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The Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland) 2008

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PART 1INTRODUCTORY

Citation and commencement

1.—(1) These Regulations may be cited as the Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland) 2008.

(2) Subject to regulation 4 and 6(1) and notwithstanding regulation A5 of the Building Regulations (Northern Ireland) 2000(1), these Regulations apply to all buildings including buildings which would otherwise be exempt from building regulations by virtue of regulation A5.

(3) Each provision of these Regulations referred to in column (2) of the Table in the Schedule shall come into operation on the date referred to in column (1) of that Table, for the purposes referred to in column (3).

Interpretation

2.—(1) In these Regulations—

“accreditation scheme” means a scheme approved by the Department in accordance with regulation 19;

“advisory report” means a report issued by an energy assessor, after his energy assessment of the building, which contains recommendations for the cost-effective improvement of the energy performance of the building;

“air-conditioning system” means a combination of all the components required to provide a form of air treatment in which the temperature is controlled or can be lowered, and includes systems which combine such air treatment with the control of ventilation, humidity and air cleanliness;

“asset rating” means a numerical indicator of the amount of energy estimated to meet the different needs associated with a standardised use of a building, calculated according to a methodology approved by the Department;

“building” means a roofed construction having walls, for which energy is used to condition the indoor climate, and a reference to a building includes a reference to a part of a building which has been designed or altered to be used separately;

“Department” means the Department of Finance and Personnel;

“display energy certificate” means a certificate that complies with regulation 12;

“dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling;

“effective rated output” means the maximum calorific output (expressed in kilowatts) specified and guaranteed by the manufacturer of the system as being deliverable during continuous operation while complying with the useful efficiency indicated by the manufacturer;

“energy assessor” means an individual who is a member of an accreditation scheme in accordance with regulation 19;

“energy performance certificate” means a certificate that complies with regulation 8;

“inspection report” means a report issued by an energy assessor in accordance with regulation 16;

“nominated date” means, in relation to a display energy certificate, a date not more than 3 months after the end of the period over which the operational rating is calculated, which is nominated by the energy assessor who issued the certificate;

“operational rating” means a numeric indicator of the amount of energy consumed during the occupation of the building over a period of 12 months (unless regulation 13(3) applies), ending not earlier than 3 months before the nominated date, calculated according to a methodology approved by the Department;

“recommendation report” means a report that contains recommendations for the cost-effective improvement of the energy performance of the building issued by the energy assessor who issued the energy performance certificate;

“relevant person” means—

(a)

in relation to a building which is to be sold, the seller;

(b)

in relation to a building which is to be rented out, the prospective landlord;

(c)

in relation to a building in circumstances where regulation 6 applies, the person responsible for having the construction work carried out ; and

(d)

in relation to an air-conditioning system, the person who has control of the operation of the system.

(2) Unless otherwise defined in these Regulations, terms used in these Regulations have the same meaning as in Directive 2002/91/EC of the European Parliament and the Council on the energy performance of buildings(2).

Prospective buyer or tenant

3.  A person becomes a prospective buyer or tenant in relation to a building when he—

(a)requests any information about the building from the relevant person or his agent for the purposes of deciding whether to buy or rent the building;

(b)makes a request to view the building for the purposes of deciding whether to buy or rent the building; or

(c)makes an offer, whether oral or written, to buy or rent the building.

(2)

O.J. No. L1, 4.1.2003, p. 65

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