Legislation Governing Retrofitting

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Part Two: Legislation governing retrofit energy efficiency measures

Scope

• The Building Regulations 2010 (“Building Regulations”) are the main piece of legislation setting out the building control regime in England and Wales, which is relevant to retrofit energy efficiency measures. The Building Regulations derive from the Building Act 1984 and the Building Regulations came into force on 1 October 2010.
• The detailed requirements of the Building Regulations and building control more generally are different in England than in Wales. This note focusses on the Building Regulations regime in England only.
• The scope of this article does not include planning permission regulations, the more onerous regime under the Building Safety Act 2022 and retrofit standards.

The Building Regulations at a glance

• The function of the Building Regulations is to ensure the health and safety of people in and around buildings.
• The Building Regulations provide a minimum standard relating to the design, construction and alteration of all types of building, whether domestic, commercial or industrial, although there are some limited exemptions, as explained below.
• The Building Regulations are supported by Approved Documents which set out detailed practical guidance on compliance with the Building Regulations.
• The government’s Manual to the Building Regulations provides for useful additional guidance on how the Building Regulations regime works, including whether the Building Regulations apply, the building control process, and meeting the technical requirements.

Retrofit measures caught by the Building Regulations

• The Building Regulations apply to “building work” under defined in Regulation 3. Building work includes the erection or extension of a building, the provision or extension of a controlled service or fitting in or in connection with a building, and the material alteration of a building, or a controlled service or fitting. An example of building is work in connection with retrofit energy efficiency measures is the renovation of thermal elements such as roofs or external walls. [2]
• Controlled services and fittings are those subject to Schedule 1 to the Building Regulations requirements in respect of, among others, combustion appliances and fuel storage, and conservation of fuel or power, as explained below. Examples of controlled services and fittings in connection with retrofit energy efficiency measures are a replacement window, a boiler (for example, a biomass boiler) and ventilation equipment. [3]
• For completeness, Regulation 9 and Schedule 2 of the Building Regulations set out the seven classes of building work that are exempt from the Building Regulations regime.
• The class of building work that is exempt and is relevant for the purposes of retrofit energy efficiency measures is Class 1 “Buildings controlled under other legislation”, such as:
  • Buildings in which explosives are manufactured or stored under a licence granted under the Explosives Regulations 2014, and
  • Buildings (other than dwellings, offices, or canteen accommodations) erected on a site under a licence granted under the Nuclear Installations Act 1965.

How retrofit measures should be done under the Building Regulations

• Information as to how retrofit energy efficiency measures should be carried out in accordance with the Building Regulations is:
  • Set out in Schedule 1 to the Building Regulations,
  • Explained in the Approved Documents that accompany the Building Regulations, and
  • Supported by additional guidance.

  Schedule 1 to the Building Regulations

• The practical requirements for how building work must be carried out are set out in Parts A to S of Schedule 1 to the Building Regulations.
• The relevant parts of Schedule 1 for the purposes of retrofit energy efficiency measures are:
  • Part J “Combustion appliances and fuel storage systems”, which includes boilers, fireplaces, flues, air supply to combustion appliances and fuel tanks; and
• Part L “Conservation of fuel and power”, which includes heating and air conditioning systems, mechanical ventilation systems, external windows and doors and solar panels.
• By way of example, Part J of the Schedule 1 to the Building Regulations provides, among others, that combustion appliances (e.g., biomass boiler) shall be so installed that there is an adequate supply of air to them for combustion, to prevent over-heating and for the efficient working of any flue.
• The Building Regulations set out the required standards for building works e.g., combustion appliances must prevent over-heating. However, the Building Regulations does not specify how the required standards should be satisfied.Approved Documents that accompany the Building Regulations
• The Building Act 1984 allows the government to publish Approved Documents which supplement the Building Regulations. The government may also approve other guidance, as explained below.
• The guidance contained in the Approved Documents provides for detailed technical advice on how to meet the legal requirements of the Building Regulations. The Approved Documents must be taken into account when building work is assessed.
• The Approved Documents are also labelled Parts A to S correlating with Parts A to S of Schedule 1 to the Building Regulations. The government’s Merged Approved Documents Consolidates all the Approved Documents into a single PDF.
• By way of example, Approved Document J provides that the above requirements in Part J of the Schedule 1 to the Building Regulations will be met if the building provisions for the safe accommodation of combustion appliances (e.g., biomass boiler), among others:
  • Enable the admission of sufficient air for the proper combustion of fuel and the operation of flues, and the cooling of appliances where necessary;
  • Enable normal operation of appliances without the products of combustion becoming a hazard to health;
  • Incorporate an appropriate means of warning of a release of carbon monoxide for fixed appliances that burn solid fuels, gas fuels (excluding gas appliances used solely for cooking) and oil fuels;
  • Enable normal operation of appliances without their causing danger through damage by heat or fire to the fabric of the building;
  • Have been inspected and tested to establish suitability for the purpose intended; and
  • Have been labelled to indicate performance capabilities.
• Approved Document J further provides for technical advice on air supply for combustion appliances, permanently open ventilation of rooms, permanent ventilation of appliance compartments, ventilation of other rooms or spaces, permanently open-air vents, among others.

Sources Used in this Publication:

• https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/901517/Manual_to_building_regs_-_July_2020.pdf
• https://www.planningportal.co.uk/
• https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1141098/The_Merged_Approved_Documents_Mar23.pdf
• https://www.gov.uk/browse/housing-local-services/planning-permission-regulations-information

This article is for general awareness only and does not constitute legal or professional advice. The law may have changed since this page was first published. If you would like further advice and assistance in relation to any of the issues raised in this article, please contact us today by telephone or email enquiries@sharpepritchard.co.uk.