THE vast amount of recent legislation in the property sector is engineered towards reducing the UK’s CO² emissions in line with the Kyoto Protocol.
The Climate Change Act 2008 enshrined into law the UK’s ambitious target to reduce CO² emissions 26% by 2020 and 80% by 2050.
The Government has set the building industry specific targets: all new-build housing must be net zero carbon by 2016 and all new-build commercial property net zero carbon by 2019. Buildings reportedly account for one-third of UK emissions, so it is no surprise that the Government and the EU have been keen to legislate heavily in this sector to ensure that the targets are met. While the legal landscape is constantly changing to bring about the evolution, the areas that stand out as having the most impact on the current property market are building regulations and planning.
Both incorporate a number of EU directives and regulations.
The main policy tool in the first limb of the Government’s strategy is the revised Part L of the Building Regulations 2006. This deals specifically with energy consumption, regulating areas such as solar gains, energy for heating, lighting and ventilation.
New-builds and major modifications must improve energy emissions by between 23.5-28% compared to the building’s energy performance under the 2002 Building Regulations.
The regulations do not, however, cover occupant energy use or existing buildings. This gap is partly filled by the introduction of Energy Performance Certificates (EPCs).
There is no sign of the new legislation slowing down. In 2010, phase two of the EU legislation on sustainable buildings will build on the provisions contained in Part L to date and may impose greater sanctions on businesses which fail to comply.
The legislation imposes a large number of obligations on developers, architects and landlords.
There will be great opportunities and significant financial benefits for those who make the legislation work for them.
KIRWANS is to hold an environmental and property seminar on March 26.
