Amendments to Building Bye-Laws (Jersey) Law 2007.

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A decision made (20/04/2009) regarding: Amendments to Building Bye-Laws (Jersey) Law 2007.

Decision Reference: MD-PE-2008-0203
Decision Summary Title:		Amendments to Building Bye-laws (Jersey) 2007.		Date of Decision Summary:	11/09/2008
Decision Summary Author:		Assistant Director -Building Control		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?		Written		Person Giving Oral Report:
Written Report Title:		Proposed amendments to the Building Bye-laws (Jersey) 2007 to update requirements relating to conservation of fuel and power and ventilation in buildings.		Date of Written Report:	10/09/2008
Written Report Author:		Assistant Director -Building Control		Written Report : Public or Exempt?	Public
Subject: Building Bye-laws (Jersey) 2007
Decision(s): The Minister decided to agree to the amendment of the Building Bye-laws in order to strengthen the requirements relating to the conservation of fuel and power in buildings and improve requirements relating to ventilation.
Reason(s) for Decision: To improve the energy performance of buildings.
Resource Implications: Changes will require expenditure of approximately £28,000 which will be paid for out of income received from building application fees.
Action required: Provide Law drafting instructions for necessary bye-law changes. Produce supporting Technical Guidance Documents
Signature:			Position: Minister
Date Signed:	Ass Dir Initials		Date of Decision (If different from Date Signed):
	CEO Initials

Amendments to Building Bye-Laws (Jersey) Law 2007.

REPORT TO

THE MINISTER FOR PLANNING AND ENVIRONMENT

3/09/6	10 September 2008

Proposed amendments to the Building Bye-laws (Jersey) 2007 to update requirements relating to conservation of fuel and power and ventilation in buildings.

Purpose of the Report

This report brings to the minister the results of the 16 week consultation process on the proposed changes to the Building Bye-laws (Jersey) 2007 which are aimed at updating the requirements relating to conservation of fuel and power and ventilation in buildings. It proposes that some changes are made to the consultation draft as a result of representations received and seeks approval to make the necessary changes to the Building Bye-laws (Jersey) 2007.

Background and Discussion

The building bye-law requirements relating to conservation of fuel in buildings were last updated in 2004. The requirements relating to ventilation have remained unchanged since January 1997. In the intervening period strong scientific evidence has been obtained that shows climate change is happening and this is being accelerated by man-made CO2 emissions. As a result a new European Directive on the energy performance of buildings (EPDB), which became binding on Member States in 2003, promotes the improvement of the energy performance of buildings within the European Community. To comply with that directive most Member States have strengthened building regulations aimed at improving energy efficiency, as this is seen as a key driver in reducing CO2 emissions from the built environment. Although the EPDB does not directly apply to Jersey detailed proposals to strengthen the Jersey building bye-laws relating to conservation of fuel and power, which include the setting of CO2 emission targets for all new buildings, were issued for public consultation in March 2008.

Responses to consultation document.

Nine written responses have been received from various professional firms, individuals and interested bodies. A summary of the comments received together with a response is given in Appendix 1. Generally speaking the majority of the comments are supportive. The main issues which have been raised relate to concerns about the proposals encouraging fuel switching to electricity, the cost implications of setting higher building standards and the requirements to make energy reducing improvements to existing buildings when those are altered or extended.

Legal and resource implications

Article 31 (2) of the Planning and Building (Jersey) Law 2002 empowers the minister to make Building Bye-laws to prevent the waste, undue consumption or misuse of fuel and energy in or about buildings. An outline of proposed changes to the 2007 building bye-laws together with revised supporting technical guidance was published as part of the public consultation in March 2008.

The proposals for energy ratings to be calculated for all new buildings using approved calculation tools will require funding. It is estimated that the cost for adapting and making available the necessary software, which will be made freely available to users, will be in the region of £28,000. This will be financed by fee income received for building applications. There are no other resource implications arising from the adoption of the new bye-law requirements.

Recommendation

It is recommended the minister:

Takes note the representations received and make a decision to change the bye-laws as outlined in the consultation draft.
In light of the comments received, reduces the proposed CO2 emission targets to make compliance easier when using gas and oil for space heating.
Agrees to instructions being sent to Law Officers Department to amend the Building Bye-laws as detailed in consultation paper.
Notes the content of the draft Technical Guidance Documents which will be finalised for later Ministerial Approval.

Written by:

Assistant Director – Building Control

Attachments:

Appendix 1 - Summary of consultation responses.