Complying with the Building Regulations

The Building Regulations set the requirements (in the form of Approved Documents) that allow for buildings to achieve a minimum level of acceptable performance. They typically cover health, safety, energy performance and accessibility. 

The Building Regulations only apply to current building work and there is no general requirement to upgrade all existing buildings to meet these standards.Most of the energy efficiency requirements of the Building Regulations are in Part L The Conservation of Fuel and Power (2010)

Exemptions from part L of the Building Regulations

Listed buildings

Building Regulation 21(3) states that listed buildings are exempt from the energy efficiency requirements of the Building Regulations ‘where compliance with the energy efficiency requirements would unacceptably alter their character or appearance’.The intention of this part of the regulations is to exempt works to improve energy efficiency that would not receive listed building consent.

If the terms of the listed building consent rule out standard methods of complying with the energy efficiency requirements, building control bodies may be able to suggest alternative ways of improving energy efficiency that would not alter the building's character or appearance. Building control bodies may thus want to talk to the building owner and the local planning authority's conservation specialists about such alternative measures. They may also want to stress that appropriate works to improve the energy efficiency of a listed building can actually assist with its long term conservation. However, the final decision on whether the works are acceptable will rest with the local planning authority.

Buildings in conservation areas

Building Regulation 21(3) states that all buildings in conservation areas are exempt from the energy efficiency requirements of the Building Regulations ‘where compliance with the energy efficiency requirements would unacceptably alter [the] character or appearance’ of the building in the conservation area, whether or not it is itself listed. This is different from the requirements of planning law regarding conservation areas, which requires consideration only of the impact of proposed development on the character and appearance of the area.

Much external work to buildings in conservation areas will require planning permission, and as part of deciding about that permission local planning authorities will consider the impact of the proposal on the character and appearance of the area. If local planning authorities impose conditions that limit works to improve energy efficiency, building control bodies cannot insist upon such works. For example, if planning permission for an extension in a conservation area is granted on the condition that all its windows exactly match the single-glazed windows in the host building, the new windows are exempt from the energy efficiency requirements of the Building Regulations. In other situations the building control body will have to determine whether or not the work is exempt from the energy efficiency requirements.

Some work  to improve the energy efficiency of non-listed buildings in conservation areas will not require planning permission, especially if it is confined to interiors. However, if such work would have a negative impact on the character or appearance of the buildings it is exempt from Part L.

Other works that require planning permission may be approved because the works will not affect the character and appearance of the area, although they would certainly affect the character and appearance of the building itself (e.g. adding cladding to a rear elevation). Such works are exempt from Part L even though they have received planning permission.

In such situations the building control body is required to apply the criteria set out in Planning Policy Statement 5 (PPS 5) for judging  listed building applications .

Building control bodies could also turn to conservation specialists working within or for local planning authorities for advice on whether particular proposed works to comply with Part L would unacceptably alter the character or appearance of such buildings.

Scheduled monuments

Until the 2006 revisions, scheduled monuments were completely exempt from the Building Regulations. The revised Building Regulation 21(3) now states that they are exempt from  the energy efficiency requirements of the Building Regulations where compliance would unacceptably alter their character or appearance. Consent from the Secretary of State, on the advice of English Heritage is required for most works that involve alterations or additions to scheduled monuments, including those designed to improve their energy efficiency. In practice the vast majority of scheduled monuments do not have complete walls and roofs and do not use energy for heating and cooling. However, many of them are lit at night, and therefore present opportunities to reduce energy consumption through the use of more efficient lighting systems.

Buildings where 'special considerations' apply

Paragraph 3.8 in both Approved Documents L1B and L2B list three further classes of buildings where special considerations apply in making reasonable provision for the conservation of fuel and power.

• locally listed buildings
• buildings in national parks and other historic areas
• traditionally constructed buildings

 The Approved Documents state:

when undertaking work on or in connection with a building that falls within one of  the classes listed above, the aim should be to improve energy efficiency as far as is reasonably practical. The work should not prejudice the character of the host building or increase the risk of long term deterioration of the building fabric or fittings.

Extensions to existing buildings

A newly constructed extension should comply fully with the energy efficiency requirements. However, the energy efficiency requirements should not be applied beyond the point at which they would unacceptably compromise the character and significance of the host building.

Issues that warrant sympathetic treatment

The Approved Documents also mention certain categories of work to historic buildings that might actually worsen energy efficiency but should nevertheless be acceptable under the Building Regulations. These are:

• restoring the historic character of a building that has been subject to previous inappropriate alteration, e.g. replacement windows, doors and rooflights
• rebuilding a former building (e.g. following a fire or filling in a gap site on a terrace)
• making provisions enabling the fabric of historic buildings to 'breathe' to control moisture and thereby avoid long-term decay problems

Obtaining other consents

If you are intending to carry out works to improve energy efficiency to a listed building or a building in a conservation area first check with the local planning authority  whether any consent may be required. Alterations that affect the external or internal appearance (in the case of listed buildings) and character including any materials, details and finishes may well require consent.

Local planning authority conservation officers can also advise on the balance between historic building conservation and energy efficiency in historic buildings. Building control bodies should ask local planning authorities to explain the historical significance of a building or feature to help them decide whether works to improve energy efficiency would prejudice its character or appearance. Building control bodies should also ask for advice about how the proposed measures are likely to affect the performance of the fabric of a traditional building.

Large numbers of traditional buildings are not listed or situated in any designated areas. Many of these will nevertheless have features of some historic interest. This means that any adaptations made to improve energy efficiency need to take account of the traditional performance of the building fabric and its compatibility with the new materials that are being proposed.