1. New buildings other than dwellings which are roofed constructions having walls and which use energy to condition the indoor climate must comply with the energy efficiency requirements unless they are exempt as set out at regulation 21(3) of the Building Regulations. For the purposes of the energy efficiency requirements of the Building Regulations a building means the whole of a building or parts of it designed or altered to be used separately. The following classes of new buildings or parts of new buildings other than dwellings are exempt:
a. buildings which are used primarily or solely as places of worship;
b. temporary buildings with a planned time of use of two years or less, industrial sites, workshops and non-residential agricultural buildings with low energy demand;
c. stand-alone buildings other than dwellings with a total useful floor area of less than 50 m²;
d. some conservatories and porches.
2. The following paragraphs give guidance on those exemptions that relate to new buildings that are not dwellings.
a. Places of worship: For the purposes of the energy efficiency requirements, places of worship are those buildings or parts of a building that are used for formal public worship, plus adjoining spaces whose function is directly linked to that use (for example, a vestry in a church). Traditional, religious or cultural constraints often make it impossible for buildings or parts of buildings that are used for public worship to comply with the energy efficiency requirements. Parts of the building that are designed to be used separately, such as offices, catering facilities, day centres, meeting halls and accommodation, are not exempt from the energy efficiency requirements.
b. Temporary buildings: For the purpose of the energy efficiency requirements, a temporary building with a planned time of use of two years or less is exempt. Portable or modular buildings, whether on one or more sites, which have a planned service life longer than two years, are not exempt.
c. Industrial sites, workshops and non-residential agricultural buildings with low energy demand: In relation to this category of exempt building, the low energy demand only relates to the energy used by fixed heating or cooling systems, NOT to energy required for or created by process needs. The following are examples of buildings in the above categories that have low energy demand:
i. buildings or parts of buildings where the space is not generally heated or cooled other than by process heat;
ii. buildings or parts of buildings that only require heating or cooling for short periods each year, such as during critical periods in the production cycle (e.g. plant germination, egg hatching) or during very severe weather conditions.
Industrial sites, workshops and non-residential agricultural buildings are exempt only if they meet the low energy demand criterion. In other cases, such buildings must comply with energy efficiency requirements. Other buildings which have a low energy demand but do not fall into one of the above categories are not exempt.