S.I. No. 292/2019 - European Union (Energy Performance of Buildings) (No.2) Regulations 2019


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 2nd July, 2019.

INDEX

1. Citation

2. Commencement

3. Purpose of Regulations

4. Application

5. Amendments to the Building Regulations 1997

I, EOGHAN MURPHY, Minister for Housing, Planning and Local Government, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No.27 of 1972) and for the purpose of giving effect to Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (recast) as amended by Directive (EU) 2018/844 of the European Parliament and of the Council of 30 May 2018, hereby make the following regulations:

Citation

1. These Regulations may be cited as the European Union (Energy Performance of Buildings) (No. 2) Regulations 2019.

Commencement

2. These Regulations shall come into operation on 1st November 2019.

Purpose of the Regulations

3. The purpose for which these Regulations are made is to amend the Building Regulations 1997 (as amended) by inserting the provisions of the European Union (Energy Performance of Buildings) Regulations 2019.

Application

4. These Regulations shall apply from 1st November 2019 except where –

(a) a planning application is made on or before 31st October 2019 for planning permission or approval pursuant to the Planning and Development Act 2000 (No. 30 of 2000) and where substantial work has been completed by 31st October 2020; or

(b) a notice pursuant to the provisions of Part 8 of the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ) has been published on or before 31st October 2019 and where substantial work has been completed by 31st October 2020.

Amendment of the Building Regulations 1997

5. The Building Regulations 1997 are amended by: -

(a) substituting for Article 11(6), the following—

“(6) Part L6 of the Second Schedule of these Regulations shall apply to major renovations in respect of dwellings.”,

(b) inserting after Article 11(6), the following—

“(7) Part L of the Second Schedule to these Regulations shall not apply to works (including extensions) to an existing building which is a ‘protected structure’ or a ‘proposed protected structure’ within the meaning of the Planning and Development Act 2000 (No. 30 of 2000).”,

(c) inserting after requirement L5 in Part L of the Second Schedule, the following:—

“L6 Energy performance of buildings requirements as set out in the European Union (Energy Performance of Buildings) Regulations 2019”, and

(d) amending Part L of the Second Schedule, in so far as it relates to dwellings, by removing Part L3.

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GIVEN under my Official Seal,

27 June, 2019.

EOGHAN MURPHY, T.D.

Minister for Housing, Planning And Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend the Building Regulations 1997, with effect from 1 November 2019, including

1. Inserting L6 into the Second Schedule to refer to the European Union (Energy Performance of Buildings) Regulations 2019.

2. Removing L3 from the Second Schedule of the Building Regulations in so far is it relates to dwellings.