Legislation

Building Regulations Part L | Energy Performance of Buildings |

The different tiers of "green" legislation -

Source: Knight Frank Research

• The UK Government has set itself a target to reduce CO2 emissions by 60% by 2050. With property representing almost 50% of total emissions the sector has become an obvious target for legislation.



• The key legislative trigger driving the greening of commercial buildings is the EU’s Energy Performance of Buildings Directive (EPBD). It is being implemented in the UK in two ways: firstly, via ongoing revisions to Part L of Building Regulations and secondly, via energy efficiency certification.



• As a result of the Part L revision in April 2006, new buildings are required to be 28% more energy efficient than they previously were, with future Part L revisions likely to continue to tighten permissible levels of carbon emissions from commercial buildings still further.



• Energy efficiency certification will become mandatory from April 2008. There are two main elements to this: an Energy Performance Certificate, which from October 1st 2008 will be required on all commercial buildings and a Display Energy Certificate, which will only apply to public sector buildings providing a service to the public with a floorspace greater than 1,000 sq m. In Scotland all relevant buildings require either an EPC or DEC by 4th January 2009.

Cutting greenhouse gas emissions has progressively become central to government policy, with the government, via its Energy White Paper, having set an ambitious target of reducing CO2 emissions by 60% by 2050.

To date, the most significant influence on the ‘greening’ of new and refurbished offices has been the various policy initiatives introduced. Legislation encouraging energy efficiency in the use of buildings and in their construction has been both extensive and wide-ranging.

Timeline Towards Greener Buildings

Source: Knight Frank Research

From this list the principal legislative drivers and financial incentives include:

• Climate Change Levy – this legislation introduced a fixed rate tax on energy use for business occupiers, between 10-15% to energy costs.



• Enhanced Capital Allowances (ECA) – these enable businesses to claim 100% first-year capital allowances on their spending on qualifying plant and machinery



• Planning policy:
  
  
  
  • PPS1 sets out the Government's overarching planning policies on the delivery of sustainable development
  
  
  • Similarly, PPS22 allows planning authorities to demand that large commercial buildings generate 10% of their energy on site from renewable sources, such as mini-wind turbines, photovoltaic tiles or ground source heat pumps
  
  
  • An example of PPS22 in operation is The Mayor of London’s Energy Strategy where developers submitting planning applications in London are encouraged to consider an energy efficient approach. The GLA obliges large-scale projects to generate 10% of its energy consumption from onsite renewable energy sources.
    

A key point here is that with new build offices accounting for approximately no more than 2% of the standing office stock in any year, then addressing sustainable or green issues via the planning route alone will be a slow fix for an increasingly urgent problem.

Much of the incentive for the introduction of higher profile green legislation stems from the Kyoto Protocol on Climate Change, an international agreement attempting to reduce greenhouse gas emissions and combat global warming. As a direct consequence, the EU issued the Energy Performance of Buildings Directive (EPBD) in 2003, designed to cut greenhouse gas emissions in both residential and commercial property. The EPBD is a key piece of legislation in that it is direct in approach and affects both new and existing stock. Regulations to implement Articles 7, 9 & 10 of the EPBD in the UK were finalised in March 2007. Revisions to Part L of Building Regulations in 2006 have already implemented the various technical standards required.