I already know what the Code for Sustainable Homes is, but remind me again anyway.

The Code for Sustainable Homes measures the sustainability of a new home against nine
categories of sustainable design. Two of these categories, CO2 emissions and water
consumption, have mandatory standards1. The Code uses a one to six star rating system to
communicate the overall sustainability performance of a new home. The Code sets minimum
standards for energy and water use at each level in addition to some mandatory elements2 that
need to be met before any rating can be achieved. Within England and Wales the Code
replaced the EcoHomes scheme, developed by the Building Research Establishment (BRE).

The Code supports the government target that all new homes will be zero carbon3 from 2016
and the step changes in Building Regulations Part L leading to this4.

I understand that its mandatory, so when do I need to achieve the various levels by?

A rating against the Code has been mandatory since 1 May 2008. So whilst its true to say that
its mandatory, you dont actually need to reach any of the six levels as whilst all new homes
must be supplied with a Code rating, this can be a rating of 0.

Achieving a particular level, such as Code Level 4, is not mandatory at the national level, nor is
it planned to be so. The confusion on this issue stems from the Buildings Regulations Part L,
which addresses the conservation of fuel and power in dwellings and is used to calculate carbon
efficiency. The Regulations will be updated in 2010, 2013 and 2016 and it is expected that the
energy performance requirements will be made equivalent to the existing Code Levels 3, 4 and
6 respectively. Some people have taken this as meaning that the Code levels themselves will be
mandatory but this is not the case, its just the CO2 emission requirements of each Code level
that will effectively be made mandatory through the Buildings Regulations.

1
http://www.planningportal.gov.uk/uploads/code_for_sustainable_homes_techguide.pdf (page 13)
2
For four issues there is a mandatory requirement that must be met before any rating can be achieved.
There are no credits awarded for these. The four un-credited issues are; materials, surface water run-off,
household waste storage and construction site waste management.
3
The Governments definition of zero carbon homes has been agreed and can be found at:
http://www.communities.gov.uk/statements/planningandbuilding/1284968
4
http://www.communities.gov.uk/planningandbuilding/buildingregulations/legislation/codesustainable/
 Existing housing that is being refurbished, or buildings being converted to domestic use still fall
under the precursor to the Code, EcoHomes and as yet the Code has not been adopted in
Scotland where EcoHomes is still used. EcoHomes is similar to the Code but slightly simpler
and has no mandatory requirements. These buildings still fall under Part L1b of the Buildings
Regulations.

Well, thats true for most housing. The Homes and Communities Agency have different rules for
all housing developments that they are involved in.

Which are?

The Homes and Communities Agency is a merger of the former English Partnerships and
Housing Corporation. Each of these former agencies published their own Code for Sustainable
Homes guidance and until the Homes and Communities Agency board issues its own direction,
both of those guides remain valid. As such, former English Partnerships sites require code level
4 from April 2010 . Under the National Affordable Housing Programme, the HCA will require
Code level 4 from April 2011 as set out in the Housing Corporations Design and Quality
Strategy6.

So if the Code isnt mandatory, who makes up the rules and enforces them?

This is where Local Authorities enter the fray. Through PPS: Planning and Climate Change
Supplement to PPS1 (CLG, 2007) local authorities are allowed to request higher levels of Code
than are required through the Buildings Regulations. The crucial bit here is that they must be
required through a policy in the local authoritys Development Plan Documents (DPDs), they
cannot be introduced for the first time through a Supplementary Planning Document (SPD). This
was underlined by a recent Appeal decision (28/09/09) This applies to both already adopted
and forthcoming DPDs and SPDs.

The PPS also states that local planning authorities can expect higher levels of building
sustainability in advance of the national timetable where demonstrably possible. This puts a
clear emphasis on the need to justify policies.

How does this apply to a phased development or one with a long construction period?

The energy performance of a proposed development will be judged against the relevant
Buildings Regulations or Code for Sustainable Homes requirements at the time that planning
permission is granted. For phased developments, if separate phases require separate planning
permissions, the requirements will be those relevant at the time each phase is granted planning
permission.

5
http://www.englishpartnerships.co.uk/qualitystandards.htm
6
http://www.housingcorp.gov.uk/upload/pdf/Design_and_quality_strategy.pdf
7

http://www.pcs.planningportal.gov.uk/pcsportal/fscdav/READONLY?OBJ=COO.2036.300.12.1277598&N
AME=/Decision.pdf (paras 23 24)

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 Where should I look for more information?

Ultimately, ownership of the Code for Sustainable Homes agenda lies with Communities and
Local Government (CLG). Additional information can be found on the Buildings Research
Establishment (BRE) website.

CLG:
http://www.communities.gov.uk/planningandbuilding/buildingregulations/legislation/codesustaina
ble/

BRE:
http://www.breeam.org/page.jsp?id=86

What can WSP do?

WSP have an experienced team of Code for Sustainable Homes practitioners with an extensive
track record of helping clients through the Code for Sustainable Homes process. We couple this
with a leading edge knowledge in a range of associated fields such as environmental planning,
sustainable masterplanning, energy generation and efficiency, Environmental Impact
Assessment, Sustainability Appraisal/Strategic Environmental Assessment and sustainable
design and construction. We can provide complete solutions to your Code for Sustainable
Homes requirements.

Gareth Sammons
Associate Director

Business: +44 (0)11 7930 2000

Mobile: +44 (0)75 0012 2983
Email: gareth.sammons@wspgroup.com

Barny Evans
Principal Consultant

Business: +44 (0)11 7930 2000

Mobile: +44 (0)78 2730 6501
Email: barney.evans@wspgroup.com

Russell Buckley
Senior Consultant

Business: +44 (0) 1256 318839

Mobile: +44 (0)78 2584 3565
Email: russell.buckley@wspgroup.com

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