INDEX

1.Citation

2.Commencement

3.Interpretation generally

4.Application

5.Amendments to the Building Regulations 1997 - 2008

S.I. No. 259 of 2011

BUILDING REGULATIONS (PART L AMENDMENT) REGULATIONS 2011

Notice of the making of this Statutory Instrument was published in

"Iris Oifigiúil" of 7th June, 2011.

I, PHIL HOGAN, Minister for the Environment, Community and Local Government, in exercise of the powers conferred on me by sections 3 and 18 of the Building Control Act 1990 (No. 3 of 1990), hereby make the following regulations:-

Citation

1. (1) These Regulations may be cited as the Building Regulations (Part L Amendment) Regulations 2011.

(2) The Building Regulations 1997 - 2008 and these Regulations may be cited together as the Building Regulations 1997 to 2011 and shall be construed together as one.

Commencement

2. Subject to Regulation 4, these Regulations shall come into operation on 1 December 2011.

Interpretation generally

3. In these Regulations:-

"Building Regulations 1997 - 2008" means the Building Regulations 1997 ( S.I. No. 497 of 1997 ) as amended by the Building Regulations (Part L Amendment) Regulations 2008 ( S.I. No. 259 of 2008 );

"DEAP" means the relevant version of the Dwelling Energy Assessment Procedure published by the Sustainable Energy Authority of Ireland;

"substantial work has been completed" means that the structure of the external walls of the dwelling has been erected;

"Sustainable Energy Authority of Ireland" means the body established under section 4 of the Sustainable Energy Act 2002 (No. 2 of 2002).

Application

4. These Regulations shall apply to the provision of a dwelling (including a flat), whether by new construction, material alteration or change of use, where the relevant works or change of use commence or take place, as the case may be, on or after 1 December 2011 except where:-

(a) a planning application is made on or before 30 November 2011 for planning permission or approval pursuant to the Planning and Development Act 2000 (No. 30 of 2000) and where substantial work has been completed by 30 November 2013; or

(b) a notice pursuant to the provisions of Part 8 of the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ) has been published on or before 30 November 2011 and where substantial work has been completed by 30 November 2013.

Amendments to the Building Regulations 1997 - 2008

5. The Building Regulations 1997 - 2008 are amended by substituting for Part L of the Second Schedule, in so far as it relates to dwellings, the following:-

"Part LConservation of Fuel and Energy

L1 A building shall be designed and constructed so as to ensure that the energy performance of the building is such as to limit the amount of energy required for the operation of the building and the amount of carbon dioxide (CO₂) emissions associated with this energy use insofar as is reasonably practicable.

L2 For existing dwellings, the requirements of L1 shall be met by:-

(a) limiting heat loss and, where appropriate, maximising heat gain through the fabric of the building;

(b) controlling, as appropriate, the output of the space heating and hot water systems;

(c) limiting the heat loss from pipes, ducts and vessels used for the transport or storage of heated water or air;

(d) providing that all oil and gas fired boilers installed as replacements in existing dwellings shall meet a minimum seasonal efficiency of 90% where practicable.

L3 For new dwellings, the requirements of L1 shall be met by:-

(a) providing that the energy performance of the dwelling is such as to limit the calculated primary energy consumption and related carbon dioxide (CO₂) emissions insofar as is reasonably practicable, when both energy consumption and carbon dioxide (CO₂) emissions are calculated using the Dwelling Energy Assessment Procedure (DEAP) published by Sustainable Energy Authority of Ireland;

(b) providing that, for new dwellings, a reasonable proportion of the energy consumption to meet the energy performance of a dwelling is provided by renewable energy sources;

(c) limiting heat loss and, where appropriate, availing of heat gain through the fabric of the building;

(d) providing and commissioning energy efficient space and water heating systems with efficient heat sources and effective controls;

(e) providing that all oil and gas fired boilers shall meet a minimum seasonal efficiency of 90%;

(f) providing to the dwelling owner sufficient information about the building, the fixed building services and their maintenance requirements so that the building can be operated in such a manner as to use no more fuel and energy than is reasonable."

GIVEN under my Official Seal,

10 May 2011.

PHIL HOGAN,

Minister for the Environment, Community and Local Government.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations amend Part L (Conservation of Fuel and Energy) of the Second Schedule to the Building Regulations 1997 - 2008 to set higher thermal performance / insulation standards for domestic buildings where work commences on or after 1 December 2011.

The operative date is subject to transitional arrangements in relation to:-

(a) dwellings for which planning permission or approval is applied for on or before 30 November 2011, and where substantial work has been completed by 30 November 2013; or

(b) a notice under Part 8 of the Planning and Development Regulations 2001 ( S.I. No. 600 of 2001 ) is published on or before the 30 November 2011 and where substantial work has been completed by 30 November 2013.