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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. For each we state the date or dates when the act or instrument comes 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.

The Building (Amendment) (Wales) Regulations 2015 (SI 2015 No. 1486) (W165)
Coming into force: 31-Dec-15 & 31 Jul 15
http://www.legislation.gov.uk/wsi/2015/1486/contents/made

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).


The Building (Scotland) Amendment Regulations 2015 (SSI 2015 No. 218)
Coming into force: 1 Oct 15 & 9 Jul 15
http://www.legislation.gov.uk/ssi/2015/218/contents/made

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).


The Energy Performance of Buildings (England and Wales) (Amendment) (No. 2) Regulations 2015 (SI 2015 No. 1681)
Coming into force: 9-Oct-15
http://legislation.data.gov.uk/uksi/2015/1681/made/data.pdf

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.


The 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
http://www.legislation.gov.uk/uksi/2015/1459/contents/made

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.


The Ecodesign for Energy-Related Products and Energy Information (Amendment) Regulations 2015 (SI 2015 No. 469)
Coming into force: 1-Jul-15 & 1-Jan-15
http://www.legislation.gov.uk/uksi/2015/469/contents/made

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).


The Construction (Design and Management) Regulations 2015 (SI 2015 N0. 51)
Coming into force: 6-Apr-15
http://legislation.data.gov.uk/uksi/2015/51/made

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.


The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2015 (SI 2015 No. 609)
Coming into force: 6-Apr-15
http://www.legislation.gov.uk/uksi/2015/609/contents/made

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.


The Building Regulations &c (Amendment) Regulations 2015 (SI 2015 No. 767)
Coming into force: 1-Apr-15, 1-Oct-15 & 31-Dec-15
http://www.legislation.gov.uk/uksi/2015/767/contents/made

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).


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

Correcting an error in the Renewable Heat Incentive Scheme (Amendment) Regulations 2015.


The Renewable Heat Incentive Scheme (Amendment) Regulations 2015 (SI 2015 No. 197)
Coming into force: 12-Feb-15
http://www.legislation.gov.uk/uksi/2015/197/contents/made

Make numerous amendments to the Renewable Heat Incentive Scheme Regulations 2011, including adding a new regulation 42 (periodic support payments to producers of biomethane).


The 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
http://www.legislation.gov.uk/uksi/2015/145/contents/made

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.


The Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2015 (SI 2015 No. 143)
Coming into force: 5-Feb-15
http://www.legislation.gov.uk/uksi/2015/143/contents/made

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.