S.I. No. 873/2005 - Building Regulations (Amendment) Regulations 2005


S.I. No. 873 of 2005

Building Regulations (Amendment) Regulations 2005

The Minister for the Environment, Heritage and Local Government, in exercise of the powers conferred on him by Sections 3 and 18 of the Building Control Act 1990 (No. 3 of 1990) hereby makes the following Regulations -

Citation

1.   (1) These Regulations may be cited as the Building Regulations (Amendment) Regulations 2005.

(2) These Regulations and the Building Regulations 1997 ( S.I. No. 497 of 1997 ) shall be construed as one and cited together as the Building Regulations 1997 to 2005.

Commencement

2.   These Regulations shall, subject to Article 3 of these Regulations come into operation on the 1st day of July 2006.

Application

3.   These Regulations shall apply to works, or buildings in which a material alteration or change of use takes place, where the relevant works material alteration or the change of use commence or take place, as the case may be, on or after the 1st day of July 2006 except where-

(1)  a planning application is made on or before the 30th day of June 2006 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 the 30th day of June 2008.

(2)  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 the 30th day of June 2006 and where substantial work has been completed by 30th day of June 2008.

For the purposes of these Regulations, “substantial work has been completed” means that the structure of the external walls of the building has been erected.

4.   The Second Schedule to the Building Regulations 1997 ( S.I. No. 497 of 1997 ) is hereby amended by the substitution of the following for Part L:

Part L

Conservation of Fuel and Energy

Conservation of Fuel and Energy

L1    A building shall be designed and constructed so as to ensure that the energy performance of the building is such as to limit the amount of energy required for the operation of the building and the amount of CO2 emissions associated with this energy use insofar as is reasonably practicable.

Dwellings

L2    For dwellings, the requirement of L1 shall be met by-

 

(a)  providing that the CO2 emissions associated with energy use for space heating, water heating, ventilation and lighting of a new dwelling, calculated using a method published by Sustainable Energy Ireland, are limited insofar as is reasonably practicable

 

(b)  limiting heat loss and, where appropriate, maximising heat gain through the fabric of the building

 

(c)  controlling, as appropriate, the output of the space heating and hot water systems

 

(d)  limiting the heat loss from pipes, ducts and vessels used for the transport or storage of heated water or air.

Buildings other than dwellings

L3     For buildings other than dwellings, the requirements of L1 shall be met by-

 

(a)  limiting the heat loss and, where appropriate maximising the heat gains through the fabric of the building

 

(b)  providing energy efficient space and water heating services including adequate control of these services

 

(c)  ensuring that the building is appropriately designed to limit need for cooling and, where air-conditioning or mechanical ventilation is installed, that installed systems are energy efficient, appropriately sized and adequately controlled

 

(d)  limiting the heat loss from pipes, ducts and vessels used for the transport or storage of heated water or air

 

(e)  limiting the heat gains by chilled water and refrigerant vessels, and by pipes and ducts that serve air conditioning systems

 

(f)  providing energy efficient artificial lighting systems (other than emergency lighting, display lighting or specialist process lighting) and adequate control of these systems.

L.S.

Given under the Official Seal of the Minister for the Environment, Heritage and Local Government this 21st day of December 2005

 

DICK ROCHE

______________________________

Minister for the Environment, Heritage and Local Government

EXPLANATORY NOTE

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

The Regulations provide for the introduction of a building energy performance assessment methodology for new Dwellings commencing or after 1 July 2006; as required by Articles 3,4, and 5 of the EU Energy Performance of Buildings Directive (2002/91/EC of 16 December 2002).

The Regulations also amend Part L (Conservation of Fuel and Energy) of the Second Schedule to the Building Regulations1997 to set higher thermal performance/ insulation standards for Non-Domestic buildings where work commences on or after 1 July 2006.

The operative date of 1 July 2006 is subject to the transitional exemption of construction works for which planning permission or approval is applied for on or before 30 June 2006, provided substantial work has been completed by 30 June 2008.