Office of Public Sector Information

PART 8 MISCELLANEOUS

Application to the Crown

41.—(1) Subject to paragraph (2) these Regulations, other than regulation 42(2)(a), bind the Crown.

(2) No act or omission by or on behalf of the Crown shall constitute an offence or make the Crown liable to a penalty charge notice under these Regulations, but the High Court may, on the application of the enforcement authority, declare unlawful any act or omission of the Crown which constitutes a contravention of these Regulations.

Duty to cooperate

42.—(1) This regulation applies where these Regulations impose a duty on the relevant person to—

(a) make available or give an energy performance certificate or display a display energy certificate in relation to a building; or

(b) ensure an air-conditioning system is inspected.

(2) It shall be the duty of every person with an interest in, or in occupation of, the building to—

(a) allow such access to any energy assessor appointed by the relevant person as is reasonably necessary to inspect the building for the purpose of undertaking an energy assessment; and

(b) cooperate with the relevant person so far as is reasonably necessary to enable him to comply with the duty referred to in paragraph (1).

Amendments to the Building Regulations (Northern Ireland) 2000

43.  The Building Regulations (Northern Ireland) 2000(9) are amended as follows—

(a) in paragraph (1) of regulation A2 (Interpretation)—

(i) after the definition “ENERGY EFFICIENCY REQUIREMENTS” there shall be inserted—

• “ENERGY PERFORMANCE CERTIFICATE means a certificate that complies with regulation 8 of the Energy Performance of Buildings (Certificates and Inspections) (Northern Ireland) Regulations 2008”;

(ii) in the definition “SAP” after the words “2005 edition” there shall be inserted “or any later version of the software approved by the Department”; and

(iii) in the definition “SBEM” after the words “2006 edition” there shall be inserted “or any later version of the software approved by the Department”;

(b) in regulation A11 (Notice of commencement and completion of certain stages of work)—

(i) in paragraph (5) for “notice in writing of—” substitute “—”;

(ii) before paragraphs (5)(a), (b) and (c) insert “notice in writing of”;

(iii) for paragraph (5)(d) there shall be substituted—

• “subject to paragraph (5)(g) a copy of the energy performance certificate for any completed new building, not more than 5 days after completion;”;

(iv) in paragraph (5)(f) for the full stop substitute “;”; and

(v) after paragraph (5)(f) there shall be inserted—

“(g) paragraph (5)(d) does not apply to—

(a) buildings that are used primarily or solely as places of worship;

(b) temporary buildings with a planned time of use of 2 years or less;

(c) industrial sites, workshops and non-residential agricultural buildings with low energy demand; and

(d) stand-alone buildings with a total useful floor area of less than 50 m² that are not dwellings.”;

(c) In paragraph (4)(b)(iii) of regulation F1 (Application and interpretation) after the semicolon there shall be inserted “and;”;

(d) After paragraph (4)(b)(iii) of regulation F1 (Application and interpretation) there shall be inserted—

“(iv) any software approved by the Department;”;

(e) In column (4) of Table F of Schedule 5 for the character “—” opposite the reference in column (1) to “F2 Conservation measures” and against the reference in column (3) to “DFP Technical Booklet F1: 2006” there shall be substituted “AMD4”;

(f) In column (4) of Table F of Schedule 5 for the character “—” opposite the reference in column (1) to “F2 Conservation measures” and against the reference in column (3) to “DFP Technical Booklet F2: 2006” there shall be substituted “AMD4”.

Regulation 1(3)

SCHEDULE Commencement