Legislation

The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007

Articles 7, 9 and 10 of the EPBD have been implemented through the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007. This will ultimately increase pressure on all building owners and occupiers to improve energy efficiency.

The following provides an explanation of the recommendations set in the Energy Performance of Building Regulations.

• The building Energy Performance Certificate (EPC) must show the “asset rating”. The asset rating will express the energy efficiency and environmental impact of the building in terms of carbon dioxide emissions. This will generally be expressed on an A-G scale. The asset rating is calculated using the method published by the Department of Communities and Local Government. An EPC is required for every building which is built, sold or let, and should be available to prospective buyers / renters. These certificates will be valid for 10 years. This requirement will hold for:
• the sale or rent of all buildings other than dwellings with a floor area over 500m2 from 06/04/2008.
• the construction of all non dwellings from 06/04/2008
• the sale or rent of all remaining buildings other than dwellings from 01/10/2008
• The Display Energy Certificate (DEC) shows an “operational rating”. This will be derived from meter readings which shows the energy consumed during the occupation of the building over a 12 month period. A DEC is required for every building with a useful floor area over 1000m2 where the owner is a public authority or an institution which provides public services to a large number of persons and is frequently visited by those persons. These criteria would include Government Departments or Agencies, museums and, swimming pools but not hotels or retail outlets. The certificate must be displayed prominently and be clearly visible to members of the public. These certificates will be valid for 12 months and must be replaced annually. The operational rating does not have to be included on the DEC during the occupier’s first 15 months of occupation. In addition to the DEC, an advisory report containing recommendations for improving the energy performance of the building is required. This requirement will hold for all public buildings from 06/04/2008
• Any air conditioning systems in a building which have a collective cooling capacity larger than 12kW must be inspected at regular intervals. This should be done by an accredited energy assessor at intervals not exceeding 5 years.
• First inspection of all existing systems over 250kW must have occurred by 04/01/2009
• First inspection of all remaining systems over 12kW must have occurred by 04/01/2011
• Energy assessors who produce EPCs or DECs or inspect air conditioning systems must be members of an accreditation scheme approved by the secretary of state.
• A register of EPCs, DECs and related recommendation / advisory reports will be maintained by the Secretary of State. The regulations will be enforced by the local weights and measures authorities. The penalty for breaches are:
• Sale or rent of dwelling: £200
• Sale or rent of commercial building: £500 - £5000
• Failing to display a DEC: £500
• Failing to obtain an advisory report: £1000
• Failing to have an air conditioning system inspected: £300

In the UK, Article 8 of the EPBD is being implemented by providing advice and information in relation to the energy performance of boilers and heating systems.

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