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New Building Regulations (2006)

The 2006 Approved Documents relating to Conservation of fuel and power have introduced new terminology and have brought work, which could previously be undertaken without the need for an application to be submitted, under Building Regulation control. Some of the new terminology is briefly described below.

Thermal Element; A thermal element is a wall, floor or roof which separates a thermally conditioned (heated or cooled) space from:   

• the outside (including the ground); or
• a part of the building which is an unconditioned space; or
• a part of the building which is exempt such as a porch or conservatory; or
• a part of the building which is conditioned to a different temperature.     

Windows, doors, roof windows or rooflights are not thermal elements, they are termed as Controlled Fittings.

Renovation of thermal elements means either the provision of a new layer in the thermal element or the replacement of an existing layer of the thermal element. When renovation to more than 25% of the surface area of the thermal element is proposed it will be necessary to submit a Building Regulations application and for upgrading work to be carried out so that the element achieves U values provided within the Approved document.   

Where upgrading is not technically or functionally feasible or simple payback over 15 years or less would not be achieved the element should be upgraded to the best standard possible and which can be achieved within a simple payback of no greater than 15 years. The Approved Document gives guidance on the level of upgrading which would be expected in these circumstances.

Examples of renovation work to thermal elements which require an application to be made include:

• replacement of slate/tile roof covering;
• removal of plaster on a masonry wall and replacement with a dry lining;
• replacement of felt on a flat roof;
• renewal of ceiling to a cold loft space;
• renewal of cladding to side walls of a dormer; and
• renovation of a solid or suspended floor involving the replacement of screed or a timber floor deck.

Upgrading will also be required where thermal elements are being retained in the following circumstances:

• where the existing thermal element is part of a building subject to a material change of use; or
• where an existing element is to become part of the thermal envelope where it was not before; or
• where an existing element is being upgraded as a consequential improvement (see below).        

As an example, imagine a proposed loft conversion in a semi detached property where the roof space is currently insulated at ceiling level. There are three elements that become part of the heated envelope:

• the gable wall;
• the party wall within the loft space; and
• the sloping roof      

These elements are classed as retained thermal elements and need to be improved to meet the standards in the Approved Document UNLESS they already meet threshold U values.  

Consequential improvements – this requirement relates to non domestic buildings with a floor area exceeding 1000m2 which is either:  

• being extended;
• having fixed building services fitted for the first time (for instance internal or external lighting - except for escape lighting and specialist process lighting, or heating, hot water systems, air conditioning or mechanical ventilation); or
• increasing the installed capacity of fixed building services      

It is a requirement that improvements in addition to the principal works are carried out providing they are technically, functionally and economically feasible. Payback achieved within 15 years is considered to be economically feasible.

Where a building is extended, the value of consequential improvements should be not less than 10% of the value of the principal works. The examples below show the type of work which could be considered as a consequential improvement to an extended building: 

• upgrading heating systems more than 15 years old by providing new plant or improved controls;
• upgrading general lighting systems;
• installing energy metering; and
• upgrading thermal elements which do not achieve threshold values        

replacing existing windows, roof windows or rooflights or doors which have a U value worse than 3.3W/m2K

Where a fixed building service is being installed for the first time it will be necessary to improve the parts of the building served by the new installation AND carry out improvements shown in the bullet list above.

The new requirements are complicated and we fully appreciate the difficulties you are experiencing. We are still trying to make sense of it ourselves, however we will do our best to answer any queries you may have.  

Please contact Building Control on 08458 495403 if you have any queries or concerns and particularly if you are unsure whether or not a proposed scheme requires an application to be submitted.

New Fire Law

On 1st October 2006, the new Regulatory Reform (Fire Safety) Order 2005 comes into effect applying to virtually all premises, except private domestic dwellings.

All persons having responsibility for the premises have a duty to ensure the fire safety of anybody in or in the vicinity of their premises.

If you are in such a position to be reponsible for the premises and require further information please link through to the following website: firesafetyguides.communities.gov.uk

Domestic Solar Panels and Wind Powered Generators

In our opinion a Building Regulation application will be required for the installation of solar panels on a building and also if free standing, and electrical work is not being carried out by a registered competent person.

A Building Regulation  application will be required for the installation of a wind powered generator on a dwelling and also if free standing, and electrical work is not being carried out by a registered competent person.  

Planning permission may be required for  these works. Please telephone 08458 30 40 40 and ask for technical planning advice.