Transitional provisions

The so-called 'transitional provisions' were intended to make architects aware of the dates and deadlines for compliance and the lack of discretion available to Building Control Bodies. In a letter to Building Control Bodies across England and Wales, Anne Hemming, Head of Buildings Division at the ODPM stated that when it comes to Target Emission Rates: "Approved inspectors have no powers to relax or dispense. Such relaxation or dispensation requests will have to be made to the local authority concerned either by the approved inspector or the client."

Building Regulations Approved Document Part L: Conservation of Fuel and Power have come into force such that any building work that requires building regulations approval, must comply with the new Regulations unless any of the following apply:

• If a building notice had been submitted before April 6th 2006 and work had started on site, there is no need to comply with the changes. A ministerial statement has confirmed that a 'start on site' means substantial work such as excavation for foundations; or drainage work specific to the building(s) concerned. However, the removal of vegetation; the demolition of any previous buildings on the site; the removal or treatment of contaminated soil; or general site servicing works (e.g. roadways), etc are not likely to constitute the satisfactory commencement of work. In the previous regulations (Part L:2002) many local authorities interpreted the guidance to mean that the stage of work necessitating a first inspection must have been reached for it to be deemed 'substantially' started. The word 'substantial' however, does not appear in the new version. In applications regarding a number of buildings on a given site, it is the commencement of work on the first of the buildings within the application which determines whether all the building work can take advantage of the transitional provisions, not each individual building.
• The contract has been signed. This applies to works that are small scale - and not requiring Full Plans Approval). Building Control Bodies may wish to see written evidence.

April Fool's Day, 2007

However, if information has been approved under the previously existing (2002) regulations, there is still a tight timescale in which to comply with the new Part L. For example, where full plans have been approved before April 6th 2006, for example - work must have commenced by 1st April 2007. (NB: In the past, clients/architects have had three years to start on site after gaining approval, now there is only 51 weeks, starting from April 6th). For example, if Building Regulations approval was obtained in mid-2005, say, then clients who are awaiting funding to start on site in 2008 will need to be warned that their programme needs to be brought forward. Again, a suitable start on site is required.

Furthermore, if a "plans certificate" has been submitted to a local authority before April 6th once again, work must have started before April 1st 2007.

Trickle down effects

In terms of transitional provisions as they impact on Part F: Ventilation, these have been introduced because not all manufacturers have managed to comply with the requirement that to mark on their products the 'equivalent area' of their trickle ventilation. Typically, 80percent of the free area of a ventilation device - representing a more accurate interpretation of the actual air flow through a ventilator - manufacturers have been allowed until October 1st 2006 to sort it out. Similarly, if replacement windows do not have trickle ventilation, then providing that they are replaced before October 1st 2006, they will not need to have trickle ventilators fitted.