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Reducing Carbon Emissions – the new green building requirements

A Government u-turn on proposals to amend Part L of the Building Regulations for England and Wales has angered industry figures. The proposals which required homeowners to make energy efficiency improvements to their homes when doing other building works were contained in the draft consultation on the 2010 version of Part L of the Building Regulations, but have been dropped from the final consultation at the last minute by the new housing minister, John Healey.

The draft proposals proposed that homeowners spend 10% of their budget for an extension on “consequential improvements” to upgrade the energy efficiency of the rest of the property.

At the end of 2008 the Government committed itself to reduce carbon emissions 80% by 2050, therefore, the move to drop this proposal for existing domestic buildings is likely to add pressure on the construction industry to ensure that new buildings are as energy efficient as possible. Construction industry leaders are also concerned that sustainable and energy efficient building requirements for new homes may need to be increased.

Part L of the Building Regulations deals with the conservation of fuel and power, and consultation is now underway by asking for views and comments on the proposed changes.

The Building Regulations set out the detailed standards for building control under the Building Act 2000 and cover all aspects of construction. The current Part L is aimed at efficient use of energy, so covers matters such as required type and thickness of insulation materials.

One significant proposal in the Consultation document is the reduction of the carbon emission levels permitted for new commercial buildings by 25% next year. This is a significant change because it will be an aggregate reduction for all new non-domestic buildings. Other key changes are detailed below.

Key proposals:

Introduction of a fuel-based target emissions rate – Commercial Buildings -
In an attempt to focus Part L on emissions rather than energy efficiency, the government plans to introduce a fuel-based target emission rate (TER). A new set of emission factors will be used, which will be based on an analysis of carbon levels and climate change impact of different fuels. A notional building model will be used to prove compliance.
Amendments to the Standard Assessment Procedure (SAP) – Residential Buildings -
There are proposed amendments to change the way that energy efficiency of homes is calculated, from an annual energy calculation to a monthly one, to improve accuracy. The aim of this is to use Part L as a tool to ensure that targets under the Code for Sustainable Homes are met.
Introduction of measures to ensure compliance with Part L –
In order to help building control officers (BCOs) enforce the regulations, the amendments will require all design-stage submissions to be accompanied by a copy of the design specification.

Designers will also have to submit a commissioning plan for a building’s services in order for the project to be given approval, to ensure systems perform. Furthermore, the government intends that designers are required to use compliance software to ensure that the building is able to meet its energy performance targets through its key features.

Government is also proposing the introduction of an accredited construction detail scheme to ensure buildings are tried and tested. However, to allow innovation, an unaccredited detail route will still be permitted, but designers will still have to use an accredited calculation procedure, and may be penalised by the addition of a 25% margin to the energy loss value of the building recognised for building control purposes. Those who also refuse to use an accredited calculation procedure will be required to use generic values for construction and will be penalised by the addition of a 50% margin to the energy loss value of the building.

New Rules for existing buildings –
There are various proposals for new rules, one of which is for the regulations to be extended to include conservatories, so that they would also have to satisfy thermal criteria
Other proposed changes include –
             - Requirements for pumps, lighting, and low and zero-carbon technologies to be included in the regulations.
             - Proposals to limit heat gains for new buildings, to avoid overheating in the summer.
The 2010 draft regulations are currently with Ministers at the Department for Communities and Local Government for approval, but once approved will be released for industry comment. The government is currently aiming for the regulations to come into effect in April 2010, but if this is not possible, October 2010.

A copy of the consultation paper, Part L of the Building Regulations - Proposed new editions of the Approved Documents L – Consultation can be found at:

www.communities.gov.uk/publications/planningandbuilding/partlconsultation

For More Information Contact:

Pav Jawanda
TPP Law Limited
53 Great Suffolk Street
London SE1 ODB

t 020 7620 0888
f 020 7620 0778
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Email:  Pav

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Tuesday, 07 September 2010