Building Control (Environmental Sustainability) Regulations 2008

building works which involve a gross floor area of 5,000 square metres or more;

building works which involve increasing the gross floor area of an existing building by 5,000 square metres or more;

building works relating to an existing building which involve a gross floor area of 5,000 square metres or more.

where the building works relate to a residential building not referred to in sub-paragraph (c), (d) or (e) — an ES score of 50 points calculated in accordance with the Code;

where the building works relate to a non-residential building not referred to in sub-paragraph (c), (d) or (e) — an ES score of 50 points calculated in accordance with the Code; and

where the building works relate to any building on land sold on or after 5 May 2010 but before 30 June 2022 under the Government Land Sales Programme and the building is wholly or partly within an area described in the first column of the First Schedule — the relevant Green Mark Certification indicated in the second column of the First Schedule; (d)where the building works relate to any building on land sold on or after 20 July 2012 but before 30 June 2022 under the Government Land Sales Programme and the building is wholly or partly within an area described in the first column of the Second Schedule — the Green Mark Certification indicated in the second column of the Second Schedule; (e)where the building works relate to any building on land sold on or after 1 September 2014 but before 30 June 2022 under the Government Land Sales Programme and the building is wholly or partly within an area described in the first column of the Third Schedule — the relevant Green Mark Certification indicated in the second column of the Third Schedule;

where the building works relate to any building on land sold on or after 30 June 2022 under the Government Land Sales Programme — a Green Mark Certification of Green Mark Platinum Super Low Energy.

to both residential and non-residential buildings and the respective parts of building works relating to the residential building and to the non-residential building each involve a gross floor area of 2,000 square metres or more; or

to any mixed-use building and the building works relating to each of the following parts of the building involve a gross floor area of 2,000 square metres or more:

the part of the building which is constructed or used, or is to be constructed or used, as a residence or private dwelling; and

the remaining parts of the same building,each part of those building works shall be regarded as separate building works, and the minimum ES score or relevant Green Mark Certification in paragraph (1)(a), (b), (c), (d), (e) or (f), as the case may be, shall apply to each part as if each were separate building works.

to both residential and non-residential buildings and any respective part of the building works relating to the residential building or to the non-residential building involve a gross floor area of less than 2,000 square metres; or

to any mixed-use building and the building works relating to either of the following parts of the building involve a gross floor area of less than 2,000 square metres:

the part of the building which is constructed or used, or is to be constructed or used, as a residence or private dwelling; or

the remaining parts of the same building,the smaller part of the building works shall be disregarded and the minimum ES score or relevant Green Mark Certification in paragraph (1)(a), (b), (c), (d), (e) or (f), as the case may be, shall apply to the building works as if it comprised only the larger part.

the total (using the scoring methodology specified in the Code) of all numerical scores assigned by every appropriate practitioner who assesses the building works or part thereof is not less than the minimum ES score applicable to those building works; or

the relevant Green Mark Certification is achievable in respect of those building works.

a declaration from each appropriate practitioner who assessed the completed building works or any part thereof using the Code, stating the numerical score he assigned the building works or part thereof under regulation 5 and that the numerical score is correct;

a statement from the qualified person appointed under section 8(1)(a) or 11(1)(d)(i) of the Act to prepare the plans of those building works in accordance with the Act that the total (using the scoring methodology specified in the Code) of all numerical scores assigned by every appropriate practitioner who assessed the building works or part thereof is not less than the minimum ES score applicable to those building works; and

the total (using the scoring methodology specified in the Code) of all numerical scores assigned by the appropriate practitioners referred to in sub-paragraph (a).

the documents referred to in paragraph (1)(a), (b) and (c); and

such other documents as the Commissioner of Building Control may require in any particular case.

that the commission of the offence was due to the act or default of another appropriate practitioner or to some other cause beyond his control; and

that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or by any person under his control.