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Legislation & Recent Changes to Law

Legislation & Recent Changes to Law

Recent legislation

The list below shows new laws and regulations, recently issued and just come, or soon to be coming, into force and that impact on the work of Building Services Engineers. These are listed in order of the date each comes into force (latest first). For each we state the date or dates when the act or instrument does come into force, its location within the legislation.gov website (from where it can be freely downloaded) and a short description of the main changes it introduces. This list cannot be considered as definitive but is presented to help keep CIBSE members up to date on laws affecting their work.

If there is additional legislation that you think could and should be included here, please send suggestions to npeake@cibse.org.

Building (Amendment) Regulations 2018 (SI 2018 No. 1230)
Coming into force: 21 Dec 2018
Includes new definitions of wall, changes to ‘materials and workmanship’ and their fire testing requirements, ‘material change of use’ and in particular application to relevant buildings (18m and above).
http://www.legislation.gov.uk/uksi/2018/1230/pdfs/uksi_20181230_en.pdf

Building Regulations (Part L Amendment) Regulations 2017 (Irish Republic SI 2017 No. 538)
Coming into force: 1 Jan 19
Amends Part L (Conservation of Fuel and Energy) of the Building Regulations 1997-2017 to set higher building energy performance standards and introduce a requirement over energy performance when undergoing a non-domestic building is major renovation.
http://www.housing.gov.ie/sites/default/files/legislations/s.i._538_of_2017.pdf

Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2018 (SI 2018 No. 362)
Coming into force: 6 Apr 18
Amends SI 2012/3118.
http://www.legislation.gov.uk/uksi/2018/362/pdfs/uksi_20180362_en.pdf

Building (Amendment) Regulations 2017 (SI 2017 No. 856)
Coming into force: 1 Oct 17 & 28 Feb 18
Regulation 2 updates the list of competent person schemes that appear in Schedule 3 to the Building Regulations 2010.
http://www.legislation.gov.uk/wsi/2015/1486/pdfs/wsi_20151486_mi.pdf

Energy Performance of Buildings (Scotland) Amendment Regulations 2017 (SI 2017 No. 225)
Coming into force: 1 Oct 17
These Regulations amend the Energy Performance of Buildings (Scotland) Regulations 2008 (“the 2008 Regulations”).
http://www.legislation.gov.uk/ssi/2017/225/pdfs/ssi_20170225_en.pdf

Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) (No. 2) Regulations 2017 (SI 2017 No. 857)
Coming into force: 20 Sep 17
These Regulations amend the RHI Scheme Regulations 2011 and the Domestic RHI Scheme Regulations 2014. They make a number of changes to the former including: aligning biomass tariffs; amendments to biomass tariff tiering; and changes to the total expenditure, technology-specific expenditure and related figures for assessment dates from 31st October 2017. They also make a number of changes to the 2014 Regulations including: limits on the maximum amount of heat that is eligible for support; increasing the tariffs for all technologies except solar thermal; changes to the technology-specific expenditure and related figures for assessment dates from 31st October 2017.
http://www.legislation.gov.uk/uksi/2017/857/pdfs/uksi_20170857_en.pdf

Building (Miscellaneous Amendments) (Scotland) Regulations 2017 (SI 2017 No. 188)
Coming into force: 1 Jul 17
These Regulations amend a number of Regulations including the Building (Scotland) Regulations 2004.
http://www.legislation.gov.uk/ssi/2017/188/pdfs/ssi_20170188_en.pdf

Building (Miscellaneous Amendments) (Scotland) Amendment Regulations 2017 (SI 2017 No. 214)
Coming into force: 30 Jun 17
These Regulations amend the Building (Miscellaneous Amendments) (Scotland) Regulations 2017.
http://www.legislation.gov.uk/ssi/2017/225/pdfs/ssi_20170225_en.pdf

Building Regulations (Amendment) Regulations 2017 (Irish Republic SI 2017 No. 4)
Coming into force: 1 Jan 17
http://www.irishstatutebook.ie/eli/2017/si/4/made/en/pdf

Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2016 (SI 2016 No. 395)
Coming into force: 1 Dec 16
These Regulations amend the Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland) 2008.
http://www.legislation.gov.uk/nisr/2016/395/pdfs/nisr_20160395_en.pdf

Energy Performance of Buildings (England and Wales) (Amendment) (No. 2) Regulations 2016 (SI 2016 No. 888)
Coming into force: 1 Oct 2016
These Regulations amend the Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012/3118, as amended)
http://www.legislation.gov.uk/uksi/2016/888/pdfs/uksi_20160888_en.pdf

Energy Efficiency (Private Rented Property) (England and Wales) (Amendment) Regulations 2016 (SI 2016 No. 660)
Coming into force: 22 Jun 16
These amend the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 which introduce measures to improve the energy efficiency of certain private rented property in England and Wales.
http://www.legislation.gov.uk/uksi/2016/660/pdfs/uksi_20160660_en.pdf

Building (Amendment) Regulations 2016 (SI 2016 No. 490)
Coming into force: 9 May 2016
These Regulations amend the Building Regulations 2010 (S.I. 2010/2214, as amended). They implement Article 8 (in-building physical infrastructure for high-speed electronic communications networks) of Directive 2014/61/EU of the European Parliament and of the Council on measures to reduce the cost of deploying high-speed electronic communications networks (“Directive 2014/61/EU”).
http://www.legislation.gov.uk/uksi/2016/490/pdfs/uksi_20160490_en.pdf

Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2016 (SI 2016 No. 257)
Coming into force: 24 Mar 16
These Regulations apply to Great Britain and amend the Renewable Heat Incentive Scheme Regulations 2011 (the “2011 Regulations”) and the Domestic Renewable Heat Incentive Scheme Regulations 2014 (the “2014 Regulations”). The 2011 Regulations and 2014 Regulations create schemes under which owners of plants which generate heat from specified renewable sources and meet specified criteria, and producers of biomethane for injection, may receive payments at prescribed tariffs for heat used for eligible purposes.
http://www.legislation.gov.uk/uksi/2016/257/pdfs/uksi_20160257_en.pdf

Energy Performance of Buildings (Scotland) Amendment Regulations 2015 (SI 2015 No. 386)
Coming into force: 12 Dec 2015
These Regulations amend the Energy Performance of Buildings (Scotland) Regulations 2008  which transpose Directive 2010/31/EU.
http://www.legislation.gov.uk/ssi/2015/386/pdfs/ssi_20150386_en.pdf

Renewables Obligation (Scotland) Amendment Order 2015 (SI 2015 No. 384)
Coming into force: 1 Dec 2015
This Order amends the Renewables Obligation (Scotland) Order 2009 (“the principal Order”). Most of the amendments relate to the use of biomass to generate electricity.
http://www.legislation.gov.uk/ssi/2015/384/pdfs/ssi_20150384_en.pdf

Energy Performance of Buildings (England and Wales) (Amendment) (No. 2) Regulations 2015 (SI 2015 No. 1681)
Coming into force: 9 Oct 2015
These Regulations amend the Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012/3118, as amended)
http://www.legislation.gov.uk/uksi/2015/1681/pdfs/uksi_20151681_en.pdf

Building (Amendment) (Wales) Regulations 2015 (SI 2015 No. 1486) (W165)
Coming into force: 31 Dec 15 & 31 Jul 15
Amend the Building Regulations 2010 in relation to Wales substituting the self-certification schemes and exemptions Table (in Schedule 3) and amends the bodies who may certify compliance with the pressure testing regulation 43(4).
http://www.legislation.gov.uk/wsi/2015/1486/pdfs/wsi_20151486_mi.pdf

Building (Scotland) Amendment Regulations 2015 (SSI 2015 No. 218)
Coming into force: 1 Oct 15 & 9 Jul 15
Amend the Building (Scotland) Regulations 2004 including requirement for an EPC to be displayed within public buildings with a floor area of more than 250 square metres in implementation of the recast energy performance of buildings Directive (2010/31/EU).
http://www.legislation.gov.uk/ssi/2015/218/contents/made

Energy Performance of Buildings (England and Wales) (Amendment) (No. 2) Regulations 2015 (SI 2015 No. 1681)
Coming into force: 9 Oct 15
These Regulations amend the 2012 Regulations, inserting new regulations into the principal Regulations that:
- Require that local authorities arrange for the enforcement of obligations under the Regulations against them in relation to their own buildings by agreement with the local weights and measures authority of another area.
- Provide for the collection by enforcement authorities of sufficient information concerning buildings to enable them to plan effective enforcement action in accordance with guidance from the Secretary of State, and
- Provide for the annual reporting to the Secretary of State by enforcement authorities.
http://legislation.data.gov.uk/uksi/2015/1681/made/data.pdf

Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) (No. 2) Regulations 2015 (SI 2015 No. 1459)
Coming into force: 26 Sep 15 & 27 Jul 15
Amend the Renewable Heat Incentive Scheme Regulations 2011 and the Domestic Renewable Heat Incentive Scheme Regulations 2014. Both Regulations create schemes under which owners of plants which generate heat from specified renewable sources and meet specified criteria, and producers of biomethane for injection, may receive payments at prescribed tariffs for heat used for eligible purposes.
http://www.legislation.gov.uk/uksi/2015/1459/contents/made

The Coming into force: 1 Jul 15 & 1 Jan 15
Amend the Ecodesign for Energy-Related Products Regulations 2010 and the Energy Information Regulations 2011 and includes adding new products small, medium and large power transformers; ventilation units and adds residential ventilation units to Schedule 1 (EU measures).
http://www.legislation.gov.uk/uksi/2015/469/contents/made

Construction (Design and Management) Regulations 2015 (SI 2015 No. 51)
Coming into force: 6 Apr 15
Revoke and re-enact, with modification the CDM Regulations 2007. Principal changes include the role of CDM co-ordinator being and various duties have been recast including client duties. The key changed role is that of Principal Designer.
The transitional arrangements period under CDM 2015 (6 April 2015 - 5 Oct 2015) draws nearer, the following information has been offered by HSE:
Q. If our project runs beyond 5 Oct 2015, must a principal designer be appointed, or can we continue with the services of the CDM co-ordinator until the end of the project?
A. The law requires that CDM co-ordinator appointments must come to an end by 6 Oct and a principal designer must be appointed in writing by that date, even if the project only has a matter of weeks to run before it reaches completion after that date. The law also states that if a client fails to appoint a principal designer, then the client automatically assumes the principal designer role. If a project runs beyond 5 Oct but is near to completion and the client believes that all design work has ended, then they may decide not to appoint a third party as principal designer and assume the role themselves, in the knowledge that they would have very little, if anything at all, to do. This is a pragmatic solution to what is likely to be a common occurrence. However, if there is still ongoing design work, then a principal designer must be appointed, whether that be a third party or a role assumed by the client. As at any other time, the principal designer must have the required skills, knowledge and experience to take on and fulfil the role.

It should be noted that it is not a requirement for CDM co-ordinators who were in post on 6 April to continue right up to 5 Oct (a principal designer could of course have been appointed any time during the transitional period) and the Regulations and HSE's legal series guidance (L153) have been available since January 2015, to allow industry to plan for the changes, including the transitional arrangements.
http://legislation.data.gov.uk/uksi/2015/51/made

Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2015 (SI 2015 No. 609)
Coming into force: 6 Apr 15
Amend the Energy Performance of Buildings (England and Wales) Regulations 2012 (as amended), including to section requiring periodic inspection of certain air-conditioning systems; replacing small and medium data packs with a new regular data pack and making other smaller changes and clarifications eg over energy assessor reports.
http://www.legislation.gov.uk/uksi/2015/609/contents/made

Building Regulations &c (Amendment) Regulations 2015 (SI 2015 No. 767)
Coming into force: 1 Apr 15, 1 Oct 15 & 31 Dec 15
Amend the Building Regulations 2010 as amended by SI 2011 No. 1515, SI 2012 No. 718, SI 2012 No. 3119, SI 2013 No. 181, SI 2013 No. 1105, SI 2013 No. 1959, SI 2014 No. 579 and SI 2014 No. 2362). Amendments include a new Part Q (security); introduction of an optional requirement for water efficiency in certain new dwellings; and substitutes a new Part M (access to and use of buildings).
http://www.legislation.gov.uk/uksi/2015/767/contents/made

Renewable Heat Incentive Scheme (Amendment) (No. 2) Regulations 2015 (SI 2015 No. 477)
Coming into force: 4 Mar 15
Correcting an error in the Renewable Heat Incentive Scheme (Amendment) Regulations 2015.
http://www.legislation.gov.uk/uksi/2015/477/contents/made

Renewable Heat Incentive Scheme (Amendment) Regulations 2015 (SI 2015 No. 197)
Coming into force: 12 Feb 15
Make numerous amendments to the Renewable Heat Incentive Scheme Regulations 2011, including adding a new regulation 42 (periodic support payments to producers of biomethane).
http://www.legislation.gov.uk/uksi/2015/197/contents/made

Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2015 (SI 2015 No. 145)
Coming into force: 5 Feb 15 & 5 Oct 15
Imposes requirements on solid biomass or biogas used to generate heat and on biomethane which is injected. These requirements will, from 5th Oct 2015, require compliance with lifecycle greenhouse gas emission limits and restrict the place from which solid biomass or feedstock for biogas or biomethane can be sourced.
http://www.legislation.gov.uk/uksi/2015/145/contents/made

Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2015 (SI 2015 No. 143)
Coming into force: 5 Feb 15
Amendments include to Part 2 of the principal regulations which set out eligibility criteria which must be met before a plant can participate in the scheme. In particular, the amendments clarify that biomass stoves which generate heat for cooking food are eligible for the scheme if such heat generation is incidental to, and cannot be controlled separately from, space or hot water heating.
http://www.legislation.gov.uk/uksi/2015/143/contents/made