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

Explanatory Note

(This note is not part of the Regulations)

These Regulations implement in Northern Ireland Articles 7 (energy performance certificate), 9 (inspection of air-conditioning systems) and 10 (independent experts) of the Energy Performance of Buildings Directive, O.J. No L1, 4.1.20043 (“the Directive”) which lays down requirements for the production of energy performance certificates when buildings are constructed, sold or rented out, display of display energy certificates in large public buildings providing a public service, and regular inspections of air-conditioning systems.

Part 2 of these Regulations implements Articles 7(1) and (2) of the Directive, and requires the production of energy performance certificates when buildings are constructed, sold or rented out. In particular, regulation 5 requires sellers and prospective landlords to make available energy performance certificates to prospective buyers and tenants at the earliest opportunity.

The proposed timetable for energy performance certificates is as follows:

		Commencement Date
	Sale	30 June 2008
Dwellings	New builds	30 September 2008
	Rental	30 December 2008
	Sale	30 December 2008
Buildings other than Dwellings	New builds	30 September 2008
	Rental	30 December 2008

Regulation 6 requires a person responsible for having construction work carried out, when a building is constructed or modified, to make available an energy performance certificate to the owner of the building not more than five days after the work has been completed.

Regulation 7 requires that energy performance certificates shall be accompanied by recommendation reports for the improvement of the energy performance of the building.

Regulation 8 sets out the minimum requirements for energy performance certificates. In particular, certificates shall be no more than 10 years old.

Regulation 9 makes provision for a copy of a valid energy performance certificate to be made available or for a valid energy performance certificate to be made available electronically, with the consent of the intended recipient.

Regulation 10 imposes restrictions on the circumstances in which certificates and recommendation reports may be disclosed, and creates an offence for unlawful disclosure.

Part 3 implements Article 7(3) of the Directive. In particular, where large buildings are occupied by public authorities and by institutions providing public services to a large number of persons a display energy certificate must be displayed, and an advisory report containing recommendations for the improvement of the energy performance of the building must be obtained (regulation 11).

Regulation 12 sets out the minimum requirements for display energy certificates. In particular, certificates shall be no more than 12 months old.

Regulation 13 sets out that the operational rating is not required in the display energy certificate displayed by an occupier who has been in occupation for less than 15 months and the asset rating is not required in the display energy certificate displayed by an occupier who entered into occupation of the building before 31st December 2008.

Part 4 implements Article 9 of the Directive. In particular, where this Part applies the person who has control of the operation of an air-conditioning system shall ensure the system is inspected at regular intervals not exceeding 5 years (regulation 15).

Regulations 16, 17 and 18 set out the minimum requirements for air-conditioning inspection reports, the keeping of the inspection reports and changes of the person in control of the operation of the air-conditioning system.

Part 5 implements Article 10 of the Directive. Energy assessors who produce energy performance certificates, display energy certificates or who inspect air-conditioning systems shall be members of an accreditation scheme approved by the Department (regulation 19).

Regulation 20 imposes a duty on an energy assessor to make any related party disclosures.

Regulation 21 imposes a duty of care on energy assessors and regulation 22 makes provision for the copying of documents.

Part 6 deals with the register of documents and establishes the duties relating to disclosure of the documents held on the register.

Part 7 deals with enforcement and makes provision for enforcement by way of civil penalties. Regulation 31 imposes a duty on the enforcement authority to enforce the duties relating to certificates and air-conditioning inspections and regulation 33 empowers the enforcement authority to issue penalty charge notices for any breach.

Regulation 34 and regulations 36 through to 38 establish the rights of the person who has been given a penalty charge notice.

Regulation 40 creates offences relating to enforcement officers.

Part 8 deals with miscellaneous matters.

Regulation 41 binds the Crown.

Regulation 42 imposes a general duty to cooperate with and allow reasonable access to any person who is under a duty relating to certificates or inspections.

Regulation 43 amends the Building Regulations (Northern Ireland) 2000. In addition to various consequential amendments, the amended paragraph 5(d) and new paragraph 5(g) of regulation A11 of the Building Regulations (Northern Ireland) 2000 revokes the requirement to produce an energy rating notice for new dwellings and replaces it with a requirement to produce an energy performance certificate.

A Regulatory Impact Assessment has been prepared. Copies can be obtained on request from Building Standards Branch, Department of Finance and Personnel, 10th Floor River House, 48 High Street, Belfast BT1 2AW. Alternatively, it may be downloaded from www.buildingregulationsni.gov.uk.