House builders and developers – What you need to know about

the EU Directive

John N Thompson

Building Regulations Division

ODPM

John N Thompson

Building Regulations Division

ODPM

Overview

This part of the presentation looks at the implications of Article 7 for new home builders

Action needed through the Building Regulations

What interim action should ODPM take on current Reg 16 of the Building Regulations ?

This part of the presentation looks at the implications of Article 7 for new home builders

Action needed through the Building Regulations

What interim action should ODPM take on current Reg 16 of the Building Regulations ?

What Reg 16 (Building Regs) and Reg 12 (Approved Inspector Regs) currently say

Require the person creating a dwelling, by new build or conversion:

Calculate SAP rating Notify it to building control Put up a notice of the SAP rating, as soon as practicable,

in a conspicuous place in the dwelling Final deadline (roughly speaking) is five days after

completion of the dwelling If (exceptionally) dwelling is occupied before notice is

posted up, builder must give the notice to the occupier Do not require builders to make SAP ratings directly

available to prospective purchasers

Require the person creating a dwelling, by new build or conversion:

Calculate SAP rating Notify it to building control Put up a notice of the SAP rating, as soon as practicable,

in a conspicuous place in the dwelling Final deadline (roughly speaking) is five days after

completion of the dwelling If (exceptionally) dwelling is occupied before notice is

posted up, builder must give the notice to the occupier Do not require builders to make SAP ratings directly

available to prospective purchasers

How Regulation 16/12 must change to comply with Article 7

Article 7 - when “buildings” are constructed an energy performance certificate must be “made available to the owner”

Implies a duty on the builder

New Regs must apply to wide categories of new buildings non-housing cases not considered in this presentation

What follows are preliminary thoughts - much further work and consultation is needed

Article 7 - when “buildings” are constructed an energy performance certificate must be “made available to the owner”

Implies a duty on the builder

New Regs must apply to wide categories of new buildings non-housing cases not considered in this presentation

What follows are preliminary thoughts - much further work and consultation is needed

New Building Reg requirement – non speculative cases

Builder engaged to build one or more homes on client’s land

Duty to obtain independent certificate, make it available to client

Need for enforcement mechanism, probably involving building control

Timing: leave flexible (as now), subject to duty to obtain amended certificate if circumstances change?

Early certificate could point to opportunities to modify specification during construction

DIY build: self-builder would still need to obtain independent certificate

Builder engaged to build one or more homes on client’s land

Duty to obtain independent certificate, make it available to client

Need for enforcement mechanism, probably involving building control

Timing: leave flexible (as now), subject to duty to obtain amended certificate if circumstances change?

Early certificate could point to opportunities to modify specification during construction

DIY build: self-builder would still need to obtain independent certificate

New Building Reg requirement - speculative cases

Is Builder the same “legal person” as selling developer?

If the same, builder’s duty might be formally satisfied by his compliance (as seller) with HIP legislation

Even if not the same, could duty on builder be waived.. If developer already obtained energy performance

certificate for “off-plan” HIP?

Oblige builder to obtain energy performance certificate, if developer has not done so by completion of dwelling?

Issue still remains - updating energy performance certificate if circumstances change

Is Builder the same “legal person” as selling developer?

If the same, builder’s duty might be formally satisfied by his compliance (as seller) with HIP legislation

Even if not the same, could duty on builder be waived.. If developer already obtained energy performance

certificate for “off-plan” HIP?

Oblige builder to obtain energy performance certificate, if developer has not done so by completion of dwelling?

Issue still remains - updating energy performance certificate if circumstances change

What do we do about Reg 16/12 in the short term?

Target in-force date for Home Information Pack early 2006

Other legislation, to cover rented dwellings, to a similar time scale (see EU Directive deadline)

Replacement of Regs 16/12, to reflect Article 7, needed to a similar time scale

Target in-force date for Home Information Pack early 2006

Other legislation, to cover rented dwellings, to a similar time scale (see EU Directive deadline)

Replacement of Regs 16/12, to reflect Article 7, needed to a similar time scale

What do we do about Reg 16/12 in the short term? (continued)

What can ODPM do to “bridge the gap” over next two-and-a-half years? ensure builders and BCBs understand current

requirements ? seek greater enforcement effort by building control –

Part of joint ODPM/LA/building inspector work on better compliance with Part L (Energy White Paper, para 3.20)?

seek greater industry commitment, including use of more attractive “labels”?

seek voluntary action by industry on presentation of SAP information in sales literature and by sales staff?

action to be proportionate - must not distract from action to prepare for HIP and EU Directive

What can ODPM do to “bridge the gap” over next two-and-a-half years? ensure builders and BCBs understand current

requirements ? seek greater enforcement effort by building control –

Part of joint ODPM/LA/building inspector work on better compliance with Part L (Energy White Paper, para 3.20)?

seek greater industry commitment, including use of more attractive “labels”?

seek voluntary action by industry on presentation of SAP information in sales literature and by sales staff?

action to be proportionate - must not distract from action to prepare for HIP and EU Directive