Building Bye-laws
(Amendment No. 5) (Jersey) 2016
Made 15th April 2016
Coming into force 18th
July 2016
THE MINISTER FOR THE ENVIRONMENT, in pursuance of Articles 30 and 124 of
the Planning and Building (Jersey) Law 2002[1], and after publicizing the
proposals and seeking comments and input from the public, makes the following
Bye-laws –
1 Amendment of the Building Bye-laws (Jersey) 2007
The Building Bye-laws (Jersey) 2007[2] are amended in accordance with these Bye-laws.
2 Bye-law 5A
substituted
For bye-law 5A there shall be
substituted the following bye-law –
“5A Requirements relating to the
renovation or replacement of thermal elements
(1) Where the renovation of
an individual thermal element –
(a) constitutes a major
renovation; or
(b) amounts to the
renovation of more than 50% of the element’s surface area,
the
renovation must be carried out so as to ensure that the whole of the element
complies with requirement 11.1(a)(i), in so far as
it is technically, functionally and economically feasible to do so.
(2) Where the whole or any
part of an individual thermal element is proposed to be replaced and the
replacement –
(a) constitutes a major
renovation; or
(b) (in the case of part
replacement) amounts to the replacement of more than 50% of the thermal
element’s surface area,
the
whole of the thermal element must be replaced so as to ensure that it complies
with requirement 11.1(a)(i), in so far as it is technically, functionally
and economically feasible to do so.
‘building
envelope’ means the integrated elements of a building that separates its
interior from the outdoor environment;
‘major
renovation’ means the renovation of a building where more than 25% of the
surface area of the building envelope undergoes renovation;
‘renovation’,
in relation to a thermal element, means the provision of a new layer in the
thermal element or the replacement of an existing layer, but excludes
decorative finishes.”.
3 Part 3A
amended
(1) Part 3A
is amended as follows.
(2) For
the sub-heading there shall be substituted the following sub-heading –
“energy
efficiency requirements”.
(3) For
bye-laws 17A and 17B there shall be substituted the following
bye-laws –
“17A Application of energy efficiency requirements
(1) The energy efficiency
requirements set out in this Part apply to such buildings that use energy to
condition the indoor climate as are specified in the following bye-laws in this
Part, subject to the exceptions specified in paragraph (2).
(2) The following buildings
(and the carrying out of any work in connection with them) are exempt from
those requirements –
(a) buildings that are
included in the List of Sites of Special Interest maintained by the Chief
Officer under Article 51(1) of the Law where compliance with the
requirements would unacceptably alter their character or appearance;
(b) buildings that are used
primarily or solely as places of worship;
(c) temporary buildings
with a planned time of use of 2 years or less, industrial sites,
workshops and non-residential agricultural buildings with low energy
demand;
(d) stand-alone buildings
other than dwellings with a total useful floor area of less than 50 square
metres.
(a) a reference to industrial
sites and workshops with low energy demand is a reference to buildings used to
accommodate industrial activities in spaces where the air is not habitually
heated or cooled other than by the industrial activity itself;
(b) a reference to non-residential
agricultural buildings with low energy demand is a reference to buildings
designed to be used separately that are heated only for specific purposes of
short duration (such as plant germination or egg hatching);
(c) ‘place of
worship’ means a building used for formal public worship and any
adjoining space the function of which is directly linked to that use;
(d) ‘stand-alone
building’ means a building entirely detached from any other building;
(e) ‘temporary
building’ includes a portable or modular building;
(f) ‘total
useful floor area’ means the total area of all enclosed spaces measured
to the internal face of the external walls.
17B Energy performance rates for new
buildings
(1) This bye-law applies
where a new building is constructed.
(2) The energy performance
rate of the building, once constructed, must not exceed the target rate of the
energy performance for the building specified in the relevant technical
guidance document.
(3) If the building is a
dwelling, its fabric energy efficiency rate, once the dwelling is constructed,
must not exceed the target fabric energy efficiency rate specified in the relevant
technical guidance document.
(4) For the purposes of
this bye-law –
(a) energy performance
rates and fabric energy efficiency rates must be calculated in accordance with
the relevant technical guidance document;
(b) 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) For
bye-law 17C(1) there shall be substituted the following paragraph –
“(1) This bye-law applies to –
(a) an existing building
with a total useful floor area (as defined by bye-law 17A(3)) over 1,000 square metres
in respect of which building work is proposed if the proposed building work
consists of or includes –
(i) an extension of
the building, or
(ii) 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; and
(b) an existing dwelling
where it is proposed to construct an extension to it.”.
(5) In
bye-law 17D –
(a) for paragraphs (1) and (2) there shall
be substituted the following paragraphs –
“(1) This bye-law applies where a new
building is constructed and to any dwelling the construction of which results
in a material change of use of a building.
(2) The person carrying out
the relevant building work must calculate a rating of the energy performance of
the building, once constructed, in accordance with the relevant technical
guidance document and give notice of that rating to the owner of the
building.”;
(b) in paragraph (4)(b) for the word
“dwelling” there shall be substituted the word
“building”.
(6) For
bye-law 17E there shall be substituted the following bye-law –
“17E Information about use of fuel and power
(1) This bye-law applies where
requirement 11.1 applies in relation to building work.
(2) The person carrying out
the work must, not later than 5 days after the work has been completed,
provide to the owner sufficient information about the building, the fixed
building services and their maintenance requirements, for the building to be
operated in such a manner as to use no more fuel and power than is reasonable
in the circumstances.”.
(7) For
the heading to bye-law 17F there shall be substituted the following
heading –
(8) For
bye-law 17H there shall be substituted the following bye-law –
“17H Energy rate calculations
(1) This bye-law applies
where a new building is constructed.
(2) The person carrying out
the work must provide a notice with the application for a building permit that
specifies –
(a) the target energy rate
for the building;
(b) in the case of a
dwelling, the target fabric energy efficiency rate for the dwelling;
(c) the calculated energy
rate for the building as designed;
(d) in the case of a dwelling,
the calculated fabric energy efficiency rate for the dwelling as designed; and
(e) a list of
specifications to which the building is to be constructed.
(3) Not later than 5 days
after the work has been completed, the person carrying out the work must give
the Chief Officer a notice that specifies –
(a) the target energy rate
for the building, and in the case of a dwelling, the target fabric energy
efficiency rate;
(b) the calculated energy
rate for the building as constructed;
(c) in the case of a dwelling,
the calculated fabric energy efficiency rate for the dwelling as constructed;
and
(d) whether the building
has been constructed in accordance with the list of specifications referred to
in paragraph (2)(e), and if not, a list of the changes from them.
(4) For the purposes of
this bye-law –
(a) a reference to a rate
of energy is a reference to that rate as defined or explained in the relevant
technical guidance document;
(b) ‘specifications’
means specifications used for the calculation of the energy rate in accordance
with the relevant technical guidance document;
(c) 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 Citation,
commencement and application
(1) These
bye-laws may be cited as the Building Bye-laws (Amendment No. 5) (Jersey) 2016
and shall come into force on 18th July 2016.
(2) These
bye-laws apply only to building work for which an application for building
permission has been made (or is required by Part 4 of the Planning and
Building (Jersey) Law 2002 to have been made) on or after the date on
which they came into force.
deputy s.g. luce of st. martin
Minister for the Environment