October 31, 2003—The time for building planners and developers to prepare for new environmental regulations is now, a construction law expert has warned.
The Building (Amendment) Regulations SI 2001/3335 are planned for 2005 and the EU Directive on the Energy Performance of Buildings needs to be effective in UK law by early 2006. Both will require the providers of buildings to make changes in order to stay on the right side the law.
“New compulsory building energy safety certificates, new methods of producing raw materials and new textiles could be commonplace when the regulations are implemented following the conclusion of a major consultation,” said Catherine Kay of Manchester law firm George Davies Solicitors.
“New builds and existing buildings are affected. Public sector buildings, such as schools and hospitals, will also need to adapt to new green standards set by the government,” she added.
The introduction of new working practices will help ensure compliance with the law, but industry insiders have said there could be a cash shortfall in the public and private sector as they get to grips with the implementation.
Kay warns that the penalties for breaching regulations could be severe: “Its much more than the government just throwing a bucket of ‘greenwash’ over the construction industry. It goes much deeper than that. These regulations will require major changes within the heart of development plans and will change the emphasis of the way new building schemes are approved and the way existing buildings operate,” she said.
Kay continued: “Contracts between developers, vendors, contractors, sub-contractors and the professional team will need to be updated to take into account the demands of new regulations. Acting now to ensure the necessary budget is ready to deal with these changes is essential. It is expected that there will be a major clampdown on organizations and individuals who dont comply with the law.”
Kay advised that the EU Directive encompasses amongst other things:
- The need for the calculation of the energy performance of buildings in order to meet as yet unspecified targets,
- The consideration of low carbon and zero-carbon systems,
- The introduction of “building energy certificates” that will be needed whenever buildings are built, leased or sold,
- New inspections for water boilers.
The routine inspection of air conditioning systems.
The focus on energy efficiency builds on the governments promotion of sustainable development through better environmental performance in the built environment.
—Elliott Chase
Reprinted with permission; copyright 2003 i-FM
