EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland) 2008 (“the Principal Regulations”). The Principal Regulations implemented the provisions of Articles 7, 9 and 10 of Directive 2002/91/EC of the European Parliament of 16 December 2002 on the energy performance of buildings (“the 2002 Directive”). These Regulations implement the requirements of Articles 2(9), 11(2)(a), 11(2)(b), 11(3) and 13(2) of the European Parliament of 19 May 2010 on the energy performance of buildings (“the recast Directive”).

Regulation 3 amends or inserts new definitions to implement Article 2(9) of the recast Directive and to clarify the provisions of the Principal Regulations.

Regulation 4 inserts a new regulation 7 into the Principal Regulations to clarify that recommendation reports shall include cost-effective measures that could be carried out with and without major renovations in accordance with Articles 11(2)(a) and 11(2)(b) of the recast Directive. A requirement that the cost-effective measures recommended by the energy assessor must be technically feasible has been introduced in accordance with Article 11(3) of the recast Directive.

Regulation 5 transposes Article 13(2) of the recast Directive. It amends regulation 8A to require the display of energy performance certificates in certain buildings where such a certificate has already been issued on construction.

A Transposition Note has been prepared. Copies may be obtained on request from the Energy Performance Unit, Building Standards Branch, Department of Finance and Personnel, 3rd Floor Northland House, 3-5A Frederick Street, Belfast BT1 2NR. Alternatively, copies may be downloaded from www.epb.dfpni.gov.uk.