Building Bye-laws (Amendment) (Jersey) 2009

Made                                                                   15th September 2009

Coming into force                                                     1st January 2010

THE MINISTER FOR PLANNING AND ENVIRONMENT, in pursuance of Articles 30 and 124 of the Planning and Building (Jersey) Law 2002[1], orders as follows –

1        Interpretation

In these bye-laws, the “principal bye-laws” means the Building Bye-laws (Jersey) 2007[2].

2        Bye-law 1 amended

In bye-law 1(1) of the principal bye-laws –

(a)     for the definition of “building work” the following definitions shall be substituted –

“ ‘building work’ means any of the following –

(a)     the erection or extension of a building;

(b)     the provision or extension of a controlled service or fitting in or in connection with a building;

(c)     a material alteration in relation to a building;

(d)     work required by bye-law 5A, 5B, 6, or 17C, in relation to a building;

(e)     work involving the underpinning of a building;

(f)      the provision, alteration or extension of an electrical installation in a building, including, where such an installation is altered or extended, any work on the existing electrical installation of the building;

‘change to a building’s energy status’ means a change to a building, being a change that has the result that the building becomes one to which any of the energy efficiency requirements applies where previously the requirement did not so apply;”;

(b)     for the definition of “electrical installation” the following definitions shall be substituted –

“ ‘electrical installation’ means, in relation to a building, the fixed electrical cables, and fixed electrical equipment, located on the consumer’s side of an electricity supply meter in the building;

‘energy efficiency requirements’ means the requirements of –

(a)     bye-laws 5A and 5B;

(b)     Part 3A; and

(c)     Part 11 of Schedule 2;”;

(c)     for the definition of “flat” the following definitions shall be substituted –

“ ‘fixed building service’ means –

(a)     a fixed internal or external lighting system (other than an emergency escape lighting system or a specialist process lighting system); or

(b)     a fixed system for heating, providing hot water, providing air conditioning or providing mechanical ventilation;

‘flat’ means a separate dwelling that forms part of a building and is divided horizontally from some other part of the building and whether or not –

(a)     it is a single-storey dwelling; or

(b)     it forms part of a lodging house;”;

(d)     after the definition of “storey” the following definitions shall be inserted –

“ ‘technical guidance document’ means a technical guidance document published under Article 32 of the Law;

‘thermal element’ has the meaning set out in bye-law 2A;

‘thermally conditioned’ means capable of being maintained at or near a given temperature by the use of one or more mechanical devices.”.

3        Bye-law 2 amended

In bye-law 2 of the principal bye-laws –

(a)     in paragraph (i), for the words “previously; or” the word “previously;” shall be substituted;

(b)     after paragraph (j), the following paragraphs shall be inserted –

“(k)    the building is used as an office, where previously it was not; or

(l)      in the case of a building that is or contains a dwelling or garage, part of the building is used as a habitable room where previously the part was not so used.”.

4        Bye-law 2A inserted

After bye-law 2 of the principal bye-laws the following bye-law shall be inserted –

“2A   Thermal element defined

(1)     In these bye-laws, ‘thermal element’ means a wall, floor, or roof, that separates a thermally-conditioned part of a building from –

(a)     part or all of the external environment; or

(b)     in the case of a wall or floor, another part of the building, being a part that is –

(i)      not thermally conditioned,

(ii)      an extension falling within Class 6 in Schedule 1, or

(iii)     where this clause applies, thermally conditioned to a different temperature,

and includes all parts of the wall, floor, or roof, between the surface bounding the thermally-conditioned part of the building and the surface exposed to the external environment or to the other part of the building.

(2)     Paragraph (1)(b)(iii) only applies if –

(a)     the relevant building is not a dwelling; and

(b)     the other part of the relevant building is used for a purpose that is not similar or identical to the purpose for which the thermally-conditioned part is used.

(3)     In this bye-law –

(a)     a reference to the external environment includes the ground;

(b)     a reference to a wall, floor or roof does not include a window, door, roof-window or roof-light.”.

5        Bye-law 5 amended

After bye-law 5(3) of the principal bye-laws the following paragraph shall be added –

6        Bye-laws 5A and 5B inserted

After bye-law 5 of the principal bye-laws the following bye-laws shall be inserted –

“5A   Requirements relating to thermal elements

(1)     Where a thermal element is renovated, such building work shall be carried out as is necessary to ensure that the whole thermal element as so renovated complies with requirement 11.1(a)(i).

(2)     Where a thermal element is replaced, the replacement thermal element shall comply with requirement 11.1(a)(i).

5B     Requirements relating to a change to energy status

(1)     Where there is a change to a building’s energy status, such building work shall be carried out as is necessary to ensure that the building complies with the requirements of Part 11 of Schedule 2.

(2)     However, if the change concerns the energy status of only part of the building, being a part designed, or altered, to have fixed building services that are separate from those of other parts of the building, then it shall be sufficient compliance with paragraph (1) if the building work that is carried out ensures that the part complies with the requirements of Part 11 of Schedule 2.”.

7        Bye-law 6 amended

In bye-law 6 of the principal bye-laws –

(a)     in paragraph (1)(a), the words “4.4 (resistance to moisture);” shall be deleted;

(b)     in paragraph (1)(a), for the words “11.1 and 11.2 (conservation of fuel and power);” the words “11.1 (conservation of energy);” shall be substituted;

(c)     in paragraph (1)(d), after the matter “bye-law 2(i)” the matter “, bye-law 2(l)” shall be inserted;

(d)     in paragraph (1)(e), after the matter “bye-law 2(a)” the matter “or bye-law 2(l)” shall be inserted;

(e)     in paragraph (2)(b), after the matter “paragraph (1)(b),” the matter “paragraph (1)(d),” shall be inserted.

8        Bye-law 10 amended

For sub-paragraphs (a) and (b) of bye-law 10(1) of the principal bye-laws the following sub-paragraphs shall be substituted –

“(a)    to carry out building work;

(b)     to replace or renovate a thermal element that forms part of a building in relation to which any of the energy efficiency requirements apply;

(c)     to make a change to a building’s energy status; or

(d)     to make a material change of use,”.

9        Bye-law 13 amended

In bye-law 13 of the principal bye-laws –

(a)     for paragraph (2)(b) the following sub-paragraph shall be substituted –

“(b)    cover up any of the works referred to in paragraph (3).”;

(b)     after paragraph (3) the following paragraph shall be inserted –

“(3A) Notice does not satisfy paragraph (2) in relation to an intention to cover up foundation concrete referred to in paragraph (3)(b) unless, at the time when the notice is given, the positions of any planned walls have been set out on the foundation concrete.”.

10      Parts 3A and 4 substituted

For Part 4 of the principal bye-laws, the following Parts shall be substituted –

“PART 3A

Energy Performance of buildings

17A   Interpretation

In this Part, ‘building’ means an entire building or such part of a building as is designed, or altered, to have fixed building services that are separate from those of other parts of the building.

17B   New buildings

(1)     This bye-law applies where a new building is constructed.

(2)     The building, once constructed, shall not exceed the target CO2 emission rate for the building that has been specified in the relevant technical guidance document.

(3)     For the purposes of this bye-law, the relevant technical guidance document is one concerning minimum energy performance requirements for buildings and setting out a methodology of calculation for the energy performance of buildings.

17C   Consequential improvements to energy performance

(1)     Paragraph (2) applies to an existing building with a total useful floor area over 1000m2 in respect of which building work is proposed if the proposed building work consists of or includes –

(a)     an extension of the building; or

(b)     the initial provision of any fixed building services, or an increase to the installed capacity of any fixed building services, in relation to the building.

(2)     Subject to paragraph (3), such work, if any, shall be carried out as is necessary to ensure that the building complies with Part 11 of Schedule 2.

(3)     Nothing in paragraph (2) requires work to be carried out if it is not technically, functionally and economically feasible.

17D   Notice of energy performance to Minister

(1)     This bye-law and bye-law 17E apply where a new dwelling is created by building work or by a material change of use in connection with which building work is carried out.

(2)     The person carrying out the relevant building work shall calculate a rating of the energy performance of the dwelling, once constructed, in accordance with the relevant technical guidance document and give notice of that rating to the Minister.

(3)     For the purposes of this bye-law, the relevant technical guidance document is one concerning minimum energy performance requirements for buildings and setting out a methodology of calculation for the energy performance of buildings.

(4)     The notice shall be given not later than –

(a)     the date on which the notice required by bye-law 13(6) is given in relation to the building work; and

(b)     at least 5 days before occupation of the dwelling.

17E   Notice of energy performance to occupant

(1)     The person carrying out the relevant building work shall affix, as soon as practicable, in a conspicuous place in the dwelling, a notice stating the rating of the energy performance of the dwelling, calculated as referred to in bye-law 17D.

(2)     The notice shall be affixed not later than –

(a)     the date on which the notice required by bye-law 13(6) is given in relation to the building work; and

(b)     at least 5 days before occupation of the dwelling.

(3)     This bye-law shall not apply in a case where the person carrying out the relevant building work intends to occupy, or occupies, the dwelling as a residence.

17F   Calculations and targets

(1)     This bye-law applies to a building in relation to which requirement 11.1(a)(i) applies.

(2)     A person carrying out building work to construct the building shall ensure that pressure testing is carried out on the building in such circumstances, and in accordance with such procedures, as are set out in the relevant technical guidance document.

(3)     The person carrying out the building work shall give notice of the results of the pressure testing to the Minister not later than 7 days after the testing is completed.

(4)     The notice shall set out the results of the testing and the data on which they are based in the manner set out in the relevant technical guidance document.

(5)     For the purposes of this bye-law, the relevant technical guidance document is one concerning pressure testing in a building in order to determine heat gains and losses in the building from its thermal elements and other parts of its building fabric.

17G   Commissioning

(1)     This bye-law applies to a building in relation to which requirement 11.1(b) applies and building work is carried out, but does not apply where the building work consists only of exempt electrical certifiable work (within the meaning of bye-law 15).

(2)     The person carrying out the building work shall give to the Minister a notice confirming that the relevant fixed building services have been commissioned in accordance with the procedure set out in the relevant technical guidance document.

(3)     The notice shall be given not later than –

(a)     in every case, the date on which the notice required by bye-law 13(6) in relation to the building work is given; and

(b)     in the case of certifiable building work (within the meaning of bye-law 15), not more than 30 days after completion of the work.

(4)     For the purposes of this bye-law, the relevant technical guidance document is one concerning pressure testing in a building in order to determine heat gains and losses in the building from its pipes, ducts, and vessels, used for space heating, space cooling and hot water services.

17H   CO2 emission rate calculations

(1)     A person carrying out building work to construct a new building shall give notice of the calculated CO2 emission rate for the building, as constructed, to the Minister.

(2)     The notice shall be given not later than –

(a)     the date on which the notice required by bye-law 13(6) is given in relation to the building work; and

(b)     at least 5 days before occupation of the building.

PART 4

miscellaneous

17I    Transitional provision where these bye-laws are changed

For the purposes of –

(a)     any prescribed building work undertaken in respect of which building permission has been granted under Chapter 2 of Part 4 of the Law; or

(b)     any building permission granted under Chapter 2 of Part 4 of the Law,

these bye-laws shall apply as they were in force at the time when the building permission was granted.

18      Citation

These bye-laws may be cited as the Building Bye-laws (Jersey) 2007.”.

11      Schedule 1 amended

For Class 6(1)(c) and (d) of Schedule 1 to the principal bye-laws the following sub-paragraphs shall be substituted –

“(c)    its glazing satisfies requirement 10.1;

(d)     it does not cause a contravention of these bye-laws in respect of the dwelling or any service or fitting; and

(e)     in the case of an extension that is a conservatory –

(i)      the extension is thermally separated from the dwelling with construction that achieves a maximum U-value of 2.0 W/m2K (where U represents how much thermal energy in watts (W) is transmitted through one square metre (m2) of the construction at a temperature difference of one degree Kelvin (K) between the dwelling and the extension), and

(ii)      the extension is constructed so that its external fabric achieves a maximum U-value of 2.0 W/m2/K (where U represents how much thermal energy in watts (W) is transmitted through one square metre (m2) of the external fabric at a temperature difference of one degree Kelvin (K) between the extension and the outside).”.

12      Schedule 2 amended

In Schedule 2 to the principal bye-laws –

(a)     requirement 5.1(2) shall be deleted;

(b)     the following Part shall be substituted for Part 11 –

“PART 11 – CONSERVATION OF FUEL AND POWER

11.1   Conservation of energy

Reasonable provision must be made for the conservation of fuel and power in a building by –

(a)     limiting heat gains and heat losses –

(i)      through thermal elements and other parts of the building fabric, and

(ii)      from pipes, ducts and vessels used for space heating, space cooling and hot water services;

(b)     providing and commissioning energy-efficient fixed building services with effective controls; and

(c)     in a case where building work is carried out in connection with a building that is (or any component of which is) required to comply with any provision of sub-paragraph (a) or (b), providing to the owner of the relevant building on completion of that building work sufficient information about the building, the fixed building services and their maintenance requirements so that the building can be operated in such a manner as to use no more fuel and power than are reasonable in the circumstances.”.

13      Citation and commencement

(1)     These bye-laws may be cited as the Building Bye-laws (Amendment) (Jersey) 2009.

(2)     These bye-laws shall come into force on 1st January 2010.

senator f.e. cohen

Minister for Planning and Environment

 


 



[1]                                    chapter 22.550

[2]                                    chapter 22.550.05


Page Last Updated: 25 Apr 2016