Member Article

The Future's Bright, The Future's Carbon Neutral

With Watson Burton LLP Law Firm

On 27 February 2008 Housing Minister Caroline Flint announced that The Code for Sustainable Homes will be applied to all new homes built after 1 May 2008. This comes as part of the Government’s aim to make all new housing zero carbon by 2016 and tries to set minimum guidance and above as to what factors should be taken into account for sustainable housing.

“By requiring a rating for all new homes against the Code for Sustainable Homes in the run up to 2016, we are making the standards that different homes reach more transparent and are creating an important incentive for house builders to provide greener, more sustainable homes.” (Caroline Flint)

The Government also believe this to be important in allowing buyers to make a more informed choice on the house that they buy so as to allow them to give consideration to their own environmental impact.

The Code for Sustainable Homes provides for nine areas of consideration supplementary to minimum building regulation standards which can lead to the classification of a new home being anywhere between one star and six stars. If only the minimum building regulation requirements are met then a nil-rating will be given which falls below the star system rating. The star system operates beyond this level and rewards consideration given over and above the minimum building regulations.

The nine areas which can be improved to increase a star rating are Energy/CO2 Efficiency, Water Efficiency, Waste, Surface Water Run-off, Materials, Pollution, Health and Wellbeing, Management and Ecology. Credits can be obtained in each area by satisfying relevant criteria and these then add up to an overall score which is then converted into a star rating. Full details can be seen at www.communities.gov.uk/documents/planningandbuilding/pdf/codesustainhomesstandard

The Government aims to encourage the uptake of the new system by setting an example and confirming that all new Government funded homes will reach a three star rating from 1st May 2008. They have also agreed to an exemption on stamp duty for all zero carbon homes. It is thought that at least one major developer is working to the three star standard and some others are demonstrating the achievability of the six star rating by undertaking pioneering carbon challenge projects which can be seen at www.englishpartnerships.co.uk/carbonchallenge.htm.

It is also being made easier for consumers to contribute towards the 2016 target. The Town and Country Planning (General Permitted Development) (Amendment) (England) Order 2008 comes into effect on 6th April 2008 and makes amendment to the Town and Country Planning (General Permitted Development) Order 1995.

The 2008 Order inserts a new part into the existing Order which extends the parameters for permitted development on a dwellinghouse. It allows the installation, alteration or replacement of solar PV (panels) or solar thermal equipment, stand alone solar panels, a ground source heat pump, a water source heat pump or a flue, forming part of a biomass heating system or forming part of a combined heat and power system. Collectively these are known as microgeneration technologies and can assist in reducing carbon emissions and save money.

When the new rules come into force it will no longer be necessary to obtain planning permission to install such technologies provided there is no impact on others and in order to assist with this some restrictions have been imposed. For example, solar panels attached to a building must not protrude more than 200 millimetres from the roof slope and stand alone panels must not exceed 4 metres above ground level or more than 5 metres from the boundary of the property.

With the cost of gas and electricity on the rise again and the continued pressure to address climate change, these alternative methods of energy production are being made more appealing. But the campaign will not end here. The Government intends to continue to legislate in this area and the next step is to allow attached and stand alone wind turbines to be installed without planning permission either. It is estimated that 30-40 per cent of the UK’s electricity could be met by installing microgeneration equipment to all types of building by 2050. It is also thought that commercial buildings currently account for 18 per cent of carbon emissions and it can therefore only be a matter of time before the legislative attentions are turned to this.

If you have any questions on this subject or any other construction matter, please contact Anthony Otterson at Watson Burton LLP (anthony.otterson@watsonburton.com).

This was posted in Bdaily's Members' News section by Ruth Mitchell .