The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations ensure the continued implementation in England and Wales of articles 7 and 9 of Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings (2002/91/EC, OJ No L 1, 4.1.2003, p 65) (“the Directive”). The Directive lays down the requirements for the production of energy performance certificates (“EPCs”) when buildings are constructed, sold or rented out, for display of such certificates in large public buildings, and for regular inspections of air-conditioning systems.

These Regulations make amendments to the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (SI 2007/991) (“the 2007 Regulations”). The main changes affect the requirements (including enforcement and compliance) for the production of EPCs and the inspection of air-conditioning systems as follows.

Regulation 2(4) extends the application of the duties in regulation 5A (energy performance certificates on marketing) of the 2007 Regulations to a building which is sold or rented out, and substitutes a relevant person (as defined in regulation 2 of the 2007 Regulations) for a seller of residential property, as the person to whom those duties apply. Regulation 5A is also amended to reduce the amount of time that a relevant person and person acting on behalf of such a person is allowed to secure an EPC, from 28 to 7 days. An additional duty is imposed to ensure that where an EPC has not been secured during that period, it must be secured within 21 days of the end of that period. Consequential amendments in relation to enforcement of the new duty are made to regulations 38, 39, 40, 42 and 43 of the 2007 Regulations.

Regulation 2(5) extends the application of the duty in regulation 6 (providing energy information with particulars) of the 2007 Regulations to any building which is sold or rented out. An amendment is made which removes the option to include an asset rating on the written particulars as an alternative to the EPC once the EPC has been obtained. The meaning of ‘written particulars’ is defined differently in relation to particulars for sale and particulars for rent. As an exception to the requirement of regulation 11(1)(d)(ii) of the 2007 Regulations, provision is made to allow the person subject to the duty to provide the written particulars to omit the address of the building from a copy of the first page of the EPC where the address has been omitted from those particulars.

Regulation 3(5) amends regulation 31 (registration of certificates etc) of the 2007 Regulations by requiring the Secretary of State to maintain air-conditioning inspection reports on a register, and imposes a duty on energy assessors to enter such an inspection report on the register. An amendment is made to regulation 32 (fees for entering onto register) so that a fee can be charged for lodging an inspection report on the register. A number of minor consequential amendments are made to the 2007 Regulations to take account of the main changes described in this paragraph.

Regulation 3(11) amends regulation 42(1A) (defence where EPC unobtainable) of the 2007 Regulations to extend the defence to relevant persons, because the duty under regulation 5A(2) of the 2007 Regulations has been extended to such persons.

Regulation 4 makes a saving provision for residential properties marketed before these Regulations come into force so that regulations 5 and 5A of the 2007 Regulations as unamended continue to apply to such properties.

Regulation 5 requires the Secretary of State to review the operation and effect of these Regulations and publish a report within five years after they come into force and within every five years after that. Following a review it will fall to the Secretary of State to consider whether the Regulations should remain as they are, be amended, or be revoked.

A transposition note setting out how the 2007 Regulations implement Articles 7 to 10 of the Directive and an impact assessment of the effect of these Regulations will have on the costs of business and the public and voluntary sectors is available from Climate Change and Sustainable Buildings Division (Tel: 0303 44 41836 Fax: 0303 44 43313: e-mail: epc.enquiry@communities.gsi.gov.uk) or on the Department’s website www.communities.gov.uk. The Explanatory Memorandum to these Regulations is available alongside the Regulations on the OPSI website at www.legislation.gov.uk.