makes provision
consequential
on the revocation in regulation 2 of requirements relating to the provision of energy performance
certificates
for
new and
certain
converted
buildings and their
consolidation
in the Energy Performance of Buildings (England and
Wales)
Regulations 2012.
No impact assessment has been produced for
these Regulations as no impact, or minimal impact, on the public, private, or voluntary sectors is
foreseen.
1972 c.
68. Section 2(2)
was
amended by section 27 of the Legislative and Regulatory Reform Act 2006 (
c.
51) and section 3 of, and Part 1 of the Schedule to, the European Union (Amendment) Act 2008 (
c.
7).
1984 c.
55. Section 1
was
amended by section 1 of the Sustainable and Secure Buildings Act 2004 (
c.
22) (the "2004 Act"). Section 47(1)
was
amended by article 3 of S.I. 1996/1905 and section 8 of the 2004 Act. In Schedule 1, paragraph 4A
was
inserted by section 8 of and paragraph 7
was
amended by section 3 of the 2004 Act. There are other amendments to paragraph 7 that are not relevant to this instrument.
The functions
conferred
on the Secretary of State by sections 1, 34, 35 and 47(1) of, and paragraphs 1, 2, 4, 4A, 7 and 10 of Schedule 1 to, the Building Act 1984
were,
insofar as exercisable in relation to
Wales,
transferred to the
Welsh
Ministers by the
Welsh
Ministers (Transfer of
Functions)
(No. 2) Order 2009 (S.I. 2009/3019), subject to articles 3 and 4 of that Order.
1984 c.
55. Section 14(7)
was
inserted by article 8(5) of the
Welsh
Ministers (Transfer of
Functions)
(No. 2) Order 2009 (S.I. 2009/3019).
S.I. 2010/2214, relevant amending instruments are S.I. 2013/747 (W.
89), S.I. 2013/2621 (
W.
258), S.I. 2014/110 (
W.
10), S.I. 2015/1486 (
W.
165) and S.I. 2016/361 (
W.
113). There are other amending instruments that are not relevant to this instrument.
S.I. 2012/3118, as amended by S.I. 2013/10; S.I. 2013/181; S.I. 2013/603; S.I. 2014/880; S.I. 2015/609; S.I. 2015/1681 and S.I. 2016/284.
S.I. 2010/2215, as amended by S.I. 2013/747 (W.
89), S.I. 2013/2730 (
W.
264), S.I. 2014/58 (
W.
5) and S.I. 2014/110 (
W. 10).
S.I. 2012/3118, as amended by S.I. 2013/10; S.I. 2013/181; S.I. 2013/603; S.I. 2014/880; S.I. 2015/609; S.I. 2015/1681; and S.I. 2016/284.