Member Briefing - Building Regulations Part L1: Energy Performance of Dwellings

5 June, 2003

Forthcoming ODPM Review Despite the relatively recent changes made to energy efficiency requirements for new dwellings, effective from April 2002, ODPM have signalled their intention to commence a further review of Part L1 of the Building Regulations. This will commence this summer. The rest of this article is available to members only.

Building Regulations Part L1: Energy Performance of Dwellings

Forthcoming ODPM Review

Despite the relatively recent changes made to energy efficiency requirements for new dwellings, effective from April 2002, ODPM have signalled their intention to commence a further review of Part L1 of the Building Regulations. This will commence this summer.

The main reasons given for this review are the new Energy Performance Directive; and the Energy White Paper, published 24 February 2003. ODPMs intention also is to address also some aspects of the Home Information Pack Consultation, published in March 2003. Implementation of the Directive in England and Wales could affect dwellings in a number of ways:

SAP ratings and Carbon Indices: The system might be expanded to include artificial lighting; the standards might be expressed in terms of energy, rather than a cost index. Importantly, and there is an opportunity also to apply SAP Notices in some fashion to the existing stock. Additionally, L1 might, for the first time, impose legal minimum SAP/Energy Ratings for new build homes.

It is likely that there will be new requirement to supply an energy performance certificate when dwellings are constructed, sold or rented out. It is to be hoped that the use of HBFs energy label scheme will be sufficient to meet this requirement, however the reported low uptake of the HBF Label is potentially prejudicial to this (NHER have published information showing that as few as 2% of all new homes display a SAP Notice in the manner prescribed by current Building Regulations).

U-Values, Airtightness, etc.: Most significantly, under the review of potential new energy efficiency requirements for dwellings, ODPM are looking at raising standards over the next decade, drawing lessons from experiences in other European countries, starting immediately on the next major revision of Building Regulations. The aim is to bring these new requirements into effect in 2005.

No specific information has been published on changes to fabric U-Values, however these will inevitably reduce, perhaps in line with the forward thinking commentary published with the consultation papers for the last Part L review (which were expected to form the basis of the next step-change, originally scheduled for 2008). At this time, air-tightness testing for new dwellings was also mentioned as a probable for inclusion in the next consultation round. New (higher) SEDBUK classes for boilers are also anticipated.

As with the last review, HBF will seek early involvement in negotiations with ODPM on matters that will affect the housebuilding industry. HBF is keen to build on the experience gained from Member participation in the Part E Robust Standard Details programme (which has been widely received as a very positive contribution by the industry). It is likely that, in due course, HBF will be asking Members to nominate industry representatives to join working groups and participate in the formulation of HBFs strategy for dealing with the forthcoming consultation.

Fortuitously, many HBF Members who were contributors during the previous consultation round (2000/2001) are still active and it is to be hoped that, once again, the work requirements can be shared between Members. Similarly, it is hoped that many of the arguments for and against the step-change, including capacity issues, cost and technical risk can be meaningfully updated to enable us to put forward the sort of case that saw significant wins for HBF Members last time around. Certainly the arguments against compulsory air-tightness testing will be similar to the case made by HBF against post-construction sound testing for new homes. Already, third party alliances with suppliers and other interested parties (including many that have worked with HBF on the Part E review) are being reformed in anticipation of the negotiations ahead.

Immediately, HBFs ability to represent the industry effectively in this matter will be affected by (1) the uptake of HBFs Energy Labelling Scheme (currently low); and (2) industrys adherence to Part L Robust Standard Details (the BRE Thermal Bridging Guide, NOT HBFs Part E document). Accordingly, HBF Members are asked to ensure that, within their own companies, all necessary steps are taken in this respect.

In summary, the Part L review programme is as follows:-

First BRAC Working Party meeting 02 June 2003

Update of June 2000 Forward Thinking paper on ODPM web site shortly covering:-

2005

Approach to next decade

Industry Advisory Group for dwellings to be convened in September. The brief to include:-

What possible improvements can be made ?

What expert panels will be necessary to help develop 2005 standards?

Amendment proposals to main BRAC - May 2004

Consultation - July - Sep 2004

Review process

New EEC - April 2005

Final report from BRAC - May 2005

Amendment - July 2005

Coming into effect date - January 2006

Dave Baker

Director of Technical Services

June 2003