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

Official description of the Act

The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 came into force on 29 March 2007 to address the requirements of the Energy Performance of Buildings Directive (2002/91/EC), which was introduced to promote the improvement of energy performance of buildings, and is the main legislative instrument at European Union level to improve building energy performance. The Directive requires that member states must apply minimum energy performance requirements for new and existing buildings, energy performance certification and the inspection of boilers and air conditioning systems in buildings. 

The Regulations require Energy Performance Certificates for buildings: 

• Energy Performance Certificates are required when a commercial building over 50m² is built, sold or rented.
• EPCs must be provided free and made available by the owner to prospective buyers and tenants.
• EPCs are valid for ten years but must be renewed if modifications to the property are made.
• Energy Performance Certificates must be produced by an accredited energy assessor. 

Display Energy Certificates (DECs) are required for buildings that are occupied by a public authority or institution providing a public service to a large number of people and frequently visited by the public. The purpose of DECs is to raise public awareness of energy use and to inform visitors to public buildings about the energy use of a building. The DEC is based on the actual amount of metered energy used by the building over a 12-month period and is accompanied by an advisory report listing energy improvement recommendations. 

Key requirements for DECs include: 

• Display Energy Certificates are required for public buildings over 1,000m².
• The DEC is valid for one year and the advisory report is valid for seven years.
• They must be displayed in a prominent place and clearly visible to the public. 

Inspections of air conditioning systems are required under the Regulations primarily to improve efficiency and reduce the electricity consumption, operating costs and carbon emissions.

The inspection includes a report that highlights opportunities for improvements to system operation. The inspection will be particularly relevant for old, oversized or poorly controlled systems and also systems using refrigerants subject to phase-out under separate regulations. Key requirements for air conditioning inspections include: 

• For all systems first put into service on or after 1 January 2008, the first inspection must have taken place within five years of the date when it was first put into service.
• For other air conditioning systems, where the effective rated output is more than 250kW, the first inspection must happen by 4 January 2009.
• For other air conditioning systems, where the effective rated output is more than 12kW, the first inspection must happen by 4 January 2011.
• From 4 January 2011, if the person in control of the air conditioning system changes and the new person in control is not given an inspection report, the new person in control of the system must ensure the air conditioning system is inspected within three months of the day that person assumes control of the system.
• Inspections must be a maximum of five years apart.
• An energy inspection of an air conditioning system must be carried out by an accredited energy assessor. 

On 19 May 2010, a recast of the Energy Performance of Buildings Directive was adopted by the European Parliament and the Council of the European Union in order to strengthen the energy performance requirements and to clarify and streamline some of the provisions from the 2002 Directive it replaces. The key changes are: 

• By 31 December 2020, all new buildings must be nearly zero energy buildings. Where the building is to be owned and occupied by a public sector authority, then this requirement will apply after 31 December 2018.
• Where an existing building undergoes major renovations, the energy performance of one of the following must be upgraded – the entire building; the building unit that has been renovated, or the building elements.
• The 1,000m² threshold for major renovation has been deleted and this will take effect when the national regulations have been implemented.
• A harmonised calculation methodology for minimum energy performance requirements is set out in the Directive, and MS have to justify if the difference between current requirements and cost optimal requirements is more than 15%.
• When considering the economic feasibility of alternative systems, particular attention is to be paid to district heating or systems that would be based entirely or partially on renewable energy. The analysis of alternative systems may be carried out for individual buildings, groups of buildings or for common typologies of buildings in the same area.
• Public authorities will be encouraged to take into account the leading role which they should play in the field of energy performance. Amongst other things, this may include implementing the recommendations in an EPC for buildings owned by them, within its validity period.
• Display Energy Certificates to be displayed in buildings larger than 500m² occupied by public authorities and frequently visited by the public, dropping to 250m² after five years.
• When a building is offered for sale or rent, the energy performance indicator of the EPC for the building is to be stated in the advertisement.
• The requirement that an EPC is displayed in commercial premises larger than 500m² frequently visited by the public and where an EPC has previously been issued.
• A more detailed and rigorous procedure for issuing energy performance certificates will be required.
• Member states have to strengthen the quality of inspection of boilers, heat and AC systems.
• Member states will be required to introduce penalties for non-compliance. The penalties provided for must be effective, proportionate and dissuasive.

 The transposition of the EPBD recast should be effective from July 2012.

Official link to the Act