Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 February 2009, amend the building code set out in Schedule 1 of the Building Regulations 1992. The amendments impose new functional and performance requirements relating to the use of energy to modify temperature, modify humidity, or provide ventilation. The objective of the new requirements is to facilitate efficient use of energy.

Regulation 5 and Part 2 of the Schedule substitute a new functional requirement (new clause H1.2(a)) and related limit on application. New clause H1.2(a) requires buildings to be constructed to achieve a degree of energy efficiency that facilitates efficient use of energy when that energy is used for all or any specified purposes. Those purposes are not only those currently specified in clause H1.2(a) (modifying temperature and modifying humidity), but also a new one (providing ventilation). The new related limit on application no longer mentions, and therefore ensures that new clause H1.2(a) applies to, plant and equipment provided for those purposes.

Regulation 6 and Part 3 of the Schedule add a new performance requirement (new clause H1.3.6) and related limit on application. New clause H1.3.6 relates to HVAC (that is, heating, ventilation, and air conditioning) systems. It requires those systems to be located, constructed, and installed to––

• limit energy use, consistent with the intended use of space; and

• enable them to be maintained to ensure their use of energy remains limited, consistent with the intended use of space.

Regulation 4 and Part 1 of the Schedule amend clause A2 so that it defines HVAC system, for the purposes of new clause H1.3.6 and in relation to a building, as a mechanical, electrical, or other system for modifying air temperature, modifying air humidity, providing ventilation, or doing all or any of those things, in a space within the building.

The related limit on application ensures that new clause H1.3.6 applies only to commercial buildings.

Regulation 7 is a savings provision for building work that requires a building consent and is covered by an application, made before the close of 31 January 2009, for a building consent or certificate of acceptance. The building code continues to apply to that building work as if these regulations had not been made.

These regulations do not arise from the report on the review of the building code required by section 451 of the Building Act 2004.