Introduction
This document has been published by the Minister for Housing, Planning and Local Government under Article 7 of the Building Regulations 1997.It provides guidance in relation to the application of Part L of the Second Schedule to the Regulations as inserted by the European Union (Energy Performance of Buildings) (No. 2) Regulations 2019 (S.I. No. 292 of 2019). It also provides guidance in relation to the application of European Union (Energy Performance of Buildings) Regulations 2019 (S.I. No. 183 of 2019).
The guidance in this document applies to dwellings, both new and existing. The guidance in relation to the application of Part L contained in Technical Guidance Document L - Conservation of Fuel and Energy - Buildings other than Dwellings applies to all other new and existing buildings.
The European Union (Energy Performance of Buildings) (No. 2) Regulations 2019 and the European Union (Energy Performance of Buildings) Regulations 2019 (and this document) partly transpose the EU Energy Performance of Buildings Directive Recast (EPBD Recast) 2010/31/EU of 19th May 2010.
The 2019 amendment to Part L (Conservation of Fuel and Energy) of the Building Regulations and this Technical Guidance Document, provide for the implementation of the requirements of Articles 2, 3, 4, 6 (part of), 7, 8 and 9 (3,b) of the EU Energy Performance of Buildings Directive – EPBD (recast) (2010/31/EU of 19 May 2010). These requirements include:
application of a methodology for the calculation of the energy performance of buildings on the basis of the general framework set out in Annex I to the EPBD (recast).
setting of minimum energy performance requirements for buildings and the application of these requirements to new buildings to achieve Nearly Zero Energy Buildings;
ensuring that when dwellings undergo major renovation, the energy performance of the building or the renovated part thereof is upgraded in order to meet the minimum energy performance requirements set in accordance with Article 4 in so far as this is technically, functionally and economically feasible.
The guidance in this document also gives due regard to the cost-optimal levels of minimum energy performance requirements submitted in Ireland’s report to the Commission under Article 5 of the EPBD Recast Directive 2010/31/EU of 19th May 2010.
The European Union (Energy Performance of Buildings) (No. 2) Regulations 2019 and the European Union (Energy Performance of Buildings) Regulations 2019 (and this document) set energy performance requirements to achieve Nearly Zero Energy Buildings performance as required by Article 9.1 (a) and 4 (1) of the Directive 2010/31/EU for new dwellings. The document should be read in conjunction with the Building Regulations 1997-2019 and other documents published under these Regulations.
In general, Building Regulations apply to the construction of new buildings, major renovations and to extensions and material alterations to existing buildings.
In addition, certain Parts of the Regulations, including Part L, apply to existing buildings where a material change of use takes place.
Transitional Arrangments
In general, this document applies to works, or dwellings in which a material alteration or change of use or major renovation commences or takes place, as the case may be, on or after 1st November 2019.
Insofar as the guidance contained therein relates to dwellings, Technical Guidance Document L - Conservation of Fuel and Energy – Dwellings 2011 (Amended 2017) ceases to have effect from 31st October 2019.
However, the foregoing document may continue to be used in the case of dwellings:
where the works, material alteration, change of use or major renovation commences or takes place, as the case may be, on or before 31st October 2019, or
where:
a) planning approval or permission has been applied for on or before 31st October 2019 and substantial work has been completed by 31st October 2020 or;
b) a notice pursuant to the provisions of Part 8 of the Planning and Development Regulations 2001 (S.I. No. 600 of 2001) has been published on or before 31st October 2019 and where substantial work has been completed by 31st October 2020.
“Substantial work has been completed” means that the structure of the external walls of the dwelling has been erected.
The Guidance
The materials, methods of construction, standards and other specifications (including technical specifications) that are referred to in this document are those which are likely to be suitable for the purposes of the Building Regulations (as amended).
Where works are carried out in accordance with the guidance in this document, this will, prima facie, indicate compliance with Part L of the Second Schedule to the Building Regulations and with the European Union (Energy Performance of Buildings) Regulations 2019 .
However, the adoption of an approach other than that outlined in the guidance is not precluded provided that the relevant requirements of the Regulations are complied with.
Those involved in the design and construction of a building may be required by the relevant building control authority to provide such evidence as is necessary to establish that the requirements of the Regulations are being complied with.
Technical Specifications
Building Regulations are made for specific purposes, e.g. to provide, in relation to buildings, for the health, safety and welfare of persons, the conservation of energy and access for people with disabilities.
Technical specifications (including harmonised European Standards, European Technical Assessments, National Standards and Agrément Certificates) are relevant to the extent that they relate to these considerations.
Any reference to a technical specification is a reference to so much of the specification as is relevant in the context in which it arises. Technical specifications may also address other aspects not covered by the Regulations.
A reference to a technical specification is to the latest edition (including any amendments, supplements or addenda) current at the date of publication of this Technical Guidance Document. However, if this version of the technical specification is subsequently revised or updated by the issuing body, the new version may be used as a source of guidance provided that it continues to address the relevant requirements of the Regulations.
A list of other standards and publications that deal with matters relating to this Part of the Building Regulations is included at the end of this document. These standards and publications may be used as a source of further information but do not form part of the guidance.
Materials and Workmanship
Under Part D of the Second Schedule to the Building Regulations, building work to which the Regulations apply must be carried out with proper materials and in a workmanlike manner. Guidance in relation to compliance with Part D is contained in Technical Guidance Document D.
Interpretation
In this document, a reference to a section, paragraph, appendix or diagram is, unless otherwise stated, a reference to a section, paragraph, appendix or diagram, as the case may be, of this document. A reference to another Technical Guidance Document is a reference to the latest edition of a document published by the Minister for Housing, Planning and Local Government under Article 7 of the Building Regulations 1997 (as amended).
Diagrams are used in this document to illustrate particular aspects of construction - they may not show all the details of construction.
Part L The Requirement
The requirements regarding conservation of fuel and energy for dwellings and the energy performance of dwellings are laid out in Part L of the Second Schedule to the Building Regulations 1997 (S.I. No. 497 of 1997) as amended by the Building Regulations (Part L Amendment) Regulations 2011 (S.I. 259 of 2011), the Building Regulations (Amendment) Regulations 2017 (S.I. 4 of 2017), the European Union (Energy Performance of Buildings) (No. 2) Regulations 2019 (S.I. No. 292 of 2019) and in the European Union (Energy Performance of Buildings) Regulations 2019 (S.I. No.183 of 2019).
The Second Schedule to the Building Regulations, insofar as it relates to works relating to dwellings, is amended to read as follows:
L1 - A building shall be designed and constructed so as to ensure that the energy performance of the building is such as to limit the amount of energy required for the operation of the building and the amount of carbon dioxide (CO2) emissions associated with this energy use insofar as is reasonably practicable.
L2 For existing dwellings, the requirements of L1 shall be met by:
a) limiting heat loss and, where appropriate, availing of heat gain through the fabric of the building;
b) controlling, as appropriate, the output of the space heating and hot water systems;
c) limiting the heat loss from pipes, ducts and vessels used for the transport or storage of heated water or air;
d) providing that all oil and gas fired boilers installed as replacements in existing dwellings shall meet a minimum seasonal efficiency of 90 % where practicable
L6 Energy performance of buildings requirements as set out in the European Union (Energy Performance of Buildings) Regulations 2019
The European Union (Energy Performance of Buildings) Regulations 2019, provides as follows:
Regulation 7
When a dwelling undergoes major renovation, the minimum energy performance requirement of the dwelling or the renovated part thereof is upgraded in order to meet the cost optimal level of energy performance in so far as this is technically, functionally and economically feasible.
Regulation 8
For new dwellings, the nearly zero energy performance requirements of this regulation shall be met by:
a) providing that the energy performance of the building is such as to limit the calculated primary energy consumption and related carbon dioxide (CO2) to that of a nearly zero energy building within the meaning of the Directive insofar as is reasonably practicable, when both energy consumption and carbon dioxide (CO2) emissions are calculated using the Dwelling Energy Assessment Procedure (DEAP published by Sustainable Energy Authority of Ireland;
b) providing that, the nearly zero or very low amount of energy required is covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on-site or nearby;
c) limiting the heat loss and, where appropriate, availing of heat gain through the fabric of the building;
d) providing and commissioning energy efficient space and water heating systems with efficient heat sources and effective controls;
e) providing that all oil and gas fired boilers shall meet a minimum seasonal efficiency of 90%;
f) providing to the dwelling owner sufficient information about the building, the fixed building services, controls and their maintenance requirements so that the building can be operated in such a manner as to use no more fuel and energy than is reasonable.
The European Union (Energy Performance of Buildings) Regulations 2021 (S.I. No. 393 of 2021), insofar as it relates to works relating to dwellings, provides as follows:
Regulation 5
(a) A new building shall, where technically and economically feasible, be equipped with selfregulating devices for the separate regulation of the temperature in each room or, where
justified, in a designated heated zone of the building unit.
(b) Where a heat generator is being replaced in an existing building, where technically and
economically feasible, self-regulating devices shall also be installed.
For the purpose of giving effect to Article 15(4) of Directive (EU) 2018/2001 of the European
Parliament and of the Council of 11 December 2018, the European Union (District Heating)
Regulations 2022 (S.I. No. 534 of 2022) provides as follows:
Regulation 3
The minimum levels of energy from renewable sources, referred to in Article 15(4) of the Directive, may be fulfilled through efficient district heating and cooling using a significant share of renewable energy and waste heat and cold.
