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