The government could be taken to court over decision to axe improvements to the consequential improvements element of Part L of the Building Regulations.

The proposed improvements would have forced building owners who carry out major refurbishments to spend a further 10% of the cost on improving the energy efficiency of the existing building. However, the planned amendments to Part L, published 18 June, failed to include any revision to the regulation dealing with consequential improvements after housing minister John Healey withdrew the proposal.

According to BSD’s sister publication Building magazine, trade body the Association for the Conservation of Energy (ACE) has sent a letter to the Department of Energy and Climate Change demanding they consult on the changes. The letter claims the government had breached “procedural legitimate expectations” raised by February’s Heat and Energy Saving Strategy.

The ACE will be following the precedent set by Greenpeace after the organisation successfully forced the government to consult on its nuclear policy.

The ACE has said it will drop the action if the government changed its mind.