Legislation 2018

Legislation Update 2018

Welcome to BSRIA’s ‘at-a-glance’ checklists of selected legislation,regulations, consultations and policy impacting buildings and building services occurring during in the latter half of 2018.

This page was last updated on 21/12/2018.

Regulations

• Draft Statutory Instrument: Exiting the European Union. Buildings and building construction market standards. Due in early 2019.
  
• Draft Statutory Instrument: Exiting the European Union. Environmental Standards. Due in early 2019.
  
• The Freedom of Information Act 2000 (Amendment) (EU Exit) Regulations 2018. Laid before Parliament on 13th December 2018.
  
• The Health and Safety (Amendment) (EU Exit) Regulations 2018. Laid before Parliament on 18th December 2018.
  
• The Health and Safety (Amendment) (Northern Ireland) (EU Exit) Regulations 2018. Laid before Parliament on 18th December 2018.
  
• The Building (Amendment) Regulations 2018.
  
• The Floods and Water (Amendment etc.) (EU Exit) Regulations 2019.
  
• The CRC Energy Efficiency Scheme (Amendment) (EU Exit) Regulations 2018. Created on 11th December 2018.
  
• The Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018. Created on 11th December 2018.
  
• The Waste Electrical and Electronic Equipment (Amendment) (No. 2) Regulations 2018.
  
• The Environmental Protection (Miscellaneous Amendments) (England and Wales) Regulations 2018.
  
• The Ionising Radiation (Basic Safety Standards) (Miscellaneous Provisions) (Amendment) (EU Exit) Regulations 2018.
  
• The Electricity and Gas (Powers to Make Subordinate Legislation) (Amendment) (EU Exit) Regulations 2018.
  
• The Climate Change (Carbon Budgets) (Wales) Regulations 2018.
  
• The Climate Change (Interim Emissions Targets) (Wales) Regulations 2018.
  
• The Climate Change (Net Welsh Emissions Account Credit Limit) (Wales) Regulations 2018.
  
• The Data Retention and Acquisition Regulations 2018. This is due to come into force 31st October 2018.
  
• The draft Infrastructure Planning (Water Resources) (England) Order 2018 has been announced. No further details yet.

Acts

• The Nuclear Safeguards Act 2018 (Commencement No. 1) Regulations 2018. This is came into force on 26th October 2018.
  
• The Environmental Noise (England) (Amendment) Regulations 2018. This is due to come into force on 31st December 2018.
  
• The Sustainable Drainage (Approval and Adoption Procedure) (Wales) Regulations 2018. These Regulations make provision for procedure of applications for approval of sustainable drainage systems and for adoption of such drainage systems. This is due to come into force on 7th January 2019.

• Act: Housing (Amendment) (Scotland) Act 2018.
  
• Act: Rating (Property in Common Occupation) and Council Tax (Empty Dwellings) Act 2018. Due on 1st November 2018.

Bills

• Bill: Fire Safety (Leasehold Properties) Bill 2017-19. This is a private member's Bill. This is due its second reading on 25th January 2019.
  
• Bill: Construction (Retention Deposit Schemes) Bill. This Bill is expected to have its second reading debate on 25th January 2019.
  
• Bill: European Union Withdrawal Agreement (Public Vote) Bill 2017-19. This Bill had its first reading on 9th May 2018, with its second due on 23rd November 2018.
  
• Bill: Housing Reform Bill 2017-19. 1st reading was due on 24th October 2018 with the second due on 8th February 2019.
  
• Bill: Clean Air Bill. 2017-19. The first reading is rescheduled for 22nd November 2018 no debate), with the second due on 25th January 2019.
  
• Bill: Housing and Planning (Local Decision-Making) Bill 2017-19 This Bill is due to have its second reading on 23rd November 2018.
  
• Bill: Affordable Home Ownership Bill 2017-19. This Bill's second reading has been postponed until 22nd November 2018.
  
• Bill: Energy Consumption (Innovative Technologies) Bill 2017-19. This Bill will have its second reading on 23rd November 2018.
  
• Bill: Homes (Fitness for Human Habitation) Bill 2017-19. This Bill had its first reading in the House of Lords on 29th October 2018 with its third reading on 19th December 2018.

Consultations

• Air quality: domestic burning of house coal, smokeless coal, manufactured solid fuels and wet wood - call for evidence. This Consultation concluded on 30th January 2018. The final report was published on 23rd October 2018.
  
• Technical review of Approved Document B of the building regulations: a call for evidence. This Consultation runs from 18th December 2018 to 1st March 2019.
  
• Proposal for a New Approach to Building: Call for Evidence. This Consultation runs from 26th November - 17th February 2019.
  
• Considering the case for a Housing Court: call for evidence. The Consultation runs from 13th November 2018 - 22nd January 2019.
  
• Creating a responsible payment culture: a call for evidence on tackling late payment. The Consultation runs from 4th October - 29th November 2018.
  
• Building a zero carbon economy – Call for Evidence. The Consultation runs from 15th October - 7th December 2018.
  
• UK Government: Domestic Private Rented Sector minimum level of energy efficiency. This Consultation ran from 19th December 2017 to 17th March 2018. The full documents are now available here.
  
• UK Government: Changes to planning policy and guidance including the standard method for assessing local housing need. The Consultation sought views on changes to planning practice guidance on the standard method for assessing local housing need. The Consultation runs from 26th October to 7th December 2018.
  
• UK Government: New Build Developments: Delivering gigabit-capable connections.The Consultation sought public opinion about proposals to make it a requirement for developers and operators to provide gigabit-capable connections to new homes. This Consultation runs from 29th October to 21st December 2018.
  
• UK Government: The Government response to Consultation on proposals regarding smart appliances has concluded and the final report is now ready. 16th October 2018.
• UK Government: Waste Electrical and Electronic Equipment (WEEE) compliance fee 2018. This is seeking views on whether there should set a compliance fee for 2018. This Consultation runs from 15th October - 18th November 2018.
  
• UK Government: Renewable Heat Incentive: biomass combustion in urban areas. Proposed changes to the Renewable Heat Incentive (RHI) to exclude further support for biomass installations in urban areas on the gas grid. This Consultation runs from 16th October - 27th November 2018.
  
• Technical review of Approved Document B of the building regulations: a call for evidence. This call for evidence seeks views on the future technical guidance contained within Approved Document B (fire safety). This Consultation runs from 18th December 2018 to 1st March 2019.
  
• Approved Document B (fire safety): amendments to statutory guidance on assessments in lieu of tests.
  
• We are seeking views on proposed amendments to Approved Document B (statutory guidance on fire safety) that would restrict the use of assessments in lieu of tests (also known as desktop studies). This Consultation runs from 18th December 2018 to 1st March 2019.

Guidance

• Ofgem: Ofgem consolidates ECO2t guidance. Ofgem has published guidance specifying the documentation that applies to all Energy Company Obligation 2017–2018 (ECO2t) measures installed between 1 April 2017 and 30 September 2018.
  
• Regulating the geological disposal of radioactive waste: environmental protection. The EA has published guidance on its role in the development and regulation of a geological disposal facility for radioactive waste.
  
• UK Green Building Council: Sustainable Innovation Manual. The manual contains a step-by-step guide designed to help built environment professionals.
  
• UK Government: The Department for Business, Energy & Industrial Strategy (BEIS) has issued new guidance on the risks and opportunities relating to financing heat networks in the UK.
  
• BSI: The first international BIM standard comprising of ISO 19650-1 and ISO 19650-2 is set to be published in November 2018.
  
• BSI: The new Standard BS EN ISO 50001:2018 Energy management systems. Requirements with guidance for use was published on 22nd August 2018. Read more about this here. Email the library if you would like to borrow this when we receive our copy at information@bsria.co.uk
  
• ASHRAE report: "Building our new energy future". Published August 2018. Read more here.

Policy and strategy

• The UK Government: Building a safer future: an implementation plan.This plan sets out the government’s programme of work to ensure people who live in residential high-rise buildings are safe and feel safe, now and in the future.
  
• The UK Government: Resources and waste strategy for England. A new policy document for dealing with waste resources and recycling has been produced by the UK Government.
  
• This strategy sets out the UK Government's strategy to preserve material resources by minimising waste, promoting resource efficiency and moving towards a circular economy in England.
  
• The UK Government: Building Regulations amended to ban use of combustible cladding in certain high rise buildings
  
• Construction analysis: From 21 December 2018, the use of combustible materials in the construction of external walls of high rise residential buildings (and certain other buildings, including hospitals and care homes) in England will be banned. The ban will be implemented by way of amendments to the Building Regulations 2010, SI 2010/2214 made pursuant to the Building (Amendment) Regulations 2018, SI 2018/1230. Approved Document B will also be updated. Read the draft regulation here.
  
• The UK Government: Air emissions, efficiency climate change Budget 2018—environmental headlines.
  
• The Budget contains several environmental announcements, including action on single-use plastics, a Carbon Emissions Tax to be introduced in the event of a no deal Brexit, several announcements relating to green transport and a raft of measures setting out how the government is accelerating this shift to a clean economy, building on the Industrial Strategy, Clean Growth Strategy, and 25 Year Environment Plan. Read more here (pdf).
  
• The UK Government: An interim response has been published to the National Infrastructure Commission’s (NIC) July 2018 ‘National Infrastructure Assessment’. The government plans to respond to the NIC’s national infrastructure assessment by publishing a national infrastructure strategy, which will be published in 2019. By 2021, the government plans to invest £9bn a year more in infrastructure than in 2015.
  
• £36m in funding given to Swansea University for clean energy tech innovation. HM Treasury has announced a £36m new fund for clean energy innovation in the construction sector through the industrial strategy challenge fund.
  
• UK Government: The government is set to announce £106m in funding for green vehicle research and development, as well as development of new batteries and low carbon technologies. 11th September 2018.
  
• The World Green Building Council (WGBC) has officially launched its net zero carbon buildings commitment as part of the global climate action summit, held in California on 13 September 2018. The commitment’s 38 signatories have pledged to spearhead the movement towards a decarbonised built environment.
  
• RIBA: Government should ban combustible cladding on buildings over 18 metres. 14th August 2018