ARTICLE
20 March 2006

ODPM propose accelerated transitional arrangements for Part L building regulations

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CMS Cameron McKenna Nabarro Olswang

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The ODPM has published a news release detailing the transitional arrangements for the new Part L building regulations, which come into force on 6 April 2006.
United Kingdom Real Estate and Construction

The ODPM has published a news release detailing the transitional arrangements for the new Part L building regulations, which come into force on 6 April 2006. These transitional arrangements are to last for only one year, instead of the usual period of three years. The amended Part L sets new targets for fuel use and energy efficiency and is the main implementing legislation in England and Wales for the Energy Performance of Buildings Directive.

Under the Energy Performance of Buildings Directive, all new buildings and large existing buildings that undergo major renovations are required to meet carbon emissions and energy efficiency targets. The deadline for Member States to implement this Directive was 4 January 2006 but the UK is scheduled to implement it four months late, on 6 April 2006 (note the new Part L relates to England and Wales only but Scotland and Northern Ireland have alternative implementing measures).

Until recently, there was uncertainty as to how the new Part L would be applied to buildings already in the process of design or construction on 6 April 2006. However, the ODPM has now published transitional arrangements for such buildings and these are set out below:

Transitional Arrangements

From 6 April 2006 any building work in England and Wales must comply with the revised Part L 2006 unless:

  • Work has started before 6 April 2006 in accordance with a building notice, full plans, initial notice or amendment notice; or
  • Where full plans are not required to be deposited, a contract is entered into before 6 April 2006, provided that the work is started before 1 October 2006; or
  • Full plans have been deposited and approved before 6 April 2006, provided that work is started before 1 April 2007; or
  • A plans certificate or plans certificate combined with an initial notice has been given to a local authority before 6 April 2006, provided that the work is started before 1 April 2007. The plans certificate need not be approved before 6 April 2006.

This article was written for Law-Now, CMS Cameron McKenna's free online information service. To register for Law-Now, please go to www.law-now.com/law-now/mondaq

Law-Now information is for general purposes and guidance only. The information and opinions expressed in all Law-Now articles are not necessarily comprehensive and do not purport to give professional or legal advice. All Law-Now information relates to circumstances prevailing at the date of its original publication and may not have been updated to reflect subsequent developments.

The original publication date for this article was 20/03/2006.

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