Green issues

Building Regulations update

Part L of the Building Regulations 2006 has been implemented with the aim of improving the energy efficiency of new and existing buildings by controlling carbon emissions.

Part L 2006 Building Regulations (the Regulations) are found in four separate documents (split into work on new dwellings, existing dwellings, new buildings other than dwellings; and existing buildings other than dwellings).

Whilst the Regulations deal with building energy performance in order to control carbon emissions, technical guidance is not actually found within the Regulations themselves. Instead, designers must consult technical data from a range of sources, such as the Building Research Establishment. Collectively, these sources are known as ‘second tier guidance documents’.

The Regulations provide that new buildings and dwellings are required to comply with whole building carbon emission targets; existing buildings are required to comply with elemental performance targets.

These targets are due to be reviewed in 2010 when it is thought that the emissions benchmark will be reduced by a further 25% of the current requirements.

...compliance with Part L must be proved at building control submission stage and completion of the building.

The Regulations encourage use of low or zero carbon technologies to achieve lower emission targets (such as wind power and solar hot water heating).

The guidance for new buildings is that they must be designed and constructed to conserve fuel and power to avoid over-heating in the summer and to reduce heat losses and heat gains through the exterior fabric of the building, which will have the effect of minimising carbon emissions.

Bespoke software is available to designers to assist them in checking for compliance with Part L.

Where an existing building is refurbished or altered, Part L will come into force in certain circumstances, for example:

• Where there is a material change of use such as the conversion of a domestic dwelling to a public building; or
• Where there is an extension of over 100sq m and greater than 25% of an existing building: this will qualify as a new building.

However, listed buildings are exempt from Part L compliance.

The most important point to bear in mind is that compliance with Part L must be proved at building control submission stage and completion of the building. Accordingly, if the actual construction differs from the prescribed specification and workmanship upon which Part L compliance relies, then the building (once completed) could fail to comply with Part L. Rectification after the event could prove expensive or even impossible.

Nick Doffman
Head of Construction
nick.doffman@mishcon.com

Property Matters! 02