Transitional Arrangements always apply when Building Regulations change, for good common-sense reasons.

Anecdotally and in reality, we often hear of cases where developments are being assessed to one or even two Part L changes back, the developer having applied the transitional arrangements criteria in a timely fashion, followed by a delay running into years in some cases.

The Government view is that the scenario where homes are being built to old standards from up to a decade ago, should not be possible under the next transitional arrangements in order to benefit occupiers of new homes, and to ensure carbon dioxide emissions are reduced as quickly as possible following implementation of the Future Homes Standard and the updated Part L in whatever form it finally takes.

The proposed Part L take on this issue essentially says this: –

7.5 Where a building notice, initial notice or full plans deposit is submitted to building control before the new energy efficiency standards from the consultation come into force, we propose that the transitional arrangements should only apply to individual buildings on which work has started within a reasonable period.  We are consulting on the length that reasonable period should be.

7.6 Where work has not started on a specific building covered by the building notice (or full plans) within a reasonable period, that building would not be covered by the transitional provisions and so it (and any others covered by the notice in the same situation) would need to comply with the latest set of energy standards. Those already under construction under the transitional provisions would not be affected.

The relevant section goes on to acknowledge some of the obvious consequences of this, but rates the potential benefits of more homes being built to higher standards sooner, such as reduced carbon emissions and a quicker roll-out of the Future Homes Standard, above all.

Obviously, the “reasonable period of time” set in the transitional arrangements wil be a key factor.

We would like to hear what you think about this, please leave a comment or contact us if you would like more information about the Part L consultation.