The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2017

Made13th March 2017

Laid before Parliament15th March 2017

Coming into force6th April 2017

The Secretary of State is a Minister designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to measures relating to the environment.

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 2(2) of the European Communities Act 1972 and by section 74 of the Energy Act 20113.

Citation, commencement1

1

These Regulations may be cited as the Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2017.

2

These Regulations come into force on 6th April 2017.

Amendment of the Energy Performance of Buildings (England and Wales) Regulations 20122

The Energy Performance of Buildings (England and Wales) Regulations 20124 are amended in accordance with the following regulations.

Amendment of regulation 283

In regulation 28 (fees for entering data onto the register)—

a

in paragraph (a) for “£2.07” substitute “£1.82”; and

b

in paragraph (b) for “£12.82” substitute “£10.12”.

Amendment of Schedule B14

In Schedule B1 (specified data items for online publication)—

a

in the list of items in paragraph 2—

i

omit “and” before item (uuu), and

ii

add at the end of the list the following items—

vvv
the construction age band for the building,
www
the time stamp to show when the data were entered into the register,
xxx
the date on which the energy assessor completed the report,
yyy
the tenure type,
zzz
the indicative cost, typical saving per year and energy efficiency rating and environmental efficiency ratings associated with recommended improvements,
aaaa
whether a pressure test has been carried out or an assumed value has been used for air permeability,
bbbb
the results of any air permeability test,
cccc
the size of the living area,
dddd
the orientation of the front of the building,
eeee
the type of any conservatory,
ffff
the description of the main building part,
gggg
the amount of over-shading for the main building part,
hhhh
the number of open flues in the building,
iiii
the number of extract fans in the building,
jjjj
the number of pressure safety valves in the building,
kkkk
the number of flueless gas fires in the building,
llll
the number of sheltered sides of the building,
mmmm
the type of ventilation,
nnnn
the source of any mechanical ventilation data,
oooo
the product index number of any mechanical ventilation system,
pppp
the number of fans located in the kitchen,
qqqq
the number of ducts located in the kitchen,
rrrr
the number of fans in rooms other than the kitchen,
ssss
the number of ducts in rooms other than the kitchen,
tttt
the proportion of the total floor area served by the main heating system,
uuuu
the main heating data source,
vvvv
the boiler index number,
wwww
the age of the central heating pump,
xxxx
the type of heat emitter,
yyyy
the main heating flue type,
zzzz
whether there is a boiler interlock system,
aaaaa
whether the heating system has a delayed start thermostat,
bbbbb
whether the heating system has a load or weather compensator,
ccccc
the compensating controller index number,
ddddd
the type of water heating present in the building,
eeeee
the type of fuel used to heat water,
fffff
the type of insulation surrounding the hot water cylinder,
ggggg
the average thickness of the insulation surrounding the hot water cylinder,
hhhhh
the size of the hot water cylinder,
iiiii
whether the hot water cylinder has a thermostat,
jjjjj
the description of any hot water thermal store,
kkkkk
the type of terrain where any wind turbine is located,
lllll
the total number of fixed lighting outlets,
mmmmm
the total number of low energy fixed lighting outlets,
nnnnn
the details of any solar water heating collector and solar storage,
ooooo
the product index number of the flue gas heat recovery system where recorded,
ppppp
the product index number of the waste water heat recovery system where recorded.

b

in the list of items in paragraph 3—

i

omit “and” before item (z), and

ii

add at the end of the list the following item—

aa
the time stamp to show when the data were entered onto the register.

c

in the list of items in paragraph 4—

i

omit “and” before item (dd), and

ii

add at the end of the list the following items—

ee
the time stamp to show when the data were entered onto the register,
ff
the nominated date for the assessment.

Signed by authority of the Secretary of State for Communities and Local Government

Gavin BarwellMinister of StateDepartment for Communities and Local Government13th March 2017

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012/3118) (“the principal regulations”), which implement Directive 2010/31/EU of the European Parliament and of the Council on the energy performance of buildings (recast) (OJ No L 153, 18.6.2010, p. 13).

Regulation 3 amends fees for entering data onto the register of energy performance certificates, display energy certificates and air conditioning inspection reports kept under regulation 27 (registration of certificates etc) of the principal regulations.

Regulation 4 adds items to Schedule B1 (specified data items for online publication) to the principal regulations, which lists items taken from the bulk data, that is the whole set of data in relation to any building that is entered onto the register in relation to the production of certificates and reports. The keeper of the register may publish any of those items on a website in accordance with regulation 30A (publication of bulk access data on a website) of the principal regulations, unless the building is the subject of an opt-out by the owner or occupier in accordance with regulation 30(3) (disclosure of general access data).

A privacy impact assessment for the provisions relating to disclosure of information from the register was undertaken before Schedule B1 was inserted in the principal regulations by S.I 2016/284. It is available with the explanatory memorandum for these Regulations at www.legislation.gov.uk/. A copy is also available from the Department for Communities and Local Government, 2 Marsham Street, London SW1P 4DF. An impact assessment has not been produced for this instrument as no impact, or minimal, impact, on the public, private or voluntary sectors is foreseen.