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Legislation

Welcome to BSRIA's Legislation and Guidance Trackers
Our trackers monitor selected regulatory and guidance news in construction and building services. Any questions reqarding this service, please email us or telephone +44 1344 465 571.

This page was updated on 18/08/2019.

Highlights - recent:

  • UK Government: New, clarified version of Building Regulations, Approved Document B has been published on 5 July 2019.
    The changes this introduces are intended to ensure that the document uses plain English, and it has also been significantly restructured with the design of blocks of flats moved from Volume 2 to Volume 1:
    Volume 1: Dwellings
    Volume 2: Buildings other than dwellings
    The new version of the statutory guidance will come into force on 30 August 2019.

     
  • Circular 02/2019, describes the amendments in detail, although no new policy has been introduced. Read more here.
     
  • MHCLG: Balconies on residential buildings: advice note.
    This advice note provides guidance on the fire risks arising from balconies on residential buildings. This was published on 24th June 2019. Read more here
     
  • UK Government: EU Construction Products Regulation and CE marking, including UK product contact point for construction products.
    This Government website explains how to place CE marking on your product, how to identify UK requirements relating to construction products, and how to apply to be a UK Notified Body or Technical Assessment Body. Published 1st July 2013 and still current.  Read more here
     
  • European Union: Regulation (EU) No 305/2011 - construction products. This EU Regulation offers guidance on conditions for placing construction products on the market or for making them available.  Harmonised rules are established on how to express the performance of construction products in relation to their essential characteristics and on the use of CE marking on those products. Published 9th March 2011. Read more here
     
  • BUILDUK: Cash retentions on construction projects. Build UK has published detailed guidance to its members on the use of cash retentions on construction projects, which includes amendments to the JCT and NEC standard form contracts to ensure that they comply with ‘minimum standards’  Published 25th June 2019. Read more here.
     

What's new?

Regulations

  • SI 2019/1081. The Neighbourhood Planning Act 2017 (Commencement No 6) Regulations 2019, SI 2019/1081 bring into force section 8(2) of the Neighbourhood Planning Act 2017 on 4th July 2019. Read more here
     
  • UK Government: New, clarified version of Building Regulations, Approved Document B has been published on 5 July 2019. Read more here.
  • The Energy Savings Opportunity Scheme (ESOS) phase 2 will reach it's second compliance deadline in December 2019. Read more here to learn whether your organisation is compliant.

  •  
  • SI 2019/1024 The Gas (Applications for Licences and Extensions and Restrictions of Licences) Regulations 2019. Read more here
     
  • SI 2019/1023 The Electricity (Applications for Licences, Modifications of an Area and Extensions and Restrictions of Licences) Regulations 2019. Read more here.
     
  • SI 2019/1052 The Renewable Heat Incentive Scheme and Domestic Renewable Heat Incentive Scheme (Amendment) Regulations 2019. Read more here.
     
  • SI 2019/1024 The Gas (Applications for Licences and Extensions and Restrictions of Licences) Regulations 2019. Read more here. 
     
  • SI 2019 /draft Community Infrastructure Levy (Amendment) (England) (No 2) Regulations 2019. Read more here
     
  • SI 2019/916 The Greenhouse Gas Emissions Trading Scheme (Amendment) (EU Exit) (No. 2) Regulations 2019. Read more here.
     

Legislation (Bill or Act)
 

  • Bill: Low Carbon Domestic Heating Bill 2017-19. Read more here
  • Bill: Digital Economy Act 2017 (Amendment) Bill [HL] 2017-19. Read more here
  • Bill: Ground Rents (Leasehold Properties) Bill 2017-19. Read more here.
  • Bill: Climate Change (Net Zero UK Carbon Account) Bill 2017-19. Read more here.
  • Bill: Domestic Energy Efficiency Plan Bill 2017-19. Read more here
  • Bill: Rivers Authorities and Land Drainage Bill 2017-19. Read more here
  • Bill: Draft Healthy Homes Bill and accompanying documents. Read more here.
  • Bill: Non-Domestic Rating (Preparation for Digital Services) Bill 2017-19. Read more here.
  • Act: Building Regulations (Amendment) Act (Northern Ireland) 2009. This Act has been amended. Read more here.
  • Bill: Decarbonisation and Economic Strategy Bill 2017-19. This Bill had its first reading on 26th March. Read more here
  • Bill: Domestic Properties (Minimum Energy Performance) (No.2) Bill 2017-19. This Bill had its first reading on  28th March 2019. Read more here.
  • Act: European Union (Withdrawal) Act 2019. This came into force on 8th April 2019. Read more here
  • Bill: Planning (Affordable Housing and Land Compensation) Bill 2017-19. This order have its second reading on 22nd March 2019. Read more here
     

Consultations
 

  • RICS consultation on land measurement guidance

    The Royal Institute of Chartered Surveyors has launched a consultation into new guidance around land measurement for development and planning. The Consultation runs from 6th August - 29th September 2019. Read more here:
     
  • Reforming the energy industry codes

    This joint Ofgem and BEIS consultation seeks views on our proposals for reforming the energy code governance framework. Many of the detailed rules that facilitate the gas and electricity markets are set out in ‘codes’ or rules governed by industry-led processes and overseen by Ofgem. This Consultation ran from 22nd July 2019 to 16th September 2019. Read more here
     
  • Energy Company Obligation (ECO3): improving consumer protection

    The consultation is seeking views on the Energy Company Obligation (ECO3) scheme, detailing proposed changes to the scheme which runs until 2022.
    This Consultation runs from 9th July to 16th August 2019.  Read more here

     
  • Electric vehicle chargepoints in residential and non-residential buildings. Proposals to alter existing residential and non-residential buildings regulations to include electric vehicle infrastructure requirements. The Consultation runs from 19th July -7th October 2019.  Read more here.
     
  • Electric vehicle smart charging
    Proposals for regulations to ensure that electric vehicle chargepoints sold or installed in the UK have smart charging functionality included. The Consultation runs from 19th July -7th October 2019.  Read more here.
     
  • Smart data: putting consumers in control of their data and enabling innovation
    Consulting on proposals to: enable data driven innovation in consumer markets; use data and technology to help vulnerable consumers; and ensure consumers and their data are protected. The Consultation runs from 11th June to 6th August. Read more here.
     
  • The Regulatory Reform (Fire Safety) Order 2005: call for evidence

    This call for evidence seeks views and evidence on the Regulatory Reform (Fire Safety) Order 2005 for England in workplaces and the parts used in common in multi-occupied residential buildings. The Consultation runs from 6th June to 31st July 2019.  Read more here.
  •  
  • Building a safer future: proposals for reform of the building safety regulatory system
    This consultation builds on the recommendations from Dame Judith Hackitt’s Independent Review of Building Regulations and Fire Safety. It proposes fundamental reform of building safety requirements so that residents are safe, and feel safe, in their homes. Five key areas are outlined. The Consultation runs from 6th June to 31st July 2019.  Read more here.
     
  • ICMS Consultation on construction measurement standards
    The International Construction Measurement Standards Coalition has announced a consultation for the International Construction Measurement Standards (ICMS), second edition that incorporates life cycle costs. The Consultation closes on 3 July 2019. Read more here.
  • RICS consultation on new mandatory RICS Home Survey Standard 
    The Royal Institution of Chartered Surveyors (RICS) has launched a consultation for a new mandatory RICS Home Survey Standard.
    The consultation runs from 29th April to 29 July 2019.Read more here
     
  • Consultation: Improving fire safety in high rise domestic buildings in Scotland with the aim of strengthening it following the Grenfell Tower fire. The consultation seeks the views of residents, property owners, advisors and safety officials for high-rise domestic buildings in Scotland, which will be used to improve and refine the proposed actions, so they will be most effective.
    The consultation runs from 25th April to 17 July 2019.Read more here
     

Guidance

  • UK Government: The Department for Environment, Food & Rural Affairs (Defra) has published updated guidance on fluorinated gases (F gas) and ozone-depleting substances (ODS) to help stakeholders prepare for the UK leaving the EU without a deal in place. Further new and updated guidance may be issued depending on the precise terms upon which the UK leaves the EU, so stakeholders are advised to monitor these pages for updates. Read more here
     
  • CIBSE: CIBSE publishes its updated Guide E Fire Safety Engineering 2019. 
    This new edition has been updated throughout to include BS9999 and other recent developments. CIBSE Guide E has been fully updated to take into account new knowledge and latest techniques. This can be borrowed from BSRIA Library. Read more here
     
  • UK Government: EU Construction Products Regulation and CE marking, including UK product contact point for construction products. 
    This Government website explains how to place CE marking on your product, how to identify UK requirements relating to construction products, and how to apply to be a UK Notified Body or Technical Assessment Body. Published 1st July 2013 and still current.  Read more here
     
  • EUROPEAN UNION: Regulation (EU) No 305/2011 - construction products
    This EU Regulation lays down conditions for the placing or making available on the market of construction products by establishing harmonised rules on how to express the performance of construction products in relation to their essential characteristics and on the use of CE marking on those products. Published 9th March 2011. Read more here
     
  • BUILDUK: Cash retentions on construction projects. 
    Build UK has published detailed guidance to its members on the use of cash retentions on construction projects, which includes amendments to the JCT and NEC standard form contracts to ensure that they comply with ‘minimum standards’  Published 25th June 2019. Read more here
     
  • OFGEM: Ofgem has published its final decision regarding it approach to licensing suppliers. The decision forms part of Ofgem's new approach to licensing suppliers, to raise standards for supplier financial resilience and customer service. Read more here
     
  • NHBC / BSRIA: At your services – What to expect during commissioning.
    A joint publication between NHBC and BSRIA on commissioning that helps site managers oversee the many commissioning activities that are important to a smooth build programme and delivering high quality homes for home buyers. Published on 14th May 2019. Read more here
     

Policy and strategy

  • MHCLG: UK Government publishes circular letter on fire spread directed at building control bodies

    The Ministry of Housing, Communities & Local Government has published a circular letter regarding the application of requirement B4 of Schedule 1 to the Building Regulations 2010, SI 2010/2214. The letter is directed at building control bodies and discusses the risk of fire spread over the external walls of a building, especially in low-rise buildings. The letter also confirms that building control bodies should use judgement to consider the overall intent of requirement B4 of SI 2010/2214, and not just simply comply with specific guidance. Read more here

  • MHCLG: Balconies on residential buildings: advice note. This advice note provides advice on the risks arising from balconies on residential buildings. This was publishedon 24th June 2019. Read more here
     
  • Property development. Universal housing design standards. The Prime Minister’s Office has announced the Prime Minister’s support for new design standards for housing. In a speech at the Chartered Institute of Housing conference, the Prime Minister called for new regulations to mandate developers to build higher-quality housing. She is expected to set out next steps on the Social Housing Green Paper agenda, with an action plan expected in September 2019. Read more here.
     
  • Law for net zero emissions begins passage through Parliament
    The Department for Business, Energy & Industrial Strategy has announced the UK has become the first major economy in the world to pass laws mandating net zero emissions by 2050. The UK will have to bring all greenhouse gas emissions to net zero by 2050. A Government Minister gives a speech urging the Government to make history as the first major economy in the world to commit to ending our contribution to global warming. Read more here
  • The European Commission: The EC has published recommendations for implementing the revised building aspects of the Energy Performance of Buildings Directive (EU) 2018/844 to national law. This follows requests from Member States as the legislation is key for the promotion of energy performance improvements in buildings within the EU. It offers guidance on building automation and controls, e-mobility and inspections. Read more here
     
  • EU sets out recommendations to Member States for building modernisation on 21st June 2019. The European Commission has published recommendations for implementing the revised building aspects of the Energy Performance of Buildings Directive (EU) 2018/844 (EPBD) to national law. This follows requests from Member States as the legislation is key for the promotion of energy performance improvements in buildings within the EU. It offers guidance on building automation and controls, e-mobility and inspections. Read more here
  • The UK Government: Preparing for EU exit - BEIS update. An update on EU exit preparations by the Department for Business, Energy and Industrial Strategy. Read more about this here.

MORE FOR MEMBERS

  • For our tracker with a list of all Legislation (Acts and Bills), Consultations Regulations and Guidance relevant to buildings and building services, updated in 2019, click here
     
  • For our tracker with a selected list of Guidance supporting legislation published in 2019, click here.
     
  • A simple spreadsheet with a list of current legislation, regulations and guidance sorted by construction and building services area is also available on request. Please email us
    Please note this is updated regularly but not every week, so may not have the latest information.

‚ÄčOUR SERVICES

  • Read about all our legislation services available to BSRIA members here.
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