The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013

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 new requirements of Articles 4(2), 11, 12, 13, 16 and of 27 of the recast Directive 2010/31/EU 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 new definitions from Article 2 of the recast Directive and to clarify the provisions of the Principal Regulations.

Regulation 4 amends regulation 4 of the Principal Regulations to reflect changes in relation to buildings to which energy performance certificate requirements do not apply, in accordance with requirements in Article 4 of the recast Directive.

Regulation 5 amends regulation 5 of the Principal Regulations to require an energy performance certificate to be lodged on the register before a building is marketed for sale or rent and that it is shown to a prospective buyer or tenant. It extends the exemption for buildings which can be shown to be subject to demolition following sale or rent to include buildings which will be subject to a major renovation. A new regulation 5A is inserted to require the inclusion of the energy performance indicator on all commercial media produced for a building.

Regulation 6 amends regulation 6 of the Principal Regulations to update references to the Building Regulations (Northern Ireland) 2012. Where it has been shown at the time of sale or rent that a building will undergo a major renovation and it is therefore exempt from having an energy performance certificate, once that major renovation has been completed an energy performance certificate must be produced for the building.

Regulation 7 removes regulation 7 from the Principal Regulations.

Regulation 8 amends regulation 8 of the Principal Regulations to update references to provide for the assessment of single family houses based on the assessment of another representative building of similar design and size with a similar energy performance. A new regulation 8A is inserted to require the display of energy performance certificates in buildings (other than dwellings) with a total useful floor area of more than 500m² which are frequently visited by the public where such a certificate has already been issued.

Regulation 9 amends regulation 9 of the Principal Regulations to require the relevant person to show, rather than make available, a copy of the energy performance certificate.

Regulation 10 amends regulation 10 of the Principal Regulations to provide for the keeper of the register to release any document or data to an accredited energy assessor engaged for a purpose legitimately connected with the assessment of the building.

Regulation 11 replaces regulation 11 of the Principal Regulations to extend, to progressively smaller public buildings, the requirement to display a display energy certificate. A requirement to lodge advisory reports on the register within 28 days following assessment of the building is introduced.

Regulation 12 amends regulation 16 of the Principal Regulations to require inspection reports to be in a form and to include the unique reference number.

Regulation 13 amends regulation 25 of the Principal Regulations to require the lodgement of inspection reports on the Northern Ireland Register.

Regulation 14 inserts a new Regulation 27A to permit the keeper of the register to disclose documents on request except where an opt-out is in effect, the building is an excluded building, or where a person has not reached the limit for searches as may be set by the Department.

Regulation 15 replaces regulation 30 of the Principal Regulations to permit the keeper of the register to disclose documents or data to the Department, other Departments and public authorities for certain purposes.

Regulations 16, 17 and 18 amend regulations 31, 32 and 33 respectively of the Principal Regulations to include offences and penalty provisions relating to first air-conditioning inspections (regulation 15(2) of the Principal Regulations); having the energy performance indicator on commercial media (regulation 5A); displaying energy performance certificates (regulation 8A); failure to lodge an advisory report (regulation 11(6)); and failure to provide data under regulation 42(2)(c)

Regulation 19 amends regulation 34 of the Principal Regulations to include a person acting on behalf of a relevant person in the provisions relating to a defence when an energy performance certificate is unavailable.

Regulation 20 amends regulation 35 of the Principal Regulations to define penalty charge amounts for new breaches of duty introduced by these regulations.

Regulation 21 amends regulation 42 of the Principal Regulations to require landlords of buildings occupied by public authorities to provide the energy data necessary to produce a valid display energy certificate, where the energy costs are paid by the landlord and included in an overall service charge for the building.

A Regulatory Impact Assessment and a Transposition Note have been prepared. Copies may be obtained on request from the Energy Performance Unit, Building Standards Branch, Department of Finance and Personnel, Level 5 Causeway Exchange, 1-7 Bedford Street, Belfast BT2 7EG. Alternatively, copies may be downloaded from www.epb.dfpni.gov.uk.