Estate Strategy & Policy Directorate. Policy Instruction. Construction Policy. 12/04/06 Number 08/2006
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1 Estate Strategy & Policy Directorate Policy Instruction Construction Policy 12/04/06 Number 08/2006 Subject: To be read by: For action: COMPLIANCE WITH THE BUILDING REGULATIONS PART L CONSERVATION OF FUEL AND POWER CEstOs, TLB Holders, Project Sponsors, MOD Project Managers and others within the IPT (for both Prime, PFI/PPP and traditionally procured contracts), Compliance Certifiers (CCERT), Building Control Advisers (BCA) s, Defence Estates (DE) Advisors and Property Managers/Site Estate Representatives with responsibility for MOD projects and Property Management Works Services (including the legacy work of EWC s/wsms). For information: When it takes effect: Immediately Contact Point: DE BCO: Alexander Hewitson; T: Senior Building Surveyor Tracy Price; T: Senior Building Surveyor Defence Estates, Construction Support Team, Sutton Coldfield, B75 7RL Aim of this Policy Instruction (PI) is to: To provide clear policy affecting Defence construction as a consequence of this new legislation. To raise awareness as a consequence of the key changes to the Building Regulations Part L, Conservation of fuel and power. To provide clear guidance on which types of construction activity are affected. To ensure all Defence construction projects affected by the legislation adopt a consistent approach and interpretation to the introduction of the new regulations. 1
2 1. Mandate All MOD construction projects are required to comply with the Government s minimum construction standards as mandated by the UK Building Regulations. This PI applies to all defence construction projects involving building work as defined in Part II of the Building Regulations 2000 (as amended). Relevant building works on the Defence Estate should follow the processes and procedures as detailed in the Building Standards Compliance System (BSCS). 2. Introduction The Building Regulations are a set of minimum requirements designed to ensure the health and safety of people in and around all types of buildings. They also ensure for issues such as structural stability, safe means of escape in case of fire, hygiene and access and facilities for all. The Building Regulations also have an important role in promoting improved energy efficiency through the conservation of fuel and power. The UK Government is obligated, under international protocol, to reduce the emission of the greenhouse gases that are seen as a major contributor to global climate change. Significant improvements in the Building Regulations energy efficiency provisions are seen as a major contributor towards achieving the target reduction in carbon emissions. There are detail differences between the regulations for England and Wales, Scotland and Northern Ireland (NI). However, the European Directive on the Energy Performance of Buildings applies to all EU member states. The Scottish Building Standards Agency and the Department of Finance and Personnel in NI are reviewing their respective technical documents. For further information see Para Building Regulation Compliance As previously stated, all relevant MOD construction projects are required to comply with the Building Regulations. This is regardless as to the type of project or procured contract method.* DE has in place the Building Standards Compliance System (BSCS) to ensure that appropriate construction works comply with the Building Regulations. The Authority to ensure compliance with the Building Regulations on the MOD Estate is vested within DE. To achieve compliance with the relevant Building Regulations, the BSCS is based upon third party certification from an appropriately qualified and experienced Building Control Practitioner, known as a Building Control Adviser (BCA). Third party certification is predicated on the appropriate work being designed and constructed in accordance with the relevant Building Regulations. For Defence construction projects, the Approved Documents supporting the regulations should be adopted as the minimum design solutions required to meet the requirements of the Building Regulations. The effectiveness of Building Regulation compliance on any particular project can be assessed through the verification check. This will only apply to projects selected by DE for this function. 4. Requirements In terms of the UK Government s implementation of the European Energy Directive the aim of the new Building Regulations is to improve the energy efficiency of all new and existing buildings, when they are extended or altered. Part L of Schedule 1 to the Building Regulations will deal separately with dwellings and buildings other than dwellings. The amendments raise the energy performance of new building by 20 per cent for dwellings and up to 27 per cent for other buildings. Taking account of changes already made in 2002 energy efficiency standards will have been 2
3 raised 40 per cent over four years. The Approved Documents supporting the functional requirements of the Building Regulations will be as follows: Part L Conservation of fuel and power in: Part L1A Construction of new dwellings and extensions Part L1B Work in existing dwellings Part L2A New buildings other than dwellings Part L2B Existing buildings other than dwellings The key changes are to: Reduce carbon emissions in new and extended buildings by a figure in the region of 20 to 25% compared to current standards. Implement a National Calculation Methodology (NCM) for the assessment of carbon emissions. Require the improvement of energy performance of buildings with floor areas over 1000m2 as a consequence whenever these buildings are subject to major works. Require statutory air leakage testing of newly constructed and significantly extended buildings having a floor area over 500m 2. Require the testing of ductwork in accordance with CIBSE standard testing procedures. For heating and hot water systems the application has been changed to encompass overall system performance rather than just controls. New requirements have been introduced to address the performance of air conditioning and mechanical ventilation systems. Pass on simple instructions to building owners in order to ensure efficient and knowledgeable use of building services. For changes in Technical Guidance refer to Approved Documents Part L1A L2B specified above. Detailed information can also be obtained from the ODPM website (see paragraph 10). Project specific advice should be sought from the relevant appointed BCA (see paragraph 3). Approved Document Part L2B Existing buildings other than dwellings, requires energy performance improvement for buildings over 1000 sq. m. as a consequence of construction work. Part L2B lists exemptions, including statutorily protected buildings. Consideration is also given to Historic Buildings, which do not fall within the exemption category, including those of special historic or architectural value where the aim is to improve energy efficiency where and to the extent that is practically possible. 5. Transitional Provisions The key issues are: The transitional provisions are important because they determine whether projects that have already commenced will be affected by Part L. Construction projects will need to take account of the implementation date of the new regulations of 6 April Construction projects that have already commenced will continue to comply with the current Part L. Any construction project which has not commenced, but is sufficiently advanced in design such that the appointed BCA can issue, with the relevant PM/IPTL, the appropriate Design Certificate prior to the implementation date, then this will need to comply with the current Part L. This is subject to the construction works commencing before 1 April Construction projects outside of these criteria must meet the requirements of the new Part L. 3
4 The commencement of works should follow the definition as detailed by the Office of the Deputy Prime Minister. 6. Non-commencement of Previously Approved Designs Limitations will be placed on previously approved designs which for whatever reason have not commenced. The purpose is to avoid non-compliant works being constructed. Therefore any project not commenced within three years of the design having being completed and/or the Design Certificate issued, is to be redesigned in accordance with the latest current revision of the Building Regulations including the Part L Provisions covered by this PI. Consideration should be given to the transitional provision arrangements as detailed previously within this PI. Attention is drawn to the contractual requirements and obligations with regards to regulatory compliance which may be appropriate at the time a project is revisited or commenced. 7. Overseas For work in overseas locations, the policy to be followed is that the Building Regulations for England and Wales are to be adopted. Where host nation standards dictate a more onerous requirement, these are to be adopted in addition to the Building Regulations for England and Wales. For example, applying the Seismic Code in locations prone to earthquakes. The Overseas Business Unit (OBU) and the DE Construction Support Team (CST) will be able to provide further advice on application. ** 8. Timescale for Implementation At the time of publication, the ODPM consultation documents are marked draft and could be subject to change. However, it is unlikely that the fundamental principles of meeting the Government s obligation with regards to the European Energy Directive will alter significantly. Any changes are therefore expected to be minimal. Full compliance with the Building Regulations will therefore still be expected as a minimum requirement. 9. Future Information As the implementation of the European Directive on the Energy Performance of Buildings progresses and additional regulatory changes made, which will impact on the Defence Estate, further PI s and guidance will be published through DE ES&P. 10. Links to other Relevant Organisations Office of the Deputy Prime Minister ( Scottish Building Standards Agency ( Northern Ireland Department of Finance and Personnel ( The Royal Institute of Chartered Surveyors ( * Further information including definitions regarding types of projects can be found within JSP 434: Defence Construction in the Built Environment ** Further policy and guidance with regards to meeting the requirements and standards for the estate overseas will be issued in due course. 4
5 Estate Strategy & Policy Directorate Policy Instructions 2005/06 Index 08/2006 Compliance with the Building Regulations Part L Conservation of fuel and power 07/2006 Avian Bird Flu 06/2006 Not Yet Issued 05/2006 Avian Influenza Requirement to register bird-stocks on the Great Britain Poultry Register 01-04/ /2005 Not Yet Issued Families Quarters Estate (FQE) Sale - Guidance Note 16A: Easement rights through FQE subject to under-lease from Annington Property Ltd (APL) 29/2005 Installation, commissioning and maintenance of aeronautical ground lighting cable circuits 28/2005 Partial Discharge Inspection Guidance 27/2005 Requirement to add an additional clause to Leases on byelawed properties 26/2005 Not Yet Issued 25/2005 Families Quarters Estate (FQE) Sale - Guidance Note 28: Protocol for exploiting Exclusive Marriage Value Opportunities 24/2005 Electricity Safety, Quality and Continuity Regulations (ESQCR) /2005 Not Yet Issued 22/2005 Tree Maintenance and Planting Policy 21/2005 Declaration of Intent between the MOD and the Association of National Park Authorities 20/2005 Wider Markets Initiative Selling Into Wider Markets: MOD Guide to Income Generation 19/2005 Not Yet Issued 18/2005 Land Quality Assessment (LQA) - Information TLBs and Projects must provide DE in advance of commissioning Phase One LQAs. 17/2005 Not Yet Issued 16/ / /2005 Revised requirement to continually update Aquatrine on Disposals (including releases to Annington); Acquisitions; Lettings (Entitled and Non Entlitled consumers) and Hirings Proposed Procedures to resolve leasing conflicts between Aquatrine and other PPP/PFI or similar MOD projects/ initiatives UPDATE TO PI 05/2005: Non High Frequency Lighting Fittings Only, Manufactured by Cooper Lighting and Security Ltd in Crompton Brand and in Distributors own brands 13/2005 Not Yet Issued 12/2005 Clawback Review Revised Standard Clause and Guidance 11/2005 MOD Approved Training Providers for Authorising Engineer and Authorised Person Courses 10/2005 Project Aquatrine - Arrangements for recording and MOD - wide visibility of its leases If you require a copy of any of the Policy Instructions listed above please download from or contact the Defence Estates Library: DE Library Kingston Road, Sutton Coldfield West Midlands, B75 7RL Tel: ( ) - [email protected]
