The Energy Performance of Buildings (England and Wales) Regulations 2012

• “improvement specific instalments” has the meaning given in regulation 30(3)(c) of the Green Deal Framework Regulations;

• “improvement-specific payment period” has the meaning given in regulation 30(3)(d) of the Green Deal Framework Regulations;

• “non-domestic property” has the meaning given in regulation 2(1) of the Green Deal Framework Regulations; and

• “regulated consumer credit agreement” has the meaning given in section 8 of the Consumer Credit Act 1974.

Enforcement and local authority buildings

34A

• (1) This regulation applies in relation to all buildings in respect of which a local authority is subject to a duty under any of regulations 6(2), 6(5), 7(2), 7(3), 7(4), 7(5) , 7A(2), 7A(3), 10(2), 11(2), 14(3), 18(1), 20, 21 and 35(5)... (“local authority buildings”).

• (2) The local weights and measures authority for an area (“Authority 1”) must agree in writing with the local weights and measures authority for another area (“Authority 2”) that Authority 2 will enforce regulations 6(2), 6(5), 7(2), 7(3), 7(4), 7(5) , 7A(2), 7A(3), 10(2), 11(2), 14(3), 18(1), 20, 21 and 35(5) ... in respect of local authority buildings in the area of Authority 1.

• (3) Once an agreement made under paragraph (2) comes into effect—

• (a) it is the duty of Authority 2 to enforce regulations 6(2), 6(5), 7(2), 7(3), 7(4), 7(5) , 7A(2), 7A(3), 10(2), 11(2), 14(3), 18(1), 20, 21 and 35(5) ... in respect of local authority buildings in the area of Authority 1; and

• (b) Authority 1 must publish that fact.

• (4) Authority 1 must notify an agreement made under paragraph (2) to the Secretary of State in writing.

• (5) An agreement under paragraph (2) may relate to part only of the area of Authority 1, but in that case Authority 1 must make one or more other agreements under that paragraph to ensure that there are such agreements in place in respect of the whole of its area.

• (6) Where more than one agreement under paragraph (2) is in place in respect of the area of Authority 1—

• (a) the references to Authority 2 in paragraph (3) apply to each authority with which Authority 1 has made such an agreement, but only within the part of the area of Authority 1 to which the agreement relates; and

• (b) Authority 1 must publish information in relation to every such agreement in accordance with paragraph (3)(b), and notify every such agreement to the Secretary of State in accordance with paragraph (4), stating in each case the part of its area to which the agreement relates.

• (7) Every local weights and measures authority must have complied with paragraphs (2), (3)(b) and (4) by the end of the period of three months beginning on the day after these Regulations come into force, or, if it is not reasonably practicable to do so within that time, as soon as is reasonably practicable after that time.

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Enforcement plans

34B

• (1) Every enforcement authority must ensure that it collects sufficient information concerning the buildings for which it has enforcement duties under regulations 34(2) and 34A(3) to enable it to plan effective enforcement action under this Part.

• (2) Enforcement action under this Part must be planned in accordance with guidance issued by the Secretary of State.

Annual reports by enforcement authorities

34C

• (1) Every enforcement authority must make and keep a record of all action that it takes under this Part.

• (2) Every enforcement authority must make in respect of every financial year of the authority a report (“the annual report”) to the Secretary of State on the actions that it has taken under this Part during that year.

• (3) The annual report must—

• (a) be made by the end of the period of two months beginning on the day after the end of the financial year concerned.

• (b) be in a form and contain information in accordance with guidance issued by the Secretary of State;

• (c) identify such agreements as the enforcement authority has entered into with any other enforcement authority under regulation 34A(2) to act as enforcement authority in relation to local authority buildings in the area of either; and

• (d) state any changes in the responsibility of enforcement authorities under such agreements.

• (4) A report made under this paragraph may be published by the enforcement authority by which it is made or by the Secretary of State.

Power to require production of documents

Penalty charge notices

Defence when energy performance certificate unobtainable

Penalty amount

Reviews

Appeal to the county court

Recovery of penalty charges

Service of documents

Offences relating to enforcement officers

Energy performance certificates on construction

7A

• (1) This regulation applies where—

• (a) a building is erected; or

• (b) a building is modified so that it has a greater or lesser number of parts designed or altered for separate use than it previously had, where the modification includes the provision or extension of any of the fixed services for heating, hot water, air conditioning or mechanical ventilation.

• (2) The person carrying out the building work must—

• (a) give an energy performance certificate for the building to the owner of the building;

• (b) give to the local authority notice to that effect; and

• (c) include in that notice the reference number under which the energy performance certificate has been registered in accordance with regulation 27(4), except in the case of an energy performance certificate issued under regulation 9A (energy performance certificates in respect of excluded buildings).

• (3) The energy performance certificate and notice must be given not later than five days after the building work has been completed.

Buildings to be demolished

Energy performance certificates

Energy performance certificates in respect of excluded buildings

9A

• (1) This regulation applies where—

• (a) a building in relation to which an energy performance certificate is requested to be issued is an excluded building; and

• (b) the person who requests the energy performance certificate—

• (i) notifies the energy assessor (whether in writing or otherwise) that the building is an excluded building; and

• (ii) requests (whether in writing or otherwise) that the energy performance certificate is issued under this regulation.

• (2) An energy performance certificate issued under this regulation must—

• (a) comply with the requirements set out in subparagraphs (a) to (e) of regulation 9(1), other than the requirement in subparagraph (e)(i) (reference number under which data entered onto register); and

• (b) be valid for the purposes of this Part in accordance with paragraph (4).

• (3) An energy performance certificate must not contain any information or data (except the address of the building) from which a living individual (other than the energy assessor or energy assessor’s employer) can be identified.

• (4) An energy performance certificate issued under this regulation is only valid for the purposes of this Part if—

• (a) it was issued no more than 10 years before the date on which it is made available; and

• (b) no other energy performance certificate for the building has since been issued under this regulation or entered onto the register.

• (4) Where this regulation applies, the energy assessor must not enter any data relating to the building onto the register.

• (5) Certification for building units may be based—

• (a) for a non-residential building, on a common certification of the whole building for blocks with a common heating system; or

• (b) on the assessment of another representative building unit in the same block.

• (6) Certification for a building which consists of a single dwelling may be based on the assessment of another representative building of similar design and size with a similar actual energy performance quality if such correspondence is guaranteed by the energy assessor issuing the energy performance certificate.

Display of energy performance certificates

Statement of energy performance rating

Production of copies of energy performance certificates

Electronic production of energy performance certificates

Display energy certificates for excluded buildings

15A

• (1) This regulation applies where—

• (a) a building in relation to which a display energy certificate is requested to be issued is an excluded building; and

• (b) the person who requests the display energy certificate—

• (i) notifies the energy assessor (whether in writing or otherwise) that the building is an excluded building; and

• (ii) requests (whether in writing or otherwise) that the display energy certificate is issued under this regulation.

• (2) A display energy certificate issued under this regulation must comply with the requirements of subparagraphs (a) to (e) of regulation 15(1), other than the requirement in paragraph (e)(i) (reference number under which data entered onto register).

• (3) Where this regulation applies, the energy assessor must not enter any data relating to the building onto the register.

Change of occupier

Reports in respect of excluded buildings

19A

• (1) This regulation applies where—

• (a) a building in relation to which an inspection report is requested to be issued is an excluded building; and

• (b) the person who requests the inspection report—

• (i) notifies the energy assessor (whether in writing or otherwise) that the building is an excluded building; and

• (ii) requests (whether in writing or otherwise) that the inspection report is issued under this regulation.

• (2) Where an energy assessor undertakes an inspection of the system under regulation 18 he must make a written report of the inspection and give it to the relevant person as soon as practicable after completing the inspection.

• (3) An inspection report issued under this regulation must comply with the requirements of paragraphs (2), (2A) and (3) of regulation 19, other than the requirement in paragraph (3)(a) (reference number under which data entered onto register).

• (4) Where this regulation applies, the energy assessor must not enter any data relating to the building onto the register.

Keeping of records etc

Changes of relevant person

Publication of bulk access data on a website

30A

• (1) Subject to paragraph (2), the keeper of the register may publish on a website bulk access data relating to any building appearing on the register.

• (2) Under this regulation the keeper of the register may not publish the name of an individual or any data in relation to which an opt-out is in effect in accordance with regulation 30(3).

Disclosure of bulk access data

Disclosure by keeper of register

Fee for disclosure of bulk access data

SCHEDULEB1 — Specified data items for online publication

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Electronic service of energy performance certificates

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Disclosure of assessment data

29A

• (1) The keeper of the register, an accreditation scheme or an energy assessor may disclose assessment data—

• (a) in relation to a particular building, to—

• (i) the owner, landlord or occupier of that building; or

• (ii) a third party with the consent of a person listed in (i);

• (b) in relation to an air-conditioning system to which Part 4 applies, to the relevant person.

• (2) In this regulation “assessment data” means any data held that was collected during an energy assessment, whether or not that data has been entered onto a register but does not include—

• (a) green deal information; or

• (b) the name of an individual.

• (3) “Energy assessment” has the meaning given in regulation 26.

• (4) This regulation does not apply in relation to excluded buildings.

Disclosure of general access data

Publication of bulk access data on a website

Disclosure of bulk access data

Disclosure by keeper of register

Fee for disclosure of bulk access data