Legal
Letter of the law?
The government’s recent consultation on changes to Parts L
and F of the Building Regulations include many ‘Approved
Documents’. Hywel Davies maps out their legal status
T
he Building Regulations (BRs) are a AD then identifies CIBSE Commissioning Code M
Part L
Statutory Instrument (SI), and as such are as the approved procedure, along with the various
Requirement L1:
secondary legislation made under powers CIBSE, BSRIA and Commissioning Specialists
conservation of
conferred by the 1984 Building Act. The Association documents scheduled in Code M.
fuel and power
latest BRs were made in 2000, although they have The Code advocates preparing a commissioning
since been partially amended by later SIs. plan to identify the work to be done, systems Current text as introduced
Regulation 3 defines “building work”. Regulation that need to be tested and the tests that will be
in 2006
4 requires that “Building work shall be carried carried out. This allows the building control
L1. Reasonable provision
out so that – (a) it complies with the applicable body to check what is actually done against the
shall be made for the
conservation of fuel and
requirements… and (b) in complying with any plan as work progresses. The text of the AD is
power in buildings by:
such requirement there is no failure to comply clear that it is a requirement to follow the Code if
(a) limiting heat gains and
with any other such requirement”. Regulation 20 is to be met. The introduction to losses:
Other regulations cover each AD emphasises that
(i) through thermal
workmanship, material changes it provides guidance about
elements and other parts of
of use of the building, energy
Approved
compliance with specific
the building fabric; and
calculation, completion certificates, aspects of the regulations
(ii) from pipes, ducts and
testing, sampling and supervision.
Documents
vessels used for space
in more common
heating, space cooling and
The detailed requirements for
advise us how to
building situations, hot water services;
the building work itself are in
comply – except
and what is likely to be
(b) providing and
“Schedule 1: Requirements” in the accepted as reasonable
commissioning energy
form of a table, split into several
when they tell
provision for compliance.
efficient fixed building
services with effective
parts, each with an alphabetical Although following the
controls; and
name. Requirement L1, relating
us what to do.
AD gives a presumption
(c) providing to the owner
to the “conservation of fuel and of compliance, it can be sufficient information
power” in buildings, is found in Part L (see sidebar). overturned if a case is unusual in some way. And
about the building, the fixed
building services and their
Part F sets out ventilation requirements, and Part P compliance may be achieved in other ways. But
maintenance requirements
covers electrical safety in dwellings. it may be advisable to confirm that the building so that the building can be
Requirement L1 is what you must do to comply control body will accept the solution offered in
operated in such a manner
as to use no more fuel and
with Part L. However, if you want to know what advance. Where the AD cites the BRs then the
power than is reasonable in
reasonable provision might look like, you need text must be complied with as stated, and there is the circumstances.
a bit more detail. And so government gives us therefore no flexibility to ignore the requirement,
The current consultation
guidance on how to comply with the requirements or to adopt an alternative compliance route.
on Parts L and F propose
in each part of Schedule 1 in the form of the very So where Regulation 20C is quoted, it must be
amplifying (b) as follows:
familiar Approved Documents (ADs). followed. Paragraph 78 of ADL2A 2006 makes
(b) providing fixed building
services which—
The Part L consultation proposes expanding clear that the approved procedure is CIBSE Code
the commissioning requirement, as shown in the M, and so there is no alternative.
(i) are energy efficient;
sidebar. If adopted, this will make commissioning So, the Act empowers ministers to make
(ii) have effective controls;
and
a more explicit requirement. It is already covered Regulations, which spell out the letter of the law;
by Regulation 20C, which requires “the person and the Approved Documents advise us how to
(iii) are commissioned
by testing and adjusting
carrying out the work” to “give to the local authority comply – except where they tell us what to do. l
as necessary to ensure
a notice confirming that the fixed building services
they use no more fuel and
have been commissioned in accordance with a
Hywel Davies is technical director of CIBSE
power than is reasonable in
www.cibse.org/partl
the circumstances; and [(c)]
procedure approved by the Secretary of State.” The
20 CIBSE Journal August 2009 www.cibsejournal.com
CIBSEaug09 pp20 legal.indd 22 23/7/09 14:51:12
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