According to the Committee on Climate Change's Sixth Carbon Budget, the UK's construction sector is responsible for 25% of the UK's carbon emissions. It was clear that to achieve the target of reducing economy-wide greenhouse gas emissions by at least 68% by 2030 (compared to 1990 levels), there needed to be widespread changes in the construction industry. One way the conservative government sought to tackle this is through the implementation of the Future Homes Standard (now named the Future Homes and Buildings Standards)(FHBS) which will apply to new homes and mixed-use buildings constructed after the updates to the Building Regulations 2010 (BR 2010) come into force in 2025.
Five years have passed since the Future Home Standard (in its original guise) was first proposed. In 2025, the FHBS will be mandatory, and with it, the target to achieve at least a 75%-80% in reduction of CO2 emissions in new build homes. So, what is the FHBS and how will it affect the construction industry?
Background
The conservative government hosted a two-stage consultation from 2019-2021 on the Future Homes Standard which considered proposed changes to the BR 2010. The second stage response was published as the Future Buildings Standards (FBS) in December 2021. Following the 2019 and 2021 consultations, updates to Part L and F of the BR 2010 and a new Part O came into effect from June 2022 and included climate protection measures such as a 31% reduction in the CO2 emissions of new build homes and 27% reduction for all other buildings, including offices and shops. A further consultation by DLUHC (as it was then called, now the Ministry of Housing, Communities and Local Government) on the technical details and specification of the FHBS was undertaken in 2023, and the response and precise amendments to the BR 2010 are awaited.
Amendments to Part L and Part F, and new Part O in force from 15 June 2022
Part L of the BR 2010 concerns the conservation of fuel and power in dwellings (Volume 1) and buildings other than dwellings (Volume 2) and introduced new minimum efficiency levels for lighting, thermal elements and heating systems.
Part F of the BR 2010 covers ventilation and the key amendments introduced minimum ventilation rates for dwellings and non-dwellings.
The new Part O introduced related to overheating and only applies to new residential buildings. For more information on the new Part O Regulations, please see our colleague Amy Bentall's article: "Cooler buildings in a warmer world: The new Part O of the Building Regulations"
2023 Consultation
DLUHC ran a public consultation on the FHBS in 2023 on further proposed changes to Part L, F and O of the BR 2010. The response is awaited but a number of proposals were set out in the consultation, including:
- performance requirements ensuring all new homes and domestic buildings have high fabric standards, use low-carbon heating and are "zero-carbon ready";
- increase in the minimum standards for fixed building services and on-site electricity generation;
- expansion of cleaner heat networks and performance requirement for those heat networks;
- amendments to the BR 2010 to repeal redundant regulations and reflect that reducing carbon emissions is the central aim of the FHBS;
- increased minimum standards for heat loss from buildings;
- reporting on whole life cycle emissions and promoting off-site construction;
- changes to the regulations permitting local authorities to relax or dispense with energy efficiency requirements where it would be unreasonable to meet the standards; and
- consulting on transitional arrangements where there will be two options for either a 6 month or 12 month transitional period between FHBS legislation being laid (in 2024) and it coming into force (in 2025).
In March 2024, The Housing Forum published its response to the FHBS 2023 consultation, which raised various concerns around:
- increased costs and how these will be passed down, in particular where social landlords do not have the capacity to increase rent to account for these costs;
- practical implications of mechanical cooling;
- concerns around the transitional timescales and making sure there is a coordinated approach to implementation; and
- concerns around affordability of electricity.
Impact on the construction industry
2025 is now less than a year away, and with it, the FHBS and its carbon emissions targets becoming mandatory. The updates to the BR 2010 once brought into force will apply to any new homes and relevant buildings built from that point and so anyone carrying out construction after those updates in 2025 will need to be mindful of the new standards. The detailed specification and technical details of the FHBS and their implementation into regulation following the 2023 consultation are still awaited and clients should ensure they keep updated on this over the course of 2024/25.
Under the Building Act 1984, local authorities have the power to prosecute a person for carrying out building works in contravention of Building Regulations. Penalties include fines and/or imprisonment for up to two years. Furthermore, where there has been a contravention of building regulations, a local authority will not issue a completion certificate which will affect the ability to sell the property. Therefore, developers procuring works will need to ensure any buildings/sites covered by Part L, F and O comply with these regulations. We recommend keeping updated on the outcome of the 2023 consultation and updates to the BR 2010 which will follow. In the meantime, reviewing the proposals set out in the consultation can give an idea of the changes to be expected and be used to prepare for these new standards.
