Good, but could do better?

The consultation document on the proposed revisions of Part L and the implementation of the Energy Performance Of Buildings Directive (EPBD) has given the industry much food for thought. Announcing the proposals to Parliament, Building Regulations minister Phil Hope said: “Raising performance standards and introducing requirements for efficiency in the use of boilers and air conditioning systems will not only make a difference in the drive to tackle climate change, they will also help to create warmer healthier homes and more comfortable and productive workplaces.”

The proposals widen the net to include existing buildings under Part L and also call for air tightness tests to be compulsory for new buildings. The technical requirements of the EPBD will also be incorporated into Part L, and higher performance standards for buildings as a whole, rather than just for the fabric and heating elements, will be included.

Industry experts are concerned however, that the way in which the government proposes to implement the changes could see many of the new recommendations fail to come into effect. Managing director of BRE David Strong says: “We are concerned at the reliance placed on the Housing Bill and on the Secure and Sustainable Buildings Act to provide legislative vehicles for implementation. If either of these bills fail, many of the proposals will be significantly delayed.”

The two main drivers for the changes to the regulations are the Government’s Energy White Paper and the EPBD, both of which cited buildings as responsible for approximately half of all CO₂ emissions. Strong fears that recommendations for an assessment tool to measure the energy performance of commercial buildings are still not addressed by the consultation document. “There remain many unanswered questions associated with a new National Methodology for assessing the energy performance of non-domestic buildings,” says Strong.

There are also concerns with the document’s recommendations for the implementation of the EPBD’s methods for the inspection of boilers and air conditioning systems. Suggestions as to how these inspections are to be carried out have so far amounted to providing simple inspection and advice for all building types with boilers less than 100 kW. “Questions remain over the qualifications and training of the advice providers and just how effective this approach will be at reducing energy consumption,” Strong comments. “On the question of independent inspections and certification for boilers and air conditioning, important decisions must be made soon, since the schemes need to be developed and tested, quality assurance frameworks put in place and independent experts trained to provide the qualified assessors called for by Article 10 of the EPBD.”

The issue of technical guidance on the new regulations has also raised eyebrows. The consultation document states: “The guidance in the draft Approved Document is more strategic in nature, relying on other approved technical references published by industry and the professions for much of the technical detail. Previous editions have been criticised by some for being insufficiently comprehensive, and by others for being too long and unfocussed. The proposed approach is to keep focus by addressing new construction separately, and to convey only the technical goals necessary to achieve compliance and ways of demonstrating compliance.”

Strong says: “Of major concern is that the draft Approved Documents relies on the industry and the professions to provide approved technical references to support the changes. Without this input, specific requirements may be unclear and application could prove difficult. Support will be needed in the preparation and publication of these documents, as well as in training of inspectors and other professionals.”

Strong also expressed concerns that groups opposed to the changes would obstruct the passage of the bills, resulting in a watered down version of the regulations. “Many of the changes may be resisted by organisations opposed to delivering higher construction quality and energy efficiency, and it would be unfortunate if the proposals contained in the consultation are weakened as a consequence of lobbying from these groups.”

• The full document is at www.odpm.gov.uk .BRE is holding a one day seminar on implementing the EPBD on 14th October. See www.bre.co.uk for details.