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.
(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.
(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.
(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.
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