Appendix 1
S.I. 2011/1515: memorandum from the Department
for Communities and Local Government
Building (Amendment) Regulations 2011 (S.I. 2011/1515)
1. The Committee has requested a memorandum on
the following point:
Is the amendment made by paragraph (a) of regulation
2, the start of which appears to include a surplus "2007",
correct? If so, explain what is meant in the amended regulation
9 by buildings which are exempt from the Building Regulations
2010 by virtue of regulation 21 of those Regulations.
2. We consider that the amendment to regulation
9 of the Energy Performance of Buildings (Certificates and Inspections)
(England and Wales) Regulations 2007 ("the 2007 Regulations")
made by this instrument is correct. The consolidation of Building
Regulations which was achieved by the Building Regulations 2010
("the 2010 Regulations") included a consequential amendment
to the date of the Building Regulations referred to in regulation
9(1) of the 2007 Regulations, but no other changes were made to
that regulation.
3. The allowable exemptions to the energy efficiency
requirements of the Building Regulations were originally in regulation
9 of the Building Regulations 2000 (as amended), but on consolidation
moved to regulation 21 of the 2010 Regulations. We therefore considered
that regulation 9 of the 2007 Regulations should be amended to
refer instead to regulation 21. In addition, we did not see the
need to retain regulation 9(1)(b) to (d) in the 2007 Regulations
as these categories of exempt buildings are already set out in
regulation 21 of the 2010 Regulations.
4. The categories of building listed in regulation
21 are exempt from the energy efficiency requirements of the 2010
Regulations, and this is conveyed in regulation 9 of the 2007
Regulations by referring to buildings exempt from the 2010 Regulations
by virtue of regulation 21. We consider this would be easily understood
in the context of regulation 9 of the 2007 Regulations as those
Regulations are concerned with the energy performance of buildings.
5. In making this amendment to the 2007 Regulations,
we have not altered the drafting approach previously taken in
those Regulations, and are not aware that any practical difficulties
have resulted from this approach.
6. We accept that there is a surplus date in
regulation 2 of the Building (Amendment) Regulations 2011, which
was unfortunately overlooked when a definition of the 2007 Regulations
was added to the Regulations.
Department for Communities and Local Government
12th July 2011
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