Context 153 - March 2018

C O N T E X T 1 5 3 : M A R C H 2 0 1 8 3 landlords on making energy efficiency improvements’, highlights performance characteristics of traditional buildings, and issues relating to both historic character and breathing buildings; and it references the whole-house approach developed by the Sustainable Traditional Buildings Alliance. It states that: ‘In nearly all cases, retrofit work will need to comply with the building regulations’ (although puzzlingly, there is no mention of Part L of the building regulations, now up for review for implementation in 2019 – be vigilant!) ‘through either the local authority, an approved inspector, or the competent persons scheme.’ It continues: ‘If the property in question is a traditional building, then knowledge of BS 7913: Guide to the Conservation of Historic Buildings is encouraged.’ Historic England’s advice relating to traditional buildings is referenced, and ‘landlords are encouraged to approach their local authorities for more direct advice’ (although conservation officers are not mentioned by name). So far, so good, but there is major confusion in relation to the minimum energy efficiency requirements and to the exemptions. The draft Department for Business, Energy and Industrial Strategy (BEIS) guidance suggested a conditional exemption for listed buildings (as not requiring an EPC, so not within the scope of PRS). In its response, the IHBC objected to this approach on the basis that many historic buildings are amenable to some energy-efficiency improvements without harm (as per Part L), and that a blanket exemption would exacerbate perceptions of historic buildings as obstacles to climate-change adaptation. The published BEIS guidance potentially extends the exemptions to include buildings in conservation areas. This change is consistent with the governing European Energy Performance of Buildings Directive 2008, which provides exemptions for ‘designated environments’. This approach is carried forward in the Ministry of Housing, Communities & Local Government (MHCLG) guidance on EPCs for dwellings and non-dwellings, published in December 2017 ⁶. ‘An EPC is generally not required where the seller or landlord can demonstrate that the building is any of these: buildings protected as part of a designated environment or because of their special architectural or historical merit are exempt from the requirements to have an energy performance certificate insofar as compliance with minimum energy performance requirements would unacceptably alter their character or appearance. ‘To comply with minimum energy performance requirements, many of the recommendations in an EPC report eg double glazing, new doors and windows, external wall insulation, and external boiler flues would likely result in unacceptable alterations in the majority of historic buildings. These can include buildings protected as part of a designated environment or because of their special architectural or historical merit (eg listed buildings or buildings within a conservation area). In these cases an EPC would not be required. ‘Building owners will need to take a view as to whether this will be the case for their buildings. If there is any doubt as to whether works would unacceptably alter the character or appearance of a building, building owners may wish to seek the advice of their local authority’s conservation officer.’ (The guidance goes on to list a number of other situations in which an EPC is not required.) The Catch-22 is that to know what measures would be needed to get a protected building to Band E, and whether they would be damaging, you need an EPC. The last paragraph puts the hard-pressed conservation officer (if there is one) in the hot seat, but this guidance expects him or her to be even more all-knowing than usual. How can a conservation officer be reasonably expected to know what works might be needed to bring any particular building up to meet a specified minimum energy efficiency standard, to make a reasoned assessment as to the acceptability of any impacts, or what might be the alternative options? How many conservation officers will even have time to begin to grapple with these questions? Historic England has had many enquiries on this issue and is planning to meet the MHCLG soon to seek some clarity. The BEIS was due to speak on PRS at the STBA Advisory Group in February. So by the time you read this, we will hopefully have been able to iron out some of the confusion, but I am not holding my breath. Be as ready as you can be for the first of April. John Preston is convenor of the IHBC green panel and heritage chair of the Sustainable Traditional Buildings Alliance. With thanks to David Pickles and Robyn Pender of Historic England 1 https://legislationupdateservice.co.uk/ blog/energy-efficiency-regulations-2015/ 2 Clean Growth Strategy , October 2017, https://www.gov.uk/government/ publications/clean-growth-strategy 3 An Independent Assessment of the Government’s Clean Growth Strategy, www.theccc.org.uk/wp-content/ uploads/2018/01/CCC-Independent- Assessment-of-UKs-Clean-Growth- Strategy-2018.pdf 4 www.gov.uk/government/uploads/ system/uploads/attachment_data/ file/656541/Non-Dom_Private_Rented_ Property_Minimum_Standard_-_ Landlord_Guidance.pdf 5 www.gov.uk/government/uploads/ system/uploads/attachment_data/ file/669587/Domestic_Private_Rented_ Landlord_Guidance_-_Updated_ Version.pdf 6 www.gov.uk/government/uploads/ system/uploads/attachment_data/ file/671018/A_guide_to_energy_ performance_certificates_for_the_ marketing_sale_and_let_of_dwellings. pdf; www.gov.uk/government/uploads/ system/uploads/attachment_data/ file/666186/A_guide_to_energy_ performance_certificates_for_the_ construction_sale_and_let_of_non- dwellings.pdf Rural Panel welcomes guidance The IHBC was represented at the launch of new Historic England guidance on the adaptive re-use of farm buildings, in tandem with guidance on maintenance and repair. At the launch it was possible to raise a number of thorny issues with ministers, such as the effect of building control and the stringent requirements of energy conservation on adaptive re-use. The IHBC’s Rural Panel supports the new documentation and commends it to practitioners. The following publications have recently been updated and revised: The Adaptive Reuse of Traditional Farm Buildings This guidance, aimed at owners, building professionals and local planning authorities, was first published in 2006 as The Conversion of Traditional Farm Buildings. It recognises that the majority of traditional farm buildings have now become partly or wholly redundant for modern agricultural purposes, unsupported by income to fund their maintenance and repair, but still have the potential to be of economic value. The guidance explains how significance can be retained and enhanced through well-informed and designed adaptation to new uses.