The Government have now published the much-awaited feedback on the Future Homes Standard and new regulation related to Part L. Their consultation paper includes the much-needed guidance on the implementation rules and timeframes (detailed below).
As expected, there is going to be a 2021 interim uplift in Part L Regulations which will require new homes to produce 31% less CO2 emissions compared to the 2013 standard. The timeframe for this change is:
- Dec 2021 − Interim Part L, Part F and Overheating Regulations made for domestic and non-domestic buildings;
- June 2022 − Interim Part L, Part F and Overheating Regulations become statutory regulations.
Developers must submit building notice/initial notice or deposit plans by June 2022 for transitional arrangements to apply; these will now apply to individual homes rather than an entire development. The transitional period will be one year – meaning that inspectable works must have started on individual plots before the end of May 2023.
Transitional arrangements in practice
For transitional arrangements to apply to an individual building, developers will need to both:
i. Submit a building/initial notice or deposited plans by June 2022; and
ii. Commence work on each individual building by June 2023.
- Where notices or plans are submitted after June 2022, transitional arrangements will not apply, and homes must be built in line with 2021 Part L standards.
- Where notices or plans are submitted before June 2022, but work on any individual building does not commence by June 2023, the uncommenced buildings must build in line with 2021 Part L standards.
- No individual building will need to change once building work has commenced, in line with the definition on commencement below, if work commences within the reasonable period. Developers will need to plan their sites appropriately and if work on a building commences outside of the reasonable period, they will need to ensure that it is compliant with new standards.
- For the purposes of transition, commencement will not change from the existing 2013 definitions:
o Excavation for strip or trench foundations or for pad footings.
o Digging out and preparation of ground for raft foundations.
o Vibrofloatation (stone columns) piling, boring for piles or pile driving.
o Drainage work specific to the building(s) concerned.
Please contact Darren Nolan for more information.