The Energy Performance of Buildings (England and Wales) etc. (Amendment) Regulations 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply to England and Wales, amend the Building Regulations 2010 (S.I. 2010/2214) (“the Building Regulations”) and the Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012/3118) (“the Energy Performance of Buildings Regulations”) in connection with the green deal energy efficiency scheme (“the green deal scheme”) created by Chapter 1 of Part 1 of the Energy Act 2011 (c.16.) (“the Act”).

Part 1

Regulation 1 provides for the commencement of these Regulations and defines terms that are used in the Regulations.

Part 2

This Part makes amendments to the Building Regulations.

Regulation 4 inserts a number of new definitions in regulation 2 of the Building Regulations relating to the green deal scheme.

Regulation 5 amends regulation 29 of the Building Regulations and regulation 6 inserts a new schedule in those Regulations so that energy performance certificates which are produced under those Regulations and relate to a property where there is a green deal plan are required to include certain information about that plan. Regulation 5 also inserts into regulation 29 provisions relating to the validity of energy performance certificates containing green deal information when those certificates are being used to comply with the green deal disclosure obligations contained in section 12 of the Act and Part 7 of the Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012 (S.I. 2012/2079) (“the Green Deal Framework Regulations”).

Part 3

This Part makes amendments to the Energy Performance of Buildings Regulations.

Regulation 8 inserts a number of new definitions in regulation 2 of the Energy Performance of Buildings Regulations relating to the green deal scheme.

Regulation 9 amends regulation 9 of the Energy Performance of Buildings Regulations and regulation 14 insert a new schedule in those Regulations so that energy performance certificates which are produced under those Regulations and relate to a property where there is a green deal plan are required to include certain information about that plan. Regulation 9 also inserts into regulation 9 provisions relating to the validity of energy performance certificates containing green deal information when those certificates are being used to comply with the green deal disclosure obligations referred to above.

Regulation 10 amends regulation 27 of the Energy Performance of Buildings Regulations to ensure that green deal information is added to the EPC register and to allow for the replacement of the green deal information stored on the EPC register when an update to that information is required pursuant to provision made under section 11(6) of the Act.

Regulations 11 to 13 amend regulations 30 to 32 of the Energy Performance of Buildings Regulations to ensure that information about green deal plans is only disclosed by the keeper of the EPC register in appropriate circumstances.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. However, this instrument forms part of a series of instruments which establish the green deal energy efficiency scheme. A full regulatory impact assessment of the effect that that scheme will have on the costs of business and the voluntary sector is available from the Green Deal Legislation Team, Department of Energy and Climate Change at 3 Whitehall Place, London SW1A 2AW and is published alongside the Framework Regulations on www.legislation.gov.uk.